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Home My WebLink About25-076 - Contract - Psomas, Inc. - Design Services: Interurban Ave S Overlay25-076 Council Approval 3/3/25 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: LA11030 Firm/Organization Legal Name (do not use dba's): Psomas Address Federal Aid Number 3131Elliott Ave, Suite 400, Seattle, WA 98121 NHPP 1391(004) UBI Number Federal TIN or SSN Number 604-635-123 95-2863554 Execution Date Completion Date Exhibit G 12.31.26 1099 Form Required Federal Participation ❑ Yes ❑i No ❑i Yes ❑ No Project Title Interurban Avenue S Overlay Description of Work Interurban avenue is an arterial varying between two lanes and five lanes. The project limits extend from approximately 100' south of East Marginal way S to 100' north of S 143rd St. The proj ect is approximately 2.25 miles including 9 signalized intersections, 10 unsignalized intersections and numerous driveway approaches. Due to heavy vehicle traffic and high traffic volumes the asphalt pavement has deteriorated to various degrees and requires rehabilitation. Some ADA ramps and pedestrian push buttons within the project footprint appear to not meet current ADA requirements and will require replacement and/or maximum extents feasible documentation. Traffic loops within the grind and overlay limits will require replacement or upgrades to video detection. ❑i Yes ❑ No DBE Participation Total Amount Authorized: $659,418.88 ❑ Yes ❑i No MBE Participation Management Reserve Fund: $10,000.00 ❑ Yes ❑i No WBE Participation ❑ Yes ❑i No SBE Participation Maximum Amount Payable: 649,418.88 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: LAI 1030 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 02/0112021 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Tukwila hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the patties 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. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 02/01/2021 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit 'B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's '`DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop 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. 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: Adam Cox Agency: City of Tukwila Address: 6200 Southcenter Boulevard City: Tukwila State: WA Zip: 98188 Email: Adam.Cox@TukwilaWA.gov Phone: 206.431.2446 Facsimile: IV. Time for Beginning and Completion If to CONSULTANT: Name: Bryce Corrigan Agency: Psomas Address: 3131 Elliott Ave, Suite 400 City: Seattle State: WA Zip: 98121 Email: Bryce.Corrigan@psomas.com Phone: 815.483.6220 Facsimile: 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: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 02/01/2021 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. 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 A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E 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. 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: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 02/01/2021 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: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 02/01/2021 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. A. 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: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 02/01/2021 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d -4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 02/01/2021 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII `'Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 02/01/2021 XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 02/01/2021 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: Adam Cox Agency: City of Tukwila Address: 6200 Southcenter Boulevard City: Tukwila State: WA Zip: 98188 Email: Adam.Cox@TukwilaWA.gov Phone: 206.431.2446 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 02/01/2021 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 terns 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: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 02/01/2021 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 02/01/2021 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: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 02/01/2021 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including `Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX `'Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature 111� v Signed by: DS .-- Signature 2.17.25 Date 3/7/2025 1 1:20 PM PST Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: LAI 1030 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 02/01/2021 See attached Exhibit A, Scope of Work. Exhibit Scope of Work Project No. Agreement Number: LAI 1030 Exhibit A -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 EXHIBIT A CITY OF TUKWILA INTERURBAN AVENUE SOUTH OVERLAY (NHPP 1391-004) PRELIMINARY AND FINAL DESIGN SERVICES PROJECT NO. 09TUK013000 SCOPE OF WORK February 17, 2025 A. PROJECT DESCRIPTION / BACKGROUND Interurban avenue is an arterial varying between two lanes and five lanes. The project limits extend from approximately 100' south of East Marginal way S to 100' north of S 143rd St. The project is approximately 2.25 miles including 9 signalized intersections, 10 unsignalized intersections and numerous driveway approaches. Due to heavy vehicle traffic and high traffic volumes the asphalt pavement has deteriorated to various degrees and requires rehabilitation. Some ADA ramps and pedestrian push buttons within the project footprint appear to not meet current ADA requirements and will require replacement and/or maximum extents feasible documentation. Traffic loops within the grind and overlay limits will require replacement or upgrades to video detection. This project has Federal National Highway System funds for both design and construction. Additional local funds may be used for portions of the project that are outside of the NHS funds scope. The goal is to advertise the Project for Bids in 2026. B. ASSUMPTIONS The following are project assumptions: This project will not make changes to the vehicle signals within the corridor. Impacts to existing signalized intersections will include the installation of video detection cameras and removal of vehicle induction loops along with bringing the intersections up to current ADA compliance with new APS style pedestrian push buttons and countdown pedestrian signal heads (where required) and New Traffic Signal Controller Cabinets (where required). Before any grinding of pavement at signalized intersections, Temporary Video detection camera(s) will be installed allowing signals to function normally during construction. After Construction is complete, the temporary Video detection camera(s) will remain in place and become permanent Video detection camera(s) (where applicable). ➢ Project pavement grind, overlay rehabilitation and full depth replacement limits will stop approximately 100' south of East Marginal Way S and 100' N of S 143rd St. Project limits will not include the intersection at 42nd Ave S or 50' on either side of that intersection. Design and construction activity for pavement grind and overlay rehabilitation shall remain between curb to curb and/or edge of pavement when no curb and sidewalk present. City of Tukwila 1 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A ➢ This project will not improve driveway aprons and/or approaches. ➢ The City will create and coordinate all public outreach efforts for this project. ➢ The City will create and coordinate all franchise utility efforts for this project. ➢ Horizontal and vertical datums utilized will be NAD83/2011 and NAVD88 respectively. ROW acquisition is not anticipated. ROW will be established using publicly available information and GIS. City will furnish to consultant property information and agency agreements for parcels: 000300-0032, 000480-0002, 102304-9009 ➢ Stormwater requirements associated with this project will be assessed in accordance with the City of Tukwila Municipal Code, 2019 City of Tukwila Infrastructure Design Standards, and the adopted 2021 King County Surface Water Design Manual. Stormwater conveyance and/or facility improvements will be limited to those necessary to satisfy project Core Requirements. ➢ Modifications and/or upgrades to existing stormwater network elements, other than those required to satisfy project Core Requirements, are not included in this scope of work. ➢ The City will supply Psomas with information regarding any known drainage issue(s), complaints within the project's vicinity. This project is likely to Trigger Full Drainage Review, including the implementation of Flow Control BMPs and/or Flow Control Facilities. Geotechnical investigation, including an evaluation of site infiltration rates, will be required to assess BMP An equivalent area approach may be used to meet requirements for Stormwater management. ➢ The project is ineligible for direct -discharge flow control exemption. ➢ Up to 2 water quality treatment BMPs and 1 flow control BMP will be designed. ➢ The City will provide information about downstream conveyance system and capacity constraints pertinent to the design of flow control facilities. Permeable pavements and sidewalks are not feasible. ➢ Stormwater infiltration is not feasible within the project limits. ➢ The Consultant will fill out and submit to staff local Public Works Permit application for drainage review by DCD. C. PSOMAS DELIVERABLES Deliverables prepared by the Consultant are identified at the end of each work element. D. CITY OF TUKWILA PROVIDED ITEMS: The City of Tukwila will provide / prepare the following: Traffic Counts, or other existing traffic information available Any adjacent development permits, plans, consultations, reports available through public records. ➢ Submittal reviews, comments, and approvals (one (1) compiled set per submittal) ➢ As -built plans, GIS maps, or other existing mapping available Boiler plate specifications (word format) ➢ City MEF Templates City of Tukwila 2 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A E. SCOPE OF WORK WORK ELEMENT 1 — MANAGEMENT / COORDINATION / ADMINISTRATION 1.1. Project Management - The Consultant will provide continuous project management for the project duration through the final design phase (estimate 12 months) and will prepare and update the project schedule using Microsoft Project (estimate 2 updates). 1.2. Subconsultant Management - The Consultant will provide continuous management and administration of all subconsultants included in this scope of work. 1.3. Check-in Meetings - The Consultant will set-up and facilitate monthly check-in meeting between Psomas, City staff, and subconsultant using Microsoft Teams (estimate 12 meetings). 1.4. QA/QC - The Consultant will provide quality assurance / quality control (QA/QC) reviews of all work products and ensure the project meets City guidelines prior to submittal for City review. Work Element 1 Deliverables: Monthly Progress Reports Monthly Invoices Critical Path Project Schedule (Anticipated Ad September 2026) (Electronic PDF) WORK ELEMENT 2 — SURVEY AND BASE MAPPING 2.1. The Consultant will provide mapping work to prepare 1 "=20' topographic base map and digital terrain model (DTM) in AutoCAD Civil 3D format of the project within the limits described below. The survey will be oriented to horizontal and vertical datums of NAD83/2011 and NAVD88 respectively. Survey methods may include conventional terrestrial survey, terrestrial laser scanning, GPS observations, or a combination of the three methods. The survey base mapping limits shall include ADA facilities within the signal and non - signalized intersections from the curb radius returns along existing curb to the back of sidewalk or facility to capture all existing and proposed ADA modifications and documentation. Mapping shall extend up to 50 feet past each existing facility within sidewalk or shoulder to ensure drainage concerns and tie-ins are properly addressed. The existing vehicle lane widths and channelization configuration, utility castings in overlay limits, and loops and junction boxes for loops shall be incorporated using aerial imagery, GIS data and field measurement verification. The Following items shall be mapped during field survey: o Curbs, edge of pavement and flow line o Face of walk and back of walk o Curb ramps o Utility castings in sidewalk and ramps City of Tukwila 3 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A o Driveways, stairs, bus shelters, utility poles, and other visible features in sidewalk and radius returns o Signal poles and cross arms, push button and pedestals o Trees (greater than 8" DBH) within the limits of sidewalk work o Utility locates shall be mapped — per private utility locate consultant from curb to back of walk within survey areas to be improved. The Intersections to be survey mapped include: ■ Access Roadway / Interurban Ave S (Non -signalized) — 2 ramps. ■ Gateway Dr / Interurban Ave S (Non -signalized) — 2 ramps. ■ S 1331 St / Gateway Dr / Interurban Ave S (Signalized) — 4 ramps. ■ Gateway Dr / Interurban Ave S (Non -signalized) — 2 ramps. ■ 13036 Entrance N/ Interurban Ave S (Non -signalized) — 2 ramps. ■ 13036 Entrance S / Interurban Ave S (Non -signalized) — 2 ramps. ■ 48th PI S / Interurban Ave S (Signalized) — 4 ramps. ■ 1-5 Off -ramp / Interurban Ave S (Signalized) — 2 ramps. ■ 1-5 On-ramp / Interurban Ave S (Signalized) — 4 ramps. ■ 56th Ave S / Interurban Ave S (Signalized) — 5 ramps. ■ 57th Ave S / Interurban Ave S (Un -Signalized) — 2 ramps. ■ S 140th St / Interurban Ave S (Un -Signalized) — 2 ramps. ■ 14040 Entrance / Interurban Ave S (Un -Signalized) — 2 ramps. ■ 581h Ave S / Interurban Ave S (Signalized) — 6 ramps. ■ 58th Ave S / Interurban Ave S (Un -Signalized) — 2 ramps. ■ 58th Ave S / Interurban Ave S (Signalized) — 6 ramps. ■ S 1431 St / Interurban Ave S (Un -Signalized) — 2 ramps. One -foot contours generated from the DTM. Work Element 2 Deliverables: Electronic basemap in Psomas AutoCAD Civil 3D 2024 format WORK ELEMENT 3 — PRELIMINARY OVERLAY DESIGN 3.1. The Consultant shall prepare Project Prospectus documentation required per the Lag Manual Chapter 21. City will submit documentation and coordinate with WSDOT Local Programs. 3.2. The Consultant will perform a background review of all existing information along the corridor including but not limited to, traffic counts, adjacent parcel development plans, and record drawings of Interurban Ave S. Existing information will be incorporated into Plans and work approach, as feasible. 3.3. Field verify pavement rehabilitation grind and overlay limits and potential pavement repair areas, lane widths and scope with City Staff and HWA. (assume 1 visit to document pavement grind and overlay limits, castings, and channelization review and 1 visit for traffic loops review to create base maps from GIS and Aerials) 3.4. Prepare 10% Scroll Plot and Engineer's Cost Estimate. The 10% scroll will be formatted to provide sufficient detail to set the horizontal project envelope baseline City of Tukwila 4 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A and develop a baseline cost estimate. The project basemap will be produced from GIS and Aerials. City Standard Details and WSDOT Standard Plans will supplement the project specific details as required.: Assumptions: Aerials and GIS are adequate to layout the overlay limits and does not require survey basemapping and vertical datum values. ADA ramp design will not be included in the 10% scroll. Work Element 3 Deliverables.- 10% eliverables:10% Submittal: 40 Scale Scroll Plot and Engineer's Construction Cost estimate (Electronic PDF) Project Prospectus per Lag Manual Ch 21 WORK ELEMENT 4 — ENVIRONMENTAL PERMITTING 4.1 NEPA CE Form - The project will involve federal funds, administered by WSDOT, therefore adherence to the NEPA process through Local Programs is required. The Consultant will prepare a WSDOT NEPA Categorial Exemption Checklist, to satisfy NEPA. Based on the limited scope and scale of the project, the fact that all ground disturbance will occur within previously disturbed areas, no right-of-way acquisition will occur, and no net new PGIS will be generated by the project, the NEPA process should be relatively straightforward. For similar reasons, no critical areas will be impacted, Lastly, the project is located outside of SMP jurisdiction. The Consultant will prepare a Draft and Final WSDOT CE Form for the project to document compliance with NEPA. The CE Form will be completed per the guidance and requirements in the WSDOT Environmental Manual and the Local Programs CE Guidebook at the time a notice to proceed is received by Psomas. The consultant will complete the Draft CE Form using existing information from the technical reports completed for the project, the project design plans, and other available information. 4.2 Cultural Resources/Section 106 - The Consultant will coordinate with the City to define the project area of potential effects (APE) in order to initiate the Section 106 review with the Washington State Department of Transportation (WSDOT). Upon approval of the APE, Psomas will conduct necessary background archival research, as practical, at Department of Archaeology and Historic Preservation (DAHP), the University of Washington, King County Assessor Records, King County Archives, and online resources to identify recorded and potential archaeological and historic resources in and around the project area. We will also review available environmental and geological background information for the approved APE. This information will be used to prepare a Cultural Resources Technical Memorandum (memo) consistent with Chapter 456 of the WSDOT Environmental Manual/Section 4.3 of the CE Guidebook for submittal by WSDOT to the DAHP and the tribes to initiate Section 106 consultation. City of Tukwila S REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A 4.3 Endangered Species Act Compliance - The Consultant will prepare a biological assessment (BA) to comply with Section 7 of the Endangered Species Act (ESA) as triggered through a federal nexus of federal funding from FHWA (and administered by WSDOT). The BA will include an evaluation of the potential direct and indirect effects of the project on federally listed threatened, endangered, and proposed species and critical habitats. The Consultant will also complete the analysis of the environmental baseline, interrelated and interdependent actions, cumulative effects, and address Essential Fish Habitat (EFH). The BA will be prepared following US Fish and Wildlife (USFWS) and National Marine Fisheries Service (NMFS) guidelines (collectively known as the Services) and will adhere to the standards of WSDOT. The federal funding through WSDOT will be secured for project construction and that WSDOT review of the BA will be required. Based on the known presence of listed species and habitats within the action area and a preliminary analysis of project impacts, the addition of stormwater treatment to treat replaced pollution generating impervious surface (PCIS) resulting from the project, as well as the lack of ability to fully infiltrate stormwater due to soil conditions, will result in a BA effect finding of "Likely to adversely affect" for both steelhead trout and Chinook salmon. Due to lack of distribution in the Action Area, a finding of "May effect, not likely to adversely affect' is appropriate for bull trout, while it appears that the appropriate effects determination for other listed species potentially present in the project vicinity is "no effect", based on lack of species distribution and lack of suitable habitat in the Action Area. WSDOT is currently pursuing a programmatic consultation for Local Programs stormwater projects. This consultation may be completed by spring or early summer of 2025. The Consultant will review the document when released, to determine whether the project can meet the terms and conditions in the Biological Opinion (such as the area and type of PGIS to be treated and the treatment BPM requirements). If the project can meet the requirements of the BO, the Consultant will prepare the necessary forms to initiate the consultation, thus potentially advancing the NEPA completion date by 2 to 3 years. Assumptions: The Consultant will prepare only the environmental permits and approvals specifically referenced above. The project is SEPA exempt under WAC 197-11-800 (2) (viii) (however the City should confirm this assumption with the Planning Department). With the exception of a single site visit/hazardous materials windshield survey, no additional fieldwork or surveys will be required. Delineation of wetland or stream features is not included in this scope. Surveys for fish, wildlife, or rare plants are not included in this scope. The project will not result in impacts to the critical areas or SMA regulated areas and therefore no reporting or mitigation will be required. There will be no ROW take or expansion of the roadway. An archaeological survey will not be required; if a survey is required, a separate scope of work will be prepared. City of Tukwila 6 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A No archaeological site/isolate forms, or Historic Property Inventory Forms will be needed or prepared and is not part of this scope. The APE will not include any buildings or structures that are already or will be 45 years or older at the time of project construction. If it is determined that historic buildings or structures are present within the APE, an amendment will be required to document and record the buildings/structures on Historic Property Inventory Forms. Work Element 4 Deliverables.- Cultural eliverables:Cultural Resources Literature Review and APE Correspondence, Draft and Final (electronic PDF) Inadvertent Discovery Plan, Draft and Final (electronic PDF) Draft and Final NEPA CE Form (electronic PDF and MS Word) Draft and Final Biological Assessment (electronic PDF and MS Word) WORK ELEMENT 5 — STORMWATER ANALYSIS This Work Element includes efforts required for analysis/design of on-site stormwater management systems and technical documentation in accordance with current versions of the City of Tukwila's Infrastructure Design & Construction Standards and Surface Water Comprehensive Plan, as well as the 2021 King County Surface Water Design Manual (KCSWDM). 5.1. The Consultant will review the existing stormwater conveyance facilities within the project limits and identify all downstream conveyance systems, pipe condition, pipe capacity and existing drainage easements on private parcels; delineate threshold discharge areas (TDAs), natural discharge location(s), and downstream flowpath(s); document applicable regulations, standards, hydrology and hydraulic design criteria; attend one (1) meeting with City utility staff to coordinate and confirm applicable project requirements. 5.2. The Consultant will prepare a planning -level (10%) stormwater management concept highlighting the recommended approach for fulfilling applicable stormwater Core Requirements with consideration to construction cost, maintenance cost, and/or other relevant criteria as identified through discussions with City staff. 5.3. The Consultant will prepare preliminary (60%), pre -final (90%), and final (100°/x) conveyance system and stormwater facility design calculations (e.g., flow control, water quality, and/or stormwater management BMPs) as applicable given proposed hard surface coverage and associated Core Requirements. 5.4. The Consultant will prepare a draft and final Technical Information Report (TIR) documenting applicable Core Requirements and technical information and analysis associated with proposed stormwater facilities. The report will be prepared in accordance with the 2021 KCSWDM and include project threshold/core requirement analysis; a Level 1 Downstream Analysis; hydrologic calculations for applicable detention, water quality, and on-site BMP facility design; hydraulic modeling for pipe sizing and conveyance City of Tukwila 7 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A analysis of new systems, and associated figures. The draft TIR will be provided with the 60% design submittal and finalized concurrent with the 100% design submittal. Work Element 5 Deliverables: PDF of the planning -level (1091o) stormwater management concept & supporting threshold analysis PDF of the Draft Technical Information Report PDF of the Final Technical Information Report WORK ELEMENT 6 — FINAL DESIGN 6.1. The Consultant will prepare 60% Plans and Estimate. Each set of Plans will incorporate comments from the City's review of the prior submittal. Plans will be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City Standard Details and WSDOT Standard Plans will be supplemented with specific details as required. Plan information will include: ➢ Title and Index sheet with a vicinity map (1 sheet) ➢ Legends, Abbreviations, Survey Control and General Notes (4 sheets) ➢ Typical Sections and Details (2 sheets) ➢ Temporary Erosion and Sediment Control (TESC) Details (2 sheets) ➢ Roadway, Loops, and Channelization Plans (16 sheets) — 40 scale Storm Drainage/Detention Plans and Details (4 sheets) — 20 Scale ADA Improvement Plans and Details (18 Sheets) — 10 Scale ➢ ADA Signal Upgrade (Loop replacements) (7 sheets) Temporary Traffic Control Plans (20 sheets) — 40 scale 73 Total Sheets 6.2. The Consultant will prepare 100%, Specifications and Estimate. Each set of Plans will incorporate comments from the City's review of the prior submittal. Plans will be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City Standard Details and WSDOT Standard Plans will be supplemented with specific details as required. Plan information will include: ➢ Title and Index sheet with a vicinity map (1 sheet) Legends, Abbreviations, Survey Control and General Notes (4 sheets) Typical Sections and Details (2 sheets) Temporary Erosion and Sediment Control (TESC) Details (2 sheets) Roadway, Loops, and Channelization Plans (16 sheets) — 40 scale ➢ Storm Drainage/Detention Plans and Details (4 sheets) — 20 Scale ➢ ADA Improvement Plans and Details (18 Sheets) — 10 Scale ➢ ADA Signal Upgrade (Loop replacements) (7 sheets) City of Tukwila 8 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A Temporary Traffic Control Plans (20 sheets) — 40 scale 73 Total Sheets 6.3. The Consultant will prepare Bid Plans, Specifications and Estimate. Each set of Plans will incorporate comments from the City's review of the prior submittal. Plans will be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City Standard Details and WSDOT Standard Plans will be supplemented with specific details as required. Plan information will include: ➢ Title and Index sheet with a vicinity map (1 sheet) ➢ Legends, Abbreviations, Survey Control and General Notes (4 sheets) ➢ Typical Sections and Details (2 sheets) ➢ Temporary Erosion and Sediment Control (TESC) Details (2 sheets) ➢ Roadway, Loops, and Channelization Plans (16 sheets) — 40 scale ➢ Storm Drainage/Detention Plans and Details (4 sheets) — 20 Scale ➢ ADA Improvement Plans and Details (18 Sheets) — 10 Scale ➢ ADA Signal Upgrade (Loop replacements) (7 sheets) ➢ Temporary Traffic Control Plans (20 sheets) — 40 scale 73 Total Sheets 6.4. The Consultant will evaluate the ADA compliance of curb ramps within the project (Est 51 ramps) and prepare City of Tukwila Maximum Extents Feasible Documentation for the ramps that can't be made compliant within the scope of the project. 6.5. The Consultant will design curb ramps for convenient field layout and provide contractor design parameters for successful installation ADA improvements to the maximum extents feasible. Assumptions: The existing roadway profile and cross section will not be modified; no profile elevation sheets will be provided. ➢ Vehicle Signal modifications will be limited to New Video Detection Cameras, and upgrading push buttons to meet current ADA standards from MUCID and PROWAG. City and King County will coordinate traffic signals on regulated timers for Construction duration. Work Element 5 Deliverables: ➢ 60% Check Set Submittal: Half-size (11 "x1 T) Plans, Specifications, and Engineer's Construction Cost estimate (Electronic PDF) 100% Check Set Submittal: Half-size (11 "x17') Plans, Specifications, and Engineer's Construction Cost estimate (Electronic PDF) Contract Bid Documents: Half-size (11 "x1 T) Plans, Specifications, and Engineer's Construction Cost estimate (Electronic PDF) and uploaded to BXWA City of Tukwila MEF Documentation City of Tukwila 9 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A WORK ELEMENT 7 — TRAFFIC SIGNAL UPGRADES 7.1 The Consultant will make a field visit evaluate the following signalized intersections for ADA Push Button compliance with the newest MUTCD/PROWAG guidelines ➢ S 133rd St / Gateway Dr / Interurban Ave S (Signalized) — 4 ramps. 48th PI S / Interurban Ave S (Signalized) — 4 ramps. 1-5 Off -ramp / Interurban Ave S (Signalized)— 2 ramps. ➢ 56th Ave S / Interurban Ave S (Signalized) — 5 ramps. 58th Ave S / Interurban Ave S (Signalized) — 6 ramps. 7.1 The Consultant will prepare ADA Signal plans showing upgrading existing push button equipment to new APS Push Buttons to include, new APS Push Buttons, New Locations, New Countdown Style Pedestrian signal heads (where required) and modifications to existing Traffic Signal Controller Cabinets or replacement of existing Traffic Signal Controller cabinets with New Traffic Signal Controller Cabinet (where required) . 7.2 The Consultant will show on the ADA Signal plans installation of Temporary Video Detection Camera(s) along with required modifications to existing traffic signal controller cabinet or replacement of existing Traffic Signal Controller cabinet (where required). Assumptions: ➢ All signalized intersections to be modified are City of Tukwila owned and maintained. This contract does not include improvements to WSDOT signal equipment. All Signalized intersections will need to be evaluated for ADA Push Button Compliance. Temporary Video Detection will become permanent video detection once Construction is finished. ➢ Existing Induction Loop lead in wires will remain in conduit but be disconnected inside the Traffic Signal Controller Cabinet. ➢ Illumination levels will not be evaluated at these intersections, no illumination design report will be provided. Of the 7 intersection getting APS upgrades, 4 will require the exiting Traffic Signal Controller Cabinets to be replaced with New Traffic Signal Controller cabinet to support the APS upgrades. City of Tukwila 10 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A WORK ELEMENT 8 — WSDOT COORDINATION 7.1. Consultant will prepare WSDOT Channelization Plans for the following intersections. ➢ 1-5 Off -ramp / Interurban Ave S ➢ 1-5 On-ramp / Interurban Ave S ➢ SR -599 Off -ramp / Interurban Ave S ➢ SR -599 On-ramp / Interurban Ave S 7.2. Consultant will prepare WSDOT Maximum Extents Feasible (MEF) Documentation where required at the following intersections ➢ 1-5 Off -ramp / Interurban Ave S ➢ 1-5 On-ramp / Interurban Ave S ➢ SR -599 Off -ramp / Interurban Ave S ➢ SR -599 On-ramp / Interurban Ave S 7.3. The Consultant will prepare WSDOT Traffic Control Plans (TCPs) for the following intersections. ➢ 1-5 Off -ramp / Interurban Ave S ➢ 1-5 On-ramp / Interurban Ave S ➢ SR -599 Off -ramp / Interurban Ave S ➢ SR -599 On-ramp / Interurban Ave S 7.4. The Consultant will attend up to 6 amount of coordination meetings with WSDOT. Work Element 8 Deliverables: WSDOT Channelization Plans (8 Sheets, 40 Scale) WSDOT MEF Documentation. WSDOT Traffic Control Plans (TCPs) (8 Sheets, 40 Scale) WORK ELEMENT 9 — BID PHASE SERVICES AND SUPPORT 8.1. Consultant will assist the City Project Manager in advertisement of the contract documents. 8.2. Consultant will prepare addenda and respond to bidders questions relayed through the City. It is assumed that the Consultant will prepare up to two (2) addenda. 8.3. The Consultant will prepare Conformed Documents (to include all Project Addenda) for the City to be provided to the Contractor. Work Element 7 Deliverables: Prepare responses for up to (5) bidder questions (incl. with Addenda) Prepare up to two (2) Addendum Packages. Prepare Bid Tabulation and evaluation City of Tukwila 11 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work EXHIBIT A Conformed Documents: (5) hard copies of half-size (11x17) and Specifications, and (1) full-size (22x34) Bid Plans. MANAGEMENT RESERVE Included in this Contract's Management Reserve is: ➢ Coordination with WSDOT for jurisdiction changes of the project limits between City of Tukwila and WSDOT. ➢ Coordination with King County if loop replacement is revised to include temporary and/or permanent video detection at signalized intersections. ➢ Any additional ADA ramp or pedestrian push button replacements outside the limit assumed in Work Element 6. ➢ Any additional services requested from the City. The above work activities will require written authorization from City to access management reserve funds. ADDITIONAL SERVICES The City may require additional services of the Consultant in orderto advance the project through final design and construction. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: Additional survey, especially for unanticipated storm detention design. ➢ Right Of Way acquisition ➢ Additional design for roadside features (walls, guardrail, etc), sidewalk, stormwater, traffic signal and illumination evaluation and design, and additional documentation for WSDOT Intersection Control Evaluation. ➢ Construction management and inspection services. ➢ Record Drawings at construction closeout. ➢ Any additional services requested from the City. These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila 12 REV: February 14, 2025 Interurban Avenue South Overlay Project Scope of Work Exhibit B DBE Participation This project has a DBE goal of 16%. Psomas will meet this goal by utilizing one different DBE certified subconsultant. HWA GeoSciences Certification #D5170024692 Budget $105,507.02 Total Commitment to DBE $105,507.02. DCMS contact info: Lucy Ostrom Lucy.Ostrom(c� psomas.com Agreement Number: LAI 1030 Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data DWG File Format Psomas Civil 3D Standards and PDF B. Roadway Design Files DWG File Format Psomas Civil 3D Standards and PDF C. Computer Aided Drafting Files DWG File Format Psomas Civil 3D Standards Agreement Number: LAI 1030 Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant See Scope of Work, Exhibit A. E. Specify the Electronic Deliverables to Be Provided to the Agency See Scope of Work, Exhibit A. F. Specify What Agency Furnished Services and Information Is to Be Provided See Scope of Work, Exhibit A. Agreement Number: LAI 1030 Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4 II. Any Other Electronic Files to Be Provided See Scope of Work, Exhibit A. III. Methods to Electronically Exchange Data See Scope of Work, Exhibit A. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4 A. Agency Software Suite See Scope of Work, Exhibit A. B. Electronic Messaging System See Scope of Work, Exhibit A. C. File Transfers Format See Scope of Work, Exhibit A. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4 See the attached: - Cost computations - Billing Rates - ICR letter Exhibit D Prime Consultant Cost Computations Agreement Number: LAI 1030 Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 P S O M A S EXHIBIT D PRIME CONSULTANT COST cOMPIITATIONS Client: City of Tukwila Project Name: NHS Overlay -Interurban Avenue! Paomas Project Number: u9Tll Kulxuuu I " "T°°'I 3. I° I. I. I. I. I- 1 0 1. I. I" I' I" I' I I" I. I. I' I" I. I. I. I" 1 2.. 1$ 17,711.IG1 o®omomoom00000000moo®v®oma 0©00000000®0®000©0000®0® • a®aaaaaaaaaam®mm®a®aaa®ate I " "T°°'I 3. I° I. I. I. I. I- 1 0 1. I. I" I' I" I' I I" I. I. I' I" I. I. I. I" 1 2.. 1$ 17,711.IG1 000®oma®00000000000®®0000 _ ® P S O M A S Psomas Summary of Direct Salary Costs Effective January 1, 2025 through June 15, 2025 Direct Salary Costs Classification Not to Exceed Principal 110.00 Engineering Manager 1 80.29 Engineering Manager II 92.79 Asst. Engineering Manager 78.38 Senior Engineer 1 69.71 Senior Engineer II 72.12 Project Engineer) 60.10 Project Engineer II 65.13 Design Engineer 46.05 Design Engineer II 48.87 Design Engineer III 55.29 Engineering Technician 40.00 Technician 35.20 Engineering Assistant 32.00 Senior Project Manager Survey 91.76 Survey Crew I (w/Equip) 74.00 Survey Crew II w/E ui 94.00 Field Surveyor 1 36.00 Field Surveyor II 47.00 Field Surveyor III 53.56 Project Surveyor 1 55.00 Project Surveyor II 62.30 Surveyor 1 33.00 Surveyor 11 45.00 Surveyor III 51.75 Urban Design Manager 77.00 Senior Landscape Architect 62.83 Senior Landscape Architect II 70.00 Project Landscape Architect 54.00 Project Landscape Architect II 58.00 Landscape Designer 36.51 Landscape Designer II 40.13 Landscape Designer 111 46.05 Landscape Assistant 31.00 Senior Transportation Planner 70.70 Transportation Planner 42.43 Environmental Manager 79.00 Senior Environmental Planner 1 63.00 Senior Environmental Planner 11 85.00 Managing Biologist 1 63.00 Managing Biologist 11 70.10 Managing Biologist III 80.00 Senior Archaeologist 58.22 GIS Manager 56.00 Senior Biologist 1 47.05 Senior Biologist II 55.00 Word Processor 41.00 Biologist 1 27.30 Biologist 11 37.00 Biologist III 44.10 Environmental Planner 55.00 Editor 31.25 GIS Tech 30.26 Cultural Resource Specialist 28.29 Senior Construction Manager 89.50 Construction Manager 68.90 Senior Resident Engineer 65.15 Resident Engineer 54.00 Assistant Resident Engineer 47.10 Senior Construction Observer 66.15 Construction Observer 1 39.00 Construction Observer 11 45.10 Construction Observer III 49.10 Construction Technician 34.00 Document Control Specialist 1 40.00 Document Control Specialist 11 47.00 Document Control Specialist III 53.50 Document Control Admin 36.00 Construction Assistant 32.00 CAD Manager 62.20 Senior CAD Technician 50.00 CAD Technician 43.10 Business Manager 61.20 Senior Admin 50.00 Office Admin 38.20 Office Assistant 34.00 �/° Washington t ;s v///%li� r Department J r August 12, 2024 KPG Psomas 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 Subject: Acceptance FYE 2023 ICR— CPA Report Dear Tracy Zucker: DevOolpm ent Mvisuo r Contract ;ervuces Office Pig Box 47438 O3 ymp b, WA 98504-7408 7345 L.ombderson Way CW Furnwater, WA 98501-5504 Try: 1 _800-833-6388 v;rvvw wsdotma.gov We have accepted your firm's FYE 2023 Indirect Cost Rate (ICR) of 174.17% of direct labor based on the "Independent CPA Report" prepared by K Coe Isom, LLP. 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) 704-6397 or via email consultantrates(awsdot.wa.izov. Regards, S hnakzie II Namvey (Aug', ::p.2., 202.4 :11.tl�N� If.:D SCHATZIE HARVEY, CPA Contract Services Manager SH: kb Exhibit E Sub -consultant Cost Computations If no sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY Refer to section VI `'Sub -Contracting" of this AGREEMENT. HWA GeoSciences*: $105,605.00 *Denotes DBE firm. Agreement Number: LAI 1030 Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1 Project Cost Estimate HWA Ref: 2025-003 Interurban Avenue S Overlay E E l III INC.ement Investigation UI �-lta�-alt �"i!1-d"'dDate: 11 -Feb -25 Tukwila, Washington DBE/MWBE Prepared By: BKH Prepared for Psomas PROPOSED WORK SCOPE: Perform visual assessment of the alignment and mark the locations of 40 pavement cores. Arrange utility locates. Subcontract preparation of Traffic Control Plans ('PCPs)- Submit RONV permit amI TCPs to City for approval. Perform pavement coring at 40 locations- Pavement cores will be patched with Aquaphalt cold patch compacted in lifts to match existing pavement drickness_ Prepare photographic logs ofpavement cores. Revisit alignment after core logs are complete and delineate areas that will require frill-deptlr reconstruction versus grind and inlay. Perform engineering analyses related to pavement rehabilitation'reconsuuction: using traffic data provided by the Client. Prepare a draft letter report presenting pavement core logs, assessment ofpavement condition, recommendations for pavement overlay and new pavement design for areas requiring full -depth repairs. Finalize report based on review comments. ESTIMATED HWA LABOR: Scope of Services Eng,- Viii $96.00 Engr III $50.00 2025 PERSONNEL & HOURLY RATES Geol III Geol II CAD Contracts $41.00 $34.00 $36.00 $53.00 TOTAL HOURS TOTAL AMOUNT Project Coordination/Seto /Inx oicurg 4 Roadway Coring (assume 40 cores at $80icore) $3,200 4 8 $596 Visit Project Alignment with Client Representative, Mark Pavement Cores & Arrange Utility Locates 24 24 48 $3,504 Subcolltract TCPs, Prepare ROW Permit & Subnit to City for Approial 16 16 656 Perform Pavement Cot ing at 40 Locations (8 days) 80 80 160 $3,280 Prepare Photographic Pavement Core Logs 8 8 40 56 $2,808 Revisit Alignment and Delineate Areas Regan ing Full -Depth Repairs 24 24 48 $3,504 Engineering Analyses 24 24 48 $3,504 Prepare Or aft Letter Report 24 24 16 16 80 $4,736 Pre u'e Final LeOer Re ort 4 4 8 $584 rolect arra'en, .orrespun ence 6 2 8 1 616 - 118 110 152 16 4 480 1 1,21,647 EXPENSES: EXPENSE DESCRIPTION Total Cost Subcontract Traffic Control Plans $6,000 Traffic Control for Pavement Corin $2500/da $20,000 Mileage to and from the job site at IRS mileage rate $750 Roadway Coring (assume 40 cores at $80icore) $3,200 EXPENSE 'DOTAL: $tu ESTIMATED PROJECT TOTALS AND SUMMARY: Direct Salary Cost (DSC) $23,848 OH Lfi), 187.24% * DSC $44,653 FF @ 30% * DSC $7,154 Total Labor Expense $75,655 Direct Expenses ESTIMATED PROJECT TOTAL: Assumptions: The H\VA PM reserves the right to shift hours between the various subtasks as required. $29,950 $105,605 Interurban Ave S 1 of 1 HWA GeoSciences Inc. �/° v7Washington t ;s pon Department of Transportation July 16, 2024 HWA GeoSciences, Inc. 21312 30"' Dr SE, Suite 110 Bothell, WA 98021 Subject: Acceptance FYE 2023 ICR — CPA Report Dear Tracy Brodahl: Contract ;ervuces Office Pig Box 47408 O3 ymp b, WA 98504-7408 7345 Underscn Way CW Furnwater, WA 98501-5504 Try: 1 _800-833-6388 vrvvwwsd tma.gov We have accepted your firm's FYE 2023 Indirect Cost Rate (ICR) of 187.24% (rate includes 1.03% Facilities Capital Cost of Money) based on the "Independent CPA Report" prepared by T - Max 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) 704-6397 or via email con sultantrates(a wsdot.wa.i!ov. Regards, ,,,,,,,,,,,,,.fa Sell-patz.le I�hairvey (Juwu� :1.7, 2024 06-. SCHATZIE HARVEY, CPA Contract Services Manager SH: sms Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. LA11030 Local Agency A&E Professional Services Cost Agreement Number Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). LA11030 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit G -1(a) Exhibit G -1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Exhibit G Certification Documents 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: LAI 1030 Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Exhibit G -1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Psomas whose address is 3131 Elliott Ave, Suite 400, Seattle, WA 98121 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 City of Tukwila 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. Psomas Consultant (Firm Name) 2.17.25 Signature (Authoriz d 0 cial of Co s Itant) Date Agreement Number: LAI 1030 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit G-1 (b) Certification of City of Tukwila I hereby certify that I am the: M Certified Authority ❑ Other of the City of Tukwila and Psomas 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. Signed by: EC-z43$as4SB-4� ... Signature 3/7/2025 1 1:20 PM PST Date Agreement Number: LAI 1030 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. I1. 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. Psomas Consultant (Firm Name) KI cx'�4 ya. L=�_ Signature (Authorized ffia I of Consu nt) 2.17.25 Date Agreement Number: LAI 1030 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 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: 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. Psomas Consultant (Firm Name) I2.17.25 Signature (Authorized ffici of Consul t) Date Agreement Number: LAI 1030 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 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 Interurban Avenue S Overlay are accurate, complete, and current as of 2.11.2025 *. 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: Psomas Kta4,,,A Signature Date of Execution***: Vice President Title *identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) * *Insert the day, month, and year. when price negotiations were concluded and price AGREEMENT was reached. * * *Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: LAI 1030 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ N/A Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $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: $N/A • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: LAI 1030 Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 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 uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: LAI 1030 Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: LAI 1030 Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step I Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: LAI 1030 Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: LAI 1030 Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 2 of 2