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HomeMy WebLinkAboutTIC 2019-05-21 Item 2B - Agreement - West Valley Highway (I-405 - Strander Boulevard) Consultant with TranTech EngineeringAllan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director //,, BY: Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: May 17, 2019 SUBJECT: West Valley Highway (1-405 — Strander Blvd) Project No. 99310410 Consultant Selection and Agreement ISSUE Authorize the Mayor to execute a consultant agreement with TranTech Engineering, LLC in the amount of $531,938.00 to provide preliminary engineering design services for the West Valley Hwy (1-405 — Strander Blvd) Project. BACKGROUND The West Valley Highway (SR 181) Project will construct a third northbound lane from Strander Blvd to S 156th St and will construct missing sidewalk sections on the east side. A widened shared -use path will be designed on the west side between Longacres Way and the newly widened sidewalks adjacent to the Southcenter Pedestrian Bridge. A new pedestrian signal across West Valley Hwy will be constructed, pending approval from WSDOT. Additionally, pedestrian and bicycle improvements on Longacres Way will be designed. The City issued a Request for Proposals (RFP) for the West Valley Hwy project in February 2019. Three firms responded to the (RFP): TranTech Engineering, LLC; KPFF, and SCJ Alliance. All three firms were deemed highly qualified and all were invited to interview. ANALYSIS After scoring the proposals and conducting interviews, staff selected TranTech Engineering, LLC, as the most qualified. After negotiations, the attached Consultant Agreement was developed. Firm Rank TranTech 1 KPFF 2 SCJ Alliance 3 FINANCIAL IMPACT The design fee is $531,938.00 and the available budget funds for 2019 are $532,000.00 RECOMMENDATION Council is being asked to approve the consultant agreement with TranTech Engineering, LLC in the amount of $531,938.00 for the design of the West Valley Hwy Project and to consider this item on the Consent Agenda at the June 3, 2019 Regular Meeting. ATTACHMENTS • Page 12, 2019 CIP • Consultant Agreement w: pw eng \projects\a-iw & rs projects \west valley highway (99310410)1designlconsultant selectionlinformation memo - consultant selection 5-21-19.docx 9 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 PROJECT: West Valley Hwy (1-405 - Strander Blvd) Project No. 99310410 Design and construct completion of seven lane sections of West Valley Hwy with curbs, gutters, storm DESCRIPTION: drainage, lighting and traffic control, and a pedestrian activated signal near the Southcenter Pedestrian Bridge. Shared use path on west side of West Valley Highway from the pedestrian bridge to Longacres Way S. JUSTIFICATION: Safety and capacity items need completion. Portions have been completed by development. Combined with W Valley Hwy/S 156th Intersection in 2017. Continuing to work with development. Grant STATUS: funding obtained for design and construction of West Valley Highway section. No funding for construction Longacres Way identified yet. MAINT. IMPACT: Reduced maintenance. Project is on Traffic Impact Fee List. Grants from Federal CMAQ awarded for $628k that includes $112k for COMMENT: design of sidewalk/bike path on Longacres Way (S 158th St) and State Transportation Improvement Board grant of $2.4m for 2018/2020. FINANCIAL Through Estimated in $000's 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design 16 60 472 548 Land (R/W) 100 100 Const. Mgmt. 430 430 Construction 2,765 2,765 TOTAL EXPENSES 16 60 572 3,195 0 0 0 0 0 3,843 FUND SOURCES Awarded TIB Grant 58 350 2,026 2,434 Awarded CMAQ Grant 187 441 628 Mitigation 0 Traffic Impact Fees 35 213 248 City Oper. Revenue 16 2 0 515 0 0 0 0 0 533 TOTAL SOURCES 16 60 572 3,195 0 0 0 0 0 3,843 2019 - 2024 Capital Improvement Program 12 10 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): TranTech Engineering, LLC Address 2646 RW Johnson Blvd., SW Ste 112, Tumwater, Federal Aid Number UBI Number 602507862 Federal TIN or SSN Number 68-0607809 Execution Date Completion Date 1099 Form Required LI Yes No Federal Participation Yes LI No Project Title Tukwila West Valley Highway (1-405 to Strander Boulevard) Description of Work The project consists of preparing preliminary engineering preparing final design & contract documents for improvements preparing preliminary engineering design and environmental design, environmental studies and permitting, and to West Valley Highway (SR 181) as well as studies and permitting for improvements to the highway to 7 lanes, bridging over the signal, a shared use sidewalk and other related Longacres Way. The proposed improvements include widening 60-inch Seattle Public Utilities water main, a new pedestrian engineering tasks. ROW acquisition is not anticipated. 0 Yes 0 No DBE Participation 0 Yes 0 No MBE Participation 0 Yes 0 No WBE Participation 0 Yes El No SBE Participation Total Amount Authorized: 531,938.00 Management Reserve Fund: 0 Maximum Amount Payable: 531,938.00 Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation/SBE Plan Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub -consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 c1 14 Revised 03/29/2019 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Tukwila hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and perfotinance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be perfoiiiied under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 22 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 oi14 Revised 03/29/2019 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified film they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perfoiiii a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non -minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Cyndy Knighton Agency: City of Tukwila Address: 6300 Southcenter Blvd., Suite 100 City: Tukwila State: WA Zip: 98188 Email: Cyndy.Knighton@TukwilaWA.gov Phone: (206) 431-2450 Facsimile: (206) 431-3665 If to CONSULTANT: Name: Grant Griffin, P.E. Agency: TranTech Engineering, LLC Address: 2646 RW Johnson Blvd. SW, Suite112 City: Tumwater State: WA Zip: 98512 Email: ggriffin@trantecheng.com Phone: (360) 810-2032, ex 102 Facsimile: (425) 453-6779 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of3 14 Agreement Revised 03/29/2019 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this infoiniation by either the prime CONSULTANT or any of their sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 V14 Revised 03/29/2019 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: !!,, Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of14 Revised 03/29/2019 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 gf66 14 Revised 03/29/2019 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the subcontractors and successors in interest, agrees to • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) CONSULTANT, for itself, its assignees, sub -consultants, comply with the following laws and regulations: • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21. • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is teliuinated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 oft 14 Revised 03/29/2019 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perfoirn is without the CONSULTANT's or its employee's fault or negligence, the telutination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of88 14 Revised 03/29/2019 XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary infolination, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary infoutation, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 ofg 14 Revised 03/29/2019 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Cyndy Knighton Agency: City of Tukwila Public Works Department Address: 300 Southcenter Blvd., Suite 100 City: Tukwila State: WA Zip: 98188 Email: Cyndy.Knighton@TukwilaWA.gov Phone: (206) 431-2450 Facsimile: (206) 431-3665 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of0 14 Revised 03/29/2019 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the Willis and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 gf114 Revised 03/29/2019 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the teirits hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of infoiniation. The CONSULTANT agrees to hold the State's Confidential Infoiniation in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such. infoiniation for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Infoxniation received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: 22 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 o?14 Revised 03/29/2019 Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY'S said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: 3 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 03/29/2019 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, `BSI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its teiins, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 99. Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of14 Revised 03/29/2019 Exhibit A Scope of Work Project No. See attached Exhibits Agreement Number: Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 12of 1 EXHIBIT A SCOPE OF WORK West Valley Highway (Strander Blvd to 1-405) Improvements Project The City of Tukwila (AGENCY) has retained TranTech Engineering, LLC (CONSULTANT) to provide a complete Contract Documents package for the West Valley Highway (Strander Blvd to 1-405) Improvements (PROJECT) in Tukwila, Washington. The following describes the Scope of Work (SCOPE) for this PROJECT. The work to be performed by the CONSULTANT consists of preparing preliminary engineering design, environmental documentation, and final contract documents for improvements to West Valley Highway (SR 181). The proposed improvements include widening the SR181 to 7 lanes, potentially bridging the 60-inch Seattle Public Utilities water main, a potential new pedestrian signal, a shared use path, and other related engineering tasks. The CONSULTANT will also prepare preliminary engineering design, environmental documentation, and "shelf ready" plans for improvements to one or both sides of Longacres Way from SR 181 to the entrance of Sound Transit's "Tukwila Station". r All scoped Bid Documents, Memorandums, Permits, and Reports shall be developed in accordance with the latest editions and amendments of the following documents to the greatest extent feasible: AGENCY Publications: 1. Municipal Code; 2. "Infrastructure Design and Construction Standards" — 2019; 3. "Surface Water Comprehensive Plan" — 2013; STATE Publications: 1. "Standard Plans for Roads, Bridge, and Municipal Construction" (M 21-01); 2. "Design Manual" (M 22-01); 3. "Plans Preparation Manual" (M 22-31); 4. "Environmental Manual" (M 31-11); 5. "Local Agency Guidelines" Manual (M 36-63); 6. "Construction Manual" (M 41-01); 7. "Standard Specifications for Road, Bridge, and Municipal Construction" (M 41-10); 8. WSDOT Amendments, General Special Provisions (GSPs), and Local Agency (APWA) approved GSPs. American Association of State Highway and Transportation Officials Publications: 1. "A Policy on Geometric Design of Highways and Streets" West Valley Highway (Strander Blvd to 1-405) Improvements 1 26 US Department of Transportation Publications: 1. "Manual on Uniform Traffic Control Devices for Streets and Highways" Other Publications: 1. "Public Rights -of -Way Accessibility Guidelines" — 2005; 2. "National Electrical Code"; 3. "National Association of City Transportation Officials Urban Street Design Guide" 4. "National Association of City Transportation Officials Bikeway Design Guide" 5. "King County Surface Water Design Manual" — 2016; 6. Other applicable City and County publications. 7. National CAD Standards Engineering Software: 1. Engineering software: SAP2000 or CSI Bridge; Group v.2016; LPile v.2016; XTRACT; spColumn v.7; Mathcad v.15 2. CAD software: AutoCAD and Civil 3D (VERSION 2018) 3. Scheduling software: Microsoft Project or Excel 4. Microsoft Office, Word, Excel English units shall be used for plans, engineering, and environmental documents. r The project team is composed of the following entities: • Client — City of Tukwila (AGENCY) • Prime Consultant—TranTech Engineering, LLC (CONSULTANT) • Subconsultant — Perteet, Inc. (PERTEET) — Roadway and Stormwater Management Design Support • Subconsultant — TranspoGroup USA, Inc. (TRANSPO) — Traffic Analysis and Traffic Signal Design • Subconsultant — Landau Associates, Inc. (LAI) — Environmental Permitting Documentation and Geotechnical Services • Subconsultant —1 Alliance Geomatics, Inc. (1AG) — Survey & Topographic Mapping West Valley Highway (Strander Blvd to 1-405) Improvements 2 27 r This SCOPE provides for complete Plans, Specifications, and Estimates (Contract Documents) for the PROJECT. The SCOPE is anticipated to be completed within the relative timeframes shown in the milestone schedule. The key schedule milestones are shown below. A complete baseline schedule for the PROJECT will be prepared following notice to proceed. The primary objective of this work is to provide a viable design concept for the segment of West Valley Highway (WVH) between Strander Blvd and the southerly 1-405 interchange ramps (South 156th Street) and to advance the proposed solutions, as approved by the AGENCY, to the full design level including preparation of Contract Documents for advertisement. This PROJECT will include significant coordination with WSDOT, SPU, Sound Transit, PSE, Union Pacific Railroad, and other affected area stakeholders. The approximate duration for the development of the final contract documents is expected to take seven (7) or more months. The consultant contract will have the option to amend the SCOPE for additional right-of-way procurement, engineering and construction management services during the PROJECT's construction phase, or other design elements discovered during design. r i ■ The CONSULTANT reserves the right to shift funds within the Contract between Tasks, and between members of the CONSULTANT team during the prosecution of the work. The Consultant's services shall be limited to those expressly set forth herein. If the service is not specifically identified herein, it is expressly excluded. The Consultant shall have no other obligations, duties or responsibilities associated with the project except as expressly provided in this Agreement. Changes in the detail of work beyond what is described in this SCOPE will be made as requested by the AGENCY and authorized by amendment as "Out -of -scope" Work. ■ Direct coordination by the CONSULTANT with outside agencies, groups, or individuals is approved by the AGENCY with the understanding that the CONSULTANT will always include the AGENCY in all such correspondence. ■ The CONSULTANT will support the AGENCY's Public Works Department. When alternatives are being considered or decisions are being made, the AGENCY will make all final decisions. For any field investigations requiring the permission of private landowners whose property would be visited will be the responsibility of the AGENCY with the support of the CONSULTANT. Permission must be obtained prior to significant fieldwork on privately owned land. The AGENCY will provide all available as -built plans, bridge records, inspection reports, previous study findings, and calculations germane to the PROJECT to the CONSULTANT in a timely manner. Right -of -Way support is not included in the SCOPE. Any Right -of -Way services requested of the CONSULTANT by the AGENCY will be processed as a future Supplement to this Agreement. West Valley Highway (Strander Blvd to 1-405) Improvements 3 28 The CONSULTANT will provide the AGENCY with a complete listing, including parcel numbers, where Title Reports are required for identifying ownership and easements of real property within the PROJECT limits. The AGENCY will order and provide payment for all necessary Title Reports and provide a copy to the CONSULTANT as they become available. The CONSULTANT is responsible only for meeting deadlines for their tasks and has no control over those portions of the schedule related to the tasks performed by the AGENCY, any third party that is retained by the AGENCY, or any outside reviewing agency including, but not limited to WSDOT, Seattle Public Utilities (SPU), the Union Pacific Railroad (UPRR), and Puget Sound Energy (PSE). The CONSULTANT will cooperate with the AGENCY to the greatest extent feasible to maintain overall PROJECT schedule. ■ Additional subsurface investigation and remedial action associated with any hazardous wastes located within the PROJECT limits are not within this SCOPE. CONSULTANT will provide documentation support as requested based upon data from existing subsurface investigation. Because of the inherent uncertainties in subsurface evaluations, underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the CONSULTANT. ■ The AGENCY may take up to ten (10) business days to review milestone submittals. The AGENCY will be responsible for collecting and reviewing internal AGENCY comments, resolving conflicting comments, and submitting one set of consolidated comments to the CONSULTANT for each submittal (Basis of Design, 30%, 60%, 90%, and 100%). ■ Outside review agencies and stakeholders may have longer review periods that will be determined as the project progresses. ■ Designated AGENCY staff will lead and participate in all stakeholder and designated team meetings throughout the life of contract and review and comment on all deliverables outlined in contract. ■ Utility potholing is not included in this contract except for the SPU 60-inch transmission main. Any other Potholing work will be directed by the AGENCY (with support from the CONSULTANT as requested) and paid for by the AGENCY to either in-house public works equipment operators or an independent contractor when existing utility information is deemed insufficient to adequately identify existing utility locations. West Valley Highway (Strander Blvd to 1-405) Improvements 4 29 Throughout the duration of the PROJECT, the AGENCY will perform services, furnish information, and answer questions on AGENCY standard procedures for plan preparation. The following services will be performed by the AGENCY: ■ Provide available as -built plans, inspection reports, previous study findings and calculations, etc. When necessary, provide meeting location/conference room for all stakeholder meetings throughout the life of this contract. When necessary, designated staff will lead and participate in all stakeholder meetings throughout life of contract. Review and provide comments to the CONSULTANT on all deliverables as outlined in contract. The approximate schedule of milestones is shown below. The schedule below assumes NTP is received by June 12th, 2019. Delayed NTP will affect the dates shown. Milestone Date Notice -to -Proceed June 12th, 2019 Basis of Design June 19, 2019 Basis of Design Comments Due June 26, 2019 Draft 30% PS&E July 17, 2019 Draft 30% PS&E Comments Due July 31, 2019 Draft 60% PS&E September 4, 2019 Draft 60% PS&E Comments Due September 18, 2019 Draft 90% PS&E October 9, 2019 Draft 90% PS&E Comments Due October 23, 2019 Draft 100% PS&E November 13, 2019 Draft 100% PS&E Comments Due November 27, 2019 Final PS&E for Advertisement December 6, 2019 - Days are Calendar Days West Valley Highway (Strander Blvd to 1-405) Improvements 5 30 1.1. rjct is ff a enc r at The CONSULTANT will coordinate execution of the PROJECT and meet periodically with the AGENCY Project Manager and staff. Tasks include: ■ Conduct a kickoff meeting at the beginning of the PROJECT. ■ Develop all necessary SUBCONSULTANT agreements (Perteet, TranspoGroup, Landau, and 1 Alliance) ■ Meet with the AGENCY Project Manager and/or staff periodically, including coordination review of all milestone submittals. ■ CONSULTANT project manager will meet via phone with the AGENCY project manager on an as - needed basis (assumed bi-weekly) for duration of project. The CONSULTANT project manager and project engineer will meet with AGENCY project manager as needed for duration of project. 1®. r ject the le The CONSULTANT will create a schedule in Microsoft Project to be distributed and updated to the PROJECT team and AGENCY periodically. ■ Develop the PROJECT delivery schedule and provide updates as changes occur. This scope assumes a total of two delivery schedule revisions during the duration of the PROJECT. 1. c nsultant r intin The CONSULTANT will provide direction to the SUBCONSULTANTs and review of their work over the course of the PROJECT. ■ Monthly monitoring of the SUBCONSULTANT's design budget will occur over the course of the PROJECT. Status, as well as projections, will be developed. ■ The CONSULTANT will monitor SUBCONSULTANT costs and budgets, and propose corrective actions, if necessary. This may include formal SCOPE and/or budget modifications. ■ The CONSULTANT project manager will provide direction to the PROJECT team and conduct PROJECT coordination meetings with appropriate task leaders. 1.. I terl project Te eetin s an Fiel isits CONSULTANT team will meet in -person up to 2 times during the PROJECT in addition to the project kickoff meeting. This task includes hours for field visits by CONSULTANT staff. SUBCONSULTANT field visit hours are captured in their respective tasks. 1. . Octrnitrin a e ti The CONSULTANT's project manager will monitor the PROJECT planned budget versus actual progress. CONSULTANT will prepare and submit an invoice and a brief progress report monthly that reflects progress over the previous billing period and anticipated activities over the next billing period. The monthly progress report will include a summary of any identified variances from the budget and schedule, reason(s) for the variance, and proposed corrective action(s). West Valley Highway (Strander Blvd to I-405) Improvements 6 31 Task #1 Assumptions ■ The CONSULTANT'S Project Manager and/or project engineer will meet (face-to-face) with the AGENCY Project Manager up to five (5) times. ■ This task assumes two in -person CONSULTANT team meetings/field visits in addition to the Kickoff meeting. ■ Internal PROJECT team coordination meetings will be held at most on a bi-weekly basis during PROJECT duration. These meetings will be in addition to the coordination meetings held with the AGENCY but budgeted as part of the specific work tasks. Task #01 eliverables ■ Meeting Agendas in electronic format (MS Word) as needed ■ Meeting Minutes in electronic format (MS Word) as needed ■ Monthly Invoices and Progress Reports West Valley Highway (Strander Blvd to 1-405) Improvements 7 32 Sis si The Basis of Design (BOD) is intended to document the selection of the preferred alternative, including selection of the design elements that are included in the preferred alternative. It provides an opportunity to discuss the primary reasoning for choosing the preferred alternative and explains the choice in terms of meeting the project need, understanding the context, and making performance -based decisions that consider performance trade-offs. The BOD is necessary to support WSDOT's practical design approach. The BOD includes the following information and sections: Planning Document Summary General Project Information Project Needs Context Design Controls o Design Year o Terrain Classification o Modal Priority o Access Control o Design Speed o Design Vehicle Alternatives Analysis Design Element Selection The CONSULTANT will coordinate with the AGENCY and WSDOT for the development of the BOD. This assumes up to two (2) meetings — Kickoff and BOD draft review, with up to 2 Consultants meeting with WSDOT at their NW Region Headquarters in Shoreline. CONSULTANT will prepare both a draft, and a final BOD for the project. The draft BOD will be circulated to AGENCY and WSDOT staff for review and comment. AGENCY staff will consolidate all comments into one package for response by the CONSULTANT. The CONSULTANT will prepare a response to each comment received, and then conduct one (1) meeting with AGENCY staff to reconcile any outstanding comments. After reconciling comments at this meeting, the CONSULTANT will prepare and submit a final BOD to the AGENCY and WSDOT for approval. CONSULTANT will prepare and submit to the AGENCY the Final BOD on a roll plot drawing as the preferred project footprint. The roll plot drawing will include a plan view of the PROJECT footprint. ssu ptions ■ The CONSULTANT team will not be involved in any required City Council meetings associated with the BOD or any potential speed limit changes. West Valley Highway (Strander Blvd to 1-405) Improvements 8 33 e|ivenab|es • Draft and final BOD submitted via e-mail in PDF format. • Preliminary (lU%)Design roll plot drawing West Valley Highway (Strander Blvd to 1-405) Improvements 9 34 Survey Limits The westerly survey limits along West Valley Highway will extend 5-feet west of the westerly existing right-of-way, except for that portion of the Green River being just north of the existing pedestrian bridge and south of Ramada Inn, where the limits will extend to the toe of slope or edge of water. The northerly survey limits will extend 100- feet north of the intersection of West Valley Highway and S. 156th Street. The southerly survey limits extend to the southerly edge of the northerly crosswalk at the West Valley Highway & Strander Boulevard intersection. The easterly survey limits will be 5-feet east of the easterly right-of-way. Surveying also includes mapping Longacres Way from the intersection of West Valley Highway, easterly, to the access to Sound Transit's Tukwila Station. The northerly limits of Longacres Way to Nelson Place will be approximately 5-feet beyond the right-of-way or to the existing building faces. From Nelson Place running easterly the northerly limits will be to the face of curb. The southerly limits along Longacres Way will be 5-feet beyond the right-of-way margin. .1. u ry ject a a ent inistratin® a/ This task includes the survey project management, administrative duties, and quality control required for a project of this complexity and magnitude. Depending on the project requirements, 1 Alliance will assign a Survey Project Manager, Assistant Project Manager, and Survey Quality Leader for this project. This survey effort will be under the direct supervision of a Washington State Licensed Land Surveyor. urve t This task includes the establishment of survey control, or the recovery of existing survey control, as required for the project. Typically, survey control will be set, found, or referenced utilizing Real Time Kinematic (RTK) GPS (GLASS) and the Washington State Reference Network (WSRN) in conformance with industry standards. This survey control is then typically propagated, as required, utilizing standard terrestrial total station measurements. Horizonal Datum - NAD83/91 Washington State Plane Coordinate System, North Zone, US Survey Feet. Vertical Datum - North American Vertical Datum of 1988 (NAVD 88). Survey control will be set outside of the expected project extents to ensure a good basis for this project's future construction. Cadastral monumentation local to the site, as available, will be tied into this survey, to aid in resolution of the ROW in the project area. Fii urve ink an a in This task includes the field surveying and mapping for the support of improvements for design within the described limits. 1AG proposes using ground -based terrestrial 3D Laser scanning methods for mapping and conventional mapping methods for the obscure areas. Topographic mapping will include channelization, sidewalks, curbs, asphalt, gravel, paths, ramps, concrete, poles, overhead wires & sag points, railroad features, drainage courses, top & toe of slopes, swales, culverts, visible surface utilities West Valley Highway (Strander Blvd to I-405) Improvements 10 35 and painted underground utility marks, trees 8" and larger at breast height (dbh), ground elevations and breaklines sufficient to create 1-foot contours. Storm drainage and sanitary sewer structures will be measured internally. Up to two Pothole locations will be surveyed. office rcessin This task includes the office processing of the collected survey data, data extraction, field -book note reductions, CADD drafting, and other duties required for the generation of the deliverables. For 3D laser scanning efforts, tasks include the registering of point clouds; evaluating the registrations; exporting the point cloud data to Civil3D; creating or picking of appropriate points in Civil3D; Linework and Layering, and standard CADD drafting of the deliverables, as required. f a , r ert Lines Ease ent es It 1AG will resolve the existing right-of-way and adjacent parcel boundaries within the project area including all recorded easements. It is estimated that approximately 10 title reports will be needed to show the existing easements along the easterly project corridor and Longacres Way. A complete Title Reports listing will be provided to the AGENCY. The AGENCY will order and pay for the Title Reports which will be provided to the CONSULTANT upon receipt. Assu tions ■ The AGENCY will provide approximately 10 title reports with underlying documents. ■ The AGENCY shall obtain Right -of -Entry (ROE) for any mapping within UPRR right-of-way at track level if there is design justification. This scope and fee proposal assumes all survey will be performed below the UPRR trestle. ■ Right -of -Entry (ROE) access for surveying for properties is not necessary per the AGENCY. ■ Tree Tags and driplines for significant trees within the shoreline buffer are a part of the scope of services. ■ Surveying of wetland and OHWM flags are not included under this scope of work. ■ Washington Utility Notification Center will be requested to mark the underground utilities. This is a free service; however, the lack of response may require a private utility location service. Should a private utility location service be needed, this service will be coordinated by 1AG as part of a future supplemental agreement. ■ Due to the use of 3D Laser scanning technology, traffic control is not anticipated or budgeted. ■ 1AG personnel will not access any area that is unsafe for any reason. ■ 1AG will notify TranTech of any unsafe working conditions. ■ 1AG is not responsible for any delays due to unsafe working conditions. eliverables ■ Project Basemap at 1" = 20' scale, 1-foot contours. ■ 2018 AutoCAD Civil 3D file of Project Basemap in 1AG CAD drafting standards. ■ 2018 AutoCAD Civil 3D CAD digital terrain model (DTM) drawing file. ■ 2018 AutoCAD Civil 3D Land XML-compatible digital terrain model (DTM) file. West Valley Highway (Strander Blvd to 1-405) Improvements 11 36 t Iin the S inch Tans issln yin The potholing will be accomplished by a qualified contractor under subcontract to 1AG. the task of locating the limits of pipe casing for Seattle Public Utility's (SPU) 60-inch transmission main crossing WVH just north of the Chevron gas station. It is estimated that the casing extends to the toe of the existing roadway slope. To perform this work, the subcontractor will utilize an Air Vacuum Excavation System to obtain utility location and depth information. Assuptions ■ After the limits of WVH right-of-way and utility easements are defined, a preconstruction meeting will occur between the Agency, SPU, and the CONSULTANT, to discuss the work involved, discuss procedures, and receive approval to perform the work ■ The Subcontractor shall air vacuum excavate (1) test -hole to obtain depth on an existing 60" water line. • The utility lies between 0' and 10' in depth. ■ At this time all test -holes are assumed to be located in the existing soft surface. If a test -hole falls in the hard surface APS, Inc. shall jackhammer the existing asphalt 12" x 12" in size. • APS, Inc. shall backfill all test -holes with a material approved by City of Tukwila (5/8" crushed rock, sand, pea gravel, etc.). ■ CDF backfill is excluded in this scope. Should the Agency require additional restoration, the Subcontractor will be notified, and a new scope will be provided for the additional restoration cost. ■ Restoration will be 5/8" crushed rock backfill. This patch will carry a 2-year warranty from the date the test -hole was completed. ■ All traffic control plans will be drawn and submitted by the Subcontractor. e iverables ■ Test -hole data sheets, which include Top, Bottom, Width, Diameter and Direction of the utility. • Excel spread sheet containing all test -hole data for the project. ■ Hub with measurements left at grade ■ Photos of all found utilities. West Valley Highway (Strander Blvd to 1-405) Improvements 12 37 c is I etec nicaI esearc SS ec en S S This task includes the completion of a field exploration and laboratory testing program, the results of which will be used to develop geotechnical recommendations for the project. Geotechnical recommendations related to retaining wall and engineered slope design will be provided. 4.1.1. Field Explorations and Laboratory Testing Landau Associates, Inc. (LAI) proposes to advance four hand auger explorations to characterize subsurface conditions in the vicinity of the proposed retaining wall and engineered slope. Each hand auger exploration will be advanced to a maximum depth of 4 to 5 feet (ft) below the existing ground surface (bgs). Prior to conducting the field investigation, a LAI representative will mark the exploration locations in the field and arrange for an underground utility locate (1 800... call before you dig). LAI will also arrange for a private utility locate at each of the exploration locations, if required. LAI will conduct geotechnical laboratory testing in our laboratory on representative soil samples obtained from the exploratory borings and test pits to aid in their classification and determination of engineering properties. Geotechnical testing is expected to consist of 2 index tests (either mechanical sieve analysis or Atterberg limit determinations). 4.1.2. Geotechnical Evaluation, Reporting, and Meetings LAI will complete geotechnical engineering analyses and develop recommendations to support design of the proposed retaining wall, including: ■ Seismic design criteria, including an evaluation of liquefaction and lateral spreading potential. ■ Recommendations for earthwork and site preparation including: clearing, stripping, and grubbing; the suitability of onsite soils for reuse in structural fill; imported structural fill requirements, subgrade preparation; and placement and compaction of structural fill. ■ Recommendations for retaining wall design including: foundation subgrade preparation, design parameters, nominal bearing pressure, anticipated foundation settlement, and wall backfill and drainage considerations. ■ Recommendations for engineered slope design. The results of our field explorations and geotechnical engineering analyses will be summarized in a draft technical memorandum. The report will include a site plan showing the exploration locations, summary logs of conditions observed in the explorations, results of the geotechnical laboratory testing, and a discussion of subsurface soil and groundwater conditions at the locations of the explorations. An electronic copy of the technical memorandum will be submitted for review by the project team. Upon receipt of comments, LAI will prepare and submit a final technical memorandum. ssu ptions: It will not be necessary for LAI's geotechnical staff to attend a project kick-off meeting. West Valley Highway (Strander Blvd to 1-405) Improvements 13 38 ■ Field work will be performed during normal business hours (i.e., no night or weekend work is planned or will be required). ■ There is adequate space in the vicinity of the proposed retaining wall to advance the explorations proposed herein. ■ It is feasible to support the proposed retaining wall on shallow foundations. ■ The SPU water line is cased for the full width of the WVH right of way, and therefore does not need to be bridged ■ Signal standard foundations recommendations, if needed, will be provided at a later date under a separate scope and budget. ■ Pavement section recommendations, if needed, will be provided at a later date under a separate scope and budget. ■ Stormwater infiltration recommendations, if needed, will be provided at a later date under a separate scope and budget. ■ Construction support activities, if needed, will be provided at a later date under a separate scope and budget. Deliverables: ■ An electronic (MS Word) copy of the draft technical memorandum. ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final technical memorandum. West Valley Highway (Strander Blvd to 1-405) Improvements 14 39 it I r i i r 1 s ss ci LAI understands that the AGENCY has obtained federal funding assistance for the project from the Federal Highway Administration (FHWA) and to be administered through WSDOT. The AGENCY anticipates that National Environmental Policy Act (NEPA) documentation prepared in association with federal funding will be adopted as the State Environmental Policy Act (SEPA) environmental analysis pursuant to WAC 197-11-630 and Chapter 21.04.230 of the Tukwila Municipal Code (TMC). This task covers consulting services to coordinate with regulatory agencies and to prepare required permit applications and associated environmental documentation to obtain agency approvals for the proposed project. .1. Tea are- Iicati n e t s LAI will assist in scheduling and participate in pre -application meetings, as needed, with the AGENCY, Washington State Department of Transportation (WSDOT) and Washington Department of Fish & Wildlife (WDFW) to coordinate permit conditions for the project. Time is included to respond to WDFW comments on application materials prepared in Task 5.6, as described below. This task includes participation in at least two scoping meetings with WSDOT Local Programs, FHWA and/or other potential state/federal funding agencies to coordinate environmental documentation requirements associated with federal funding. Assuptions: ■ Three agency meetings at the project site are included in this task. ■ All time budgeted for meetings and workshops include travel time and the deliverables mentioned in this task. ■ No additional studies will be required as part of the response to agency comments. eliverables: ■ Meeting summaries will be provided in e-mail correspondence. ■ Response to agency comments will be provided in e-mail correspondence. T cal virn ent c ical xclsi LAI will prepare a preliminary version of the WSDOT Local Programs NEPA Categorical Exclusion (CE) Form (formerly the Local Agency Environmental Classification Summary). The purpose of the preliminary NEPA CE form is to facilitate discussion with WSDOT Local Programs to determine subsequent NEPA compliance needs. To complete the preliminary version of the CE form, LAI will compile and review environmental information from readily available public domain resources to gain a general understanding of relevant environmental resources along the project corridor. West Valley Highway (Strander Blvd to 1-405) Improvements 15 40 Task 5.1 includes participation in scoping meetings with WSDOT Local Programs/FHWA regarding documentation requirements associated with federal funding. At a minimum, this scope of services assumes that the NEPA CE form will include a Hazardous Materials Linear Corridor Screening Assessment (see Task 5.3), effect determination for species listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) evaluation (see Task 5.4), documentation of a wetland/waterway delineation, and compliance with Section 4(f) of the US Department of Transportation Act of 1966 (Task 5.10). The NEPA CE form will also require a discussion of stormwater treatment and detention, which will be based on design and information provided by TranTech. Assumptions: ■ The proposed project has received funding from FHWA administered through WSDOT Highways and Local Programs. • The proposed project will be determined to be a Class II Documented Categorical Exclusion (DCE) and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. ■ NEPA documentation prepared in association with federal funding will be adopted as the State Environmental Policy Act (SEPA) environmental analysis pursuant to WAC 197-11-630 and Chapter 21.04.230 of the Tukwila Municipal Code (TMC). ■ The project will comply with exemption from Section 106 of the National Historic Preservation Act. ■ Noise, Section 6(f), Floodplain, and Environmental Justice analyses will be documented in the CE form. Individual discipline reports and modeling/impact evaluation efforts will not be required for these elements of the environment. ■ Wetlands/waterways impacts will be avoided. ■ A wetland/waterway delineation memorandum will be adequate to document potential wetland/waterways that occur within the study area. • No acquisition of right-of-way will be required for the project. eliverables: ■ An electronic (Adobe PDF (& MS Word if available)) copy of the draft NEPA CE form. • An electronic (Adobe PDF (& MS Word if available)) copy of the final NEPA CE form. iaz r us aerials Linear Cirri r creenin LAI will conduct a screening -level assessment of sites along the project corridor for the potential presence of contamination. The screening -level assessment of the project corridor will include the following components: Reviewing available aerial photographs to assess past uses of the project corridor and adjacent properties from the present back to their first developed use, or back to 1940, whichever is earlier. Reviewing listings from a subcontracted database service (Environmental Data Resources Inc.) of confirmed and suspected contaminated sites within a 1-mile radius of the project corridor abstracted from US Environmental Protection Agency (EPA), tribal, and Ecology environmental databases. Reviewing reports documenting previous environmental investigations completed at sites along the project corridor (if available from the AGENCY and/or WSDOT). Conducting a site reconnaissance of the project corridor to visually and physically observe current land -use activities and environmental conditions. West Valley Highway (Strander Blvd to 1-405) Improvements 16 41 LAI will request and collect information from Ecology to further evaluate the sites of potential hazardous and problem waste concerns for the project that were identified in the regulatory database search or site reconnaissance, if any. This task will include: o Visiting Ecology's Northwestern Regional office in Bellevue, Washington to review documents available from the agency files and to request copies of relevant information related to environmental conditions at sites along the project corridor o Reviewing/photocopying pertinent documents/information. The data collected will be summarized in a technical memorandum. Assu ptions: ■ A Hazardous Materials Discipline Report to address hazardous and problem waste may be required by WSDOT based on its review of the preliminary NEPA CE form. Preparation of a Hazardous Materials Discipline Report is not included in this scope of services. The level of detail and report format for a Hazardous Materials Discipline Report is dependent on the project activities, and type and number of potential hazardous material impacts identified. A scope and cost estimate to complete a Hazardous Materials Discipline Report, if required by WSDOT, will be provided following receipt of review comments from WSDOT regarding the preliminary NEPA CE form. ■ The hazardous materials corridor screen technical memorandum will not meet the requirements of a Phase I environmental site assessment under ASTM E1527-13. ■ Building interiors will not be accessed as part of the site reconnaissance. ■ Conditions at immediately adjoining properties may not be observable from public access areas and, as a result, may not be identified during the site reconnaissance. ■ No right-of-way acquisition will be required for the project. eliverables: ■ An electronic (MS Word) copy of the draft Screening -Level Hazardous Materials Linear Corridor Report ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final Screening -Level Hazardous Materials Linear Corridor Report. ection 7 of t e En anere ecies nson®Stevens ct Essential Fis Ioical ssess ent valuation LAI will prepare a BA for selected species federally listed as threatened or endangered in the action area under the ESA and an EFH Evaluation for the proposed project. LAI will obtain updated species lists from agency websites, request site -specific species and habitat information from the WDFW Priority Habitats and Species database, and review information from the Washington Natural Heritage Program. Evaluation of specific project details, such as construction techniques and equipment used, timing of construction, and best management practices (BMPs) will be based on information provided by TranTech. The report will establish the project action area, which incorporates the furthest extent of both aquatic and terrestrial impacts. Appropriate environmental baseline information and species history will be summarized West Valley Highway (Strander Blvd to 1-405) Improvements 17 42 in the BA. A determination of "no effect" (NE) or "may effect, not likely to adversely affect" (NLAA) is anticipated. The project is not expected to impact EFH. LAI will prepare a draft BA and EFH for review and comment by TranTech and the AGENCY, and then a final document. Assumptions: ■ The BA will be drafted using the current WSDOT template. ■ A 30% to 60% level of design will be sufficient for preparation of the BA and EFH Evaluation report. ■ The project will have a NE or NLAA determination on listed species and/or their designated critical habitat and a formal Biological Opinion will not be required. The project will have no adverse impact to EFH ■ WSDOT BA procedures for calculating the extent of in -water impacts will be used; however, this task does not include water quality modeling using CORMIX modeling software. In -water construction will not be required as part of the proposed project. ■ This task does not include meetings with agency staff from the US Fish & Wildlife Service (USFWS) or National Oceanic and Atmospheric Administration (NOAA) Fisheries. ■ Design and construction details required for permit applications that are not directly related to a Critical Areas determination will be provided to the LAI biologist. Such elements include, but are not limited to, a stormwater drainage report; a temporary sediment and erosion control plan; proposed construction timing, sequencing and duration; and primary types and duration of construction equipment to be used. ■ This task does not include efforts to conduct a 6-month update review of species listings. ■ The scope of work does not include monitoring of any federally listed or state listed species during construction activities. Should any monitoring of these species be required, an addendum to this scope and budget can be prepared. eliverables An electronic (Adobe PDF (& MS Word if available)) copy of the draft BA and EFH Evaluation report. An electronic (Adobe PDF (& MS Word if available)) of the final BA and EFH Evaluation report. $.ultur I R es roes LAI will identify the Area of Potential Effects (APE) in accordance with 36 CFR 800.16(d) and coordinate with the Local Program Engineer and WSDOT archeologist on the APE request and a Section 106 exemption. Assumptions ■ The project will comply with exemption from Section 106 of the National Historic Preservation Act as identified in Appendix J of the WSDOT Local Programs NEPA Categorical Exclusion Guidelines. ■ This task will be limited to preparation of the APE and coordination with the WSDOT archeologist. ■ For this task, TranTech will provide LAI with a detailed project description of the project, project area including areas of ground disturbance and known staging areas, and conceptual plans showing the scope of work and cross -sections. West Valley Highway (Strander Blvd to 1-405) Improvements 18 43 eliverables ■ An electronic (Adobe PDF (& MS Word if available)) copy of the draft APE. ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final APE. reline er it licati n u ittal LAI will prepare documentation as required by the TMC for a shoreline substantial development permit. LAI will complete the AGENCY's Shoreline Permit application and associated documentation and a figure for property owners within 500-feet of the project area. Mailing list labels and other administrative tasks will be coordinated by the AGENCY. Information required as part of the application also includes five (5) copies of the following: ■ Description of project consistency with decision criteria ■ Vicinity map ■ Shoreline site plans (top of bank, landward catch point toe of levee, riverbank toe, mean high water mark, and 100-year base flood elevation, appropriate setbacks, maintenance easements, limits of construction) ■ Sensitive area study documentation and plans ■ Cross sections ■ Landscape plans ■ Civil plans (stamped, signed, and dated by licensed professional engineer). LAI will prepare the City of Tukwila Tree Clearing Permit application, which will be included with the Shoreline Permit application package. The "description of project consistency with decision criteria" listed above will include reference to the AGENCY's tree regulations. Assumptions SEPA checklist will not be required as part of the project application. NEPA documentation prepared in association with federal funding will be adopted as the SEPA environmental analysis pursuant to WAC 197-11-630 and Chapter 21.04.230 of the Tukwila Municipal Code (TMC). The AGENCY will pay all the applicable permit application fees associated with the shoreline permit. LAI staff attendance at a Hearing Examiner meeting is included in this scope of services. A tree size and location survey (the results of which are required to be shown on the plans) will be completed by Perteet and incorporated into the plans. The plan set will include the required Landscape Plan, Site Plan and Sensitive Area Plan, and will be compiled by Perteet. Construction will begin within 2 years of permit approval and be completed within 5 years. The 30% design plans will be suitable for the shoreline permit application, and the AGENCY will waive the requirement that civil plans be stamped, signed, and dated by a licensed professional engineer as part of the permit application. Deliverables ■ An electronic (Adobe PDF (& MS Word if available)) copy of the draft Shoreline Permit application submittal(s). West Valley Highway (Strander Blvd to 1-405) Improvements 19 44 An electronic (Adobe PDF (& MS Word if available)) and required paper copies of the final Shoreline Permit application submittal(s). .7. etlan ater a eat! n LAI will conduct wetland delineations in accordance with the US Army Corps of Engineers (USACE) 1987 Wetlands Delineation Manual and the 2010 USACE Regional Supplement to the Wetland Delineation Manual. The ordinary high-water mark (OHWM) of waterways, will be delineated using guidance provided in Ecology's Determining the Ordinary High -Water Mark on Streams in Washington State. The OHWM for the Green River will be obtained from engineering design drawings and documentation associated with the Pedestrian Bridge Project. LAI will compile and review environmental information from readily available public domain resources to gain a general understanding of potential wetland issues at the site. Public domain resources include, but are not limited to: ■ Natural Resources Conservation Service Soil Survey data ■ National Wetlands Inventory mapping ■ Local Critical Areas mapping ■ US Geological Survey topographic mapping ■ Recent aerial photography. The field investigation will include an examination of vegetation, soils, and hydrology within the project area. Flagging will be placed along the wetland/waterway boundaries and will be confined to the project area. Any wetland/waterway habitat that extends beyond the project area, and within 200 ft (referred to as the study area), will be estimated both visually and using public domain resources to assess extent. Included in this task is time to provide the project surveyors with a hand -sketch of wetland/waterway boundaries to assist the surveyors to locate project flagging. We also included time to review the survey map and request any necessary changes to accurately represent existing wetland/waterway conditions. Wetlands within the study area will be rated in accordance with Ecology's Washington State Wetland Rating System for Western Washington, and buffer widths will be determined in compliance with applicable Critical Areas regulations. Stream typing and buffer widths are based on Chapter 18.45 of the TMC, and the water typing system promulgated in WAC 222-15-131. Assumptions ■ Includes efforts for rating for no more than two wetlands. ■ AGENCY will provide the CONSULTANT any further wetland/waterway delineation information from the Pedestrian Bridge project that it does not already possess. ■ Current project extends beyond delineation limits of the Pedestrian Bridge project. eliverables Sketch of wetland/waterway boundaries. West Valley Highway (Strander Blvd to 1-405) Improvements 20 45 etla ater a in ain Tec nical a ra LAI will prepare a draft Wetland/Waterway Delineation Technical Memorandum with the information obtained from field delineation and ratings completed in Task 4.08. The memo will be acceptable to the AGENCY for shoreline permitting and other regulatory agencies and will include: ■ A summary of the methodology used ■ The size and rating of each wetland and waterway; a characterization of wetland vegetation, soils, and hydrology; and field data sheets ■ A scaled site map showing the locations of wetland/waterway boundaries and buffers, locations of wetland data plots, and site topography ■ Supporting photographs. The draft memo will be provided to TranTech and the AGENCY for review. Comments will be reviewed and incorporated, as appropriate, into a final Wetland/Waterway Delineation Technical Memorandum. The delineation memo will be used in pre -application meetings for the purposes of discussing potential project impacts and determining agency jurisdiction. Assumptions ■ No wetlands or non -shoreline waterways or their buffers are anticipated lying within the project area. Impacts within the project area will be limited to shoreline buffer associated with the Green River. Buffer impacts and mitigation will be addressed in the shoreline permit application. ■ Data for the ordinary high-water line of the Green River adjacent to the project will be obtained from design drawings completed as part of the Pedestrian Bridge Project. ■ The results of the delineation and delineation memo will be used in developing the 30% design. eliverables ■ An electronic (MS Word) copy of the draft Wetland and Waterway Delineation Report. ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final Wetland and Waterway Delineation Report. ® iti ti /Lan sca e Ian Su rt This task consists of the design support services necessary to prepare and complete design drawings that will be required for impacting the shoreline buffer of the Green River. LAI will provide comments to Perteet for incorporation of buffer mitigation into the landscape plans at the 60 percent, 90 percent, and 100 percent levels. ssurptions ■ Perteet will incorporate mitigation in landscape plans and specifications as required by the AGENCY's Shoreline Master Plan (SMP). ■ Irrigation design is not included in this task. ■ Grading design and grading plans are not included in this task. West Valley Highway (Strander Blvd to 1-405) Improvements 21 46 A Temporary Erosion and Sediment Control (TESC) Plan is not included in this scope. Some erosion control design is anticipated, but any erosion control elements are expected to be minor and be coordinated with TranTech for incorporation into the TESC plan(s) prepared by others. eliverables E-mail and/or telephone correspondence providing information needed for project landscape plans for the purpose of fulfilling project mitigation requirements related to shorelines. ecti f c a tenon LAI will prepare the WSDOT Section 4(f) De Minimis Impact Determination form. The form will provide: • A project description ■ A description of Section 4(f) resources (i.e., park and/or historic sites) affected by the project and proposed impacts (including figure) • A summary of public outreach efforts. LAI will prepare a draft form for review and comment by TranTech and the AGENCY, and then a final document. Assumptions ■ Impacts to the Interurban Trail associated with the project meet the requirements of a Section 4(f) de minimis impact. ■ A concurrence letter from the agency with jurisdiction over the Section 4(f) resource will be provided to LAI by the AGENCY or Perteet. eliverables • An electronic (Adobe PDF (& MS Word if available)) copy of the draft Section 4(f) De Minimis Impact Determination form ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final Section 4(f) De Minimis Impact Determination form. West Valley Highway (Strander Blvd to 1-405) Improvements 22 47 Ii r r CONSULTANT shall provide roll plot exhibits and staffing support of the Project Manager and Lead Project Engineer as necessary for one (1) public outreach meeting to held after submittal of the 30% Plans but prior to completing the 60% Contract Documents. The AGENCY will lead all efforts associated with this task including, but not limited to; public notifications, preparation of all other presentation materials, securing the meeting space, coordination and invitation of key stakeholders, and conducting the meeting. eliverables: ■ One roll plot exhibit at no smaller than 1"-20' scale for both WVH and Longacres Way. West Valley Highway (Strander Blvd to I-405) Improvements 23 48 r is Isis r s 7.1. e estria ssin Evaluati TRANSPO will provide a traffic engineering analysis of pedestrian trip generation in the vicinity of WVH between Strander Blvd and Longacres Way to determine if a pedestrian crossing on WVH is warranted and what type of crossing would be justified, if any. TRANSPO will conduct one (1) visit to the project site to observe the existing conditions and gather pedestrian volume data. A vendor under subcontract to TRANSPO will collect traffic data (speed, volume and gaps) on WVH, which will be critical to assessing the need for various crossing treatment options. The vendor will also collect intersection pedestrian counts at the Strander Blvd and Longacres Way intersections during a 2-hour period around both the morning and afternoon peak traffic time periods. During the site visit, TRANSPO will observe vehicle and pedestrian traffic patterns for the morning and afternoon peak traffic periods. Other relevant information about the site, including, but not limited to; existing traffic control, channelization, visibility, lighting, and pedestrian access points will be documented. The data collected will be summarized and used as a basis for evaluation of the need and design of a pedestrian crossing. TRANSPO will document conditions of the roadway network, including speed limits, number of travel lanes, visibility and existing pedestrian facilities. Traffic control, channelization and other relevant characteristics of the right of way will be documented. The crossing alternative will be evaluated against best practices and national research including NCHRP Report 562: Improving Pedestrian Safety at Unsignalized Crossings, the NACTO Urban Street Design Guide, and the FHWA Small Towns and Rural Networks guide. The evaluation will assess the need and recommended enhancements for the safety and comfort of a new mid -block pedestrian crossing. The evaluation will address the following questions: • Is a mid -block crossing needed at this PROJECT location? • What is the scope and scale of a high comfort crossing, well -suited for use, given the project site and traffic conditions? • How would the PROJECT impact existing access to properties on either side of the street? 7. Traffic nil sis TRANSPO will provide traffic analysis for the project to verify lane configurations, turn lane storage needs, and signing/striping recommendations. A vendor under subcontract to TRANSPO will collect AM and PM peak hour turning movements at the Strander Blvd, Longacres Way, and 1-405 NB ramp terminal intersections along West Valley Highway. TRANSPO will review planned phasing of development in the study area and future capital infrastructure projects. TRANSPO will develop year of opening (2020) and design year (2040) travel forecasts. The forecasts will be developed utilizing the City's travel demand model (as maintained by Fehr & Peers) as well as information provided in traffic studies for recent and proposed projects. TRANSPO will utilize this information to perform level -of -service and delay estimates for opening and design years. Recommendations for lane configurations, turn lane storage, and signing/striping will be West Valley Highway (Strander Blvd to 1-405) Improvements 24 49 made. The CONSULTANT will meet with the AGENCY and WSDOT'S Traffic Department to discuss the PROJECT's characteristics and needs. ssu ptions: ■ The AGENCY's Traffic Model maintained by Fehr & Peers will be provided by the AGENCY to the CONSULTANT. ■ The CONSULTANT will develop an appropriate growth factor to project traffic volumes to the year 2040. 7Technical a ran u TRANSPO will prepare a draft memorandum documenting all analyses, findings, and conclusions for the pedestrian crossing evaluation and traffic analysis. TRANSPO will finalize and reproduce the memorandum following one round of review comments from the AGENCY. One meeting with AGENCY staff is anticipated to review the recommendation and discuss potential next steps. Assumptions: The Technical Memorandum summarizing findings and recommendations of pedestrian crossing evaluation and traffic analysis will be submitted as part of the 30% design submittal with the AGENCY meeting with the CONSULTANT team to discuss the memorandum part of receiving the 30% comments. eliverables: A Technical Memorandum summarizing findings and recommendations of pedestrian crossing evaluation and traffic analysis. West Valley Highway (Strander Blvd to I-405) Improvements 25 50 Ir There are numerous Third -Party Stakeholders along the corridor that require interaction with, and coordination on behalf of the AGENCY by the CONSULTANT. These Stakeholders have varied interests and jurisdictional authority within the footprint of the project. These Stakeholders (and their interests) include, but are not limited to; 1. WSDOT — As West Valley Highway is designated as State Route 181, WSDOT in turn has significant jurisdiction of the roadway components within the right-of-way. The level of WSDOT jurisdiction is dependent on the City's population through which a State Highway passes as codified in RCW 47.24 and WAC 468-18-050, as well as agreed to between WSDOT and the Association of Washington Cities per the April 30, 1997 agreement entitled, "City Streets as part of State Highways Guidelines". There is a key population threshold of 22,500 for Cities above and below which maintenance and construction responsibilities vary. Per the United States Census Bureau, the 2017 population of Tukwila is 20,144 with an average annual growth rate of from 2010 of 0.87%. At this rate Tukwila is expected to reach the 22,500- population threshold by 2030 and therefore for purposes of this scope will be considered as a City under 22,500 for the PROJECT's duration. The CONSULTANT will prepare the appropriate plan series for WSDOT on behalf of the AGENCY as necessary to construct the PROJECT. For this PROJECT WSDOT shall provide timely review and comments of the following construction plan series; a. Channelization Plans (Draft and Final) b. Traffic Signal Modification Plans (Draft and Final) c. Pedestrian Crossing Signal Plans (Draft and Final) d. Traffic Control Plans (Draft and Final) 2. Seattle Public Utilities (SPU) — As previously stated in the Scope, SPU operates and maintains a 60-inch transmission main that crosses WVH in the vicinity of the new pedestrian bridge over the Green River. Together with the AGENCY, the CONSULTANT will arrange a series of meetings with SPU that include; a. A Project Kickoff Meeting to discuss the need and plan for potholing the transmission main b. A field meeting with the Contractor performing the potholing, an AGENCY representative, a CONSULTANT representative, and appropriate SPU staff once the right-of-way limits have been defined by the CONSULTANT c. An office meeting with the AGENCY and SPU to discuss the CONSULTANT's findings regarding; i. Right -of -Way limits; ii. Limits of the existing steel casing near the eastern right-of-way margin; iii. Depth to pipe casing; iv. Geotechnical recommendations for slope treatment above the pipe casing to accommodate a wider road as warranted; West Valley Highway (Strander Blvd to 1-405) Improvements 26 51 v. Structural recommendations for accommodating a wider road that exceeds the footprint of the existing casing. 3. Puget Sound Energy (PSE) — Is known to have large diameter high voltage buried conduits along WVH that may conflict with new storm sewer or new sidewalk infrastructure. Also, the Interurban Trail the follows PSE's overhead transmission lines and bisects Longacres Way in the vicinity of Nelson Place. In this same vicinity there is a parcel of land that per King County's Parcel Viewer is without defined ownership. It is possible that PSE is the underlying owner. Upon completing preparation of the topographic and survey map and development of a 30% Plan, up to two (2) meetings will be arranged by the CONSULTANT with the AGENCY and PSE to discuss the CONSULTANT's findings, potential conflicts, and reach consensus on practical design solutions to complete PROJECT Contract Documents. The CONSULTANT will make every practical accommodation to avoid impact to PSE's facilities. If easements or right-of-way acquisition is required to complete the PROJECT as envisioned, a supplement shall be prepared for the CONSULTANT to develop such property agreements. 4. Sound Transit (ST) — manages and operates the Tukwila Station multi -modal transit hub at the eastern terminus of the PROJECT. Along the Longacres Way corridor, the PROJECT proposes to widen, modify, or affect infrastructure potentially within its property. Upon completing preparation of the topographic and survey map and development of a 30% Plan, up to two (2) meetings will be arranged by the CONSULTANT with the AGENCY and ST to discuss the CONSULTANT's findings, potential conflicts, and reach consensus on practical design solutions to complete PROJECT Contract Documents. The CONSULTANT will make every practical accommodation to avoid impact to ST's facilities. If easements or right-of-way acquisition is required to complete the PROJECT as envisioned, a supplement shall be prepared for the CONSULTANT to develop such property agreements. 5. Union Pacific Railroad (UPRR) — manages and operates a freight mainline that bisects Longacres Way towards the eastern terminus of the PROJECT with an estimated right-of-way width of 100-feet. Its overhead trestle constrains the potential width of a shared use path approaching the Tukwila Station. As discussed in other sections of the Scope, an existing retaining wall beneath this trestle may need to be relocated and rebuilt higher to allow for adequate pedestrian horizontal clearance. In this same vicinity there is a parcel of land that per King County's Parcel Viewer is without defined ownership. It is possible that UPRR is the underlying owner. Upon completing preparation of the topographic and survey map and development of a 30% Plan, up to two (2) meetings will be arranged by the CONSULTANT with the AGENCY and UPRR to discuss the CONSULTANT's findings, potential conflicts, and reach consensus on practical design solutions to complete PROJECT Contract Documents. The CONSULTANT will make every practical accommodation to avoid impact to UPRR's facilities. If the AGENCY desires to engage with the UPRR to affect construction of a new retaining wall beneath the trestle, as part of a supplemental agreement the CONSULTANT will prepare the Right of Entry/Temporary Use of Railroad Property permit. The AGENCY will be required to pay all required fees. 6. There may be other Stakeholders with a vested interest in the project that may be discovered during the design process. The AGENCY and the CONSULTANT will do their best to identify these Stakeholders and collaboratively work together to address their concerns throughout design. West Valley Highway (Strander Blvd to 1-405) Improvements 27 52 The following sections highlight specific work sub -elements to be accomplished in coordinating with Stakeholders. The following list is not intended to be all inclusive, but to highlight the most important sub -elements. All work sub -elements are to be submitted for review in accordance with the descriptions above. annelizati n lans ( •T val) CONSULTANT shall prepare the Channelization Plan for Approval for improvements along West Valley Highway per WSDOT standards and the Practical Design approach for accommodated competing multi -modal interests. The WSDOT Northwest Region Channelization Plan Checklist will be used as a guide for submittal procedure. Related design variances (deviations, exceptions, or justifications) are included in this task. No design variances are included in this scope as existing conditions do not appear to be constrained. Submittals of the Channelization Plan for Approval will be prepared to the Draft and Final completion levels. Comments from the AGENCY and WSDOT will be reflected in each subsequent submittal. Comments will be addressed in a written response letter to be furnished with the second and third submittals. CONSULTANT shall lead the coordination effort between the design team and WSDOT with up to two (2) meetings for the coordination effort required for plan approval. ssu ptions: ■ It is believed based upon available GIS and Aerial mapping, that the existing face of curb to face of curb limits between Strander Blvd and Longacres Way can support two outside 12-foot travel lanes and 5 interior 11-foot travel lanes. In the CONSULTANT's interpretation of WSDOT's Practical Design section as defined in its Design Manual, such a lane configuration is appropriate and should be supported by WSDOT. Doing so manages the PROJECT'S overall costs and greatly reduced the impact of stormwater management that would be required of the project. ■ The westerly curb line between Longacres Way and the 1-405 Ramps is adequate and will be allowed to remain in its current position ■ An easterly curb line and sidewalk (without shoulder) will be constructed as part of a new travel lane through this segment. ■ Information developed in Work Element #7 regarding vehicle queues will guide the length of vehicle storage to be provided throughout the corridor ■ Information developed in Work Element #7 regarding vehicle travelling speeds will guide the posted speed limit of the corridor (currently 40 mph, but may be lowered in discussions with WSDOT), geometry of striping, and clear zone setbacks eliverables: ■ One full-size (22x34) Draft Channelization Plan for Approval sheets at 1" = 50' scale (3 full-size sheets) submitted electronically (Adobe PDF) ■ One full-size (22x34) Final Channelization Plan for Approval sheets at 1" = 50' scale (3 full-size sheets) signed and submitted electronically (Adobe PDF) West Valley Highway (Strander Blvd to 1-405) Improvements 28 53 Traffic eestrian nal lans ( T rival) CONSULTANT shall prepare the Signal Plans for approval for improvements along West Valley Highway per WSDOT standards and the Practical Design approach for accommodating competing multi -modal interests. The WSDOT Northwest Region Signals Plan Checklist will be used as a guide for submittal procedure. Related design variances (deviations, exceptions, or justifications) are included in this task. No design variances are included in this scope as existing conditions do not appear to be constrained. Submittals of the Signal Plan for Approval will be prepared to the Draft and Final completion levels. Comments from the AGENCY and WSDOT will be reflected in each subsequent submittal. Comments will be addressed in a written response letter to be furnished with the second and third submittals. CONSULTANT shall lead the coordination effort between the design team and WSDOT with up to two (2) meetings for the coordination effort required for plan approval. Assumptions: ■ It is assumed that the mid -block pedestrian crossing across West Valley Highway will be either a full pedestrian signal or HAWK beacon. ■ It is assumed that only minor improvements will be needed to the existing signal system at SR181 and Longacres Way including signal head replacement/relocation, minor re -wiring, and conversion of pedestrian crossing infrastructure to APS. deliverables: ■ One full-size (22x34) Draft Signal Plan for Approval sheets at 1" = 20' scale (3 full-size sheets) submitted electronically (Adobe PDF) ■ One full-size (22x34) Final Signal Plan for Approval sheets at 1" = 20' scale (3 full-size sheets) signed and submitted electronically (Adobe PDF) Try is rttrI la ( T ry CONSULTANT will prepare Traffic Control Plans for the Contractor's use in constructing the proposed improvements along WVH and Longacres Way. Since this is a federally -funded project, site -specific traffic control plans will be required per WSDOT Local Agency Guidelines (LAG) Manual standards. As WVH is a State Route, these Traffic Control Plans must be reviewed and approved by WSDOT in advance of construction. Construction activities along West Valley Highway will likely be divided into multiple phases to modify the roadway's channelization and widen area sidewalks while continuing to accommodate vehicular and pedestrian traffic during construction. Traffic control plans will be prepared to City of Tukwila and WSDOT standards, as applicable. In reviewing the existing non -motorized network, pedestrians can be easily routed around the opposite sides of the street along WVH. For Longacres way there will be some constraints beneath the UPRR trestle that could be managed by timing work outside of AM and PM peak usage of the Tukwila Station. West Valley Highway (Strander Blvd to 1-405) Improvements 29 54 deliverables: ■ One full-size (22x34) Draft Traffic Control Plan for Approval sheets at 1" = 20' scale (5 full-size sheets) submitted electronically (Adobe PDF) ■ One full-size (22x34) Final Traffic Control Plan for Approval sheets at 1" = 20' scale (5 full-size sheets) signed and submitted electronically (Adobe PDF) West Valley Highway (Strander Blvd to 1-405) Improvements 30 55 r r si Construction of new and replacement of existing pavement both pollution generating and non -pollution generating are expected to be part of this project. To comply with the 1972 Clean Water Act, the National Pollution Discharge Elimination System (NPDES) was developed. For compliance within King County and as the City of Tukwila has adopted the County's 2016 Surface Water Design Manual (KCSWDM), it will be used as the regulatory basis for all stormwater elements associated with this PROJECT. .1. reesi,n ecr CONSULTANT will prepare a Pre -Design Record document summarizing the various stormwater requirements associated with this project to be included in an appendix of the Stormwater Technical Information Report (TIR). . Site ssess ent and a in The CONSULTANT will prepare site assessment maps showing existing drainage features and drainage patterns within the WVH project corridor and any relevant adjacent properties. Work elements include; • Create existing drainage condition maps which will illustrate existing drainage features and drainage patterns. The existing drainage condition maps will be derived from the topographic survey base map created for this PROJECT. • Conduct site reconnaissance to verify drainage features and drainage patterns. • Create soil map showing soil types — Natural Resources Conservation Service (NRCS) — Consultant will acquire NRCS survey maps. • Create basin/TDA map which delineates the on -site project basin(s) and shows where the PROJECT site is relative to the overall drainage basin that it lies within. AGENCY mapping, its 2013 Stormwater Comprehensive Plan, and records to be consulted for the overall drainage basin information. ■ Create change in land use area maps to identify existing and proposed impervious areas that will be used for the threshold determination in accordance with the stormwater standards. ssurrrptions: • Flow control is not required for this PROJECT given the anticipated amount of new impervious area created in both drainage basins is less than the threshold quantity. ■ Water quality is not required for this project given the anticipated amount of new pollution generating impervious area created in both drainage basins is less than the threshold quantity. ■ Per the AGENCY's 2013 Comprehensive Plan all of Longacres Way and the eastern half of WVH between Longacres Way and the 1-405 Ramps drains to the east, away from the Green River. This creates two distinct drainage basins within the PROJECT site. ■ No new outfalls at the Green River will be constructed. Existing outfalls will be connected to upstream. ■ City will provide electronic GIS information on existing stormwater system that CONSULTANT will use to determine existing conditions. West Valley Highway (Strander Blvd to 1-405) Improvements 31 56 eliverables: ■ Existing drainage condition maps, to be included in the appendix of the Stormwater Technical Memorandum. ■ Soil map, to be included in the appendix of the Stormwater Technical Memorandum. ■ Basin map, to be included in the appendix of the Stormwater Technical Memorandum. ■ Change in land use area maps, to be included in the appendix of the Stormwater Technical Memorandum. nve ance alc tins The Consultant will prepare preliminary storm pipe conveyance capacity calculations for new pipe segments proposed as part of the improvements. This work element includes; Prepare preliminary pipe sizing calculations, using full -flow conditions with the Manning equation and the Rational Method (Stormshed 3G). Assumptions: ■ Pipe conveyance calculations will not be performed for any existing pipe systems to remain or the main existing trunk line which the new on -site conveyance system will be tying into. ■ There will be no upgrades to any of the existing storm drain segments that are to remain upon project completion. ■ Gutter flow analysis will not be required as part of this project. Inlet spacing will be determined according to the City's design standards. eliverables: Preliminary pipe conveyance calculations, to be included in the appendix of the Stormwater Technical Memorandum. tr ater Technical Information Red rt (TIR)®erteet Perteet will prepare a Stormwater Technical Information Report (TIR) with the contents limited to the task items described in this Scope of Services. The report will include the items outlined in the KCSWDM in the written descriptions of existing and post project conditions as well as appendices containing basin maps, design criteria, water quality treatment calculations and conveyance calculations. Assurnotions: ■ Flow control is not required. ■ Water quality treatment is not required. ■ A Department of Ecology Construction Stormwater General Permit is not required as the area of disturbance is anticipated to be below 1 acre in total. eliverables: Draft and Final Stormwater Technical Information Report (TIR). West Valley Highway (Strander Blvd to 1-405) Improvements 32 57 Stir at r / telivera les An internal Consultant quality assurance/quality control review of deliverables will be conducted, as well as confirmation that comments received have been addressed. A record of comments received will be maintained. Response to each comment received will be tracked to confirm that they have been addressed. West Valley Highway (Strander Blvd to I-405) Improvements 33 58 1 sCIIC l SI is r Ctl s The CONSULTANT will prepare 30%, 60%, 90%, 100%, and final Bid Ready Contract Documents (Plans, Specifications, & Estimates) for AGENCY review, comment, approval, and advertisement. The AGENCY will compile a written response log to facilitate the CONSULTANT's tracking of all comments and for efficient inclusion in the contract documents. The CONSULTANT will maintain design documentation including design calculations. CONSULTANT will develop the following Plans all at 1"=20' plotted at full-size except for intersection and driveway details at 1"=10' plotted at full-size: Submittal Phase Estimated Bid Sheet Title Sheets 30% 60% 90% 100% Ready Party Cover Sheet 1 X X X X X TT General Notes 1 X X X X X TT SWPPP Sheet 1 X X X X X TT Alignment and Existing Conditions 6 X X X X X 1AG Traffic Control Plan 4 X X X X TT Traffic Control Details 2 X X X X TT Site Prep w/ Erosion Control 4 X X X X TT Drainage Conveyance Plan 7 X X X X TT Drainage Crossing Profiles 5 X X X X TT Drainage Conveyance Details 3 X X X X TT Roadway Typical Sections (WVH) 2 X X X X X TT Roadway Typical Sections (Longacres Way) 1 X X X X X TT Roadway Grading & Paving Plan (WVH) 3 X X X X X TT Roadway Grading & Paving Plan (Longacres Way) 1 X X X X X TT Roadway Grading & Paving Details 1 X X X X TT Intersection Grading & ADA Ramp Details 3 X X X TT Driveway Grading & Details 4 X X X TT Retaining Wall / Structural Details 1 X X X X TT Channelization Plan for WSDOT 3 X X X X X TT Channelization Detail for WSDOT 1 X X X X X TT Channelization & Signing Plan 4 X X X X TT Channelization & Signing Details 1 X X X X TT Signal Modification Plans & Details 3 X X X X TPO Pedestrian Signal 3 X X X X X TPO Landscaping, Irrigation, & Urban Design Plans 4 X PT Landscaping, Irrigation, & Urban Design Details 4 X PT Standard Plans 6 X X X X TT Estimated # of Sheets 79 West Valley Highway (Strander Blvd to 1-405) Improvements 34 59 .1. reli a Inns arr Engineer's inin f structi n st CONSULTANT shall prepare 30% Plans and Engineer's Opinion of Construction Cost per the work elements and Sheet List described in this SCOPE. Assumptions: • The Once the Basis of Design has been completed and the AGENCY and WSDOT have both confirmed the preferred project footprint, the 30% design will commence; eliverables: ■ One full-size (22x34) copy of Plans submitted electronically (Adobe PDF); ■ One copy of the Engineer's Opinion of Construction Cost (MS Excel) Inter e to as - nu eer's 1 nstructin st CONSULTANT shall prepare 60% Plans, Technical Specifications and engineer's opinion of construction cost estimate (PS&E) per the work elements and Sheet List described in this SCOPE. Constructability Review and QA/QC activities are an inherent part of this element. eliverables: ■ One full-size (22x34) copy of Plans submitted electronically (Adobe PDF); ■ One copy of the Engineer's Opinion of Construction Cost (MS Excel) re -Final I , ecificati ns,Est ate ( ): CONSULTANT shall prepare 90% Plans, Technical Specifications and engineer's opinion of construction cost estimate (PS&E) per the work elements and Sheet List described in this SCOPE. Constructability Review and QA/QC activities are an inherent part of this element. eliverables: One full-size (22x34) copy of Plans submitted electronically (Adobe PDF); One copy of Technical Specifications at 90% level document per LAG, WSDOT and City of Tukwila templates, (MS Word); One copy of the Engineer's Opinion of Construction Cost (MS Excel) 1. 1 la s ecific t Stu ( CONSULTANT shall prepare 100% Plans, Technical Specifications and engineer's opinion of construction cost estimate (PS&E) per the work elements and Sheet List described in this SCOPE. Constructability Review and QA/QC activities are an inherent part of this element. Assuptions: ■ The AGENCY will provide the CONSULTANT the appropriate "Front End" documents for the Contract Documents package in MS Word form which may include, but is not limited to; West Valley Highway (Strander Blvd to 1-405) Improvements 35 60 o Bidders Checklist o Notice to Bidders o Terms and Conditions o Non -Collusion Declaration o Mandatory Bidder Responsibility Criteria o Subcontractor Responsibility Criteria o Mandatory Bidder Responsibility Checklist o Mandatory Subcontractor Responsibility Checklist o Bid Schedule o Bid Proposal o Signature Page - Bid Proposal o Notary Authentication - Bid Proposal o UDBE Utilization Certification o UDBE Written Confirmation Document o Subcontractor List o Wage Law Compliance Responsibility Criteria o Bid Bond o Bid Bond Deposit o Public Work Agreement o Signature Page Agreement o Payment and Performance Contract Bond o Retainage Investment Option o Escrow Agreement o Saving Account Agreement ■ For these documents listed above for which the City does not have a standard template, the CONSULTANT can provide its standard template in substitution upon request. • The Agency shall provide a complete list of the form, agreements, templates it wishes to include for the Contract Documents package. eliverables: ■ One full-size (22x34) copy of Plans submitted electronically (Adobe PDF); ■ One copy of complete Contract Documents package per LAG, WSDOT and City of Tukwila templates and inclusive of all "front end" documentation (MS Word); ■ One copy of the Engineer's Opinion of Construction Cost (MS Excel) S® eittal CONSULTANT team will incorporate any remaining changes and prepare an Ad -Ready submittal package of the PROJECT 100% Plans, Technical Specifications and engineer's opinion of construction cost estimate (PS&E). Constructability Review and QA/QC activities are an inherent part of this element. eliverables: • One full-size (22x34) signed copy of Plans submitted hard copy and electronically; West Valley Highway (Strander Blvd to 1-405) Improvements 36 61 ■ One copy of Technical Specifications at 100% level document per LAG, WSDOT and City of Tukwila templates, in MS Word format; ■ All topography and design basemapping provided for ArcGIS geodatabase with feature class data The following sections highlight specific work sub -elements to be accomplished in preparing the PS&E bid document set. The following list is not intended to be all inclusive, but to highlight the more important sub -elements. All work sub -elements are to be submitted for review in accordance with the sheet schedule above. tamingall a tr ctrl I In conversations with the AGENCY, review of existing documentation, our understanding of the PROJECT, and the CONSULTANT'S engineering experience, retaining wall and structural details are expected to be limited to gravity block walls approximately 6-feet in height and confined to beneath the UPRR Trestle crossing and the NE quadrant of WVH at Longacres Way. Other assumptions include; Assumptions: ■ The CONSULTANT will have developed a Geotechnical Memorandum identifying what bearing pressures would be appropriate for a gravity wall of the type, size, and location(s) imagined. ■ It is not anticipated, but indeterminant at this time, whether significant structural design will be required to bridge SPU's existing 60-inch diameter transmission main. Once the CONSULTANT has assessed whether the casing extends to the toe -of -slope, further determinations can be made, in consultation with the AGENCY and SPU, as to the most appropriate design approach for the proposed design. ■ As the existing stormwater outfall is understood to remain in its existing condition, no additional structural outfall structures are expected. • As stormwater flow control and water quality treatment are not expected to be a factor, structural design of vaults or similar features is also not expected. ■ It is not anticipated that any significant structural design will be required to bridge SPU's existing 60- inch transmission main. r an esin, La a Irriatin Plans Urban design and landscape elements are needed along both WVH and Longacres Way to provide visual connection and continuity between the previously constructed nodes of the Pedestrian Bridge and the Tukwila Station. Landscaping is also required to address shoreline and buffer impacts to the Green River to comply with environmental permitting requirements. The AGENCY has provided CONSULTANT the construction plans of the Pedestrian Bridge including Urban Design, Landscaping, and Irrigation Plans. Assu ptions: ■ The Urban Design Palette developed for the Pedestrian Bridge will be adequate for use on this project ■ The Landscape Plant Palette developed for the Pedestrian Bridge will be adequate for use on this project ■ Urban design and Landscaped features similar to the existing features developed for the Pedestrian Bridge shall extend along the widened "shared use path" starting from the Pedestrian Bridge and West Valley Highway (Strander Blvd to 1-405) Improvements 37 62 following the west side of SR 181 to the Longacres Way intersection and then along the south side of Longacres Way to the east side of the UPRR trestle. Other sidewalk sections throughout the project corridor will receive only limited special urban design and landscaping treatment in select, individual locations as appropriate to maintain the visual urban design and wayfinding elements. ■ Irrigation will be estimated on a square footage basis; irrigation design will not be prepared. ■ Restoration back of sidewalk will be done using similar treatments to the existing conditions including but not limited to: grass sod, gravel, asphalt, approved seed mix. The level of these improvements at this point is indeterminant to the CONSULTANT. To ensure adequate construction funding is available to construct the proposed aesthetic elements as described herein, the CONSULTANT will do its best to interpret the level and extents of improvements desired by the AGENCY for Urban Design, Landscaping, and Irrigation Plans only through the 30% level and also develop a thorough EOCC. Dependent upon the extent of improvements desired by the AGENCY and as funds allow, a supplemental scope and fee can be developed to bring the Urban Design, Landscaping, and Irrigation Plans to Contract Document status for WVH, or Longacres Way or both. Right -of -Way acquisition is not currently anticipated but could become necessary as the PROJECT progresses. DCI Engineers has been retained in case Right -of -Way support is needed. Right -of -Way support is not included in the SCOPE. Any Right -of -Way services requested by the AGENCY will be processed as a Supplement to this Agreement. r rI r1 The AGENCY may elect to retain the CONSULTANT to provide bidding support during the advertisement period to address Contractor questions or to provide supplemental information to the AGENCY is support of any addendums that it deems are warranted. Bid Period services are not included in this scope of work. r ringr I The AGENCY may contract with the CONSULTANT to provide certain services during the construction period which may include, but not limited to; construction engineering support, construction inspection, construction documentation control, and construction management. At the time of Construction Award a supplement can be prepared to define exactly what services the AGENCY would like the CONSULTANT to perform. West Valley Highway (Strander Blvd to 1-405) Improvements 38 63 Exhibit B DBE Participation TranTech Engineering, LLC (Prime CONSULTANT) is a certified Underutilized, Disadvantaged Business (UDBE) D2W0025137. Our Partner, 1 Alliance Geomatics, is also a certified UDBE (D4M0022928). As such, we expect to exceed the mandatory 14% DBE goal on this project. Agreement Number: Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 16 of 1 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the founat and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data Please see Exhibit A -Scope of Work for description of format and standards to be used. B. Roadway Design Files Please see Exhibit A -Scope of Work for description of format and standards to be used. C. Computer Aided Drafting Files Please see Exhibit A -Scope of Work for description of format and standards to be used. Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 16 of 4 D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency As needed per Exhibit A F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page OW 4 II. Any Other Electronic Files to Be Provided Please see Exhibit A -Scope of Work for electronic deliverables per task. III. Methods to Electronically Exchange Data Email, CD, flash drive, file share, FTP site. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 3 of 4 A. Agency Software Suite B. Electronic Messaging System Outlook, text C. File Transfers Format Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page Alf 4 Exhibit D Prime Consultant Cost Computations See attached Exhibits Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 16 of 1 Exhibit D Prime Consultant Cost Computations FEE SUMMARY WORK ELEMENTS City of Tukwila West Valley Highway (I-405/Strander Blvd.) 1.0 Project Management-TranTech Engineering 2.0 Basis of Design-TranTech Engineering 3.0 Survey and Topographic Mapping-1 Alliance 4.0 Geotechnical Engineering -Landau Associates 5.0 Environmental Permitting -Landau Associates 6.0 Public Outreach Support-TranTech Engineering 7.0 Traffic Analysis-TranspoGroup 8.0 WSDOT/SPU and Stakeholder Coordination-TranTech Engineering 9.0 Stormwater TIR-Perteet 10.0 Plans, Specifications and Engineer's Estimate-TranTech Engineering 10.0 Plans, Specifications and Engineer's Estimate-Perteet 10.0 Plans, Specifications and Engineer's Estimate-TranspoGroup PROPOSED CONSULTANT FEE $54,873 $11,169 $57,986 $8,254 $58,456 $3,022 $16,712 $8,743 $25,061 $241,271 $24,799 $21,591 $531,938 70 TranTech, LLC Exhibit D Prime Consultant Cost Computations City of Tukwila West Valley Highway (I-405/Strander Blvd.) 1 2 3 4 5 6 5 8 9 10 11 12 13 Work Element # Work Element d) O) m E) a) 0 a. LL a0) rn a) a) C) W U U) a) a) C) LL C? 0 a) 'o a a) co co 2 C 0 0 4) C) LLI 0 v) O 0) (. a) a) C C LLI C U) a) Q a a) a) C 17,1 i) U) O a) U) a) a) O) LLI N i) U) co in U) a) a) m LLI 0 N CD .16 .0 S direct rates: $60.50 555.00 31.50 $39.00 S79.00 570.00 S59.00 $62.00 $36.00 $45.00 $40.00 S43.00 $23.00 TT TT 1.0 Project Management 1.1 Project Kickoff and Coordination 1.2 Project Schedule 1.3 Subconsultant Coordination 1.4 Project Team Meetings and Field Visits 1.5 Project Monitoring and Reporting 2.0 2.1 2.2 Basis of Design Draft BOD Final BOD Work Element 1.0 Total Work Element 2.0 Total 3.0 Survey and Topographic Mapping-1 Alliance See 1 Alliance Exhibit irk Element 4.0 Geotechnical Engineering -Landau Associates See Landau Associates Exhibit Work Eleme 5.0 Environmental Permitting -Landau Associates See Landau Associates Exhibit 4.11 Total Element'. 6.0 Public Outreach Support 6.1 Public Outreach Support-TranTech 6.2 Public Outreach Support-Perteet See Perteet Exhibit 6.3 Public Outreach Support-Transpo See TranspoGroup Exhibit To hr 10 8 2 2 28 24 jt Total . Total - total Total Total Total ..,,Total Total Total Total hrs .:;,I1s� hrs_ hrs hrs ham.. hrs hrs hrs hr` 4 6 60 56 4 8 10 6 2 42 6 10 2 6 8 12 2 6 4 6 2 2 2 6 2 2 24 2 14 16 20 56 4 8 6 2 2 6 4 Total,, hrs 22 12 76 162 78 350 56 28 84 24 Total $3,795 $2,205 $11.281 $25.533 $10,285 $7,335 $3,834 $3,022 Total Hours 0.88'Y 0.48% 3.04% 6,47% 3,12% Page 1 of 3 TranTech, LLC Exhibit D Prime Consultant Cost Computations City of Tukwila West Valley Highway (I-405/Strander Blvd.) 1 2 3 4 5 6 5 8 9 10 11 12 13 Work Element # Work Element d) O) m E) a) 0 a. LL U a0) U) a) a) C) W U co U) a) a) C) LL C? 0 (1) 0 a a) (0 co 2 C 0 0 4) C) LLI 0 v) O 0) rn a) a) C C LLI 3 C rn a) Q a a) a) C Ca i) .65 O a) U) N a) a) O) Lu 2 co CO a) a) m LLI 0 N .16 .0 E 7.0 Traffic Analysis-TranspoGroup See TranspoGroup Exhibit 8.0 direct rates: Etsertit 6.0 Total Work Elea n#, 78 Total Third Party Stakeholder Coordination/ Plans for WSDOT Approval WSDOT/SPU and Stakeholder Coordination Channelization Plans Traffic and Pedestrian Signal Plans 'Traffic Control Plans 9.0 Stormwater TIR-Perteet 9.1 See Perteet Exhibit Work Element 8.0 Total trrk Element J 10.0 Plans, Specifications and Engineer's Estimate 10.1 30% Submittal 30% Plans-TranTech 30% Plans-TranspoGroup-See TranspoGroup Exhibit 30% Plans-Perteet-See Perteet Exhibit 30% Estimate--TranTech 10.2 60% Submittal 60% Plans-TranTech Total 60% Plans-TranspoGroup-See TranspoGroup Exhibit 60% Plans-Perteet-See Perteet Exhibit 60% Specifications-TranTech 60% Specifications-Transpo-See TranspoGroup Exhibit 60% Specifications-Perteet-See Perteet Exhibit $60.50 S55.00 18 4 2 6 2 6 2 6 31.50 $39.00 S79.00 570.00 S59.00 $62.00 $36.00 $45.00 $40.00 S43.00 $23.00 to hr iI Total. Total Total Total Total Total ..,,Total T hrs h ;,hrs hrs hrs,' hrs hrs"_ =hr 12 80 ! 140 2 18 40 18 100 140 180 2 40 24 14 12 12 Total Total hrs 80 2 160 8 12 4 TT Total,, hrs 24 28 8 8 8 52 468 36 630 82 TT Total 2 $4,971 $1,257 $1,257 $1,257 $52,851 $6,421 $72,220 $10,776 Total -' Hours Page 2 of 3 TranTech, LLC Exhibit D Prime Consultant Cost Computations City of Tukwila West Valley Highway (I-405/Strander Blvd.) 1 2 3 4 5 6 5 8 9 10 11 12 13 Work Element # Work Element u. LL a0) rn a) a) C) W U rn a) a) C) LL C? 0 a a) (0 co 2 C 0 0 4) C) LLI 0 U) o` 0) U) a) a) C C LLI C to Q a a) a) C Ca C) U) a) U) rn a) a) m LLI 0 N CD .16 C E 10.3 10.4 10.5 direct rates: 60% Estimate--TranTech 90% Submittal 90% Plans-TranTech 90% Plans-TranspoGroup-See TranspoGroup Exhibit 90% Plans-Perteet-See Perteet Exhibit 90% Specifications-TranTech 90% Specifications-Transpo-See TranspoGroup Exhibit 90% Specifications-Perteet-See Perteet Exhibit 90% Estimate--TranTech 100% Submittal 100% Plans-TranTech 100% Plans-TranspoGroup-See TranspoGroup Exhibit 100% Plans-Perteet-See Perteet Exhibit 100% Specifications-TranTech 100% Specifications-Transpo-See TranspoGroup Exhibit 100% Specifications-Perteet-See Perteet Exhibit 100% Estimate--TranTech Ad -Ready PS&E 100% Ad -Ready PS&E-TranTech 100% Ad -Ready PS&E-Transpo-See TranspoGroup Exhibit 100% Ad -Ready PS&E-Perteet-See Perteet Exhibit Work Elemeiilt`'10.0 Total PRIME COMPENSATION FOR SUB. COST EXPENSES SALARY ESCALATION $60.50 S55.00 2 24 31.50 $39.00 S79.00 570.00 S59.00 $62.00 $36.00 $45.00 $40.00 S43.00 $23.00 To hr iI Total. Total - total Total Total "=Total ..,,Total T hrs ;,hrs hrs hrs, � hrs h s"_ =hr 12 80 100 80 2 40 2 16 4 12 20 32 2 4 4 448. 12 8 16 24 12 4 4 2 2 Total Total hrs 2 140 16 18 24 4 2 8 4 TT Total,, hrs 52 444 82 32 74 60 6 26 1992 TT Total $ 9, 544 ,424 $'I0,910 $5,674 $8,638 $7,862 $1,188 $ 3, 764 $244,271 $1,774 Total -' Hours 2.08% PROJECT WORK ELEMENTS TOTALS 242 576 408 492 88 6 36 38 6 426 152 32 2502 $319,079 100,00% Page 3 of 3 Exhibit D Prime Consultant Cost Computations City of Tukwila West Valley Highway (I-405/Strander Blvd.) TranTech, LLC Direct Classification Hrs. x Rate = Cost 1 Project Manager 242 $ 60.50 $14,641 2 Senior Civil Engineer 576 $ 55.00 $31,680 3 Staff Civil Engineer 408 $ 31.50 $12,852 4 Project Civil Engineer 492 $ 39.00 $19,188 5 Construction Manager 88 $ 79.00 $6,952 6 Senior Structural Engineer 6 $ 70.00 $420 5 Project Structural Engineer 36 $ 59.00 $2,124 8 Senior Structural Engineer 0 $ 62.00 $0 9 Staff Structural Engineer 1 38 $ 36.00 $1,368 10 Staff Structural Engineer 2 6 $ 45.00 $270 11 Senior CAD Technician 426 $ 40.00 $17,040 12 Office Engineer 152 $ 43.00 $6,536 13 Administrative 2 32 $ 23.00 $736 14 0 $0 15 0 $0 16 0 $0 17 0 $0 Total Hrs. 2502 Salary Cost $ 113,807 Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 113,807 Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost 148.81 % of Direct Labor 30.0% of Direct Labor $ 169,356 $ 34,142 $ 203,498 TranTech Direct Expenses No. Unit Each Cost Reproduction Costs Copies 500 pages @ $0.06 /page $ 30.00 Reports 6 reports @ $15 /report $ 90.00 Plans 8 sets @ $20 /set $ 160.00 100% PS&E 1 sets @ $600 /set $ 600.00 Ad -Ready PS&E 1 sets @ $600 /set $ 600.00 Parking 0 @ $8 $ - Mail/Deliveries/Fed Ex 6 @ $20 $ 120.00 Mileage 300 miles @ $0.580 /mile $ 174.00 Subtotal TranTech Total Subconsultants $ 1,774 $ 319,079 - UDBE Hrs $ Total Landau Associates, Inc. 396 $ 66,710 Perteet, Inc. 332 $ 49,860 1 Alliance X 444 $ 57,986 Transpo Group, Inc. 279 $ 38,304 Subconsultant Total Total 0.0% 0.0% 0.0% 1,451 0% $ 212,859 Direct Expenses Sub -Total (including Subconsultants) $ 214,633 Total Costs $ 531,938 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Invoices will show employee's actual RAW labor rates, per contract Payment Provisions. (b) Classifications shown are for estimating purposes and not all-inclusive; the actual invoice will show our employee's specific labor classification. Page 1 of 1 Pa2019\2019027 - Tukwila West Valley Highway \200 Contracts \210 Pre-contractCity of Tukwila WV Highway Project TranTech Fee-MASTER2-TOM 74 Printed: 5/14/2019, 11:34 AM Exhibit D Prime Consultant Cost Computations Transportation Building 310 Maple Park Avenue S. P.O. Box 47300 Olympia, WA tT504-7300 360-705-7000 TTY: 1 w800.833-6388 w w w. w s d a l:. w a. g a u May 22, 2018 TranTech Engineering, LLC 12011 NE 1st Street, Suite 305 Bellevue, WA 98005 Subject: Acceptance FYE 2017 ICR — Audit Office Review Dear Mr. Kash Nikzad: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2017 Indirect Cost Rate (ICR) of 148.81%. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Manager, Consultant Services Office EKJ:kms Jonson, Erik May 23 2018 8:37 AM c©si48fl Acceptance ICR Audit Office Review 75 Exhibit D Prime Consultant Cost Computations Description TranTech Engineering LLC Indirect Cost Rate Schedule For the Year Ended December 31, 2017 Financial Statement TranTech Accepted Amount Adj. Ref. Amount Direct Labor $966,481 $966,481 100.00% Indirect Cost: Fringe Benefits PTO $87,494 $87,494 9.05% Holiday 43,631 43,631 4.51% Payroll Taxes 125,191 ($3,746) H 121,445 12.57% Health Insurance 147,225 147,225 15.23% Workers' Comp. Insurance 3,401 3,401 0.35% SIMPLE IRA Employer Match 34,384 34,384 3.56% Total Fringe Benefits $441,326 ($3,746) $437,580 45.28% General Overhead Indirect Labor-Admin $307,825 $307,825 31.85% Training Labor 22,873 22,873 2.37% Bid & Proposal Labor 213,899 213,899 22.13% Marketing Labor 972 ($972) G 0 0.00% Advertising Labor 2,173 (2,173) C 0 0.00% Public Relations Labor 95 (95) C 0 0.00% Direct Selling Labor 3,341 (3,341) G 0 0.00% Incentive Bonus 48,875 (48,875) B 0 0.00% Indirect Contract Labor 21,941 21,941 2.27% Advertising 3,137 (3,052) C 85 0.01% Automobile 38,164 38,164 3.95% Computer 30,363 30,363 3.14% Depreciation & Amortization 8,765 8,765 0.91% Dues & Subscriptions 10,216 (2,154) C 8,062 0.83% Employee Train/Recruit/Moving 2,878 2,878 0.30% Insurance 34,876 34,876 3.61 % Interest 34,727 (34,727) D 0 0.00% Maintenance & Repairs 1,941 1,941 0.20% Professional Fees 37,493 37,493 3.88% Public Relations Expense 0 0 0.00% Rent 141,852 (5,435) F 136,417 14.11% Supplies & Miscellaneous 30,021 (500) E 29,521 3.05% Taxes & Licenses 45,974 45,974 4.76% Telephone 40,208 40,208 4.16% Travel 8,727 (451) A, C 8,276 0.86% Travel - Meals 16,053 (10,898) A 5,155 0.53% 1 76 Exhibit D Prime Consultant Cost Computations Description TranTech Engineering LLC Indirect Cost Rate Schedule For the Year Ended December 31, 2017 Financial Statement TranTech Accepted Amount Adj. Ref. Amount Utilities 5,923 5,923 0.61% Total General Overhead $1,113,312 ($112,672) $1,000,640 103.53% Total Indirect Costs & Overhead $1,554,638 ($116,418) Indirect Cost Rate $1,438,221 148.81% 160.86% 148.81% TranTech Engineering LLC - Accepted by KK 5/22/2018 "Indirect Cost Rate still subject to WSDOT Audit" References TranTech Adjustments: A Lodging, meal, and mileage rates in excess of federal travel regulation unallowable per 48 CFR 31.205-46(a)(2). B Adjustment ($48,875) for reasonableness, per 48 CFR 31.201-3. C Public relations and advertising unallowable per 48 CFR 31.205-1. D Interest unallowable per 48 CFR 31.205-20. E Contributions unallowable per 48 CFR 31.205-8. F Unallowable costs of ($5,435) idle capacity per 48 CFR 31.205-17(c). G Promotional marketing unallowable per 48 CFR 31.205-1 and 31.205-38. H Directly associated cost to unallowable advertising and publice relations labor and bonus per 48 CFR 31.201-6(a). 2 77 Exhibit E Sub -consultant Cost Computations Refer to section VI "Sub -Contracting" of this AGREEMENT. See attached Exhibits Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit E Subconsultant Cost Computations El: Landau Associates, Inc. E.2: Perteet, Inc. E.3: 1 Alliance, LLC E.4: Transpo Group, Inc. 79 Exhibit El Landau Associates, Inc. City of Tukwila West Valley Highway (1-405/Strander Blvd.) 2 3 4 6 7 10 11 Work Element # Work Element O 0 0) U) a 0 0) 0 <0 a OO U 0. N F U direc es, $8029 $61.30 052.75 $50.00 $41.35 $37.31 $31.74 S33.68 $39.00 U C 4f t6 N a J Landau Associates, Inc. 4.00 Geotechnical Research 4.1 Field Explorations and Laboratory Testing 4.2 Geotechnical Evaluation, Reporting, and Meetings t 4.0 Total 5.00 Environmental Permitting 5.1 _Team, Agency, and Pre -Application Meetings 5.2 WSDOT NEPA Categorical Exclusion Form 5.3 _Hazardous Materials Linear Corridor Screening 5.4 (ESA) Biological Assessment (BA); (EFH) Evaluation 5.5 _Cultural Resources 5.6 Shoreline Permit Application Submittal 5.7 _Wetland(Waterway Delineation 5.8 Delineation Technical Memorandum 5.9 Mitigation/Landscape Plan Support 5.10 Section 4(f) Documentation `Tr EXPENSES SALARY ESCALATION PROJECT WORK ELEMENTS TOTALS Teta( T hrs B 2 4 20 18 4 40 10 40 4 4 10 20 6 170 Total -Total .Totpt 16 24 20 24 Total 12 10 6 4 8 2 10 40 78 22 46 34 al 14 40 54 20 26 56 64 14 52 26 46 10 28 342 396 T $1,854 $6,153 $8,007 $4,199 $4,801 $8,487 363 $2,634 $9,781 $3,663 $6,165 $2,099 $5,194 386 $316 $66,710 $1,854 $6,153 0 $4,199 $4,801 $8,487 $11,363 $2,634 $9,781 $3,663 $6,165 $2,099 $5,194 $316 $66,710 Total Hours th.la 3.54%' 13,93%;. 7% ... 2% 2.53°4 7.47% 1414%. 100.00% 80 Page 1 of 1 Exhibit EA City of Tukwila West Valley Highway (1-405/Strander Blvd.) Landau Associates, Inc. Classification Hrs. x Rate Cost Direct 1 Principal 6 $ 80�29 $482 2 Senior Associate 170 $ 61.30 $10,421 3 Associate O $ 52J5 $0 4 Senior 40 $ 50.00 $2,000 5 Senior Project 0 $ 41.35 $0 0 Project 78 $ 37.31 $2,910 7 Senior Staff 22 $ 31J4 $698 8 Staff/Senior Technician U O $ 31.50 $U 9 Assistant/Senior Technician | O $ 23.00 $O 10 Project Coordinator 46 $ 33.56 $1,548 11 [AD/G|STechnidan 34 $ 39.00 $1326 12 Technician 0 $ 20.00 $0 13 Support Staff O $ 2I61 $O 14 O $O Total Hrs. 396 Salary Cost Salary Escalation Cost (estimated) Escalation Y6ofLabor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost ZlZ.49%ofDirect Labor 30.0%ofDirect Labor $O � � � Direct Expenses-Geotechnical Mileage, Geotechnko| 80 Geotech lab testing Z Direct Expenses -Environmental Mileage Subtotal Landau Associates, Inc. Total 8y $0.58 /mi|e $ 46/0 @ $100 $ 200.00 Direct Expenses-Geotechnical Subtotal � 69/60 Direct Expenses -Environmental Subtotal � 316 � , 66,710 Page 1 of 1 81 PrintedPMnted: 5/9/2018. 0:52 � Exhibit El Washington State `� Department of Transportation November 19, 2018 Landau Associates, Inc. 130 - 2nd Avenue South Edmonds, WA 98020 Subject: Acceptance FYE 20187 ICR — CPA Report Dear Mr. Dennis Hobbs: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 T7Y:1-800-833-6388 www.wsdot.wa.gov We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 212.49% based on the "Independent CPA Report," prepared by T. Wayne Owens, CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; Jonson, Erik Nov 21 2018 10:05 PM cosat3 , ERIK K. JONSON Manager, Consultant Services Office EKJ:rck Acceptance ICR CPA Report 82 Exhibit E.1 Description Direct Labor LANDAU ASSOCIATES, INC. STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD FOR THE YEAR ENDED JUNE 30, 2018 % of Financial Stint Unallowable Direct Expense Costs FAR Ref Total Proposed Labor $ 3,798,043 $ $ 3,798,043 INDIRECT COSTS Fringe Benefits: Vacation, sick, and holiday $ 701,541 $ $ 701,541 Retirement plan 584,875 (279,182) (1) 305,693 Employee group insurance 705,853 705,853 Incentive compensation 610,545 (13,188) (2) 597,357 Payroll taxes 578,222 (4,034) (3) 574,188 Workers compensation 30,789 30,789 Other employee benefits 78,726 (53,323) (2)(4) 25,403 Total Fringe Benefits $ 3,290,551 $ (349,727) $ 2,940,824 77.43% General Overhead: Indirect labor $ 2,695,011 $ (208,364) (4)(5)(6) $ 2,486,647 Accounting Fees 45,193 45,193 Advertising 16,853 (16,853) (4)(5) - Automobile expense 65,598 - 65,598 Bank charges 12,343 12,343 Contributions 19,528 (19,528) (6)(7) - Depreciation and amortization 410,740 (20,448) (8) 390,292 Dues and professional licenses 78,398 (45,173) (4)(5)(8)(9) 33,225 Entertainment 9,509 (9,509) (4)(11) - Insurance 213,676 - 213,676 Interest 27,213 (27,213) (7) - Leased equipment 37,278 - 37,278 Meals expense 28,343 (403) (12)(13) 27,940 Office supplies and postage 295,913 (5,831) (2) 290,082 Professional services 163,106 163,106 Recruitment expense 15,715 - 15,715 Rent 764,351 - 764,351 Repairs and maintenance 49,322 49,322 Seminars and professional education 75,892 (174) (4) 75,718 Supplies 57,766 (385) (14) 57,381 Taxes (211,771) 471,180 (15) 259,409 Telecommunications 218,207 218,207 Travel 107,897 (3,931) (13)(16) 103,966 Recovery accounts (197,299) - (197,299) Total General Overhead Total Indirect Costs 4,998,782 $ 113,368 8,289,333 $ (236,3592, $ 5,112,150 134.60% $ 8,052,974 212.03% Facilities Capital Cost of Money (FCCM) $ 17,392 0.46% See accompanying auditors' report and notes. 3 83 Exhibit E.1 LANDAU ASSOCIATES, INC. DESCRIPTION OF FAR REFERENCES AND AUDIT ADJUSTMENTS FOR THE YEAR ENDED JUNE 30, 2018 (1) 31.201-6 (a) Costs that are expressly unallowable or mutually agreed to be unallowable, including mutually agreed to be unallowable directly associated costs, shall be identified and excluded from any billing, claim, or proposal applicable to a Government contract. (2) 31.205-13 (b) Employee morale, health, welfare, food service, and dormitory costs and credits - Costs of gifts are unallowable. (3) 31.201-6 (a) Accounting for unallowable costs - When an unallowable cost is incurred, its directly associated costs are also unallowable. (4) 31.205-14 Entertainment costs - Costs of amusement, diversions, social activities, and any directly associated costs such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable. (5) 31.205-1 (f) Public relations and advertising costs - Public relations and advertising costs designed to call favorable attention to the contractor and its activities is unallowable. (6) 31.205-6 (b) (2) Compensation for personal services - Compensation in excess of amounts determined to be reasonable are unallowable. (7) 31.205-20 Interest and other financial costs - Interest on borrowings (however represented) are unallowable; therefore, the credit was added back to the overhead pool. (8) 31.205-8 Contributions or donations - Contributions or donations are unallowable. (9) 31.205-22 (a) (1) Lobbying and political activity costs - Costs associated with attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activities are unallowable. (10) 31.205-49 Goodwill - Any costs for amortization, expensing, write-off, or write -down of goodwill (however represented) are unallowable. (11) 31.205-51 Costs of alcoholic beverages - Costs of alcoholic beverages are unallowable. (12) 31.201-2 (d) Determining allowability - Costs not supported with documentation are unallowable. (13) 31.205-46 (a) 2 Travel costs - Costs that exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations are unallowable. (14) 31.201-2 (a) (3) Determining allowability - Costs of a prior accounting period are unallowable. (15) 31.205-41 (b) (1) Taxes - Federal income and excess profits taxes are unallowable. (16) 31.202 Direct costs - Direct costs of the contract shall be charged directly to the contract. See accompanying auditors' report and notes. 4 84 Exhibit E.2 Perteet, Inc. City of Tukwila West Valley Highway (I-405/Strander Blvd.) 2 3 4 5 6 7 8 Work Element # Work Element v io rn c co a 0) m 0) c m C w a co 3 J N 4) m C w C 0) c) 0 U -o a co co direct rates: $88.58 $65.98 $64.38 $60.10 $40.80 $36.00 $30.50 $37.85 Total, Toth, .,Total,. Tota hrs:. . hrs hrs 9.0 Stormwater TIR 9.1 Stormwater Design Criteria 2 9.2 Site Assessment and Mapping 4 9.3 Conveyance Calculations 4 9.4 Stormwater Technical Information Report (TIR) 8 9.5 Stormwater QA/QC Deliverables 10 2 Work Element Gal Total 10.0 Plans, Specifications and Engineer's Estimate 10.1 30% Submittal 30% Plans (Urban/Landscape/Irrigation Design) 30% EEOC (Urban/Landscape/Irrigation Design) 30% QA/QC 10.2 60% Submittal 60% Plans 60% Specifications 60% QA/QC 10.3 90% Submittal 90% Plans 90% Specifications 90% QA/QC 10.4 100% Submittal 10.5 Ad -Ready PS&E Work Elemient;40 EXPENSES SALARY ESCALATION 14 24 4 6 16 2 24 20 32 24 16 4 6 20 20 24 4 16 Total hrs 26 40 36 68 12 182 98 18 2 16 16 150 Total .... $3,502 $5,214 $4,941 $8,913 $2,492 ,061, $14,456 $3,026 $380 $3,256 $3,256 4,374 $425 Total Hours 12;05% 10.64%. 20.48% 61% 54.8 °% 2 .5.42% 0.60% 4, 4.82 PROJECT WORK ELEMENTS TOTALS 28 82 2 120 60 24 16 332 $49,860 100.00% 85 P:\2019\2019027 - Tukwila West Valley Highway\200 Contracts\210 Pre-contracteitylef1Tdolvila WV Highway Project TranTech Fee-MASTER2-TONPrinted: 5/9/2019, 6:54 PM City of Tukwila West Valley Highway (I-405/Strander Blvd.) Perteet, Inc. Exhibit E.2 Direct Classification Hrs. x Rate = Cost 1 Principal 0 $ 88.58 $0 2 Sr. Associate 28 $ 65.98 $1,847 3 Sr. Engineer/Manager 82 $ 64.38 $5,279 4 Lead Engineer/Manager 2 $ 60.10 $120 5 Engineer III 120 $ 40.80 $4,896 6 Engineer II 60 $ 36.00 $2,160 7 Engineer I 24 $ 30.50 $732 8 Lead Technician/Designer 16 $ 37.85 $606 9 Technician III 0 $ 33.80 $0 10 Technician II 0 $ 22.50 $0 11 Planner II 0 $ 39.18 $0 12 Accountant 0 $ 37.51 $0 13 Clerical 0 $ 26.88 $0 14 0 $0 15 0 $0 16 0 $0 17 0 $0 18 0 $0 19 0 $0 20 0 $0 Total Hrs. 332 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost 0% per year @ 0 year(s) 186.07% of Direct Labor 30.0% of Direct Labor $ 15,640 $0 15,640 $ 29,102 $ 4,692 $ 33,794 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 1500 pages @ $0.06 /page $ 90.00 Reports reports @ $15 /report $ Plans 40 sets @ $2 /set $ 80.00 Parking @ $8 $ Mail/Deliveries/Fed Ex 6 @ $20 $ 120.00 Drilling Subcontractor @ $12,000 $ - Traffic Control Signage Rental @ $300 $ - Field Expenses (Sample Bags, Cold Patch, Staki @ $150 $ - Lab Testing @ $4,500 $ Mileage 232 miles @ $0.580 /mile $ 134.56 Subtotal $ 425 Perteet, Inc. Total $ 49,860 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Invoices will show employee's actual RAW labor rates, per contract Payment Provisions. (b) Classifications shown are for estimating purposes and not all-inclusive; the actual invoice will show our employee's specific labor classification. Page 1 of 1 86 Printed: 5/9/2019, 6:54 PM Exhibit E.2 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov June 13, 2018 Perteet, Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 Subject: Acceptance FYE 2017 ICR — Audit Office Review Dear Ms. Denice Moan: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2017 Indirect Cost Rate (ICR) of 186.07% (rate includes 0.29% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(a)wselotwa.gov. Regards; Jonson, Erik Jun 14 2018 7:39 AM cosi8n ERIK K. JONSON Manager, Consultant Services Office EKJ:rck Acceptance ICR Audit Office Review 87 Exhibit E.2 Certification of Final Indirect Costs Firm Name: Perteet Inc. Indirect Cost Rate Proposal: 186.07 Date of Proposal Preparation (mm/dd/yyyy): 05/25/2018 Fiscal Period Covered (mm/dd/yyyy to mm/dd/yyyy): 01/01/2017 to 12/31/2017 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1.) All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. 2.) This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. Signature: Name of Certifying Official* (Print): Crystal L. Donner Title: President/CEO Date of Certification (mm/dd/yyyy): 05/25/2018 *The "Certifying Official" must be an individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate for use under Agency contracts. Ref. FHWA Directive 4470.1A available on line at: httpj//www.fhwa.dot.yov/legsreas/directives/orders/44701 a.htm 0/H Certification; Nov 2010 88 Exhibit E.2 Description Perteet, Inc. Indirect Cost Rate Schedule For the Year Ended December 31, 2017 Financial Statement Accepted Amount Perteet Adj. WSDOT Adj. Ref. Amount Direct Labor $3,520,054 $0 $0 $3,520,054 100.00% Fringe Benefits: Vacation, Sick, & Holiday $823,776 $823,776 23.40% Payroll Taxes 537,834 537,834 15.28% Health Insurance 567,494 567,494 16.12% Profit Sharing (401k) 273,050 273,050 7.76% Profit Sharing (ESOP) 115,000 115,000 3.27% Fringe Benefit Adjustment (4,754) 0 (4,754) -0.14% Total Fringe Benefits $2,317,154 ($4,754) $0 $2,312,400 65.69% General Overhead: Employee Incentives/Bonuses $109,686 ($18,560) D $91,126 2.59% Indirect Labor 1,414,150 (33,424) R 1,380,726 39.22% All Hours Offset (123,225) (123,225) -3.50% Bid & Proposal Labor 833,983 (10,155) A 823,828 23.40% Auto Expense 133,583 (53,320) B 80,263 2.28% Bank & Service Fee 2,037 (1,374) C 664 0.02% Communications 138,713 138,713 3.94% Computer Expenses 293,713 293,713 8.34% Conferences & Meetings 20,806 (1,719) R 19,087 0.54% Copier Expense 78,927 78,927 2.24% Depreciation - Book Basis 146,558 146,558 4.16% Dues & Memberships 27,591 (9,509) E 18,082 0.51% Entertainment 18,106 (18,106) F - 0.00% Insurance 118,312 118,312 3.36% Licenses & Fees 4,201 4,201 0.12% Meals 26,135 (24,147) G 1,988 0.06% Miscellaneous 124 124 0.00% Outside Services 44,599 (65) G 44,533 1.27% Payroll & Benefit Processing 13,703 13,703 0.39% Postage & Delivery Services 5,363 5,363 0.15% Professional Services 92,978 (17,029) T/V 75,949 2.16% Recruiting 2,055 2,055 0.06% Rent 754,966 (33,555) P 721,411 20.49% Repairs & Maintenance 570 570 0.02% Reproduction 1,805 1,805 0.05% Seminars & Training 33,130 (245) L 32,885 0.93% Staff Functions 22,781 (22,781) I - 0.00% Subscriptions & Publications 9,041 9,041 0.26% Supplies 47,265 (2,504) Q 44,761 1.27% Travel & Lodging 39,262 (6,414) 1 32,848 0.93% Advertising 1,332 (1,332) A - 0.00% Bad Debt Expense 99 (99) - 0.00% Contributions 10,111 (10,111) K - 0.00% Gifts 2,493 (2,493) L - 0.00% Interest 19,873 (19,873) M - 0.00% Sponsorships 6,900 (6,900) N - 0.00% Taxes - Business & Property 239,083 239,083 6.79% Gain (Loss) on Disposal of Assets (15,566) (15,566) -0.44% Less: Offsets for Direct Costs (54,354) (54,354) -1.54% Total General Overhead $4,520,889 ($293,715) $0 $4,227,173 120.09% Total Overhead Costs $6,838,042 ($298,469) $0 $6,539,573 185.78% 0.00% Overhead Rate 194.26% 185.78% 185.78% Facilities Cost of Capital $10,101 U $10,101 0.29% $6,549,674 $6,549,674 Overhead Rate (Including FCCM) 186.07% 186.07% 89 Exhibit E.2 Description Perteet, Inc. Indirect Cost Rate Schedule For the Year Ended December 31, 2017 Financial Statement Accepted Amount Perteet Adj. WSDOT Adj. Ref. Amount Perteet, Inc. - In Process "Overhead Rate stilt subject to WSDOT Audit" References Perteet Adjustments: A Advertising and Legal Expenses not allowed. 48CFR 31.205, 48CFR31.205-47 B Personal commute unallowable per 48 CFR 31.205-6(m)(2): $11,032 Auto allowance not allowable, Auto Allowances, $26,400 less $10,431 Company use portion Parking of personal vehicles unallowable per 48 CFR 31.205-6, $26,319 C Bank Interest and Fees for credit unallowable per 48 CFR 31.205-20 and 31.205-15. D Anniversary Bonuses not performance based ($18,560); deemed unallowable per 48 CFR 31.205-6(f) E Lobbying costs unallowable per 48 CFR 31.205-22. F Entertainment costs unallowable per 48 CFR 31.205-14. G Local meals unallowable per 48 CFR 31.205-46(a)(2)(i) I Staff function expenses unallowed per 48 CFR 31.205-14 J Travel Expense not allowed under FAR 31-205.46 K Contributions and event sponsorships unallowable per 48 CFR 31.205-8. L Gifts unallowable per 48 CFR 31.205-13(b). M Interest unallowable per 48 CFR 31.205-20. N Sponsorships for events whose purpose is not technical or stimulation of production is unallowed under 31.205-1(f)(3) O Fringe benefits associated with labor deemed unallowable per 48 CFR 31.201-6(a). P Sublease amount received for Seattle Office Space 48 CFR 31.201-5 Q Disposable Supplies CM and Survey supplies, party supplies unallowable 48 CFR 31.205-13 R Scholarship & Award Gala costs and labor unallowable per 48 CFR 31.201-2 and 31.205-14 Social activities costs and labor not allowed per 31.205-14 T Public Relations and Advertising costs unallowable per FAR 31.205-1 U FCCM Calculation per 48 CFR 31.205-10 ✓ Legal Expenses not allowable per 48 CFR 31.204-47(b)(4) 90 Exhibit E.3 1 Alliance City of Tukwila West Valley Highway (I-405/Strander Blvd.) 4 9 10 11 12 13 14 15 16 17 18 Work Element # Work Element S enior Project Manage 0$ E Q O 0 G rketing Coordinator direct rates: 3.00 Survey Mapping 3.1 PM, Admin & QA/QC 3.2 Survey Control 3.3 Field Surveying & Mapping 3.4 Office Processing 3.5 Right -of -Way, Property Lines & Easements EXPENSES SALARY ESCALATION Total TOW Total Total Total $6075 855.50 $53.50 545_00 $36.50 $2550 $38.75 $37.00 $34,50 $27.50 $25.50 $31.50 $3100 $2050 $28.00 Total Total Total Total Total .Total T„atat Total Total- Tot his hot hrs hta hot hts hot ` hrs,' 16 1 12 2 8 16 10 24 60 24 40 2 24 60 24 T{ 40 86 162 88 68 444 Total $5,101 $9,413 $16 956 $11 172 $9,073 $6,271 Total Hluirs 36.46 1662% 15r32% 100;00$,. PROJECT WORK ELEMENTS TOTALS 12 66 16 12 116 84 84 42 12 444 $57,986 100.00% 91 Printed: 5/9/2019, 6:55 PM City of Tukwila West Valley Highway (I-405/Strander Blvd.) 1 Alliance Exhibit E.3 Direct Classification Hrs. x Rate = Cost Principal Surveyor 12 $ 90.75 $1,089 Senior Project Manager 66 $ 55.50 $3,663 Survey Project Manager 16 $ 53.50 $856 Project Administrator 12 $ 45.00 $540 Project Surveyor 0 $ 45.00 $0 Instrumentation Specialist 0 $ 44.25 $0 CADD 5 0 $ 42.25 $0 CADD 4 116 $ 36.50 $4,234 CADD 1 0 $ 25.50 $0 Tech 5 84 $ 38.75 $3,255 Tech 4 0 $ 37.00 $0 Tech 3 84 $ 34.50 $2,898 Tech 2 0 $ 27.50 $0 Tech 1 42 $ 25.50 $1,071 Billing/Acct Coordinator 12 $ 31.50 $378 Asst. PM 0 $ 31.00 $0 Admin 0 $ 28.50 $0 Marketing Coordinator 0 $ 28.00 $0 0 $0 0 $0 Total Hrs. 444 Salary Cost $ 17,984 Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost 0% per year @ 157.56% of Direct Labor 30.0% of Direct Labor 0 year(s) $0 17,984 $ 28,336 $ 5,395 $ 33,731 Direct Expenses No. Unit Each Cost Reproduction Costs Copies pages @ $0.06 /page $ Reports reports @ $15 /report $ Plans sets @ $2 /set $ Parking @ $8 $ Mail/Deliveries/Fed Ex @ $20 $ - Mileage 300 miles @ $0.580 /mile $ 174.00 Potholing-APS, Inc. 1 @ $2,097.00 $ 2,097.00 Scanner Rental 1 2-day rental @ $4,000.00 $ 4,000.00 Traffic Control days @ $4,250.00 $ - Subtotal 1 Alliance Total $ 6,271 $ 57,986 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Invoices will show employee's actual RAW labor rates, per contract Payment Provisions. (b) Classifications shown are for estimating purposes and not all-inclusive; the actual invoice will show our employee's specific labor classification. Page 1 of 1 92 Printed: 5/9/2019, 6:56 PM Exhibit E.3 July 24, 2018 1 Alliance Geomatics 1261A - 120th Avenue NE Bellevue, WA 98005 Subject: Acceptance FYE 2017 ICR — Audit Office Review CORRECTION (FYE 2017) Dear Mr. Micael Paradis: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2017 Indirect Cost Rate (ICR) of 157.56%. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(&wsdot.wa.gov. Regards; ERIK K. JONSON Manager, Consultant Services Office EKJ:rck 93 Transpo Group, Inc. City of Tukwila West Valley Highway (I-405/Strander Blvd.) 2 3 4 5 6 7 Exhibit E.4 Work Element # Work Element neer - Level 6 to N J N G CC u! N -J N C C7 N J N N N N J N N N N C N at J ":44▪ ' 6 direct rates: $58.65 $54.81 $48.80 $41.59 $38.22 31.97 $44.23 a I` Transpo Group, Inc Tc h Total Total TotalTotal Total Total Zits hrs ' °hrs Total hrs T Total Hours 7.0 Traffic Analysis 7.1 Pedestrian Crossing Evaluation 7.2 Traffic Analysis 7.3 Technical Memorandum r*Element 6.0 Total, crk Element 7.p Ti 10.0 Plans, Specifications and Engineer's Estimate 10.1 30% Submittal 30% Plans 10.2 60% Submittal 60% Plans 10.3 90% Submittal 90% Plans 90% Specifications 10.4 100% Submittal 100% Plans 100% Specifications 10.5 Ad -Ready PS&E Ad -Ready Plans and Specifications 10,0 Ti EXPENSES SALARY ESCALATION 4 16 6 4 4 2 12 3 10 8 1 8 1 4 4 32 8 12 8 40 24 16 2 16 2 8 20 72 18 22 112 56 37 26 4 26 4 14 167 $9,300 $2,446 $2,966 814,712 $7,089 $4,772 $3,378 $555 $3,378 $555 1,866 $2,000 25... 6.45% 40.14% 20.07%„ PROJECT WORK ELEMENTS TOTALS 29 18 44 40 128 20 279 $38,304 100.09% 94 City of Tukwila West Valley Highway (1-405/Strander Blvd.) Transpo Group, Inc. Exhibit EA Direct Classification Hny. x Rate = Cost Engineer ' Level O 20 $ 58.65 $1.701 Engineer ' Level 5 18 $ 54.81 $987 Engineer Level 44 $ 48.80 $2.147 Engineer Level 40 $ 41.50 $1.884 Engineer Level 128 $ 3822 $4.892 Engineer Level 1 20 $ 31.97 $630 Project Admin'Level 4 0 $ 4423 $O 0 $O Total Hrs. 279 Salary Cost $ 12,030 Salary Escalation Cost (estimated) Esca|ahon-% ofLabor Cost Total Salary Cost $0 Overhead Cost @ 17178Y4ofDirect Labor $ 20,666 Net Fee @ 3U.0%ofDirect Labor $ 3.609 Total Overhead & Net Fee Cost $ 24,274 Direct Expenses No. Unit Each Cost Reproduction Costs Copies U pugou@ $0.06 /page $ Reports U reports @ $15 /noport $ Plans U uoto@ $2 /net $ Parking 0 @ $8 $ - Traffic Counts 1 @ $2.000 $ 2.000.00 Mileage O miles @ $0.580 /mi|e $ - Transpo Group, Inc. Total (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have adifferent hourly rate ofpay. Invoices will show employee's actual RAW labor rates, per contract Payment Provisions. (b) Classifications shown are for estimating purposes and not all-inclusive; the actual invoice will show our employee's specific labor classification. Page 1 of 95 Printed: 5/0/201&6:57PM Exhibit E.4 June 27, 2018 Transpo Group USA, Inc. 12131 113th Avenue NE, Suite 203 Kirkland, WA 98034 Subject: Acceptance FYE 2017 ICR — Risk Assessment Review Dear Sarah Brinkerhoff: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2017 ICR of 171.78% (rate includes 0.60% Facilities Capital Cost of Money). These rates are applicable to Washington Local Agency Contracts only. These rates may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your fiiiii is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(&wsdot.wa.gov. Regards; ERIK K. JONSON Manager, Consultant Services Office EKJ:rck 96 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work perfoiuied during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be perfoiuted under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deteiiuined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this infoiuiation, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: Exhibit F - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 194 1 1 Exhibit G Certification Documents Exhibit G- I (a) Exhibit G- 1 (b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification of Consultant Certification of City of Tukwila Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1908f 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of TranTech Engineering, LLC whose address is 2646 RW Johnson Blvd. SW, Suite 112, Tumwater, WA 98512 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Washington State Department of Transportaion and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. TranTech Engineering, LLC Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 190f 1 Exhibit G-1(b) Certification of Agency I hereby certify that I am the: Senior Program Manager Other of the City of Tukwila , and the City of Tukwila or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 11-of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfoiliiing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. TranTech Engineering, LLC Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page11-of 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. TranTech Engineering, LLC Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page11-of 1 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of W Valley Hwy (1-405 to Strander Blvd.) * are accurate, complete, and current as of May 14, 2019 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: TranTech Engineering, LLC ** Signature Title Date of Execution***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: 1 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page7-of 1 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 11-of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a unifolin method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 1Db Page 7 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available infoi nation, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: � Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1Z-of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant deteiiiiines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page1Pof 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of infoiniation supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the clai • Any correspondence that directed the consultant to perfolin the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: � Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1Z-of 2