HomeMy WebLinkAboutReg 2018-12-03 Item 4E - Agreement - Boeing Access Road Over Airport Way Seismic Retrofit Design with TranTech Engineering for $315,112 oiLA ,i,) 0C30.0. U.N.0..1.L,ii„ GclIENDL,,,A SYNOPSIS
ITEM No.
IM2e/ding Date Prepared by Mayor's review Council review
4. E.
19.13
ITEM INFORMATION
STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 12/03/18
AGENDA ITEM TITLE Boeing Access Road Bridge over Airport Way Seismic Retrofit Project
Design Consultant Agreement with TranTech Engineering, LLC.
CATEGORY El Discussion 0141 Motion [I] Resolution El Ordinance [1]Bid Award E] Public Hearing E] Other
Mtg Date Mtg Date 12/03/18 Mtg Date Mtg Date Meg Date Mtg Date At Date
SPONSOR El Council OlViciyor DEM EDCD OFinance ElFire OTS OP&R EIPolice DPW' El Court
SPONSOR'S Council is being asked to approve the design contract with TranTech Engineering for the
SUMMARY Boeing Access Road Bridge over Airport Way Seismic Retrofit Project. The Airport Way
Bridge is the only remaining structure on the Boeing Access Road corridor that has not
been seismically upgraded and the project is funded with a Federal bridge grant.TranTech
was selected from six consulting firms. Council is being asked to approve the TranTech
Engineering consultant design agreement for$315,112.00.
REVIEWED BY El C.O.W. Mtg. El CDN Comm 0 Finance Comm. CI Public Safety Comm.
21 Trans &Infrastructure Ej Arts Comm. 0 Parks Comm. 0 Planning Comm.
DATE: 11/26/18 COMMITTEE CHAIR: THOMAS MCLEOD
RECOMMENDATIONS:
SPONSOR/ADMIN, Public Works Department
CommirrEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$315,112.00 $367,000.00 $
Fund Source: 104 ARTERIAL STREETS
Comments: Proposed 2019 CIP,page 13
MTG. DATE RECORD OF COUNCIL ACTION
12/03/18
MTG. DATE ATTACHMENTS
12/03/18 Informational Memorandum dated 11/21/18
Consultant Selection Matrix
BRAC Funding Award Letter
Proposed 2019 CIP, page 13
TranTech Engineering's Consultant Agreement
Minutes from the Transportation and Infrastructure Committee 11/26/18
33
34
4.1411,..24
•I I • Allan Ekberg, Mayor
le4.1
Public Works Department-Henry Hash,Director
47961?
INFOR ATIONAL E ORANDU
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director
BY: Steve Carstens, Senior Program Manager
CC: Mayor Ekberg
DATE: November 21, 2018
SUBJECT: Boeing Access Road Bridge over Airport Way Seismic Retrofit
Project No. 91310407
Design Consultant Selection and Agreement
ISSUE
Execute an agreement with TranTech Engineering, LLC (TranTech) for design engineering services for
the Boeing Access Road Bridge over Airport Way Seismic Retrofit Project.
BACKGROUND
Boeing Access Road (BAR) is a principal arterial connecting 1-5 and East Marginal Way South. It is
considered regionally significant and is included on the National Highway System (NHS) for access to
the Boeing Company and the King County Airport at Boeing Field. The BAR Bridge over Airport Way is
the only remaining structure on the BAR corridor that has not been seismically upgraded. This
improvement would allow the entire corridor to be seismically resistant during a seismic event.
DISCUSSION
Request for Qualifications were published on August 8 and 22, 2018 and six firms submitted on
September 23, 2018. Three firms were then interviewed and TranTech was the highest rated firm from
the selection process. Staff then negotiated the fees for the design phase of the project.
FINANCIAL IMPACT
The Transportation and Infrastructure Committee approved/accepted the Federal BRAC bridge grant, in
the amount of$2,981,055, on January 19, 2018. The design phase of the grant is for $367,200 and has
a 13.5% local match or$47,520.00. The federal funding letter states that the Boeing Access Road Bridge
over Airport Way Seismic Retrofit Project requires a 13.5% local match, but if construction is authorized
by December 2020, the project is eligible for 100%federal funding. We see no impediment to successfully
completing the project by 2020 and receive the 100% construction funding, up to the allowable$3 million.
Contract Budget
Design Contract $315,112.00 $367,000.00
RECOMMENDATION
Council is being asked to approve the design consultant contract with TranTech Engineering, LLC, in
the amount of$315,112.00 for the Boeing Access Road Bridge over Airport Way Seismic Retrofit
Project and consider this item on the Consent Agenda at the December 3, 2018 Regular Meeting.
Attachments: Selection Matrix
BRAC Funding Award Letter
Proposed 2019, pg. 13
Consultant Agreement
W:\PW Eng1PROJECTS A-RW&RS Projects1BAR over Airport Wy Bndge(91310407)101-preliminary engineennglinfo Memo PE TransTech 112118 gl docx 35
36
S BAR over Airport Way - Summary Sheet
Finn Cumulative Score Avg Score Ranh
Jacobs Engineering Group, LLC 188 66.00 2
TnonTech Engineering, LL[ 232 77.33 1
David Evans and Associates, Inc. 190 63.33 S
BergerABAKA 195 65.00 4
KPFF, |nc 196 65.33 3
RHCEn8)neerin8 171 57.00 6
Individual scores will not be released.
Top firms move onto the interview.
S [%AR over &~rporfWay - Summary Sheet
Firm Cumulative Score Avg Score Rank
]acobs(D-9AM) 285 71.25 ]
KPFF (93O'lO3OPM) 302 75.5 %
Tranteoh (11AK4-12PM) 318 79.5 1
38
ashington State franspoi7a0on aiiLloong
epartmerat of Treanspordo 310 Maple Park Avenue S E
tan PO Box 47300
Olympia,WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
December 6, 2017 www wsdot wa gov
Mr.Robin Tischmak
Interim Public Works Director
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, Washington 98188-2545 OEC .2017
S Bar/Airport Way
2017 Local Bridge Program
TUKWILA
Federal Funding PUBLIC WORKS
Dear Mr. Tischmak:
WSDOT is pleased to advise you that the above mentioned bridge project was recently selected. The
federal funding is limited to the amount shown below:
S Bar/Airport Way $2,981,055
Scope: Seismic
NOTE: This project requires 13.5 percent local match. If construction is authorized by December
2020, the project is eligible for 100 percent federal funding for eligible costs. Preventative maintenance
projects are limited to a maximum$3 million.
In order to meet state and federal requirements, the following are required:
• Project expenditures incurred before receiving notice from Local Programs of federal fund
authorization are not eligible for reimbursement.
• Please refer to the Local Programs webpage for detailed information, including:
(httn://www.wsdot.wa.gov/localorograms/)
Local Agency Guidelines(LAG)manual for the requirements regarding programming,
authorization, reimbursement,etc.;
• Projects utilizing federal funds must be included in your current Transportation
Improvement Program (TIP) as a complete programmed project. Once your TIP
amendment is approved, WSDOT will amend the Statewide Transportation
Improvement Program(STIP);
Funding and billing forms;
✓ Quarterly Project Reporting is required to be completed by the end of March,June,
September, and December each year.. To access the database you will need an account
name and password. Your account name is Tukwila and your password is Tukwi785.
The password is case sensitive.
As a reminder, Local Programs requires all agencies to submit monthly progress billings to ensure
timely reimbursement of eligible federal expenditures.
For assistance please contact Mehrdad Moini,your Region Local Programs Engineer,at 206.440.4734.
Sincerely,
Kathleen B. Davis
Director
Local Programs
KBD:st:sas
cc: Kelly McGourty,Transportation Director, PSRC
Mehrdad Moini,Northwest Region Local Programs Engineer, MS NB82-121
39
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2019 to 2024
PROJECT: Boeing Access Rd over Airport Way Seismic Retrofit Project No. 91310407
DESCRIPTION: Pmv�eoe�minmud�oaUonato�eBue�g,Access Road over/V�o�yVoyBhdQetoaU«*btowhhu�nd
'
earthquake forces.
The Boeing Access Road over Airport Way Bridge is the final bridge on the corridor from 1-5 to the King
JUSTIFICATION: County Airport and Boeing facilities that has not been seismically upgraded.This improvement would
allow the entire corridor to be seismically resistant during anearthquake.
STATUS: New Project� for2n1V~2O24C|P. Designiaoohedu|ed to begin in the second quarter of2O18with
construction in202O.
0OA|NT.|8OPACT: Maintenance should remain the same after the seismic items are installed.
Design requires a 13.5%match. If construction is not authorized by December 2020,theCity wouldho
COMMENT: required to provide a 13.5%match. If construction is authorized prior to that date,there would be no City
match.We believe that the project can obtain the construction authorization so no City funding is listed below.
FINANCIAL Through Estimated
(in$VVV's) 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL
EXPENSES
Design 100 267 387
Lumd(R/W) O
Cunoi. MOnK. 520 520
Construction 2.094 2.094
TOTAL EXPENSES U 108 267 2,614 0 V V V O 2,981
FUND SOURCES |
|
Awarded BRAC'Grant 87 231 2.614 2,932
Proposed Grant O
Fund Balance-Bond O
Mitigation O
City Dp*cRevenue O 13 36 0 O O D O V 49
TOTAL SOURCES 0 100 267 3.614 V V O V V 2^981
�
Project oj~~~~t Location
/
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|
/
'
30 St ~____________`
2019 2024copxa Improvement Program 13
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name(do not use dba's):
TranTech Engineering, LLC
Address Federal Aid Number
2646 RVV Johnson Blvd., SW Suite 112, Tumwater, WI BHM-1380(004)
UBI Number Federal TIN or SSN Number
602507862 68-0607809
Execution Date Completion Date
December 31st, 2020
1099 Form Required Federal Participation
0 Yes El No ri Yes LI No
Project Title
South Boeing Access Road over Airport Way Seismic Retrofit
Description of Work
TranTech Engineering, LLC (TranTech) will provide seismic retrofit design services to the City of Tukwila
(Agency). Services will include seismic analysis, a concept design report, and bid-ready plans, specifications,
and estimate(PS&E).
Please see Exhibit A for detailed Scope of Work.
Yes 0 No DBE Participation Total Amount Authorized: $315,112.00
0 Yes ri No MBE Participation Management Reserve Fund:
0 Yes 0 No WBE Participation
Maximum Amount Payable: $315,112.00
0 Yes 0 No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation/SBE Plan
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14
Revised 11/01/2017 41
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 (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
zi.lvised 11/01/2017
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is
established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is
voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this
AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE
Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or(ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: Steve Carstens, PE Name: Grant Griffin, PE
Agency: City of Tukwila Agency: TranTech Engineering, LLC
Address: 6300 Southcenter Blvd Suite 100 Address: 2646 RW Johnson Blvd., SW, Suite 112
City: Tukwila State: WA Zip: 98188 City: Tumwater State: WA Zip: 98512
Email: steve.carstens@tukwilawa.gov Email: ggriffin@trantecheng.com
Phone: 206.431.2446 x 1646 Phone: 360.810.2032 x. 102
Facsimile: Facsimile:
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14
Agreement Revised 11/01/2017 43
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1. Direct(RAW) Labor Costs: The Direct(RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate(ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime
and all sub-consultants)will submit to the AGENCY within six(6) months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for
the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: ConsultantRates@wsdotwa.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
4aevised 11/01/2017
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 11/01/2017 45
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:
LocalAgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14
4tevised 11/01/2017
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794)
• 49 CFR Part 26
• Age Discrimination Act of 1975
• RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number:
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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 11/01/2017 49
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the
execution of this AGREEMENT to:
Name: Steve Carstens, PE
Agency: City of Tukwila Department of Public Works
Address: 6300 Southcenter Blvd Suite 100
City: Tukwila State: WA Zip: 98188
Email: steve.carstens@tukwilawa.gov
Phone: 206.431.2446 x 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:
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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:
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XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The"State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses,telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish,transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14
5Rrised 11/01/2017
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six(6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT`s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number:
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tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including"Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and/or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modfication, 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
grvised 11/01/2017
Exhibit A
Scope of Work
Project No.
See attached Exhibits
Agreement Number:
Exhibit A-Local Agency MR Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1
55
jut
c - • o r
South Boeing Access oad over Airport ay Seismic etrofit
Submitted to:
City of Tukwiia
November 19, 2018
Prepared by: TranTech Engineering, LLC
Engineering LLC
56
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This PROJECT will determine the seismic vulnerability of the existing South Boeing Access Road
over Airport Way (SBAR/AW) Bridge and will provide targeted retrofit solutions that will be
developed into Plans, Specifications, and Estimates (PS&E)for advertising for construction.
0'��� ���U
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The CITY of Tukwila (CITY) has retained TranTech Engineering, LLC (CONSULTANT) to provide a
complete PS&E package for the SBAR/AW Seismic Retrofit (PROJECT) in Tukwila, Washington.
The following describes the Scope of Work(3C[>PE) for this project.
The SBAR/AW was constructed in 1952 in an area of King County that is now the north end of
the City of Tukwila.The 4-span bridge is approximately 66 feet wide and 182 feet long
(39':52':52':39'). Its superstructure is composed of reinforced concrete T-beam girders made
composite with aG.S'thick concrete deck slab. Its substructure is composed ofconcrete
abutments and multi-column intermediate piers founded on either shallow spread footings or
deep pile foundations. At both abutments, rocker bearings are supporting the superstructure
and are utilized as part of the bridge's expansion joint system. The bridge carries five lanes of
traffic with a 6'VVide sidewalk on each side. Piers ] and are founded on driven steel H'pi|es.
The first.step in the project is to perform a seismic vulnerability assessment ofthe bridge
prepare a Concept Design Report (CDR) that documents the seismic retrofit solutions for the
bridge and associated preliminary cost estimates. Determination of the seismic vulnerability of
the bridge and the appropriate retrofit solutions will be performed using detailed structural
analysis and engineering judgment. Conceptual level cost estimates will be based onavailable
cost data for similar work with site-specific input related to accessibility and constructability.
The development ofthe CDR will lead to the development ofpS&E for the selected alternative.
Anticipated design services include survey and base mapping, geotechnica|, environnnento|
documentation/ permitting, and if desired by the City, utility coordination, public involvement,
and design and construction management support during construction phase. Construction
phase services is anticipated as future supplement to this SCOPE.
South Boeing Access Road over Airport Way Seismic Retrofit
57
`�^ «�� �&��� ^
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This SCOPE provides Seismic Analysis, a Concept Design Report, and complete PS&E for the
PROJECT. The SCOPE is anticipated to be completed within the relative timeframes shown in the
milestone schedule unless the CITY and CONSULTANT approve changes to the schedule dates.
The key schedule milestones are shown below. A complete baseline schedule for the PROJECT
will be prepared following notice toproceed.
The primary objective of this work is to provide a viable retrofit concept and to advance the
proposed solutions, approved by the City, to full design level and to prepare the PS&E for
advertisement of the seismic retrofit construction project oothe SBAR/AW Bridge.
The anticipated duration for the development of the final bid-ready documents is expected to
take approximately 6 months. As mentioned above, the consultant contract will have the option
for amendment of additional scope for desired engineering and construction management
services during the construction phase of the project. City has the option of renewing the
contract each year until completion of the work.
^A �~
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° Seismic analysis and retrofit will be in accordance with the FHN4\Seismic Retrofitting
Manualfor Highway Structures—Part 1 —Bridges, 2006(FHWA Retrofitting ManualJ the
Washington State Department of Transportation Bridge Design Manual(LRFD) (WSDOT
BDM) and the Washington State Department of Transportation Geotechnical Design Manual
(VV5DOTGDK4).
* Funds may be transferred between tasks with prior CITY approval.
* Coordination by the CONSULTANT with outside agencies, groups, or individuals will receive
advance approval by the CITY.
~ Changes in the detail of work beyond what is described in this SCOPE will be made as
requested by the CITY and authorized by amendment as "Out-of-scope" Work.
w The CONSULTANT will support the[|TY's Public Works Department. When alternatives are
being considered or decisions are being made, the CITY will make all final decisions.
w For any field investigations, acquiring the permission of private landowners whose property
would be visited will be the responsibility of the CITY. Permission must beobtained prior to
fieldwork on privately owned land.
w The CITY will provide available as-built plans, bridge records, inspection reports, previous
study findings and calculations.
South Boeing Access Road over Airport Way Seismic Retrofit
2
* The CITY will provideall real property services for the PROJECT and obtain all property rights
necessary to design and construct the Project.
w The CONSULTANT is responsible only for meeting deadlines for their tasks and has no
control over those portions of the schedule related to the tasks performed bv the CITY or
any third party that is retained by the CITY. The CONSULTANT will work with the CITY to the
greatest extent feasible'to maintain overall PROJECT schedule.
* Additional subsurface investigation and remedial action associated with any hazardous
wastes located within the PROJECT limits are not within this SCOPE. CONSULTANT will
provide documentation support as requested based upon data from existing subsurface
investigation. Because of the inherent uncertainties in subsurface evaluations,
underground conditions may occur that could affect total PROJECT cost and/or execution.
These conditions and cost/execution effects are not the responsibility of the CONSULTANT.
* The CONSULTANT will use the following computer software in the performance of the
engineering and design work for this contract:
o Engineering software: 5AP2OOOorCS| Bridge; Group v.20l6; LPi|ev.2O1S; XTRA[T;
spCo|VnnnV.7; W1athcadV.15
o CAD software: AutoCAD and Civil 3D2OlS
o Scheduling software: Microsoft Project orExcel
o Microsoft Office, Word, Excel (version 3O1O)
w English units for plans, engineering, and environmental documents
w The CITY and review agencies will take up to ten business days to review milestone
submittals. The CITY will be responsible for collecting CITY and review agency comments,
resolving conflicting comments, and submitting one set of consolidated comments to the
CONSULTANT for each submittal.
* Designated CITY staff will lead and participate in all stakeholder and designated team
meetings throughout the life of contract and review and comment on all deliverables
outlined incontract.
* Utility potholing ia not included in this Scope. Potholing work will be covered inen
amendment as out-of-scope work to the PS[&E Contract if utility potholing is deemed
necessary and essential when the existing utility information is deemed insufficient to
identify existing utilities correctly.
South Boeing Access Road over Airport Way Seismic Retrofit
3
or. e ������� . . �� t: e CI���
Throughout the duration of the PROJECT, the CITY will perform services, furnish information,
and answer questions on CITY standard procedures for plan preparation.
The following services will beperformed by the CITY:
* CITY will provide available as-built plans, bridge records, inspection reports, previous study
findings and calculations, etc.
p If necessary, CITY will provide meeting location/conference room for all stakeholder
meetings throughout the life of this contract.
° If necessary, Designated CITY staff will lead and participate in all stakeholder meetings
throughout life oycontract.
w Review and comment on all deliverables outlined incontract.
" '~Uestones c es'uUe
The schedule of milestones is shown below. The schedule below assumes NTPb received bv
December I7m,2Ol8. Delayed NTP will affect the dates shown.
Milestone Date
Draft CDR January 28, 2Ol9
Draft CDR Comments Due Feb 11, 3Ol9
Final CDR February%G, 3OlS
Draft 6O96P5&E W1arch26 2019
Draft 6DY6PS&E Comments Due April 8, 2Ol9
Draft 4O96PS8^E May 37, 2O1B
Draft gOP5/&E Comments Due June l[\ZD13
Fino| P5Q'E July 29,ZO19
*
' Days are Calendar Days
CDR: Conceptual Design Report
South Boeing Access Road over Airport Way Seismic Retrofit
4
Ta s� 1 �ana,te, � �ent
Task 1"1 Project ", GNnagement Plan
This Task includes preparation of a Project Management Plan to direct and define the analysis
and decision-making process required to complete the project. Thep|anxvi|| indudethese
components:
* Project scope ofwork
w Project schedule
* Team roles, work assignments and organization
w Team meetings &coordination
w Communications protocols
m Monthly progress and performance reporting
* Records management
w Change control procedures
* Project Safety Plan
* Quality assurance and control
w Closeout of the project
Task 1,2 Project K^cko�� and Coordination
The CONSULTANT project manager will provide direction to the PROJECT team, including
SUBCONSULTANTs, and conduct PROJECT coordination meetings with appropriate task leaders.
The CONSULTANT will coordinate execution of the PROJECT and meet periodically with the CITY
Project Manager and staff. Tasks include:
° Conduct a kickoff meeting at the beginning of the PROJECT.
• Develop the PROJECT'delivery'schedule and update it as changes occur.
* Meet with the CITY Project Manager and/or staff periodically, including review
coordination of milestone submittals.
Assumptions:
* The CONSULTANT'S Project Manager and/or project en8ineervvi|| rneet (fmce-to'
face) m/iththeC|TYp� jectK8anaQerupto1Otinnes.
* Internal PROJECT team coordination meetings will be held onabi-vveeWybasis
during PROJECT duration. These meetings will be in addition to the coordination
meetings held with the CITY but budgeted as part of the specific work tasks.
South Boeing Access Road over Airport Way Seismic Retrofit
5
Deliverables:
w Meeting Agendas in electronic format (MS Word) as needed
* Meeting Minutes in electronic format (MS Word) asneeded
Task 1"3 SubconsuUtant Coordination
The CONSULTANT will provide direction to the SUBCONSULTANTs and review of their work over
the course of the PROJECT. Monthly monitoring of the SUBCONSULTANT's design budget will
occur over the course of the PROJECT. Status, as well as projections, will be developed.
CONSULTANT will monitor SUBCONSULTANT costs and budgets, and propose corrective actions,
if necessary. This may include formal SCOPE and/or budget modifications.
Task 1,4 Project "on^tor^ng and Reporting
The CONSULTANT's project manager will monitor the PROJECT planned budget versus actual
progress. CONSULTANT will prepare and submit an invoice and a brief progress report monthly
that reflects progress over the previous billing period and anticipated activities over the next
billing period. The monthly progress report will include a summary of any identified variances
from the budget and schedule, reason(s) for the variance, and proposed corrective action(s).
Deliverables:
* Hard copies of Monthly Invoices and Progress Reports
Task 1,5 * uali , Control/ 9 uaU' Assurance Review
This task is for[lC/[tA review of CONSULTANT deliverables by e designated O[/[\Astaff
member of the CONSULTANT team.The review will cover documents; reports; plans,
specifications, and cost estimates; and pertinent information on an ongoing basis. The program
entails the periodic review ofcriteria, design, calculations, and assumptions, as well as concepts
and presentation pf product format; and documents that the overall PROJECT objectives are
being fulfilled. .
The following level ofstructural review will be performed for the following:
m Structural/Retrofit Design Review—The reviewer verifies the reasonableness of the
seismic analysis approaches, calculations, details for retrofit concepts, and
recommendations.
South Boeing Access Road over Airport Way Seismic Retrofit
6
2 ata Collection amle, Fie[i erification
Task 2.1 ridge Data Collection and Field Verification
The CONSULTANT will gather available information pertinent to the PROJECT, including and not
limited to as-built drawings, bridge inspection reports, maintenance records, load rating, and
utilities on and adjacent to the bridge.
A site visit of the bridge will be conducted to verify the information shown in the as-built
drawings and to document any additional or missing as-built information.The verification will
be limited to the information required for the seismic analysis and limited to visual inspection
of elements above the ground and out of the water only.The CONSULTANT will inform the CITY
of any major discrepancies observed between the site visit and the inspection report.
Assumptions:
* The CITY will provide the available existing information on the PROJECT from CITY
records.
* The site visit is not a bridge inspection.
* No traffic control measure is anticipated.
w Site visit to verify as-built information is limited to items readily visible and
accessible without special equipment (lift orUB|T\orladders.
Deliverables
* A brief field visit report describing and documenting overall existing conditions of
the bridge and any discrepancies from the as-built drawings.
* Photos of the bridge and site conditions for inclusion in the Concept Design Report
and referenced in the Project Definition Report.
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In conjunction with the structural analysis,the CONSULTANT will perform geotechnical
engineering and analysis and provide input ko the structural engineer(s)to inform the
determination of potential vulnerabilities and proposed retrofits.
The AASHTO Guide Specifications for LRFD Seismic Bridge Design requires site-specific ground
motion response for structures founded in Site Class F soils. Based on published geologic maps
and soil information gathered from previous borings in the PROJECT vicinity, CONSULTANT has
determined the anticipated Site Class for seismic design is not Class F. Site-specific ground
motion response will not be evaluated for the PROJECT.
South Boeing Access Road over Airport Way Seismic Retrofit
7
Task 3"1 Geotechnical Engineering
The CONSULTANT will:
* Project Setup:The CONSULTANT will set the project upintheiraccountingpnogronn
and will develop a health and safety plan for proposed field work.
w Attend Project KickoffK4eeting: The CONSULTANT will attend one project kjckoff
meeting with the City and the design team. This meeting will review project
objectives, communication protocol and schedule. The CONSULTANT assumes that
this meeting will take place atthe City ofTukvvi|a'soffice.
w Collect and Review Available Geotechnica| Data: The CONSULTANT will review
readily available and relevant information along the project corridor. This review
will include online geotechnical databases, geologic maps and HWA library.
w Plan Field Exploration Program: The CONSULTANT will plan and coordinate the
Q 'otechnica|exploration program for the project. The exploration program will
consist of conducting one geotechnica| boring at each Pier(Sbor|nBs). Planning will
include identification of the location of the geotechnical borings, development of
traffic/pedestrian control plans and coordination of required equipment and/or
f|aggers.
* Generate Exploration Work Plan Memo: The CONSULTANT will prepare en
exploration work plan memorandum of our exploration program. This work plan will
be submitted to the City for review and approval.The work plan will detail the type,
location, and extent of proposed field explorations along with logistics necessary to
perform the work such as traffic control plans and staging areas. The work plan will
also be used for utility locating clearances and for permitting that may be necessary
to access the exploration locations.
* Conduct Utility Locates and slope Reconnaissance: Prior to conducting our
geotechnical borings, the CONSULTANT will make a site visit to mark the proposed
boring locations and arrange for utility locates using the Utility Notification Center.
During this site visit the CONSULTANT will perform a slope reconnaissance to
observe surface soils, slope vegetation, groundwater seeps near the existing bridge.
A second visit is will be necessary to verify that the proposed boring locations are
clear of utilities prior to perform the exploration.
* Conduct Gentechnica| Explorations: The CONSULTANT will conduct a series offive
(5)geotechnical borings along the bridge alignment (at each Pier location) to identify
the subsurface soil and groundwater conditions align the bridge alignment. Each
South Boeing Access Road over Airport Way Seismic Retrofit
8
geotechnical boring will be drilled with a mini-track limited access drill rig and logged
bvonHWA geuteohnica|engineer or engineering geologist.
w The CONSULTANT will conduct one (1) 8eotechnica| boring near each bridge
abutment. The boring at the eastern and western abutments will be drilled inthe
grassy/gravelly area behind the guard rail. Each of these borings will be drilled toa
depth of 30 to 40 feet below ground surface depending on the soil conditions
encountered at the time ofdrilling. The location of both abutment borings will have
no impact on pedestrians or vehicular traffic.
* The CONSULTANT will drill one (l) boring at each Rf the interior piers. Borings for
Piers 2 and 3 (deep foundations) will be drilled to a depth of 40 to 50 feet below
ground surface depending on the soil conditions encountered at the time ofdrilling.
Boring for Pier 4 (shallow foundation) will be drilled to a depth of 20 feet below
ground surface. These borings will be drilled in the grassy area at each shoulder of
Airport Way S and on the existing median. The borings will be positioned fo
maintain traffic along Airport Way S throughout the drilling operation.
* Generate Boring Logs and Assign Laboratory Testing:The CONSULTANT will prepare
summary boring logs and perform laboratory testing to evaluate relevant physical
properties of the site soils. Laboratory testing could include moisture content,
hydrometers, grain-size distribution' Atterberg Limits, direct shear and/or undrained
compression test.
* Evaluate Field and Laboratory Data: Based on the borings and the laboratory test
results of selected samples, the CONSULTANT will generate estimates of the soil
strength and other properties needed to evaluate the effects the subsurface
conditions will have on the bridge during a seismic event. Soil properties that will be
developed include static and dynamic shear strengths, stiffness and low-strain shear
wave velocities.
* Develop Geologic Profile: The CONSULTANT will develop a geologic profile along the
bridge alignment based on the results of the ofthe subsurface exploration program.
This geologic profile will be used to evaluate slope stability and other geologic
hazards.
* Generate seismic design ground motion parameters for a two-level analysis (100-yr
and l,OOO'yr return periods) using ZO14USGS Hazard Maps.
w Evaluate geologic hazards. Based on the range ofgeotechnica| soil properties, on
evaluation of earthquake-induced geologic hazards that may affect the bridge
South Boeing Access Road over Airport Way Seismic Retrofit
9
foundation resistances will beperformed. Seismic ground motion, slope stability
and settlement will be included in the geologic hazard evaluation.
w Evaluate Potential for Liquefaction: The CONSULTANT will evaluate potential for
liquefaction, lateral spreading and liquefaction-induced settlement.
w Evaluate Seismic Lateral Earth Pressures at Existing Abutments:The CONSULTANT
will evaluate lateral earth pressures at existing abutments under seismic loading
conditions'
° Perform geoteohnica| foundation resistance assessment: The CONSULTANT will
analyze the existing foundations and soil conditions to develop foundation capacity
recommendations.This assessment will also consider the results of the geologic
hazard evaluation, including the potential effects of slope stability on the
foundations.
* Project Coordination Meetings: The CONSULTANT will attend upto one /1Nproject
coordination meeting at the City ofTukxvi|a"sOffice. The CONSULTANT`sattendance
will be used to convey the geotechnica| considerations of the site tu the City and the
design team.
* Geotechnico| OA/[\[: The CONSULTANT will have all design calculations and
recommendations reviewed by a senior principal prior to distribution to the design
team or the City.
° Prepare Draft Geotechnical Engineering Memo:The CONSULTANT will prepare a
draft geotechn|ca| engineering rnennofor'thepr 'ect. Thisnnerno'yvi|| containthe
results of the geotechnical engineering investigation, including description of surface
and subsurface conditions; a site plan showing exploration locations and other
pertinent features; summary boring logs; and laboratory test results and all AASHTO-
required seismic retrofit design parameter required for the project.
° Respond to City of Tukwila and Design Team Comments: CONSULTANT will review
and respond to one round of comments received.
* Miscellaneous Geotechnica|Analysis: The CONSULTANT will provide upto1Shours
of miscellaneous geotechnical analysis to support the design team with various
questions and request for additional analysis.
p Geotechnical Task Management:The CONSULTANT will provide geotechnical task
management to all geotechnica| related aspects of the project. The CONSULTANT
will correspond with the City and the design team in the form of emails, fax, and
telephone calls, asnecessary.
South Boeing Access Road over Airport Way Seismic Retrofit
10
* The geotechnical explorations proposed herein will not be used to assess site
environmental conditions. However, visual or olfactory observations regarding
potential contamination will be noted. Analysis, testing, storage, and handling of
potentially contaminated soil and ground water (either sampled or spoils from
drilling) are beyond this scope ofservices. |f contaminated soils and/or ground
water are encountered, the material will be properly contained on-site for disposal
os mutually agreed upon without additional cost toCONSULTANT.
w The CONSULTANT will not install any groundwater monitoring wells at the locations
of the proposed borings.
w CONSULTANT will identify utilities near the boring locations with o private utility
locator and through the Washington Utility Notification Center.
p All non-contaminated drilling spoils and related debris will be drummed on site and
transported offsite for disposal by the drilling subcontractor.
* All field explorations will be conducted between the hours of DAM to 513M.
* All required rights of entry will be provided by the City atno cost tothe
CONSULTANT.
w The borehole locations will be surveyed byothers.
w Relatively disturbed subsurface soil samples will be collected from the borings using
the Standard Penetration Test (SPT) at intervals ofZ.S feet in the upper 2Q feet and
at intervals of5 feet below 20 feet (if app|icab|e\.
w Slope reconnaissance is limited to observation of existing topography and features;
no excavation orsubsurface exploration will beconducted.
w No detailed soil structure interaction analyses will be completed as part of this work.
* The range of geotechnical soil properties will be based on the review of the available
ge0technica| and geologic information at the site.
w Structural foundation analysis will be performed using FHWA soil spring guidelines
for spread footings and with LPi|eor Group software.
Deliverables:
w The CONSULTANT will provide an exploration work plan memorandum in PDF
format.
* The CONSULTANT will provide a Technical Memorandum describing the
geo|og1c/peotechnica| conditions, geologic hazard assessment (i.e. slope stability,
liquefaction, and settlement), ranges of static and dynamic soil properties for
bracketing analyses, geotechnica| foundation assessment, and ground motion
South Boeing Access Road over Airport Way Seismic Retrofit
11
67
hazard response spectrum tobe used in the structural analysis. The memorandum
will also include a discussion of potential geotechnical issues and additional testing
that will need tobe addressed during design. (PDF and one (l) hard copy)
Ta s nv^rom -entaK
Task4.1 Kick-Off Meeting and Coordination with WSD40l[
CONSULTANT will attend a kick-off meeting with WSDOT to clarify the SCOPE, schedule, and
expectations for the environmental components of the PROJECT, and identify key permitting
issues that could affect the schedule. A walk through of the PROJECT limits and general
reconnaissance by technical team members will be led by the PROJECT team leads after the
PROJECT kick-off meeting. Information gathered during the kick-off meeting and
environmental site visit will be recorded for inclusion in separate document deliverables, as
appropriate, to complete an Environmental Overview Technical Memorandum (TM).
Tasku&.2 Environmental Evaluation,, Field Work and Documentation
The CONSULTANT will conduct a desktop survey to identify potential environmentally sensitive
areas (e.g. wetlands, streams, geologic hazards) within and including an additional 200-foot
buffer outside of the PROJECT area boundary. The desktop survey will also include identifying
other potential areas of concern including public properties/parks, historic and/or cultural
resources, disadvantaged populations, and sensitive noise receptors. Work conducted under
this task will be based on internet research and review of existing documentation on the
PROJECT area and vicinity.
Additionally, the CONSULTANT will perform a reconnaissance level field investigation to identify
potential environmentally sensitive areas within and including an additional 200-foot buffer
outside of the PROJECT area boundaries. Field work will be conducted by two (3) CONSULTANT
environmental scientists over the course ofno more than one (1) day. GPS coordinates will be
taken in the field to identify the general boundaries of any environmentally sensitive areas
identified during the reconnaissance level field investigation. Field findings will also be
documented in the TM.
The CONSULTANT will also identify the necessary environmental documentation materials, if
any, that are needed to develop and meet the requirements of the State Environmental Policy
Act /5EPAj and the National Environmental Policy Act (NEPA). No actual permit orregulatory
documentation (including NEPA and SEPA documentation) will be developed under this task.
Information gathered under this task will also be included in the TM.
South Boeing Access Road over Airport Way Seismic Retrofit
12
Task 4.3 Pre-Application Meeting and Coordination with Tukwila
Prior to finalizing the review draft of the TIVI, the CONSULTANT will arrange and attend a pre-
application nneedng, ifneeded, miththeCityofTukxv|aOfGceofDep$rtnnentof[bnnnnunity
Development. The purpose of the meeting is to present the PROJECT and clarify the CITY's land
use permitting requirements prior to finalizing the TK8. The meeting will bg attended by one (I)
CONSULTANT senior biologist.
Task 4.4 SEPA/NEPA Documentation
The PROJECT is expected to qualify as Categorical Exclusion (CE) under NEPA and an exemption
from SEPA under WAC 197-11-800. For this task, the CONSULTANT will complete the NEPA CE
Form and coordinate with the City and WSDOT staff for review and approval signatures on the
form.The CONSULTANT will also complete the SEPA Checklist and submit the checklist to the
CITY for review by CITY staff along with'the appropriate land useapp|ication(s). Land use
applications that will be required from the CITY for the PROJECT will be based on discussions in
the pre-application meeting.
Assumptions:
* Field work will be limited to CITY owned property and/or right-of-entry will have
been approved by'the CITY prior to initiating any field work.
* The CONSULTANT will be responsible for completing and submitting CITY permit
applications for all land use development permits or approvals that are required for
the PROJECT.
* CITY staff will be responsible for and obtaining CITY permits and reviews related to
land use development applications including administrative review, grading, site
plan review, right-of-way use and other related permits as required.
w A SEPA exemption (under WAC 197-11-800) is assumed to be the appropriate SEPA
threshold determination.
• Federal funding will require compliance with NEPA. A NEPA CE is assumed to be the
appropriate NEPAdgternninat|on.The NEPA CEDocunnentation Form will be
completed.
* The PROJECT is exempt from Section 106 of the National Historic Preservation Act
according to Appendix J, Exhibit B of the October 2018 version of the WSDOT CE
Guidebook (A-6). An independent Cultural Resource Survey will not be needed due
to the exemption.
• Endangered Species Act compliance will be demonstrated as "no effect" through use
of the VVSDOTNEPACE form. An independent Biological Assessment will not be
needed due to absence of listed species |n0r around the project area.
South Boeing Access Road over Airport Way Seismic Retrofit
13
w Envronnnenta|]usticemiUbedennonstnatedas °nohnpocttoprotectedpopu|ations"
through use of the WSDOT CE form. Basic community demographic data will be
compiled to demonstrate no protected populations in the project area and a full
environmental justice evaluation of the project will not berequired.
* No additional federal or state permits or approvals will be required for the PROJECT.
Deliverables:
w Review draft and final Environmental Technical Memoranda in PDF format.
� Review draft and final NEPACE Documentation Forms inPDFformat.
w Review draft and final SEPA Checklists inPDFformat.
Tas ,� onceAt �wes^W�n 'e�voi''
The CONSULTANT will prepare a Concept Design Report (CDR) providing description of the
detailed structural analysis used in the determination of seismic vulnerabilities, and calculated
section capacity/demand ratios for both as-built and post-retrofit conditions ion proposed
p8rts/nmemnbersto be retrofitted identified following as-built condition analyses.) Construction
cost estimate and preliminary retrofit plans will be included in the Concept Design Report as
appendices. A constructability review of the proposed retrofits will be conducted by the
CONSULTANT to inform the selection of the proposed retrofits as well as the construction cost
estimates ofthose retrofits.
Seismic Analysis and CDR Preparation Assumptions:
0 Elastic analyses will be performed as part of this SCOPE during a design seismic
event. This assessment will be partly based on experience and engineering
judgment.
° 2 Structural models (i.e, Spine and 3'D) will be developed based on the as-built
drawings, with visual field verification of elements above ground and accessible
without special equipment. For each model, two conditions of soft for displacement
demand (i.e, liquefied) and rigid for force demand will bestudied.
w Structural models will utilize asingle spinerepresenting the bridge superstructure,
with additional frame elements included to represent crossbeams, columns,and
spread footings. Spread footing foundation springs will bg established inaccordance
with procedure outlined in the FHWA Seismic Retrofitting Manual and BDM.
Abutments and walls may be modeled with frame or shell elements, at the
C[]NSULTAN7sdiscre1ion.
* Per AASHTO Guide Specs, seismic analyses are performed for the design l,OOO-yr
event based on the as-built conditions.
South Boeing Access Road over Airport Way Seismic Retrofit
14
w Foundation analysis will be based on The AA5HTO Guide Specifications for LRFD
Seismic Bridge Design.
* Live load concurrent with seismic demands will not be considered in the analysis.
w In determining seismic responses, effective member stiffness will be determined
based nn the FHVVA Retrofitting Manual guidelines.
� Expected material properties will be used for all elements in the analysis. Nominal
material properties will be used in design or retrofit items only.
* Pushover analysis will be conducted as described in Method D2of the FHVVA
Retrofitting Manual: for the 1,000-yr analysis, concrete strain at plastic hinging will
be limited toO.005.
Task 5,1 As-KnK8^Kt Analysis
The CONSULTANT will perform seismic analysis of the existing structure to determine
potential seismic vulnerabilities. Seismic analyses will include non-linear static 'puShover'
and response spectrum dynamic analysis, as well as section capacity determination on parts
and/or the whole structures using the bridge seismic retrofit design parameters established
in the General Assumptions listed in the SCOPE.
Task 5^2 Post-retrofit Analysis
The CONSULTANT will perform seismic analysis of the existing structures incorporating
proposed schematic retrofits developed for the CDR. The schematic retrofits will be
analyzed and preliminarily sized for the seismic demands. Seismic analyses will include non-
linear static 'pushover' and response spectrum dynamic analysis, as well assection capacity
determination on parts and/or the whole structures using the bridge seismic retrofit design
parameters established in the General Assumptions listed in the SCOPE.
Assumptions:
* Post-retrofit analysis will be performed incorporating the proposed schematic
retrofits'developed for the Draft CDR.
Task 5"3 CKDnstructabiK^ Cost Est^00ate & Construction
Schedule
Cmnutruotabi|ity:The Consultant will review the preliminary retrofit options for practical
and cost-effective construction. A memo will address practicality and risks associated with
construction.
South Boeing Access Road over Airport Way Seismic Retrofit
15
Cost Estimate:The CONSULTANT will prepare a construction cost estimate (engineer's
estimate) based on the 10% Design Plans included in the CDR. Cost estimate will be quantity
based using conceptual level unit pricing referenced from VVSDOTor other sources as
necessary. Cost estimate will include appropriate values for escalation and on estimation of
right-of-way costs (if applicable).
Schedule:The CONSULTANT will prepare a construction schedule based on the 10% Design
Plans included in the CDR. Construction schedule will be developed in MS Project software.
Task 5~4 Prepare Concept �wes^gn �,� epont (CD,x!,,)
The CONSULTANT will prepare and submit a draft CDR providing description of the analysis
and section capacity/demand ratios, pre-and post-retrofit, on proposed parts/members to
be retrofitted. If there are multiple elements for a given structure that require seismic
retrofit, the CONSULTANT will identify a recommended priority for the retrofit of the
various elements. The CDR will include conceptual retrofit strategies, including the concept
details, constructability Memo, and conceptual cost estimates of the proposed retrofit
strategies.
The CONSULTANT will revise the draft report based on written comments on the draft
report received from the CITY and submit a final report for review and approval.
Assumptions:
* Concept Design Report plans and cost estimate will be provided by incorporating the
proposed schematic retrofits developed for the Draft CDR. Inclusion ofadditional
retrofit concepts or major reconfiguration of the retrofit concepts illustrated in the
Draft CDR will be considered "Out-of-Scope" Work and will be negotiated as such,
Deliverables:
w Draft Conceptual Design Report—Vne (1) electronic (PDF)and one /l\ hard copy
w Final Conceptual Design Report- one (1) electronic (PDF) and two (2) hard copies
Task ,._ � �� '
��������� . ~����mU�� s
� _ �
CONSULTANT will provide limited topographic mapping to provide a preliminary base map.
Mapping limits will extend 2OO feet east and west beyond bridge abutments on S. Boeing
Access Rd. over 1-5 and 200 feet north and south along Airport Way S. from the intersection
ofS. Boeing Access Rd.
South Boeing Access Road over Airport Way Seismic Retrofit
16
Task 6,1 Geodetic and Cadastral Survey Control
Horizontal Datum and Coordinate Svstenn—surveyvvorkshoU reference the Washington State
Plane Coordinate System using the NAD83 (2011) datum as established in accordance with
Chapter 58.20 Revised Code of Washington and shall be in US Survey Foot units. The horizontal
control to establish ties to the datum shall be shown on the plans and/or in the surveyor notes.
The Vertical Datum shall reference the North American Vertical Datum of 1988 (NAVD 1988).
The benchmark used to establish ties to the datum shall be shown on the plans and/or in the
surveyor's notes.
Task 6,2 KKtiK^, , Location Service
CONSULTANT will utilize a private utility location service to mark the underground utilities
within the project corhdorpriortosurVeyficddvvorkTheexpemseforthisserviceisinc|udedin
the survey budget estimate as "other direct cost",
Task 6"3 , app.ng
CONSULTANT shall locate and map visible features for engineering design within the mapping
corridor. These features include: mapping will include roads, surface utility features, overhead
power lines, stairs, slopes, geotechnical boring locations, and bridge columns.
m Roadway features, curbs, sidewalks, seams.
m Bottom of soffit of exterior girder of bridge over 1-5, every 7-feet and at piers.
m Surface utilities
m Overhead power lines
m Stairs
m Slopes
m Geotechnica| boring locations
m Bridge columns and abutments, bottom of soffit of exterior girder every 7-feet and at
piers.
m Ground measurements sufficient to generate a digital terrain model (DTM) for 1-foot
contours.
South Boeing Access Road over Airport Way Seismic Retrofit
17
Task 6,4 Right-of-' ',-ay and Prope Lines
CONSULTANT WILL SHOW Rig and property lines in the base mapping and based on
available GISinformation.
Deliverables
~ Civi| SD2Ol6projectbasennapatl"=2[Ysca|ewith1'footcontourinterVals.
Assumptions
� Traffic control safety plans will be developed by others for surveying purposes.
° Property corners will not beset in conjunction with this survey.
° Sub-surface utility marking byothers and invoiced as "other direct costs".
° CONSULTANT will not access any area that is unsafe for any reason.
° CONSULTANT is not responsible for delays caused by others that may delay 1 Alliance
deliverables or delays caused by unsafe conditions.
° Traffic control safety plans will be developed by others for surveying purposes.
° Street use permits for surveying are not included under this scope ofwork.
Tas -1 7 Tra-Ac naU�s^s
Although permanent channelization and/or signalization changes are not anticipated as part
of this project,theCONSU[TANTsha|| prepareaTraff|c Control Plans that will 8otogether
with the construction of the intended retrofit scheme and to ensure that mobility of traffic
is not hindered. The exact limits of the traffic control will be determined jointly between the
CITY and the CONSULTANT but are typically expected to extend to the next adjacent street
intersection or 1/4-mile in each direction along the roadway, whichever is least.
Deliverables:
m Draft Traffic Control Plans- PDF and l bardcopy
w Final Traffic Control Plans' PDF and 1hardcopy
South Boeing Access Road over Airport Way Seismic Retrofit
18
Ta U- la ns, ec^ficat^ ns., a, n s�^nee st^,,-ate
The CONSULTANT will prepare contract plans, specifications and engineer's estimate of
probable construction costs for the seismic retrofit of the 5BAR/AW Bridge,as illustrated inthe
Concept Design Report.
Seismic �etrofit Contract Plans
CONSULTANT will advance design of the recommended retrofit presented in the CDR and
prepare contract plans of those solutions for Project advertisement. The CONSULTANT will
prepare 60%, 90%, and final contract plans for CITY review, comment, approval and
advertisement. CONSULTANT will maintain design documentation including design
calculations. CONSULTANT will develop the following:
PS&EAssumed | PS8'E Submittal Phase
. '
Sheet Name Number of
6096 90�� lOOy6
Sheets
[overSheet l X X X
Index Legend and Abbreviations l | X X X
/
General Notes 1 X % X
Site Prep and TESC l X X X
Construction Staging 1 X X X
Grading and Slope Protection (Aa' Z
X X X
desired) �
Traffic Control& Detour(MOT) 4 X X X
Bridge Plan & Elevation-Retrofit I
X X X
Locations
�
General Structural Notes l | X X X
Bridge Construction Sequencing I X X X
West Abutment Retrofit and Details I X X X
Pier lRetrofit Elevation l X X %
|
Pier Retrofit' Elevation 1 / X X X
Pier 3 Retrofit' Elevation l X X X
Pier 1, Z' and 3 Retrofit Details 2 X X X
East Abutment Retrofit& Details 2 X X X
|
East and West Abutment Bearing Z
% X X
Replacement /
Superstructure Z ' X X X
' �-
Misc. Bridge Repairs l X X X
Seismic Retrofit Specifications
The CONSULTANT will use the CITY of Tukwila Standard Specifications 2017Npreparing the
Project's specifications and Project Manual.The CONSULTANT will modify the standard
specifications by preparing contract special provisions. In addition, the CONSULTANT will
South Boeing Access Road over Airport Way Seismic Retrofit
19
prepare Special Provisions for contract specific requirements when the standard specifications
do not cover a certain work element.
For the 60%submittal and all subsequent submittals, the CONSULTANT will submit a complete
Project Specifications Manual including Divisions 0-9 with a bid form, special provisions and
general special provisions that apply to the Project. The CONSULTANT will stamp the second
page Vf the Project SpecificationsKAanuo|`
Assumptions:
* City will supply a "boilerplate" version of the project specifications manual which will
include a cover page, advertisement, signature page, a table of contents, Division 0,
standard and general special provisions for Divisions 1 through 9, and standard CITY
Appendix items.
° For the technical special provisions, Divisions 2 through 9 and portions of Division 1
including environmental requirements and maintenance of traffic, City boilerplate
files are provided for the CONSULTANT's use. The CONSULTANT is responsible for
evaluating the applicability of each section to their specific contract. The
CONSULTANT is responsible for the technical special provisions of the contract.
w The final submittal for PROJECT advertisement will reflect the most recent version of
City's boilerplate which may change at any point during design development.
Seismic Retrofit Engineer's Estimate
The CONSULTANT will prepare an engineer's estimate for the PROJECT at the 60%, 90%, final
design and bid ready levels ofcompletion. The estimates will be prepared using documented
unit costs, lump-sum prices, and from Consultant's'experience on similar projects. The
CONSULTANT will submit unit price documentation for nonstandard work items and review and
modify, as needed, the appropriateness of the unit costs, lump-sum prices, and other cost data
that the CONSULTANT uses. After the 90% design is completed, the Consultant will conduct a
bottom-up independent cost estimate in addition to the unit price cost estimate.This estimate
is intended to provide additional cost certainty before construction contract advertisement.
PROJECT cost estimates will include appropriate contingency factors to account for PROJECT
uncertainties that cannot be accounted for at the PROJECT's various engineering stages.
In providing opinions of cost, and schedules for the PROJECT, the CONSULTANT will have no
control over cost or price of labor and materials; unknown or latent conditions ofexisting
equipment or structures that might affect operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance by operating personnel or
third parties; and other economic and operational factors that might materially affect the
South Boeing Access Road over Airport Way Seismic Retrofit
20
ultimate PROJECT cost or schedule.The CONSULTANT, therefore, will not warranty that the
actual PROJECT costs, financial aspects, economic feasibility,.or schedules will not vary from
CONSULTANT' opinions, analyses, projections, or estimates.
Assumptions:
* Engineer's estimate will be prepared using the CONSULTANTS standard estimating
spreadsheet.
* All Seismic Retrofit 'itenns' will be prepared as lump sum items with a lump sum
breakdown provided.
Deliverables:
w One (1) electronic copy of the engineer's estimate at the 60%, 90%, final review
submittals and the bid submittal.
w Independent bottom up cost estimate at9D96design.
Task 8,1 60% m%ubm'0taU
The 6DV6 submittal will include two (2) half-size plans, project manuals, and cost estimates. Up
to two (2) copies of the GO%construction schedule will beprovided. Electronic copies ofall
files will beprovided in PDFfOrrnat. An electronic copy of the Project Specifications Manual will
be provided in Word format. Hard-copy sheets will match the electronic files that are
submitted. The cost estimate will be formatted to reflect the bid item breakdown.
Deliverables:
* Two (2) bardcopiesof half size plans.
° Two (2) hardcopiesof the Project Specifications Manual. An electronic copy ofthe
Project Specifications Manual in PDF format. An electronic copy of the Project
Specifications Manual in Word format (no Appendix).
* Two(2) hacdcopiesof the cost estimate. An electronic copy of the cost estimate in
Excel and PDFformats.
� An electronic copy of the construction schedule in PDFfornnat.
South Boeing Access Road over Airport Way Seismic Retrofit
21
Task 8"2 90% Submittal
The 9OY6 submittal will include two /Ji half-size p|ansandp jectnnonuobanduptotvvo (7)
construction schedules and estimates. Electronic copies0f the plans, cost estimate,
construction schedule and responses to 60% comments response will also be provided. Hard-
copy sheets will match the electronic files that are submitted. The work will be substantially
complete. Drawings will be completed and checked in accordance with established QC
procedures and will have incorporated or resolved comments made during the 60% design
review and other informal reviews.The cost estimate will be formatted to reflect the bid item
breakdown utilizing CITY cost estimating form.
Deliverables:
* Two (2) hardcopies of half size plans. An electronic copy of the plans in PDF format.
* Two (2) hardcppiesof the Project Specifications Manual. An electronic copy nfthe
Project Specifications Manual inPDFformat. An electronic copy pf the Project
Manual in Word format (no Appendix).
* Two /3\ hardcopies of the cost estimate. An electronic copy of the cost estimate in
PDFfornnat^
* An electronic copy of responses to 60Y6 comments in Excel and PDFformnats.
w An electronic copy of the construction schedule inPQFformat.
Task 8,3 F'nG%U (100%) Submittal
The final submittal will include two (2) half-size plans, two (2) project manuals and responses to
9096 comments. Electronic copies of all files will be provided. Hard-copy sheets will match the
electronic files that are submitted.
The Bid Submittal will include one (I) fu||-size plan set, one (1) half-size plan set printed on
bond paper. Drawings will be stamped and signed by the appropriate CONSULTANT team
professional licensed in the State of Washington. Hard-copy sheets will match the electronic
files. Final drawing check prints (prepared in accordance with established QC procedures)will
be submitted to the CITY.
Deliverables:
° One(1) stamped, signed Project Specifications Manual.
° An electronic copy of the Engineer's Estimate.
° One (I) half size hardcopyof the plans.
South Boeing Access Road over Airport Way Seismic Retrofit
22
Exhibit B
DBE Participation
TranTech Engineering, LLC (Prime) is a certified Underutilized Disadvantaged Business Enterprise(UDBE)#
D2W0025137. UDBE Participation: 60% of total fee.
1 Alliance Geomatics, LLC (Subconsultant) is a certified Underutilized Disadvantaged Business Enterprise
(UDBE) #D4M0022928.UDBE Participation: 15.5% of total fee.
HWA GeoSciences, Inc. (Subconsultant) is a certified Minority and Women-Owned Business (MWBE)
#M5F0024692. DBE Participation: 21% of total fee.
The total UDBE participation is anticipated to be 75.5%.
Agreement Number:
Exhibit B-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1
79
80
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design& Plans Preparation Section
A. Survey Data
Please see Exhibit A-Scope of Work for description of foimat and standards to be used.
B. Roadway Design Files
Please see Exhibit A-Scope of Work for description of format and standards to be used.
C. Computer Aided Drafting Files
Please see Exhibit A-Scope of Work for description of format and standards to be used.
Agreement Number:
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 4
81
D. Specify the Agency's Right to Review Product with the Consultant
E. Specify the Electronic Deliverables to Be Provided to the Agency
F. Specify What Agency Furnished Services and Information Is to Be Provided
Agreement Number:
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 2 of 4
82
II. Any Other Electronic Files to Be Provided
Please see Exhibit A-Scope of Work for electronic deliverables per task.
III. Methods to Electronically Exchange Data
Email, CD, flash drive, FTP site.
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 3 of 4
83
A. Agency Software Suite
B. Electronic Messaging System
Outlook, text
C. File Transfers Format
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 4 of 4
84
Exhibit D
Prime Consultant Cost Computations
Project No.
See attached Exhibits
Agreement Number:
Exhibit D-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1
85
Exhibit o
Prime Consultant Cost Computations
City ofTukwila
South Boeing Access Road over Airport Way Seismic Retrofit
TnmnTech, LLC
Direct
Classification Hrs. x Rate = Cost
1 Project Manager '120 $ 57.50 $O^SOO
2 Construction Manager OO $ 79.00 $5.214
3 Senior Structural Engineer(O/VQC) 84 * 70.08 $5.880
4 Project Structural Engineer 170 $ 55.00 $9.350
5 Senior Structural Engineer 182 * 02.00 $11,284
0 Senior Civil Engineer 114 $ 52.00 $5,928
7 Staff Structural Engineer 1 104 $ 33.00 $3.432
O Senior CAD Technician 136 $ 37.00 $5.032
S Office Engineer 98 % 38.00 $3.724
10 Administrative 36 $ 22.00 *792
11 Staff Structural Engineer 2 180 $ 42.00 $5.728
12 Staff Structural Engineer 2 80 * 45.00 $3.600
Total Hrs. 1360
Salary Cost * 67'856
Salary Escalation Cost(estimated)
Escalation'96of Labor Cost O%per year Ca. 1 year(s) $O
Total Salary Cost $ 67/856
Overhead Coot @ 148.81Y& of Direct Labor $ 100'977
Net Fee @ 3D.OY6of Direct Labor $ 20.357
Total Overhead& Net Fee Cost $ 121,333
Direct Expenses No. Unit Each Cost
Reproduction Costs
Copies 400 pogeo.@ $0.06 /page $ 24.00
Reports 8nepnds @ $15 /neport $ 120.00
Plans 3 oeto@ $20 /ue $ 60.00
Parking O @ '$8 * -
Mei|7De|ioeriee/FedEx 4 @ $24 $ 96.00
Mileage 250 miles @ $0.545 /miie $ 140.61
Subtotal $ 441
TranTech Total $ 189,630
Subcunmu|tonto
- W0DBE M/O8E Hro *Tuta|
Landau Associates, Inc. 77 $ 11.195
HVyAGeaScianceo. Inc. 340 $ 65.495
1AUiance 203 $ 48.783
Total 0.0Y6 0.096 0.0% 620
Suboonmu|tontTnte| n% $ 125,482
Direct Expenses Sub-Total(ino|udinqGubcnnmuDante) $ 125,923
Total Costs $ 315,112
Exhibit D
Prime Consultant Cost Computations
City of Tukwila
South Boeing Access Road over Airport Way Seismic Retrofit
TranTech,LLC 1 2 3 4 5 6 7 8 9 10 11 12
'03 N
C C c C
w w NC
C
m a
N a m
W ,,, W W
m C �° E w
m
C 2 2 _ < c'rn o
T
� :� 2 > 'ti m �
2 2
2 2 55 U 65 (!I C.3 2 U L i �,
Work a� c e a'a c E 65 c c2 ro
i E
Element# Work Element a U cn a` co vo ro co O co c' TT TT %of
direct rates: $57.50 $79.00 570.00 S55.00 552.00 S52.00 $33.00 537.00 538.00 S22.00 S42.00 $45.00
Total. Total> Total Total Total ; Total Total Total° Total, Total Total Total< Total Total. ; Total
hrs. ,"hrs firs i hrs: "hrs hrs hrs hrs hrs hrs. ..hrs : hrs ="..=hrs = $ Hours."-
I
1.0 Project Management
1.1 Project Management Plan 4 4 8 $1,065 0.59%
1.2 Project Kickoff and Coordination 52 8 8 8 8 8 8 8 18 126 $18,898 =.9.33%
1.3 Subconsultant Coordination 16 8 24 $3,413 1.78%.
1.4 Project Monitoring and Reporting 16 8 24 $2,186 1.78%
1.5 Quality Control/Quality Assurance Review 8 6 60 8 8 8 8 106 $18,931 .7.85%O,,
Work Element 1 0 Total 80 14 68 16 ` _16 16 8 - 8 54 8 288 $44,492 21,33%
2,0 Data Collection and Field Verification
2.1 Bridge Data Collection and Field Verification 4 4 4 2 14 $2 102 "1.000
Work Element 2.0 Total :4 4 " >' � ; 4 2 14 52102 '4 04010,
3.0 Geotechnical Engineering and Technical Memo
3.1 Geotechnical Engineering
See HWA Geotechnical Sciences Exhibit
Work Element 3 0 Total
4.0 Environmental
4.1 Kickoff Meeting and Coordination with WSDOT
4.2 Environmental Evaluation,Field Work and Documentation
4.3 Pre-Application Meeting and Coordination with Tukwila
4,4 SEPA/NEPA Documentation
See Landau Associates Exhibit
03
CO Exhibit D
00 Prime Consultant Cost Computations
TranTech,LLC 1 2 3 4 5 6 7 8 9 10 11 12
N N T- N N 15
c c N c N @@
03 C c
C
m W W W 5)) 2 .2 rn P
`m m m a. m fio W c'ci cy W W
c c ti cx 'ti _ c '5 3
as 0 2 2 2 ' ti o 'm w to 5
S co v co ip t3 2 U W t, 2 2
Work °7 c c? = c 'E 5 c0i E
cu us
Element# Work Element a. rj va p,-.. a. co o rn to O 4 Z75 in TT TT %of
I direct rates: S57.50 1379.00'I S70.00 I $55.00 I S62.00 I $52.00 I $33.00 I S37.00I S38.00 I S22.00 I $42.00 I $45.00
Total. Total Total Total Total Total .:Total..Total Total Total Total? :Total. Total .; Total;, "Total
hrs hrs hrs hrs. ;hrs hrs. "hrs .,-;'hrs ..-.hrs hrs<< hrs hrs '. _hrs $ Hours
Work Element 4 0 Total
5.0 Concept Design Report
5.1 As-Built Analysis 12 24 8 8 8 16 76 $10,271 5.63%
5.2 Post-Retrofit Analysis 40 40 24 24 8 80 216 $27,948 16.00%
5.3 Constructability,Cost Estimate and Construction Schedule 12 12 $2,643 " 0.89%
5.4 Prepare Concept Design Report(CDR) 8 16 12 8 8 40 92 $11,532 6.81%
Work Element 5.0 Total . 8 12 16 52 : _-64 -44 32 24 8 136 396 $52,394 29.33%
6.0 Survey Mapping
6.1 Geodetic and Cadastral Survey Control
6.2 Utility Location Service
6.3 Mapping
6.4 Right-of-Way and Property Lines
See 1 Alliance Exhibit
Work Element 6.0 Total
n .
7.0 Traffic Analysis
Traffic Control Plans 60 16 76 $10,349 : 5.63%
P ..
Work Element 7.0 Total 60 16 ; '" 76 $10,349 5 63%;
8.0 Plans,Specifications,and Engineer's Estimate
8.1 60%PS&E Submittal
8.1.1 60%Plans 12 32 32 8 32 32 2 24 174 $22.790 12..89%
8.1.2 60%Specifications 8 8 8 2 8 32 66 $8,487 4.89%.
8.1.3 60%Cost Estimate 16 2
18 $3,736 " 1,33%
8.2 90%PS&E Submittal
8.2.1 90%Plans 8 32 32 8 16 32 2 130 $17,866 9.63%
8.2.2 90%Specifications 8 8 8 2 8 32 66 $8,487 4.89% ,'
Exhibit D
Prime Consultant Cost Computations
TranTech,LLC 1 2 3 4 5 6 7 8 9 10 11 12
ED a) .
c (1) , CI) CDt .F5). .1.5 'En tu .4's .C° (1) CU
CO C gi) t CI Li} LU Lu 6) (2 .,
c C C
ki 4 Ta_ 8 72 'g') 114 -F,,, N U-I 111
a) •c z t 0 LE T.2 I— a i ,-) l
"F2 mi a ts
co. —
o = 2 2 3 .g) .1 "fl. 0
2 .Z 8,,-- 65 65 5 2 c..) u9
CI) -E. TA t 8 (I) 8 ce :E (7) el 5
Work '-.' 5 ':7,—g •;.: .Er (7) i g -E (0 t
Element# Work Element a. o co— o. co u) u) u) 0 Q. (7) w TT TT %of
direct rates: $57.50 S79.00 570.00 555.00 562.00 552.00 S33.00 S37.00 538.00 S22 00 $42.00 $45.00
Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total
his hrs his his his his his his his his hrs hrs his $ Hours
8.2.3 190%Cost Estimate 8 I I I 2 j I 10 $1,974 0.74%
8.3 100%PS&E Submittal
8.3.1 100%Plans 8 16 16 6 16 2 64 $9,234 4.74%
8.3.2 100%Specifications 6 6 2 4 16 34 $4,422 2.52%
8.3.3 100%Cost Estimate 12 2 14 $2,855 1.04%
Work Element 8.0 Total 28 36 102 102 38 48 80 18 20 24 80 576 $70/.851 4217%
PRIME COMPENSATION FOR SUB.COST
EXPENSES,INCLUDING SUBCONSULTANT FEES $125,923
SALARY ESCALATION
PROJECT WORK ELEMENTS TOTALS 120 66 84 170 182 114 104 136 98 36 160 80 1350 $315,112 100.00%
CO
CO
Exhibit D
Prime Consultant Cost Computations
ts t t-te Transportation Building
part a t as ortati*
310 Maple Park Avenue S.E.
$ P.O.Box 47300
Olympia,WA 98504-7300
360-705-7000
1TY:1-800-833-6388
www wsdot.wa.gov
May 22, 2018
TranTech Engineering, LLC
12011 NE 1st Street, Suite 305
Bellevue, WA 98005
Subject: Acceptance FYE 2017 ICR—Audit Office Review
Dear Mr. Kash Nikzad:
Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your
firm's FYE 2017 Indirect Cost Rate (ICR) of 148.81%. This rate will be applicable for
WSDOT Agreements and Local Agency Contracts in Washington only. This rate may
be subject to additional review if considered necessary by WSDOT. Your ICR must be
updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.cLov.
Regards;
Jonson, Erik
May 23 2018 8:37 AM
cosi8n
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:kms
Exhibit B
Acceptance ICR Audit Office Review
90
Exhibit D
Prime Consultant Cost
Actuals Not To Exceed Table (ANTE) Computations
WSDOT Agreement:
TranTech Engineering, LLC
365 118th Ave. SE Suite 100
Bellevue, WA 98005
': Direct '-'-'77-4. Overhead 4, I Fixed Fee , An Inclusive
,
Job Classifications .'1'- Labor Rate ,z NTE* NTE .;. ' Hourly Biling
4-
•::,- NTE* -- 148.81% 4 I 30.00% Rate NTE
Administrative 1 E ' $20.00 ';v4..E $29.76;` s $6.00;, s $55.76
Administrative 2 ;; ' $30.00 IE $44.64; . $9,00 e, $83.64
Administrative 3 ;
Is . $40.00 a $59.52;I' , $12.00; $111.52
Office Assistant $20.00 El $29.76; $6,00;; fl $55.76
‘; s
$66.96 ';
Office Engineer ; , $45 00 ---; $13.50;', $125.46
s" -
Senior CAD Technician ; $42.00 '-; $62.50; $12.60; $117.10
In I
Staff Structural Engineer 1 ;;* s $42.00;LE
$45.00 ,LE-1.1 $62.50; $12.60; $117.10
. --
LE
Staff Structural Engineer 2 $66.96;L' $13.50; $125.46
'
Project Structural Engineer El' $60.00 „E $89.29;, $18.00; $167.29
Senior Structural Engineer °: 2-
$70.00 41
$104.17;
$21.00 s' $195.17
s
Project Manager $65.00 s V $96.73;; $19.50 I, $181.23
Construction Inspector s, .. $45.00;°°& $66,96; $13.50 $125.46
; t
Construction Senior Inspector ; - $60 00 s - $89.29; $18.00 Is $167.29
,s'
Construction Manager $79 00 ,;st- $117.56; $23.70; $220.26
"E.
Resident Engineer ;I $79.00 I 2": $117.56; $23.70 , $220.26
s.
Principal ; $89.00 ELL $132.44;s $26.70? $248.14
r...
Engineer $35 00
$52.08; - $10.50;
$97.58
Marine Engineer $70.00;IIE $104.17; - $21.00 Is $195.17
Staff Civil Engineer ; $40.00;Es-Ls $59.52; - $12.00; $111.52
1E ;
Project Civil Engineer $50.00 r $74.41; - $15.00's ; $139.41
Senior Civil Engineer . $60.00 s E.- $89.29 I; : $18.00; $167.29
Specialty Technician s;„; $45.00 ;E $66.96; 7 $13.50 I; $125,46
Es lee $o ,00,,
. o.00 4 $0.00
4,, -
91
92
Exhibit E
Subconsultant Cost Computations
Project No.
See attached Exhibits
Agreement Number:
Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1
93
Exhibit
GubcnnsuV mCostcompmotion
City of Tukwila
South Boeing Access Road over Airport Way Seismic Retrofit
HWA GeoScimnoem' Inc'
Direct
Classification Hrs. x Rate = Coat
1 Administrative Support 2 % 23.00 $40
2 CAD 15 * 38.00 $570
3 Contracts Administrator 2 $ 34.00 $68
7 Geologist IV 0 $ 38.50 $219
8 Geologist 14 $ 40.00 $560
0 Geo|bgiotV}| O $ 64.00 $O
10 Qeotechvica| Engineer| 155 $ 34/51 $5.365
11 Geoteohn|ca| Engineer U O $ 30.00 $0
12 Gemh:ohn|ca| Engineer|V 103 $ 46.00 $4.738
13 Goutnchnioa| Engineer V| 36 $ 63.00 $2.268
14 Hydmgou|ogio1VI 0 $ 40.00 $O
15 Lab/Field Technician | Q $ 21.00 $O
16 Lab/Field Technician U O $ 28.00 $O
17 Lab/Field Technician |U O $ 35.00 $0
18 Principal IX 7 $ 84.62 $582
19 Phnnipo/V||| U $ 76.00 $O
20 O $0
Tota| Hro. 340
Salary Cost $ 14.426
Salary Escalation Cost(paGmated)
Escalation'Y6of Labor Cost 3% per year @ 1 year(s) $433
Total Salary Coat $ 14.859
Overhead Cost @ 184.4796pf Direct Labor $ 28,896
Net Fen @ 30.0% of Direct Labor $ 4,458
Total Overhead& Net Fee Cost $ 33.353
Direct Expenses No. Unit Each Coot
Reproduction Costs
Copies O pageo@ $0.06 /poge $ '
Reports 2 repnrts@ $15 keport $ 30.00
Plans O sato@ *2 /nel * '
Parking 2 @ $8 $ 16.00
yWoi|/DeUvehoo/FodEx 2 @0 $20 $ 40.00
Drilling Subcontractor 1 @ $12.000 $12.000J00
Traffic Control`SiynogoRental 1 @ $300 $ 300.00
Field Expenses (Sample Bags, Cold 1 @ $150 $ 150.00
Lab Testing 1 @ $4.500 $ 4,500.00
Mileage 450 miles @ $0.545 /m||o * 245.25
Subtotal $ 17.281
HWAGeoSciences' Inc. Total $ 65.493
Exhibit E
Subconsultant Cost Computations
City of Tukwila
South Boeing Access Road over Airport Way Seismic Retrofit
HWA GeoSciences,Inc. 1 2 3 7 8 ID 12 13 16
>_ > cr a
.0 a — 5 c
w ai w
a@'. c w a
C W W W a 5
d 7' > 0 `3 g X m ul
R N u ♦+ _ C C m
O o @ @ @ n 49 C9
Work g0 C O O O O O C
Element# Work Element d U U ( C9 t2 0 0 a = _ %of
direct rates; $23.00 S36,00 S34.GO 636.50 340.00 534.61 640.00 $63.00 SO4 52
Total Total Total Total Total,:Total Total -Total Total 'Total- Total Total
his -hra= 'his ors His his hrvs ors ` hrs errs $ Hours
1 I I 1 I I I I I
3.0 Geotechnical Engineering and Technical Memo
3.1 Geotechnical Engineering
3.1.1 Project Setup 2 6 2 10. 51 271 2.94%
3.1.2 Attend Project Kickoff Meeting 4 4 8. S1 070 2.35%
3.1.3 Collect and Review Available Geotechnical Data 5 1 6 5736 1.76%
3.1.4 Plan Field Exploration Program 4 2 6 5772 1.76%
3.1.5 Generate Geotechnical Exploration Work Plan Memo 2 6 2 10 51,260 2.94%.
3.1.6 Conduct Utility Locates and Slope Reconnaissance 10 6 16 52.085 4.71%
3.1.7 Conduct Geotechnical Borings 30 2 32 53,800 9.41%
3.1.8 Generate Boring Logs and Assign Lab Testing 2 6 2 "10 $i 273 2:94%
3.1.9 Evaluate Field and Laboratory Data 4 6 10 Si 234 2.94%
3.1.10 Develop Geologic Profile 5 2 4 2 13 51,677 3.82%
3.1.11 Generate Seismic Design Parameters 4 2 6 S883 -1.76%
3.1.12 Evaluate Geologic Hazards 16 4 2 22 52 894 6.47%
3.1.13 Evaluate Potential for Liquefaction 8 2 2 12 $1 655 3.53%
3.1.14 Evaluate Abutment Earth Pressures 4 5 2 1 12 Si 607 3.53%
3.1.15 Perform Geotechnical Foundation Resistance Assessment 20 8 4 1 33 54.669 9.71%"
3.1.16 Project Coordination Meetings 4 4 8 $1079 2.35%
3.1.17 HWA Geotechnical CIA/QC 4 8 4 16 53 319 4.71%
3.1.18 Prepare Draft Geotechnical Engineering Memo 1 4 2 12 8 _ 4 2 33 $4 872 9.71%
3.1.19 Respond to City of Tukwila and Design Team Comments 4 4 8 51.448 2.35%
3.1.20 Miscellaneous Geotechnical Analysis 5 10 5 20 53.159 5.88%
3.1.21 Finalize Geotechnical report 1 6 8 4 19 52.839 5.69%
3.1.22 Geotechnical Task Management 30 30 54 602 "8.62%
Work Element 3.0 Total 2 15 2 6 14 -`155. 103 36. 7'' 340^ 848,212 100.00%
EXPENSES $17,281
SALARY ESCALATION
PROJECT WORK ELEMENTS TOTALS 2 15 2 6 14 155 103 36 ' 7 340 $65,493 100.00%
95
Exhibit E
Subconsultant Cost Computations
as in.t.n tate Transportation Building
* a t of ans ation 310 Maple Park Avenue
. . P.O.Box 47300
Olympia,WA 98504-7300
360-705-7000
TTY:1-800-833-6388
www.wsdot wa.gov
June 5, 2018
HWA GeoSciences, Inc.
21312 30 th Drive SE, Suite 110
Bothell,WA 98021
Subject: Acceptance FYE 2017 ICR—CPA Report
Dear Vasiliy Babko:
We have accepted your firms FYE 2017 Indirect Cost Rate (ICR) of 194.47% (rate
includes 0.35% Facilities Capital Cost of Money) based on the "Independent CPA
Report," prepared by T. Wayne Owens & Associates. This rate will be applicable for
WSDOT Agreements and Local Agency Contracts in Washington only. This rate may
be subject to additional review if considered necessary by WSDOT. Your ICR must be
updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at(360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
Jonson,Erik
Jun 6 2018 3:24 PM
cosign
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:rck
Acceptance ICR CPA Report
96
Exhibit e
auuconsuuam Cost Computations
HWA GEOSCIENCES INC.
ZOl8NTE HOURLY RATES BYCATEGORY
0TE
TITLE HOURLY Overhead Fixed Fee Billing
RATE 1.9447 30.0096 Rate
Administrative Support $23.00 $44.73 $6.90 $74.64
CAD $38.00 $73.90 $11.40 $123.31
Contracts Administrator $34.00 $66.12 $10.20 $110.33
Geologist $25.00 $48.62 $7.50 $81.13
Geologist || $20.75 $55.91 $8.63 $93.30
Geologist ||| $33`00 $64.18 $9.90 $107.09
Geologist IV $36.50 $70.98 $10.85 $118.44
Geologist $40.00 $77.79 $12.00 $129.80
Geo|ogistV|| $64.00 $124.46 $I9.30 $207.67
Geotechnica| Engineer | $34.61 $67.31 $10^38 $112.31
Geotechpica| Engineer || $36.00 $70.0I $10.80 $116.82
Geotechnica| Engineer|y $46.00 $89.46 $I3.80 $149,27
Geotechnica| Engineer V| $63.00 $122.53 $18.90 $204.43
Hydrogeo|ogistV| $40.00 $77.79 $12.00 $I29.80
Lab/Field Technician | $2I.50 $41.81 $6.45 $69.77
Lab/Field Technician || $28.00 $54.46 $8.40 $90.86
Lab/Field Technician ||| $35.00 $68.06 $10.50 $118.57
Principal IX $84.62 * $164.56 $25.38 $274.58
Principa|V||| $76.00 $147,80 $22.80 $246.61
Exhibit E
Subconsultant Cost Computations
City of Tukwila
South Boeing Access Road over Airport Way Seismic Retrofit
Landau Associates, Inc.
Direct
Classification Hrs. x Rate = Cost
1 Senior Associate 34 $ 53.70 $1,826
2 Senior Associate 3 $ 54.33 $163
3 Project 24 $ 29.81 $715
4 Project Coordinator 4 $ 26.50 $106
5 Project Coordinator 4 $ 30.76 $123
6 CAD/GIS Technician 8 $ 30.00 $240
20 0 $0
Total Hrs. 77
Salary Cost $ 3,173
Salary Escalation Cost(estimated)
Escalation-% of Labor Cost 3% per year @ 1 year(s) $95
Total Salary Cost $ 3,268
Overhead Cost @ _ 212.53% of Direct Labor $ 6,946
Net Fee @ 30.0% of Direct Labor $ 981
Total Overhead& Net Fee Cost $ 7,927
Direct Expenses No. Unit Each Cost
Reproduction Costs
Plans sets @ $20 /set $ -
Mail/Deliveries/Fed Ex @ $20 $ -
Subtotal $ -
Landau Associates, Inc. Total $ 11,195
98
Exhibit E
Subconsultant Cost Computations
City of Tukwila
South Boeing Access Road over Airport Way Seismic Retrofit
Landau Associates,Inc. 1 2 3 4 5 6
c c
c
v_
O LO a a)
4.4ar is m
is I
U U 'E
N N o F N N o to Q QO U3 G1 C0 I 9
Work E S a o c c
Element# Work Element co re a a o_ O %;of
direct rates: 553.70 S54,33 S29,81 526.50 530.76 330.00
Total `Total Total Total Total ,Total Total.; Total Total:.
his his=. hrs his his ' his lira _ $ Hours
4.00 Environmental
4.1 Kick-Off Meeting and Coordination with WSDOT 8 8 $1,505 10.39%
4.2 Environmental Evaluation,Field Work and Documentation 2 16 8 26 $2,934 33.77%
4.3 Pre-Application Meeting and Coordination with Tukwila 8 8 $1,505 10.39%
4.4 SEPA/NEPA Documentation 16 3 8 4 4 35 $5,251 45.45%
Total Task.4 34 3 24, 4 4 8 77 511095 100.00%
EXPENSES
SALARY ESCALATION
PROJECT WORK ELEMENTS TOTALS 34 3 24 4 4 8 77 $11,195 100.00%
99
Exhibit E
Subconsultant Cost Computations
as in.ton tate Transportation Building
310 Maple Park
- •a ent of Trans. . ion Avenue SE.P.O.Box 47300
Olympia,WA 98504-7300
360-705-7000
TTY:1-800-833-6388
www.wsdot.wa.goy
November 13, 2017
Landau Associates, Inc.
130- 2nd Avenue South
Edmonds,WA 98020
Subject: Acceptance FYE 2017 ICR—CPA Report
Dear Mr. Dennis Hobbs:
We have accepted your firms FYE 2017 Indirect Cost Rate (ICR) of 212.53% based on
the "Independent CPA Report," prepared by T. Wayne Owens, CPA. This rate will be
applicable for WSDOT Agreements and Local Agency Contracts in Washington only.
This rate may be subject to additional review if considered necessary by WSDOT.Your
ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at(360) 705-7019 or via email
cons ultantrates @ wsdot.wa.goy.
Regards;
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:ICMS
Acceptance ICR CPA Report
1 00
Exhibit
Subconsultant Cost Computations
Landau Associates Labor Breakdown
2018 Min/Max Table
Salaries asmf July O1.oV1n
Direct Labor Indirect Cost Professional Fee All Inclusive Hourly
Job Classification Rote Range (OH212's3%) (s»%) Billing Rate
Lower Upper Lower Upper Lower Upper Lower Upper
Principal $82.50 $84.02 $132.05 $179.84 $18.75 $25.39 $214.00 $289.85
Senior Associate *48.52 $02.50 *105.24 $132-83 $14.80 $1875 $169.62 $214.08
Associate $44.23 $50.90 $94,00 $108.31 $1327 $15.29 m151.50 $17*.55
Senior $37�50 *50.00 $78.70 $10627 $1125 $15.00 $128.45 $171.27
Senior Project $32.21 $38.90 $68.46 $84.80 $9`08 $11.87 $110.33 $150.07
Project $28.00 $30.08 $59.51 $70.64 *8`40 $10.82 o95.91 $123.52
Senior Staff/CAD Designer $26.20 *37.50 $55.08 $79.70 s7.86 $1125 $0874 $128.45
Staff/Senior Technician || $22.60 $35.24 $48,03 $74.90 $678 $10.57 $77.41 m120.71
Data Specialist $32.50 $32.50 $68.07 $09.07 $9.75 $8.75 $111.32 $111.32
CAD/G|OTechnician $30.00 $56.06 $63.76 $76.04 $8.00 *10.82 $102.76 $123.52
Project Coordinator $26.39 $32,50 *56.09 $69.07 $7.82 $9.75 $90.39 m111.32
Assistant/Senior Technician! $20.00 $20.00 $42.51 $4251 $ODO $6.00 *88.51 *08.51
Support Staff *20,50 *24.79 $43.57 $52.69 $6.15 $7.44 $70.22 $84.91
Exhibit E
Subconsultant Cost Computations
City of Tukwila
South Boeing Access Road over Airport Way Seismic Retrofit
1 Alliance
Direct
Classification Hrs. x Rate = Cost
1 Admin 0 $ 27.00 $0
2 Principal Surveyor 5 $ 84.00 $420
3 Sr. Project Manager 22 $ 54.00 $1,188
4 Project Manager 0 $ 52.00 $0
5 Assistant Project Manager 4 $ 31.00 $124
6 Tech 1 40 $ 24.00 $960
7 Tech 2 0 $ 27.00 $0
8 Tech 3 40 $ 32.00 $1,280
9 Tech 4 0 $ 36.00 $0
10 Tech 5 40 $ 41.00 $1,640
11 Controller 0 $ 44.00 $0
12 COO 0 $ 73.00 $0
13 Survey Tech 52 $ 41.29 $2,147
Total Hrs. 203
Salary Cost $ 7,759
Salary Escalation Cost(estimated)
Escalation-%of Labor Cost 0% per year @ 0 year(s) $0
Total Salary Cost $ 7,759
Overhead Cost @ 157.56% of Direct Labor $ 12,225
Net Fee @ 29.0% of Direct Labor $ 2,250
Total Overhead &Net Fee Cost $ 14,475
Direct Expenses No. Unit Each Cost
Reproduction Costs
Copies 0 pages @ $0.06 /page $ -
Reports 0 . reports @ $15 /report $ -
Plans 0 sets @ $2 /set $ -
Parking 0 @ $8 $ -
Mail/Deliveries/Fed Ex 0 @ $20 $ -
Mileage 200 miles @ $0.545 /mile $ 109.00
Utility Location Service 1 $2,000 $ 2,000.00
Scanner Rental 1 2-day rental @ $3,200.00 $ 3,200.00
Traffic Control 5 days @ $4,250.00 $21,250.00
Subtotal $ 26,559
1 Alliance Total $ 48,793
102
Exhibit E
Subconsultant Cost Computations
City of Tukwila
South Boeing Access Road over Airport Way Seismic Retrofit
1 Alliance 2 3 s 6 8 10 13
m
m
6, -
c
rn
a
m ~ c c
0. 2 s2e- t')
Work c a- 'm 5 5
Element# Work Element tu
pc . r I-- CO r %of
direct rates: $04 00 S54,00 S31.00 S24.00 S32.00 $41.00 $41.29
Total" Total Total. Total Total __Total: Total Total Total Total
hrs hrs hrs_ hrs ti_ :hra Mrs,_ `brs�. :hrs.- Hours
6.00 Survey Mapping
6.1 Geodetic and Cadastral Survey Control
6.2 Utility Location Service 4 1 8 8 8 4 33 53 405
6.3 Mapping
6.4 Right-of-Way and Property Lines 4 16 2 32 32 32 40 158 S17,244
Work Element6.0 Total 5 ; ,22 "4 40,.. 40 40 52 203 :$22,234 100.00%
EXPENSES S26 559
SALARY ESCALATION
PROJECT WORK ELEMENTS TOTALS 5 22 4 40 40 40 52 203 548,793 50.00%
103
Exhibit E
Subconsultant Cost Computations
as in ton tate Transportation Building
a t of ans station
310 Maple Park Avenue S.E.
- P.O.Box 47300
Olympia,WA 98504-7300
360-705-7000
TTY:1-800-833-6368
www.wsdot.vva.gov
October 15, 2018
WSP USA Inc.
999 Third Avenue, Suite 3200
Seattle, WA 98104
Subject: Acceptance Sub-Consultant's Annual ANTE Rate Table
1 Alliance Geomatics
Dear Ms. Patty Chapman:
Washington State Department of Transportation (WSDOT) has reviewed and accepted
your sub-consultant's proposed Annual ANTE rate table for Agreement Number Y-
11918 effective July 1, 2018. This acceptance is in accordance with the terms of your
agreement with WSDOT.
This Annual ANTE rate table may be subject to additional review if considered
necessary by WSDOT.
If you have any questions, feel free to contact our office at(360) 705-7019 or via email
consultantratesAwsdot.wa.gov.
Regards,
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:rck
Enclosure: Sub-Consultant's Accepted Annual ANTE Rate Table
Cc: Roscoe Ames
Accepted Sub-Consultant's Annual ANTE Rate Table
104
Exhibit E
Subconsultant Cost Computations
Actuals Not To Exceed Table (ANTE)
..x,`•f '1Sl tti,e',4 } .1 "4 ,:. f 1 4i J l ...x,:t.,t.;.Y�?: ;�„}:.". 1 s :"ynr. �.. ,5;1:<} U. S. ,3 }4i�;};Y,' tl 'i},'} i ..j�'$'v31 Ft`;5�:�`^'.3 tot i l.� :� '. :3
A la ce,, 'ieomaticsISurve ter.Ma In }tk t 4 tg
1 C.t �U {4. fi "tR .[ .'.v t 1 iJ :'G, `i.. ', .1 },,.. .d:t ."{ ;�
l,ds k 3 1 t'�'{Y: 3"! Y:$ Y'? '.„ It ..l5„ d t."} ". .ti{;r>>\'.t 1S .} .} i } .4,."$,h .Y'm„t,}3t }{ tl ,3 4 :.$
iD:` 3 l °: Y § } y } lK :Y y M i y .!'".0 t}{y 4 . ��, X'.4 lh 4$' tl k..3 k Sb t: opimA '1 4 ::/ fq S:,",q
-t .A Xt.,,'4, :, ,M,, Y S 4 t:' f, 4 dgq i s.. a4 I t ;t.., Y 4,, ! Z'?4 t i 5 7 4F1,,k y } 9:
i k t5t}YUow 4 St 27 t } Y t 4eY ''t: y( 3 }.2; ,,, afi t,Y 4tl{ } , hk kA. 12 „t 4 y:t
t i 1'} t S4 '.4z t , t 1461A ,. Ot�l AVe N E.. 4 is:` C S 4 t. a 't if t\ <'.{t
..t a'1l, a}', 1" y a y ,:x a ;:{ t 1 1. t{{, Y i t4 l t t z§ y., �`"'t Jatt to ; 1 1 1. r s i:..
�'y ( }�'I1yy {ry(} t k k
,+y A4,12 l�§ { ? t 4, t t „, Bellevue,t:WAis 8o0s ":l i s } ai k 4 Y 411 i a: a it t� t.
}t} t.i i' ` } Js t t ; ttt }43 u 4 o .t t 4 Y fYs y .:
xt 3 a Yt t is �'� 4 't t 'a'iS t }iia t .:t 1 :it ,W l..Y 8 t�' &< a 1 3'. �4, s )i a} n 1 Y.>£ Z<v.?. 7 :1't.
s. v ' :; 0 le .tt t )t 1:,. t z tt :t: :l.' .� "'�'' `Y}tr' i ,•�?k 3" + ,A �._ ,s,. ,sY. (�yy {p� ,ltv, ?l x 1 v 3,k�i a. ,3„
•,.,,,,, cc r:, ,� .t &�y =;a,t b4 .t 7 Q :.`T� 21 k \J, a to t' t :`Y's k zt `�'s`�:*a-.t,4sn.?^ ,1 ,`4ti' �.ttY
tea. �, tt r,n. .,::,,.. .., ,t..... ... . . . ..<c. .,:. :,1, :, .u..:,., r ,.,,.<.,,;.,Ul.:,>,:} ..a .�a,: ,a., : , ..:. ,',,....,.n .,,,.}t � ., ,t.h.,�,.r.z. .. ,,.;..
Direct Overhead Fixed Fee All Inclusive
Job Classifications Labor Rate NTE* Hourly Biling
NTE
NTE* 157.56% �, 29.00% Rate NTE
At $77.37° $7.83s
Admin $27 00 i , $42.54 x °;w
Principal Surveyor $84 00 $132.35 $24.36a" $240.71
$54 00
Sr. Project Manager $85.08 $15.66 a $154.74
.:
Project Manager $52 00 $81.93 $15.08 ` $149.01
Assistant Project Manager µ: $31.00 $48.84 $8.99 $88.83
Tech 1 °°` $24 00 "" $37.81 $6.96 ' $68.77
Tech 2 ,
$27 00 I. ° $42.54 $7.83 $77.37
Tech 3 $32 00 $50.42w $9.28 $91.70
Tech 4 ; $36.00 °" $56.72 t $10.44 $103.16
Tech 5 � $41 QQ $64.60 $11.89 ... $117.49
Controller $44 QQ : , $69.33 ' R $12.76 °M , $126.09
t„
C00 � $73.00 $115.02
$21.17dM $209.19
Survey Tech $41 29 $65.06b ,, $11.97 $118.32
WSDOT Agreement Y-11918
Exhibit E
105
106
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:
Exhibit F-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1
107
108
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of City of Tukwila
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
Page 1 of 1
109
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
TranTech Engineering, LLC
whose address is
2646 RW Johnson Blvd., SW, Suite 112, Tumwater, WA 98512
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the Washington State Department of Transportaion
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
TranTech Engineering, LLC
Consultant(Firm Name)
Signature(Authorized Official of Consultant) Date
Agreement Number:
Page 1 of 1
110
Exhibit G-1(b) Certification of Agency
I hereby certify that I am the:
El
I] Other
of the City of Tukwila , and the City of Tukwila
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay,to any firm,person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
Agreement Number:
Page 1 of 1
111
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph(1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application I proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
TranTech Engineering, LLC
Consultant(Firm Name)
Signature(Authorized Official of Consultant) Date
Agreement Number:
Page 1 of 1
112
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.
TranTech Engineering, LLC
Consultant(Firm Name)
Signature(Authorized Official of Consultant) Date
Agreement Number:
Page 1 of 1
113
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 SBAR over Airport Way Seismic Retrofit * are accurate, complete, and current
as of 11/15/2018
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: Trantech Engineering, LLC
Senior Engineer
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:
Page 1 of 1
114
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of$
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number:
Exhibit H-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1
115
116
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5.
Agreement Number:
Exhibit I-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 2
117
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:
Exhibit -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 2 of 2
118
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:
Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 2
119
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. Infouii the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 2 of 2
120
City of Tukwila
4° City Council Transportation & Infrastructure Committee
90
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Meeting Minutes
November26,2018-5:30 p.m. -Hazelnut Conference Room, City Hall
Councilmembers:Thomas McLeod, Chair, De'Sean Quinn, Zak Idan
Staff: David Cline, Hari Ponnekanti, Cyndy Knighton, Scott Bates, Steve Carstens,
Gail Labanara, Ryan Larson, Laurel Humphrey
Guests: John Davies, KPG, Inc.;Abdirisak Ahmed,Abu Bakr Islamic Center
CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Consultant Agreement: Boeing Access Road Bridge over Airport Way Seismic Retrofit
Staff is seeking Council approval of an agreement with TranTech Engineering, LLC, in the
amount of$315,112.00 for design of the Boeing Access Road Bridge over Airport Way Seismic
Retrofit Project. TranTech was the highest rated of three firms that were interviewed.
Construction costs will be fully grant funded if completed by December 2020 and once
complete,the entire Boeing Access Road corridor will be seismically resistant. UNANIMOUS
APPROVAL. FORWARD TO DECEMBER 3,2018 REGULAR CONSENT AGENDA.
B. Grant Acceptance: Surface Water Fund- East Marginal Way South Stormwater Outfalls
Staff is seeking Council approval to accept $1,106,205.00 in grant funding from the
Washington State Department of Ecology for the East Marginal Way South Stormwater
Outfalls project.The project will improve water quality in the Duwamish River by installing
drainage connections from East Marginal Way South to the river. UNANIMOUS
APPROVAL. FORWARD TO DECEMBER 3,2018 REGULAR CONSENT AGENDA.
C. Contract Amendment: Surface Water Fund - East Marginal Way South Stormwater Outfalls
Staff is seeking Council approval to amend Contract No. 14-010 with KPG, Inc. in the
amount of$263,508.00 for final design and construction management of the East Marginal
Way South Stormwater Outfalls project.The project has been on hold since 2016 following
the loss of grant funding. Funding has been restored and the project can proceed. KPG
completed design through 90% and this amendment will allow them to continue.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3, 2018 REGULAR CONSENT
AGENDA.
121