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HomeMy WebLinkAbout97-099 - Berger/ABAM Engineers Inc. - South 180th Street Grade SeparationStandard Consultant Agreement AGREEMENT NUMBER FEDERAL AID NO. A❑LUMP SUM G Lump -Sum Amount. $ R E COST PLUS FIXED FEE E Overhead Progress Payment M Rate, $ E Overhead Cost Method N ❑ Actual Cost Not To Exceed: T Fixed Rate: 165";,() Fixed Fee $ 29,704 (I 11 El SPECIFIC RATES OF PAY E C ❑ Negotiated Hourly Rate K ❑Provisional Hourly Rate N ❑ COST PER UNIT OF WORK El CONSULTANT/ADDRESS/TELEPHONE BERGER/ABAM Engineers Inc. 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003 206/431-2300 PROJECT TITLE AND WORK DESCRIPTION South 180"' Street Grade Separation DBE Participation R1 Yes El No MBE Participation R Yes El No Federal ID No or SSN 91-1422812 Completion Date July 31,1998 8.01/c, Do you require a 1099 for IRS? El Yes 21 No Maximum Amount Payable $548,900 IS AGREEMENT, made and entered into this,x day of 4z I 5� between the Local Agency of City of Tukwila Public Works Department, Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT'. WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY 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 for the. PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance 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: 1 GENERAL DESCRIPTION OF WORK The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. SCOPE OF WORK The Scope of Work and project level of effort for this project is detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. 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 or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Federal, Community, Sta,t--, 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 number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "B" attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvantaged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. All reports, PS&E materials, and other data, ftir-nished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or ternunation of this AGREEMENT are instruments of service for this PROJECT and are 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 PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV TIME FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work tinder the terms of this AGREEMENT until authorized in writing by the AGENCY. All work tinder this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under 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 or 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. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "C' attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section 11, "Scope of Work". The CONSULTANT shall conform with all applicable portions of 48 CFR 31. VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, attached hereto and by this reference made apart, of this AGREEMENT. The work of the subconsultant shall :not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work tinder this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has 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 the 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 tinder this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or might arise tinder any Workmen's 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, collsequence 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 the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. Vill NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or Itandicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULTANT understands and agrees that if it violates this provision, this AGREEMENT may be terntinated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the filture unless a showing is made satisfactory to the AGENCY that discriminatory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regulations relative to nondiscrimination in the same manner as in Federal -assisted programs of the Department of Transportation, 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. The consultant shall comply with the American Disabilities Act of 1992, as amended. B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selection and retention of subconsultants, including procurements of materials and leases of equipi-fient. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 11 of the Regulations. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract,, including procurements of materials or leases of equipment, each potential subconsulta-ut or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations tinder this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. 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 to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or 2. Cancellation, termination or suspension of the. AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements 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 subconsultant or procurement as the AGENCY or the Federal Highway Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULI'ANT shall comply with RCW 49.60.180 and Executive Order Number E.O. 77-13 of the Governor of the State of Washington which prohibits unfair employment practices. IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten 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 as shown in Exhibit F for the type of AGREEMENT used. No payment shall be made for any work completed after ten 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 computed as set forth herein above, 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 such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work 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 work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work performed at the tinie of termination. Under no circumstances shall payment made tinder this subsection exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTAN'I's fail -Lire to perform is without it or, it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the project, or, dissolution of the partnership, termination other corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work -tinder the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY's concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment, for any part of the work 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 work 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 complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work 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 XIV. Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination 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 de novo judicial review. X11 VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institutk, legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county the AGENCY is located in. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall 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 in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be down under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and their officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from. the CONSULTANT negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision. with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents or employees. The CONSULTANT's relation to the AGENCY shall be at all times as an independent, Contractor. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees against the AGENCY a -Lid, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under t1i.e state, industrial insurance law, Title 51. RCW. The CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.25.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of 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 the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B Regular pu blic liability and property damage insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per Occurrence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. 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 14 days of the execution of this AGREEMENT to the AGENCY. 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 shall be lintited to the amount payable tinder this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The AGENCY will pay no progress payments tinder Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. X1V EXTRA WORK A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes aii increase or decrease ii-i the estimated cost of, or the time required for, performance of any part of the work tinder this AGREEMENT, whether or not; changed by the order, or otherwise affects any other terms and conditions of the 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 the AGREEMENT accordingly. C. The CONSULTANT must submit its "request for equitable adjustment" (hereafter to as claim) under this clause within 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 the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and condition of paragraphs (a) and (b) above, the in. aximuni amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. XVI FEDERAL AND STATE REVIEW The Federal Highway Administration. and the Washington State Department of Transportation sliall have the right to participate in the review or examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit "A -I", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certification regarding debarment, suspension and other responsibility matters - primary covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3 and "A-4" are only required in Agreements over $100,000. XVIII COMPLETE AGREEMENT This document and referenced attachments contains 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 an amendment to tlii.s AGREEMENT. XIX 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 agreements contained in the proposal, and the supporting materials submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof,, the parties hereto have executed this AGREEMENT as of the day and year first above written. By By C%of Tukwila Consultant BERGER/ABAM Engineers Inc. Agency City of Tukwila Public Works Department 10 EXHIBIT A-1 CERTIFICATION OF CONSULTANT Project No. Local Agency City Of Tukwila Public Works Department I hereby certify that I am James S. Guarre and duly authorized representative of the firm of BERGER/ABAM Engineers Inc. whose address is 33301 Ninth Avenue South, Suite 300, Federal Way, WA 98003 and that neither Inor the above firm I here represent has: (a) Employed or retained for a connnission, 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 contract. (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 the contract. (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 the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the Board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid iNnds an is subject to applicable State and Federal laws, both criminal and civil. Date 1414ature CERTIFICATION OF AGENCY OFFICIAL I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila, Washington, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out. this contract to: (a) Employ or retain, or agree to employ or 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 here expressly stated (if any'). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and is subject to applica and Federal laws, both criminal and civil. "e St. e- Date Signai e Fxhibit A-1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -PRIMARY COVERED TRANSACTIONS 1. 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-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or 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 antitrust 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 Lb. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. 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, Consultant (Firm) Date BERGER/AB Engi ee sine. si Pr- dent or Authorized Official of Consultant ]i ature Exhibit A-2 10,14:11 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 lien knowledge and belief, that,,: 1. No federal appropriated fiends have been paid or will be paid, by or oil 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 all 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 any federal contract, grant, loan, or cooperative agreement. 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 3 1, U.S. Code. Any person who fails to file the retired certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 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 subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Date BERGER/A.B Engin ers Inc. It v P P e ident or Authorized Official of Consultant Si ature Exhibit A-3 EXHIBIT A-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 sectiou, 1.5.801. of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of the proposal (Exhibit D) are accurate, complete, and current as of 5 December 1997. This certifteation includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm: BERGER/ABAM Engineers Inc. Name: James S. Guarre Title: Vice President Date. of Execution I ExhibitA-4 SCOPE OF WORK City of Tukwila Public Works Department South 180"' Street Grade Separation, 72 nd Avenue South to 8 01h Avenue South BACKGROUND South 180'11 Street has been classified as a principal arterial road under the federal functional classification guidelines. The posted speed limit is 35 mph. The existing roadway section from 72 nd Avenue South to 80th Avenue South is from 4 to 5 lanes in width with sidewalks on each side. The segment having only 4 lanes is approximately 400 to 500 feet both east and west of the existing at -grade crossing with the railroads. DESCRIPTION OF PROJECT To improve vehicular traffic circulation and railroad traffic along this corridor, this project has been initiated to grade separate the South 18 oth Street arterial and the BNSF and UP Railroads. The existing roadway section will be evaluated for projected capacity, and the appropriate design section determined. Future expansion of the railroads will be addressed and buildout limits determined. During construction, the existing pedestrian, rail and motor vehicle access will be maintained. 1. Administration A. Project Management BERGER/ABAM will provide necessary project management, administration, and coordination with the City and with BERGER/ABAM subconsultants. This will include subcontract administration, invoicing, meetings, and deliverables. BERGER/ ABAM will also facilitate the involvement of public and private utilities, private landowners, public agencies, and the general public. B. Project Schedule BERGER/ABAM will prepare a master project schedule in bar chart form. The schedule will be of sufficient detail to allow concerned parties to monitor progress, status, and costs. It will be updated monthly. Near -term milestones and deliverables will be detailed ill calendar form and distributed to subconsultants and the City at monthly coordination meetings. C. Progress Reports BERGER/ABAM will prepare monthly progress reports outlining task and budget status, work performed during the previous month, work to be performed the next month, and unresolved issues requiring immediate attention. D. Invoicing BERGER/ABAM will prepare and submit monthly invoices to the City for work performed and expenses incurred during the previous month. Monthly invoicing will be done in the format requested by the City. Exhibit B- I E. Project Meetings BERGER/ABAM will arrange for and attend a monthly meeting to be held at the City. In addition, BERGER/ABAM will conduct and/or facilitate other meetings with subconsultants, utilities, public agencies, and the general public. Within two weeks after receipt of the notice to proceed, BERGER/ABAM will arrange for and conduct a kickoff meeting. The purpose of this meeting will be to discuss the project schedule, review invoicing procedures, initiate the development of the public involvement plan and provide an open forum to discuss pertinent project issues. F. Technical Advisory Committee BERGER/ABAM will coordinate and facilitate a Technical Advisory Committee for this project. This coordination and facilitation will include periodic meetings, study sessions, and reviews of technical project information as developed and presented by BERGER/ABAM. The TAC will direct the BERGER/ABAM team regarding issues which may require additional investigation and presentation of findings in order for a preferred alternative to be selected. This work includes the development of drawings and graphics to depicted the results of investigations and development of alternatives. Coordination and facilitation of the TAC by BERGER/ABAM will conclude once a preferred alternative is selected. The TAC will be briefed periodically by the City during the development of the construction contract documents and right-of-way process. BERGER/ABAM will prepare for presentation to the project TAC, the railroads, and to the City's Transportation Committee, as appropriate, information for decisions and approval of the following: ■ South 180"' Street Design Roadway Section ■ Future Railway Construction ■ Construct South 180"' Street Over the Rails Vs. Under the Rails ■ Construction Phasing and Detour G. Quality Assurance BERGER/ABAM will provide in-house independent review of project submittals prior to City reviews. Subconsultant submittals will be reviewed by BERGER/ABAM and revised as necessary prior to delivery to the City. H. Design Standards Berger/ABAM will develop a list of publications to be used for this project. Berger/ABAM will submit the list to the project Technical Advisory Committee (TAC) for approval before proceeding with the preliminary design. 2. Preliminary Engineering A. Surveys BERGER/ABAM will provide the horizontal and vertical topographic survey, including utility, property ownership, and roadway and railroad alignment information and railroad facility locations. The survey will be on disk in AutoCAD Release 12 fonnat. Exhibit B-2 This survey will be the basis for the project base maps. BERGER/ABAM will also provide additional surveying as necessary during preliminary and final design to adequately address preliminary and final design details. B. Data Collection The City will provide BERGER/ABAM with information that has been collected on utilities, existing and future traffic counts, and property ownership. Additional data collection including right-of-way records, utilities, and railway facilities not immediately available within the City will be done by BERGER/ABAM with assistance from the City. C. Field Investigations BERGER/ABAM will perform site visits to become familiar with the existing conditions. Confirmation of topographic features and changes to the existing conditions will be noted throughout the life of the project. Site visits will also help to assess seasonal changes regarding sensitive areas within the project. D. Base Maps BERGER/ABAM will use the topographic survey, utility, property ownership and alignment information, and field investigation to create the base maps for the project. Base maps will be prepared at 1 inch = 20 feet. Base map limits will extend along South 180' Street from 72' Avenue South to 80" Avenue South and from South 180" Street along the railway alignments approximately 1000 feet north and 1000 feet south. E. Geotechnical Analysis BERGER/ABAM will be responsible for geotechnical explorations and analysis. The work will commence with a review of existing geological and geotechnical subsurface data in the vicinity of the project area, supplemented by field explorations and laboratory tests. Eight borings are proposed to better define subsurface soil and groundwater conditions in the project area. Four borings will be located at or near each of the two railroad bridge (BNSF and UP) abutments. These borings will be drilled to a depth of approximately 100 feet. Two borings, each approximately 150 feet deep, will be drilled at or near the center piers of the two railroad bridges. Two borings will be located in the area of the proposed roadway reconstruction, and will be drilled about 50 feet deep. The proposed total drilling footage is approximately 800 feet. Observation wells will be installed in two of the proposed borings to monitor groundwater levels following completion of the drilling. Exhibit B-3 The deliverable resulting form this work element will be a Geotechnical Report that will be submitted to the City in draft and final forms. Specific items to be addressed in this report include: a) Results of the review of the existing subsurface data b) Results of subsurface explorations and laboratory tests c) Description of site geology and subsurface and groundwater conditions d) Seismic engineering analysis and liquefaction evaluation, along with mitigation measures e) Geotechnical recommendations for temporary excavation support and groundwater control f) Geotechnical recommendations for design and construction of deep foundations (drilled shaft and/or pile foundations) supporting the railroad bridges g) Site and roadway subgrade preparation h) Pavement section design i) Structural fill type, placement and compaction criteria j) Construction considerations, including deep foundation installation, dewatering, and construction impacts on existing adjacent structures, utilities, and other facilities 3. Permitting and Special Studies A. Stream Special Study BERGER/ABAM will conduct a stream special study for Springbrook Creek from 200 feet north of South 180' Street to 1000 feet south of South 180th Street in the vicinity of the existing railroad crossing of Springbrook Creek. The study will identify important fisheries resources that could be impacted by this project. It win also assess the physical characteristics of the stream. This study will consist of a literature search and a stream survey. The study will conclude with a discussion of possible stream impacts from the project and potential means of mitigating those impacts. The literature search will be performed to describe the stream and fish usage of the stream. Sources will include literature sources, maps, and agency reports from agencies such as the U.S. Geologic Survey, the U.S. Environmental Protection Agency, the Washington Department of Fish and Wildlife, and other pertinent agencies. The stream survey will be an on -site survey of the stream from 200 feet north of S 180th Street to 1000 feet south of South 180' Street. The linear measurements will be to the nearest inch for width and depth and to the nearest foot for length. Visual observation will be used to describe stream bank characteristics and vegetation, stream bed composition, and presence of large woody debris. Exhibit B-4 B. Wetlands Special Study BERGER/ABAM will perform a wetlands delineation study for the area within the same limits as the stream special Study. This Study will cover the riparian and non -riparian wetlands in the project area not covered by the stream study. The objective of the study will be to identify the location, extent, and boundaries of potentially affected wetlands in relation to the proposed project and its construction sequencing requirements. The study will conclude with a discussion of possible wetlands impacts and potential means of mitigating those impacts. The field survey will follow the routine on -site determination method as described in the 1987 Corps (?f Engineering Delineation Manual. [Jnder this method, the wetlands will be identified and delineated based on the presence and distribution of three indicators: hydrophytic vegetation, hydric soils, and wetlands hydrology. BERGER/ABAM will Survey the delineated wetland boundary and provide this survey in the Wetlands Special Study. C. Wildlife Special Study BERGER/ABAM will conduct a wildlife study for Springbrook Creek, the creek's riparian wetlands, and all undeveloped land within 100 feet of the project boundaries as described in the Stream Special Study. The study will first determine the existing wildlife species and existing wildlife habitat within the areas defining the project. The study will then assess the impacts on wildlife, both short and long term, which may result from the project's alteration of wildlife habitat. The study will conclude with a discussion of potential mitigation measures. Existing wildlife will be categorized into four groups: aquatic, mammals, reptiles and amphibians, and birds. This part of the Study will consist of two phases, a literature search and an on -site survey. The on -site survey will look for species actually present on site or evidence of their presence Such as tracks, nests, and scat. D. Flood Hazard Special Study BERGER/ABAM will conduct a flood hazard study to determine the change in flood characteristics due to the replacement of the at -grade railroad crossing with a bridge. In addition, the effect of increased runoff due to added impervious area will be analyzed. E. Focused EIS NOT INCLUDED At this time an Eltidoes not appear to be required Exhibit B-5 Permits BERGER/ABAM will collect the necessary information required to complete the following permits. • King County Clearing and Grading • King County Shoreline Substantial Development • Washington State Department of Fish and Wildlife • Hydraulic Project Approval • Corps of Engineers 404 • Corps of Engineers 401 Water Quality Exemption • Department of Ecology Water Quality Certification • Railroad Easements and Agreements • Utility Agreements • Others 4. Public Involvement A. Public Involvement Plan BERGER/ABAM will prepare a plan to establish procedures for working with the public. The plan will Outline how information will be presented to the public and flow input from the public will be collected, reviewed, and addressed. The main elements of tile plan will be a mailing list, newsletters, an open house, and public meetings. A report summarizing the public's involvement will be prepared along with the final design report. Z� B. Mailing List BERGER/ABAM will work with the City to assemble a mailing list of people and businesses within 300 feet of the project boundaries. In addition, any person or business that would likely be affected by or have input to the design of the project will be included. For purposes of this scope, the mailing list will be assumed to have 200 addresses. The mailing list will be updated throughout the project to include additional people and organizations with an interest in the project. C. Newsletters BERGER/ABAM will prepare one notification and two newsletters. The first notification will be sent to everyone on the initial mailing list about two weeks before the open house. The content will be a general description of the project and information on the open house. The newsletters will be distributed within two weeks prior to each of the public meetings. The content will be status of the project, discussion of alternatives, and an agenda for the upcoming meeting. The County will approve the notification and newsletters, and BERGER/ABAM will produce the newsletters, make copies, and mail them, up to 200 copies for each mailing. F'Ahibit B-6 D. Open House An open house to familiarize the public with the project will be held within two months after the kickoff meeting. The open house will have no formal agenda. Instead there will be displays, handouts, and City and BERGER/ABAM personnel to answer questions. BERGER/ABAM will prepare the displays and handouts, attend the open house, and prepare summary notes. The City will arrange for the meeting facility, approve displays and handouts, and serve as lead at the open house. E. Public Meetings The BERGER/ABAM team has assumed that two public meetings will be held during Phase 1. The first meeting will take place once the project alternatives have been defined and will be used to develop consensus between the attendees regarding selection criteria to be used during the alternative analysis. The second meeting will be conducted after the alternative analysis has been completed and will provide the opportunity for the public to comments on the results of the alternative analysis as well as continue to establish consensus confirmation for the selected alternative. These meetings will have an agenda and formal presentations. Both meetings will attempt to address public concerns while taking note of new public concerns and comments. BERGER/ABAM will prepare displays and handouts, present technical portions of the presentation, and prepare meeting minutes. The City will arrange for the meeting facility, serve as lead for the meeting and presentation, and approve displays and handouts. BERGER/ABAM will provide visual aids to be used at the meetings and facilitate the consensus -building at the meetings. 5. Preliminary Design A. Roadway Improvements BERGER/ABAM will develop a horizontal and vertical alignment for the new roadway section. For purposes of this scope, two vertical alignments will be considered. One will go over the railroads and one will go under the railroads. Three plan and profile sheets will be prepared for the recommended alignment option. Separate sheets will prepared to show preliminary right-of-way information including construction easements Roadway typical sections will be generated on one sheet. Separate sections will apply to each alignment options. Proposed roadway templates will be plotted at 50-foot intervals on existing cross sections for both options. Retaining wall heights, locations, and types will be determined from the cross sections and geotechnical recommendations. Exhibit B-7 B. Railroad Realignment BERGER/ABAM will develop a horizontal and vertical alignment for the railroad section. For purposes of this scope, vertical alignments will be considered as they relate to the proposed roadway alternatives. Existing rail alignments will be modified only if feasible and the modifications promote needed clearance for the roadway. Right-of-way and construction easements will be addressed under roadway improvements. Rail typical sections will be generated on one sheet. Separate sections will apply to each alignment options. Proposed rail templates will be plotted at 50-foot intervals or less on existing cross sections for the preferred roadway alternative. Retaining wall heights, as required, locations, and types will be determined from the cross sections and geoteclinical recommendations. C. Traffic BERGER/ABAM will prepare an evaluation of future traffic volumes in the project corridor to assist the City in defining whether the grade separation of the railroad tracks should be four or six lanes. The study area for this traffic analysis will the South 180"' Street between West Valley Highway and 80' Avenue South. This study will include the intersection of 72" Avenue South. In order to provide a baseline for the analysis, available traffic counts (daily, AM and PM peak hour) for the intersections and roadway sections will be assembled and reviewed. If needed, BERGER/ABAM will arrange for up to four peak hour turning movement counts at the study intersections. A brief field review of the study area will be performed to confirm existing conditions. Traffic forecasts will be developed using the Puget Sound Regional Council travel demand model or the City of Renton's Comprehensive Plan travel demand model. In order to determine which model to use, BERGER/ABAM will evaluate the simulation network zone structure and horizon year of each model. The travel model will be run to develop 2020 forecasts(or other horizon year) for the AM and PM peak hours for a four lane and six lane facility. The model data will be adjusted, as appropriate, to reflect anticipated traffic patterns. Roadway level of service will be estimated for each condition. AM and PM peak hour turning movements will be estimated and levels of service will be calculated at South 180' Street/West Valley Highway, South 180"' Street/72"" Avenue South and South 180' Street/80'hAvenue South. Based on the resulting traffic forecasts and levels of service, BERGER/ABAM will determine a recommended roadway cross section and intersection geometries. The analysis process and results will be documented in a technical memorandum. The railroad at -grade signal system will require temporary relocation depending on the detour design for South 1800' Street. A preliminary layout for the signal system relocation and reconstruction will be included. Illumination layout and signing layout will be included in the design report for the preferred alternative. D. Construction Phasing Exhibit B-8 A preliminary construction phasing and traffic control plan will be prepared. This will contain conceptual plans, sections and details for the maintenance of traffic on South 180' Street during construction and will include adjacent property access as appropriate, temporary illumination and signing. A preliminary construction phasing and railroad traffic control plan will be prepared which includes the railroad shoofly design layout. This will contain conceptual plans, sections and details for the maintenance of rail traffic on both the BNSF and the LT. Shoofly rail plans will include two sheets for the alignment, two sheets for the rail profiles and one sheet for typical sections. Railroad construction phasing will include temporary illumination, and signing. E. Drainage BERGERABAM will perform area hydrologic and hydraulic analysis in accordance with the King County Drainage Design Manual. Drainage basins will be identified from available City, County, USGS, and similar mapping. Runoff will be calculated for the design storm for each basin using WaterWorks software, and will be based on existing and proposed land use. Preliminary culvert and storm sewer sizing will be determined based upon the roadway horizontal and vertical alignment concepts developed during preliminary design. Backwater analysis will be conducted as required based upon potential for damage and flooding. The level of analysis to be performed will be limited to the methods, subjects, and detail typical of the Mug County Drainage Design Manual. The Drainage Report will be prepared in accordance with the requirements of the King County Drainage Design Manual. The report will include runoff estimates, tables indicating preliminary estimates of gutter flow, inlet spacing at sag locations, preliminary storm sewer and culvert designs, and ditch/swale design. Water quality controls, including detention, biofiltratioii, oil -water separation, and permit requirements, will be considered for each of the roadway alignment alternatives. F. Bridge Type, Size, and Location Study The Bridge Type, Size, and Location Study will be performed according to the guidelines developed by the WSDOT. BERGER/ABAM will initially include the following alternatives: South 180"' Street over the railroad tracks - Concrete Spans South 180"' Street over the railroad tracks - Steel Spans South 180"' Street under the railroad tracks - Precast, Prestressed Concrete Spans South 180' Street under the railroad tracks - Steel Wide Flange Beam Spans South 180" Street under the railroad tracks - Through Plate Girder Spans Exhibit B-9 BERGERABAM has assumed that two structures, one underpass for each of the UPRR and BNSF and one overpass for both the UPRR and BNSF, will be studied. A preferred South 180' Street cross section will be established prior to commencing the bridge TS&L Study, Results of the Bridge TS&L Study will be used to finalize the roadway geometry for inclusion in the Design Report. Two foundation recommendations will be used from the geotechilical study for alternative comparisons. Based on the Bridge TS&L Study analysis results and discussions with the City, permitting agencies, railroad owners, and public, a single foundation alternative will be included in the Design Report. The underpass alternatives will be compared in light of two dewatering methods, permanent pumping utilizing deep slurry walls to minimize groundwater draw down or creation of a "bathtub" to prevent groundwater infiltration. A preliminary alternative analysis between the overpass and underpass options will be conducted using conceptual layouts. The selection criteria to be used to finalize a recommendation for going over or going under the railroad tracks will be developed during the public involvement and preliminary engineering tasks. Specific and detailed alternatives will be further studied using the conceptual layouts for the selected overpass or underpass option. For the purposes of this scope of services, BERGERABAM has assumed that the underpass option will be selected and studied in detail. The South 180" Street underpass will be analyzed and compared with the project analysis criteria Conceptual drawings and estimates of probable construction and operating costs for each alternative will be prepared to allow comparison based on constructibility, construction and operating costs, effects on the environment, aesthetics, right-of-way, and other factors to a maximum of 10 selection criteria. A detailed bridge plan, elevation, section, and construction phasing drawings will be prepared on for inclusion in the design report for each structure. There will be three bridge plan sheets ( one for BNSF, one for UPRR, and one for the Interurban Trail). A construction phasing plan for each bridge will be included. Based on data from the geotechnical investigation, BERGERABAM will analyze two foundation alternatives. Based on these analyses and discussions with the permitting agencies and railroad owners, a single foundation alternative will be included in the design report. G. Railroad Coordination Railroad meetings and coordination efforts will be used to explain the project to the railroads and gather the railroad requirements for signal relocation, temporary track alignments, construction phasing, and the number of tracks to be carried by an underpass structure. The following meetings are included in these scope of services: 1. Initial meeting to explain project goals and process, solicit requirements for project features, and solicit recommendation for selection criteria Exhibit B-10 2. Review alternatives and finalize requirements 3. Affirm final selected alternative Exhibits for preparation of construction and permanent easements on railroad property will be prepared for the selected alternative for the City to process. BERGER/ABAM will assist the City in developing language for an overall agreement with each of the railroads and prepare exhibits to use with the agreements. H. Environmental Considerations In conjunction with the environmental studies and the EIS already discussed, environmental mitigations and safeguards will be recommended to the City and permitting agencies. These will include mitigation of permanently displaced and temporarily displaced wetlands, mitigation of wildlife impacts, safeguards against construction impacts, and permanent erosion control. In Phase 1, these mitigations will only be covered in the narrative of the report. I. Design Report BERGER/ABAM will produce a design report that will summarize the results of Phase 1. It will include narrative on project background, alternatives considered, and recommendations made. Each of the above items will be covered with narrative and with the plan/profile sheets and detail sheets. The result of the studies, preliminary engineering, and meetings will be a report that will discuss alternatives and present a recommendation as the basis for Phase 2 of the project. A separate design report technical appendix will accompany the design report. This will include data and calculations used in the evaluation of the two alternatives. BERGER/ABAM will provide the City with 10 copies of the preliminary review submittal and one camera- ready copy of the final design report. J. Preliminary Estimate of Probable Construction Costs As part of the design report, BERGER/ABAM will produce a summary of quantities and construction cost estimate for the entire project. This estimate will be for the recommended alternative only. However, where costs figure in the evaluation of alternatives for the various project items, approximate costs for those alternatives will be discussed in the narrative. ■ Master Project Schedule ■ Geotechnical Report ■ Stream Special Study ■ Wetlands Special Study ■ Wildlife Special Study ■ Flood Hazard Special Study Exhibit B-11 ■ Focused Preliminary and Draft EIS NOT INCLUDED ■ Focused Preliminary and Final EIS NOT INCLUDED ■ Clearing and Grading Pen -nit Application NOT INCLUDED ■ Shoreline Substantial Development Permit Application NOT INCLUDED ■ Hydraulic Project Approval Permit Application NOT INCLUDED ■ Corps of Engineers 401 and 404 Permit Applications NOT INCLUDED ■ Department of Ecology Water Quality Certification NOT INCLUDED ■ Utility Agreement Exhibits NOT INCLUDED ■ Public Involvement Plan ■ Summary Report of Public Involvement ■ Drainage Report (TIR) ■ Design Report, including Bridge Type, Size, and Location Report and Preliminary Estimate of Probable Construction Costs ■ Design Report Technical Appendix PROJECT ASSUMPTIONS This scope of services for the preparation of the Design Report, environmental review and documentation, and environmental permit development has been developed under a set of assumptions presented below. The attached project schedule reflects the time assumptions for performing the work described in tasks 1 through 5 and is considered a part of this scope of services. Other basic assumptions include the following: ■ Existing utility locations and record drawings will be coordinated by the City with limited involvement by BERGER/ABAM. The City will make the request for onsite utility locations by contacting "One Call". ■ No existing utility potholing will be performed by BERGER/ABAM. ■ BERGER/ABAM will coordinate and facilitate the TAC through their decision -making process. This coordination and facilitation will end when the TAC has selected a preferred alternative or 31 July 1998, whichever comes first. ■ The City of Renton's traffic model is available for our use. ■ No Right -of -Way Plans, appraisals or negotiations are included in this work. ■ Environmental studies include a stream study, wetland study, wildlife study, and flood hazard study only. Exhibit B-12 EXHIBIT B-13: Proposed Schedule - SOUTH 180th STREET GRADE SEPARATION City of Tukwila Public Works Ta,qk Namp I Start I Finish I Dec'97 Feb '98 I Mar '98 I Apr'98 Ma '98 Jun'98 I Jul '98 WORK% Administration TAC Review & Updates gm --M. TAC Preferred Alternative Selected Survey & Data Gathering Thu 1/1/98 Tue 3/31/ TASK 3 Thu 111/98 Fri 7/31/98 Environmental Studies/Ai Thu qlR Fri 7/31 / Scoping Meeting Mon 2/2/98 Mon 2/2/ TASK 4 Fri 7/31198 Public Involvement Mon 98 Fri 7/31/98: TASK 5 Thu 11/11/9 Traffic Analysis g. . . . . . . . . . . . . . . . . . . . . Design Report Task Summary IV Rolled Up Progress Project: S 180th St Progress Rolled Up Task Date: Printed Fri 12/5/97 EISEN= Milestone Rolled Up Milestone 0, 7/31 198 EXHIBIT C PAYMENT (COST PLUS FIXED FEE) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section 11, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 3 1. A. Actual Costs Payrnent for all consulting services for this project ject shall be on the basis Of the fixed CONSULTANT's actual cost plus a fee. The actual cost shall include direct salary cost, overhead, and direct -norisalary cost. Direct Salary Costs The direct salary 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. 2. Overhead Costs Overhead 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 sham be made at the rate shown in the heading of this AG, tinder "Overhead Progress Payment Rate." Total over -head payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the Exhibit C-1 overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or ally of the subconsultants shall cause the agency to withhold payment of the billed overhead costs illitil such time as the required information is received and an overhead rate for billing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONSLJLTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Nonsalary Costs Direct rionsalary 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 subconstiltants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSIJLTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-montlis required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, 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 invoices. 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, Termination of Agreement Management Reserve Fund The AGENCY may desire to establish a Management Deserve Fund to provide the Agreement Administrator the flexibility of authorizing 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 $50,000 or 101/(of the Total Amount Exhibit C-2 Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This filrid may be replenished in a subsequent supplemental agreement,. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT tinder this AGREEMENT, shall riot exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs phis the calculated overhead and fee riot more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required tinder Section 111, including direct salary, direct nonsalary, and allowable overhead costs to which win be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, 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 upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGRE EMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payrnent which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and submitted 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 that at the time of final audit, all required adjustments win be made and reflected in a final payinent. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund Rich overpayment to the AGENCY within ninety (90) days of notice of the overpayment Such refund shall riot constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and are items Exhibit C-3 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 contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit C-4 City ofTukwila Public Wod0Oepr eni South 180thStreet Grade S8pGrat— COnSu|t@ntCostPrnpnua| 4XV11:111111111IN Analysis of Costs - BERGER/ABAM Inc. Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Project Engineer 493 31.50 $15.530 Senior Engineer 963 24.50 $23.584 Planner 559 28.00 $15'652 CADDTmch 422 21.50 $9.073 Graphics Tech 246 10.00 $4.674 Direct Salary Cost Total Salary Esouatiunfor 1D98(5%)(Assumes |5mo. Schedule with QrnO.inFY98) 83.378 Direct Salary Cost $93,409 Overhead Cost 165l0% 0fDSC $154.125 Net Fee 12.00% ofDSCQOH SUBTOTAL $277,239 Reimbursables Travel/Parking $ 2.520 Connputer/CADD 5'064 Repro duoUon/Postsge 6'840 Communications 972 SUBTOTAL $15.496 Suboonsu|1anta: (See Exhibit {5) Shannon 8.Wilson 13796 Participation $75'326 HUR Inc 22.396 Participation $122.675 CTSEngineers, VV/OBE 8.296 Participation S45.108 Pharos Corporation VWDBE 0.096 Participation $O TnanspV 2.496 Participation $13.056 �Infe)ZIN Direct Nonsalary Total Combined Total Grand Total $256,165 $271,661 City of Tukwila Public Works Dep 'ient South 180th Street Grade Separa, Consultant Cost Proposal DIRECT NON -SALARY COSTS (BERGER/ABAM) TRAVEL/PARKING Mileage to project area, City Offices, & subconsultant offices for ABAM 2 Trips/Week @ 80 Miles/Trip @ $0.315/Mile for 50 Weeks COMPUTER: CADD Design & Drafting CADD Tech Hrs @$12/Hr 2,520 5,064 REPRODUCTION/POSTAGE: Final Design Report, Drainage Report, Flood Hazard Study, Wetland Study Stream Study, Wildlife Study 1200 Pages and 10 Copies C@ $0.1 O/Page $ 1,200 Prepare & Maintain Mailing List Copying & Distribution $ 200 Prepare, Mail & Distribute Public Meeting Hando ut/l n formation 3 Meetings P $250/Meeting $ 750 Engineers Estimate 15 Pages and 10 Copies @) $0.1 O/Page $ 15 Plans Review Submittals 30 Sheets and 25 Copies C@ $0.50/Sheet $ 375 Color Reproduction 400 SF Ca) $6.00/SF $ 2,400 20 Color Boards @ $1 OO/Board (assume 24"x36") $ 2,000 TOTAL REPRODUCTION 6,940_ COMMUNICATIONS: Local Messenger/Courier 2 deliveries/month P $25/delivery for 6 months $ 300 FAX to Subconsultants 3 FAX/week for 24 weeks @ $4/FAX $ 288 FAX to City 4 FAX/week for 24 weeks P $4/FAX $ 384 TOTAL COMMUNICATIONS 972_ Exhibit D-3 Labor Hour Estimate Project Name: South 180th Street Grade Separation Project Number: P98154 Prepared By: G. Phillips Date: 1214197 9:06 DESCRIPTION PM/ EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNER/ FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. 1. ADMINISTRATION A. Project Mana ement/Workplan 18 20 10 20 68 B. Project Schedule and Updates 18 30 30 15 93 C. Progress Reports 18 30 30 20 98 D.Invoicing 18 30 30 78 E. Project Meetings 1) Kickoff meeting 4 4 4 2 14 2) Monthly meetings 15 12 12 39 3) Plan Review Meetings 12 12 12 8 44 4) Subconsuftant Meetings 60 16 16 92 F.TAC Coordination and Decision Facilitation 144 60 60 100 100 464 G. Quality Assurance 60 40 40 20 12 172 ADMINISTRATION TOTAL 367 1941 214 80 100 100 1071 1162 Exhibit D-4 Labor Hour Estimate DESCRIPTION PM] EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNER] FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. 2. SURVEYS AND DATA GATHERING A. Survey Services 1) Horizontal, Vertical Control, Property and ROW lines 24 721 64 160 CTS 2) Topographic Survey & CAD DrawiN 40 150 144 334 CTS subtotal 64 0 0 222 208 0 0 494 B. Data Collection 1) Compile/review existing as -built plans, utility plans, etc. 4 2 8 14 2) Compilelreview existing railroad as -built plans and information 2 20 4 2 28 HDR 3) Review new & proposed commercial & residential development 4 2 8 14 4) Collect necessary traffic information 1 8 4 13 subtotal 10 25 28 0 0 0 6 69 C. Field Investigation 1) Visit project site for project familiarity 2 6 6 14 2) Visit project site for project familiarity 2 121 14 28 HDR 3) Field review existing drainage facilities & potential drainage 6 6 12 facility locations 4) Field review StreanVWetlands 6 6 subtotal 4 24 26 6 0 0 0 60 D. Base Maps 1) Develop base maps from survey 8 8 16 32 7 2) Prepare and review existing ground cross sections 20 8 28 20 subtotal 0 0 28 8 24 0 0 60 27 E. Geotechnical Analysis 1) Review previous subsurface investigations 8 4 12 S&W 2) Perform soil borings (800 feet) 10 120 14 144 S&W 3) Subsurface explorations/Lab Tests 16 10 26 S&W 4) Site geology/groundwater conditions 8 8 16 S&W 5) Seismic analysis/liquefaction evaluation 4 9 16 29 S&W r 6) Retaining Structures 4 24 28 S&W 7) Deep foundations 4 32 36 S&W 8) Settlement 2 16 18 S&W 9) Groundwater studies 16 4 20 S&W 10) Construction considerations 2 12 14 S&W 11) Geotechnical Report 8 40 40 30 8 126 S&W 12) Reviews and Meetings 16 28 44 S&W 13) Assist wl plans and specifications 4 16 20 S&W 14) Riewtcoordinateidiscuss with geotech consultant 4 10 16 2 32 HDR subtotal 58 227 240 0 30 0 10 565 SURVEYS AND DATA GATHERING TOTAL 136 276 322 236 262 01 161 1248 27 Exhibit D-5 Labor Hour Estimate DESCRIPTION PM/ EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNER/ FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. 3. PERMITTING AND SPECIAL STUDIES A. Stream Special Study 1) Coordinate with subconsultants 0 2) Research existing background data 1 8 9 3) Coordinate with Agencies 8 8 4) Fisheries and riparian habitat evaluation 1 24 25 5) Water quality & environmental 8 8 6) Hydrology and hydraulics 16 16 7) Data analysis (habitat & background) 81 8 8) Prepare Stream Special Study 1 1 32 6 40 9) Prepare impacts and proposed mitigations 6 6 10) Prepare graphics and photos 8 8 11) Prepare and review draft stream report 1 4 4 4 12 12) Prepare final stream report Incl. conceptual mitigation plans I 0 subtotal 3 1 18 98 0 12 1d 140 Exhibit D-6 Labor Hour Estimate DESCRIPTION PM/ EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNERt FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUSS DRWGS. S. Wetlands Special Study 1) Coordinate with subconsultants 1 2 3 2) review existing background data 1 8 9 3) Delineate wetlands & gather field data 32 32 a) On -site verification with the Corps of Engineers 4 4 4) Analyze field & background data 4 4 5) Determine functions and values 4 4 6) Establish buffers 4 4 7) Evaluate impacts 16 16 8) Develop mitigation plan for stream and wetland impacts in coordination with flood hazard mitigation a) Site selection and alternatives analysis 1. Client and agency coordination 4 4 2. Alternative analysis report 8 8 b) Conceptual mitigation plans 1. Client and agency coordination 4 4 2. Site visit 4 4 3. Conceptual mitigation plan 1 8 8 8 25 4. Preliminary cost estimates 4 4 4 12 5. Revisions to conceptual plan 2 2 2 6 9) Field Verification with Agencies 4 4 10) Develop wetland special study report 1 8 4 13 11) Review draft wetland report 1 1 1 12) Prepare final wetland report incl. conceptual mitigation plans 2 61 1 81 1 16 13) Review final wetland report incl. conceptual mitigation plans 1 4 4 9 subtotal 6 0 16 1301 01 221 81 182 Exhibit D-7 Labor Flour Estimate DESCRIPTION PMI EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNER/ FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. C. Wildlife Special Study 1) Coordinate with Subconsultants 0 2) Review existing background data 4 4 3) Perform site visit 2 8 10 4) Analyze field & background data 8 8 5) Inventory existing wildlife and habitat a) Aquatic 2 2 b) Mammals 2 2 c) Reptiles and amphibians 21 2 d) Birds 2 2 6) Determine wildlife impacts a) Aquatic 2 2 b) Mammals 2 2 c) Reptiles and amphibians 2 2 d) Birds 2 2 7) Conceptual mitigation plans a) Client and agency coordination 4 4 b) Site visit 4 4 c) Conceptual mitigation plan 8 8 8) Develop wildlife special study report 9)Prepare draft wildlife report 12 4 6 22 10) Review draft wildlife report 1 1 11) Prepare final wildlife report 1 4 5 12) Review final wildlife report incl. conceptual mitigation plans 1 2 4 7 subtotal 5 0 0 68 01 61 101 89 Exhibit D-8 Labor Hour Estimate DESCRIPTION PM/ EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNER/ FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. D. Flood Hazard Special Study 1) Coordinate with Subconsultants 0 2) Review existing background data & hydrologic modeling 2 8 10 3) Perform site visit 4 4 4) Perform hydraulic analysis (Pre & post project) 4 16 20 5) Evaluate flood impacts 4 8 12 6) Develop mitigation plan (for flood hazard impacts in coordination with stream and wetland mitigation) a) Site selection and alternative analysis 1. Client (and agency, if needed) coordination 2 4 6 2. Site visit 4 4 8 b) Develop mitigation plans 1. Client (and agency, if needed) coordination 2 4 6 2. Site visit 4 4 3. Preliminary mitigation plan 4 8 8 20 4. Finalize mitigation plans (revisions to preliminary plan) 2 2 4 4 12 7) Develop flood hazard special study report a) Prepare draft report 2 4 4 4 14 b) Prepare 2nd draft report Incl. preliminary mitigation plans 1 1 2 41 1 1 4 41 14 c) Prepare final report incl. final mitigation plans 1 2 2 41 1 1 4 41 16 subtotall 41 30 761 01 121 121 12 146 Exhibit D-9 Labor Hour Estimate DESCRIPTION PM/ EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNERI FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. E. Focused SEPA EIS NOT INCLUDED 1) Scoping Notice, meeting, and scoping document 1 1 16 4 2 24 2) Background, purpose and need 1 16 2 19 3) Cover letter 1 1 2 4) Table of Contents 1 2 3 5) Summary 24 24 6)Alternatives including No Action 16 16 7) Appendices 8 8 8) Affected Environment, Impacts, and Mitigations a) Earth 8 8 b) Air Quality 8 8 c)Water 1. Water quality 8 8 2. Floodplain impacts/mitigation options 4 4 3. Stream impcatslmitigation options 4 8 12 4. Wetland impacts/mitigation options 1 8 9 5. Stormwater conveyencetcontrol treatment 1 4 4 9 d) Plants 8 8 e) Animals 81 8 f) Environmental health 1 24 25 Land Use/Consistency with plans and policies 1 16 17 h) Housing 2 2 1) Aesthetics, Light and Glare 6 6 j) Recreation 4 4 k) Cultural and historic resources assessment 1 4 5 4 Transportation and traffic 24 24 m) Transportation and traffic (Railroad) 2 2 8 1 13 HDR n) Public services 1 8 9 o) Utilities 1 16 17 9) Prepare preliminary Draft EIS 4 4 4 40 32 16 100 10) Prepare Draft EIS 2 2 2 24 4 12 12 58 11) Prepare Response to comments from DEIS 4 2 2 40 12 60 12) Prepare preliminary Final EIS 2 2 2 40 8 8 16 78 13)Prepare Final EIS 1 1 1 16 12 8 39 subtotal 24 14 27 4101 12 68 721 627 Exhibit D-10 Labor Hour Estimate DESCRIPTION PM/ EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNER/ FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. F. Permits 1) Clearing and Grading 1 4 12 8 8 1 34 2) Shoreline Substantial Development 1 4 8 8 8 1 30 3) Hydraulic Project Approval 1 4 12 8 8 1 34 4) 404 (Corps of Engineers) Permit 1 4 12 8 8 1 34 5) 401 Water Quality Exemption 1 4 8 6 1 20 6) Water Quality Certification 1 4 8 6 1 20 7) Railroad Easements and Agreements 4 4 4 16 2 30 HDR 8) Utility Agreements 2 16 24 8 16 4 4 74 9) WSDOT (temporary Railroad crossing) 2 20 4 2 28 HDR 10) Other 4 16 16 36 subtotal 14 68 104 58 68 4 14 340 PERMITTING AND SPECIAL STUDIES TOTAL 56 113 2391 7741 921 124 126 1524 Exhibit D-11 Labor Hour Estimate DESCRIPTION PM/ EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNER/ FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. 4. PUBLIC INVOLVEMENT A. Public Involvement Plan 1) Prepare public involvement plan (draft & final) 2 4 4 24 2 36 2) Prepare public involvement summary report 2 2 2 8 2 16 3) Assist with Plan and Summary 14 14 4 32 HDR subtotal 18 20 6 32 0 0 8 84 B. Mailing List 1) Prepare initial mailing list (assume 200 max on list) 4 4 16 24 2) Update & maintain mailiN list 4 4 8 16 subtotal 0 0 8 8 0 0 24 40 C. Newsletters 1) Prepare newsletters and notifications (assume 3) 3 3 6 12 0 6 12 42 2) Mail newsletters and notification (assume 3) 24 24 3) Assist with newletters and notifications 8 4 12 HDR subtotal 11 7 6 12 0 6 36 78 D. Open House 1) Prepare displays (assume 12 - 24x36 boards) 8 8 4 60 80 2) Prepare handouts 1 1 4 2 2 10 3) Assist with displays and handouts 4 8 32 44 HDR 4) Attend open house 8 8 0 8 24 5) Attend open house 8 8 16 HDR 6) Prepare open house notes 1 2 2 5 subtotal 20 33 10 18 32 62 4 179 E. Public Meetings 1) Prepare displays (assume 12- 24x36 boards) 4 4 4 20 32 2) Prepare handouts 1 1 1 2 5 3) Assist with Displays and Handouts 8 8 32 48 HDR 3) Attend meetings (assume 2) 8 8 8 24 4) Prepare meetingminutes 2 2 4 subtotal 16 21 7 15 32 22 0 113 F. Other Meetings 1) Utility meetings (5) 2 12 14 2) Utility meetings (5) 2 12 14 HDR 3) Public agency meetings 2 14 16 4) Public agency meetings 2 14 16 HDR 5) Railroad meetings (2 Joint, 2 Separate & Coordination) 12 14 26 6) Railroad meetings (2 Joint, 2 Separate & Coordination) 48 24 72 HDR subtotal 68 50 40 0 0 01 0 158 PUBLIC INVOLVEMENT TOTAL 133 131 77 85 64 90 72 652 Exhibit D-12 Labor Hour Estimate DESCRIPTION PM1 EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNER! FIELD GREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. 5. PRELIMINARY DESIGN NOT INCLUDED A. Roadway Improvements 1) Finalize horizontal & vertical alignment 2 16 40 8 66 2) Draft plan & profile layout 16 32 48 3 3) Prepare roadway typical sections 16 40 8 64 1 4) Plot proposed roadway templates on existing cross sections 16 32 48 10 5) Identify wall locations, types and heights 16 40 8 64 subtotal 2 48 152 01 88 0 0 290 14 B. Railroad Realignment (Shoofly) 1) Finalize horizontal & vertical alignment 14 50 40 104 HDR 2) Gross sections and qtys 2 28 40 70 HDR + 3) Prepare railway typical sections (BNSF and UPRR) 6 8 14 HDR 1 4) Plot proposed railway templates on existing cross sections 10 101 HDR 10 5) Identify wall locations, types and heights 4 8 16 28 HDR subtotal 20 84 8 0 114 0 0 226 C. Traffic 1) Analyze existing level of service(Intersectionlcorridor) 10 2 16 28 TRANSPO 2) Analyze future level of service (I ntersection(corridor) 10 4 20 34 TRANSPO 3) Determine intersection(corridor geometry (no. of lanes) 20 4 32 16 72 TRANSPO 4) Prepare intersection plans 4 8 4 20 36 2 subtotal 44 18 72 0 20 0 16 170 2 C. Construction Phasing 1) Prepare roadway plan 4 16 16 36 2 2) Prepare roadway sections 4 16 12 32 1 3) Prepare railway shoofly phasing plans 4 24 20 20 2 70 HDR 4 4) Prepare railway shoofly sections 2 20 12 34 HDR 1 subtotal 6 52 52 0 60 0 2 172 8 D. Drainage 1) Perform present basin analysis 8 40 48 2) Perform future basin analysis 8 16 24 3) Preliminary drainage calculations & conceptual layouts 4 24 32 60 4) Conveyance and runoff control facility sizing and location 4 16 16 36 5) Prepare plan 1 4 241 1 32 61 2 subtotall 1 28 1201 01 80 0 0 229 2 Exhibit D-13 Labor Hour Estimate DESCRIPTION PM/ EXECUTIVE PROJECT ENGINEER SENIOR ENGINEER PLANNER/ FIELD CREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. E. Bridge Type, Size and Location Study 1) Pre are Over/Under Analysis 8 32 24 64 HDR 2) Prepare concept #1 2 32 16 50 HDR 1 3) Prepare concept #2 2 12 16 30 HDR 1 4) Prepare concept #3 2 12 16 30 HDR 1 5) Prepare foundation concept #1 2 12 16 30 HDR 1 6) Prepare foundation concept #2 2 12 16 30 HDR 1 7) Coordinate with agencies 24 24 HDR 8) Analyze alternatives and make recommendation 8 16 24 HDR 9) Prepare plan 1 4 12 17 HDR 2 10) Prepare elevation 1 4 8 13 HDR 11) Prepare section 1 4 8 13 HDR 12) Prepare construction phasing 4 4 8 16 HDR 1 13) Interurban Trail Bridge 16 16 22 54 2 14) Prerpare Bridge TSSL Report 32 8 40 HDR subtotal 105 0 168 0 162 0 0 435 12 F. Environmental considerations 1) Summarize stream mitigation measures 2 4 4 2 12 2) Summarize wetland mitigation measures 2 4 4 2 12 3) Summarize wildlife mitigation measures 2 4 4 2 12 4) Summarize flood hazard mitigation measures 2 4 4 2 12 subtotal 0 8 16 16 0 0 8 48 G. Design Report 1) Prepare preliminary draft design report 4 8 2 14 15 2) Prepare final draft design report 2 2 4 2 10 3) Prepare design report technical appendix 2 4 2 8 subtotal 2 8 16 0 0 01 6 32 15 H. Preliminary Estimate of Probable Construction Costs 1) Calculate Quantities 4 20 20 44 2) Calculate Quantities 3 20 8 31 HDR 3) Prepare cost estimate 4 20 20 44 4) Prepare cost estimate 3 20 23 HDR subtotal 14 80 40 0 8 0 0 142 PRELIMINARY DESIGN TOTAL 194 326 644 16 532 0 32 1744 Exhibit D-14 Labor Hour Estimate DESCRIPTION PMt EXECUTIVE PROJECT I ENGINEER SENIOR ENGINEER PLANNER/ FIELD GREW CADD TECH GRAPHICS TECH CLERICAL TOTAL SUBS DRWGS. SUMMARY OF LABOR HOURS BY CONSULTANT TASKS 1, 2,3 less Focused SEPA EIS, 4, $ 5 = PHASE 1 BERGERIABAM Engineers 475 493 963 559 422 246 246 3404 HDR, Inc 231 308 222 0 378 0 12 1151 Shannon $ Wilson 54 217 224 0 30 0 8 533 CTS Engineers 64 0 0 222 208 0 0 494 Transpo 40 10 68 0 0 0 16 134 Pharos Corporation TOTAL LABOR HOURS PHASE 1 886 1040 1496 1191 1050 314 353 6330 tww"13M BREAKDOWN OF OVERHEAD COST In this section, the following documents are as follows. ■ Forecasted FY98 Indirect Cost Rate, One -Tier System ■ Final FY97 Indirect. Cost Rate, One -Tier System Exhibit E- I BERGER/ABAM ENGINEERS INC. FORECASTED FY98 INDIRECT COST RATE, ONE -TIER SYSTEM (2080 Basis) In 000s FY98 Forecasted Allocation Base Total Direct Labor ��750 Indirect Costs Indirect labor (Admin, Proposal, Negotiation, Incentive) $2, 177 Vacation, Holiday, Sick, Other Labor 665 Fringe Benefits 1,028 Administration Expense 870 Proposal Expense 185 Facilities 450 Furniture, Equipment, and Supplies 195 Communication and Reproduction 157 Computer Services 140 Auto and Field Equipment Expense 1.5 Miscellaneous Taxes and Insurance 27 Interest 0 E&O Insurance 245 B&O 'Taxes 269 $6,423 Less Unallowables Interest 0 Contributions 5 Entertainment 20 Advertising 20 (45) Total Indirect Costs �378 Indirect Cost Rate, Labor Overhead $6,378/$3,750 Indirect Costs/Allocation Base = = 170.1% Exhibit E-2 BERGER/ABAM ENGINEERS INC. ACTUAL FY97 INDIRECT COST RATE, ONE -TIER SYSTEM (2080 Basis) In 000s Allocation Base FY 97 Actuals Total Direct Labor. 13_, 165 Indirect Costs Indirect labor (Adm.in, Proposal, Negotiation, Incentive) $1, 960 Vacation, Holiday, Sick, Other Labor 566 Fringe Benefits 820 Administration Expense 785 Proposal. Expense 164 Facilities 429 Furniture, Equipment, and Supplies 167 Communication and Reproduction 138 Computer Services 89 Auto and Field Equipment Expense 11 Miscellaneous Taxes and Insurance 24 Interest I E&O Insurance 140 B&O Taxes 267 $5,561 Less Unal..Iowables Interest I Contributions 5 Entertainment. 13 Advertising 19 (38) Total Indirect Costs -) �523 Indirect Cost Rate, Labor Overhead $5,523/$3,165 Indirect Costs/Allocation Base = = 174.5% Exhibit E-3 1 W4 gelto PAYMENT UPON TERMINATION OF AGREEMENT BY THE AGENCY OTHER THAN FOR FAULT OF THE CONSULTANT (Refer to Agreement, Section IX) Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Exhibit F-1 EXHIBIT G SUBCONTRACTED WORK The AGENCY permits subcontracts for the following portions of the work of this AGIU4,EMENT. ■ Shannon & Wilson 400 N. 34"' Street, Suite 100 P.O. Box C-30313 Seattle, WA 981-03 ■ HDR, Inc. 500 1.08"' Avenue NE, Suite, 1200 Bellevue, WA 98004-5538 r CTS Engineers, Inc. 2115 112"' Avenue NE #200 Bellevue, WA 98004 ■ The Transpo Group 1.4335 NE 24"' Street, Suite 201 Bellevue, WA 98007-3737 ■ PHAROS Corporation 310 Waterfront Park Building 144 Railroad Avenue Edmonds, WA 98020 Exhibit G-1 City of Tukwila Public Works Dep,- 'lent South 180th Street Grade Separat. Consultant Cost Proposal EXHIBIT G-2 Sub -Consultant Analysis of Costs - Shannon & Wilson Direct Salary Cost (DSQ) PERSONNEL Hours Pay Rate Cost Project Manager/ Executive 54 $50.00 $2,700 Senior Engineer 211 27.00 5,697 Project Engineer 224 20.00 4,480 Drafting & CADD 30 17.00 510 Project Hydrogeologist 6 30.00 180 Clerical 8 16.00 128 Direct Salary Cost Total 533 $13,695 Salary Esculation for 1998 (5%) (Assumes 15 mo. Schedule with 9 mo. in FY98) $514 Direct Salary Cost $14,209 Overhead 171.40% of DSC $24,353 Net Fee 12.00% of DSC+OH $4,627 SUBTOTAL $43,189 Reimbursables Drilling (8001-F) $17,400 Traffic Control $3,421 Geotechnical Testing $6,380 Mileage $310 RR Right-of-entry/insurance $4,000 Telephone/FAX $100 Reproduction $525 SUBTOTAL $32,136 TOTAL $75,325 City of Tukwila Public Works Depr ient South 180th Street Grade Separat, Consultant Cost Proposal EXHIBIT G-3 Sub -Consultant Analysis of Costs- HDR, Inc. Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Project Manager/Executive 231 $47.00 $10,857 Railway/project Engineer 308 34.00 $10,472 Bridge/Structure Engineer 222 30.00 $6,660 Planner - $0 CADDITechnician 378 22.00 $8,316 Clerical 12 19.00 $228 Direct Salary Cost Total 1151 Salary Esculation for 1998 (5%) (Assumes 15 mo. Schedule with 9 mo. in FY98) Diirect Salary Cost Overhead Cost 167% of DSC Net Fee 12.00% of DSC & OH Reimbursables Travel/Parking Computer Reproduction/Postage Communications SUBTOTAL SUBTOTAL $36,533 $1,370 $37,903 $63,298 $12,144 $113,345 $2,768 $3,450 $2,862 $250 $9,330 TOTAL $122,675 City NTukwila Public Works Dopp mnt South 180thGh8e Grade Consultant Cost Proposal EXHIBIT G-4 Sub -Consultant Analysis of Costs- CTS Engineers, Inc PERSONNEL Hours Pay Rate Cost Project Engineer - $0 Senior Engineer - $O Field Crew 222 38.00 $8.486 CAOO/Teohnioian 208 20.50 $4'264 Clerical $D Direct Salary Cost Total in $14,546 Salary Eaou|aUmnfor 1988(596)(Assumes 15mq.Schedule with 0mn.inFY98) $545 Diirect Salary Cost $15,092 Overhead Cost 164.50% ofUSC $24.826 Net Fee 12I0% nfU5C@{}H SUBTOTAL $44.708 Reimbursables Travel/Parking $200 Computer $O Reproduction/Postage $200 Communications $0 SUBTOTAL $400 TOTAL $45,108 City of Tukwila Public Works DepE, ant South 180th Street Grade Separab,.. Consultant Cost Proposal EXHIBIT G-5 Sub -Consultant Analysis of Costs- Transpo Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Project Executive 4 $ 45.90 $184 Project Manager 36 38.00 $1,368 Senior Engineer 68 26.00 $1,768 Project Enginer 10 17.50 $175 CADD/Technician - $0 Clerical 16 17.50 $280 Direct Salary Cost Total 134 Salary Esculation for 1998 (5%) (Assumes 15 mo. Schedule with 9 mo. in FY98) Diirect Salary Cost Overhead Cost 184.00% of DSC Net Fee 12.00% of DSC & OH Reimbursables $3,775 $142 $3,916 $7,206 $1,335 SUBTOTAL $12,456 Travel/Parking $150 Traffic Counts $400 Reproduction/Postage $0 Communications $50 SUBTOTAL $600 TOTAL $13,056 City of Tukwila Public Works DepE )nt South 180th Street Grade Separate,... Consultant Cost Proposal EXHIBIT G-6 Sub -Consultant Analysis of Costs- Pharos Corporation Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Project Manager/Executive 0 $ 26.00 $0 Project Engineer 0 17.00 $0 Senior Engineer - $0 Planner - $0 CADD/Technician - $0 Clerical - $0 Direct Salary Cost Total M ;ng Salary Esculation for 1998 (5%) (Assumes 15 mo. Schedule with 9 mo. in FY98) $0 Diirect Salary Cost $0 Overhead Cost 167.90% of DSC $0 Net Fee 12.00% of DSC & OH $0_ Reimbursables Travel/Parking Computer Reproduction/Postage Communications SUBTOTAL $0 $0 $0 $0 $0 SUBTOTAL $0 TOTAL $0