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HomeMy WebLinkAbout25-086 - Contract - Shae, Carr, & Jewell, Inc. - Design Services: Orillia Road South25-086 Council Approval 3/3/25 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): Shea, Carr & Jewell, Inc. Address Federal Aid Number 1201 3rd Avenue, Suite 550, Seattle, WA 98101 NHPP-1230(007) UBI Number Federal TIN 602 612 261 20-4834444 Execution Date Completion Date Exhibit G 12/31/2025 1099 Form Required Federal Participation ❑ Yes ❑ N o ■❑ Yes [E] No Project Title Orillia Road S Overlay Description of Work This project includes roadway overlay, digouts/pavement reconstruction, and ADA improvements, such as upgrading curb ramps and crossings to enhance accessibility and safety for all users. These enhancements ensure compliance with current ADA standards while improving the overall functionality of the corridor. ❑■ Yes ❑ No DBE Participation Maximum Amount Payable: 119,881.00 Yes ❑ No MBE Participation ❑ Yes ❑ No WBE Participation ❑ Yes ❑ No SBE Participation 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 F'Yh h� a Exhibit I E���1��y�Tns�ranseP Insr�s� Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures LA11024 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07130/2022 Page 1 of 14 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the Shea, carr & Jewell, Inc. hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 2 of 14 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 absence 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: If to CONSULTANT: Name: Adam Cox Name: Scott Sawyer Agency: City of Tukwila Agency: SCJ Alliance Address: 6300 Southcenter Blvd. Suite 200 Address: 1201 3rd Avenue, Suite 550 City: Tukwila State: WA Zip: 98188 City: Seattle State: WA Zip:98101 Email: Adam.Cox@tukwilawa.gov Email: scott.sawyer@scjalliance.com Phone: 206-431-2446 Phone: 360-480-7743 Facsimile: NSA Facsimile: N/A IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 3 of 14 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. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E" will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 4 of 14 A. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub -consultants. Air or train travel will be reimbursed only to lowest price available, 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 the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card 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 these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum 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. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit "D," including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D. 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 SERVICES under this AGREEMENT, contingent 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. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," 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 E. 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 5 of 14 VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and 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 acknowledgment 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 agreement. 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 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. Agreement Number: Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 6 of 14 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 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 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 in accordance with the termination for other than default clauses listed previously. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 7 of 14 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. 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 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 8 of 14 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 tie , 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. The Parties have mutually negotiated this waiver. 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 9 of 14 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: 6300 Southcenter Blvd. Suite 200 City: Tukwila State: WA Zip: 98188 Email: Adam.Cox@tukwilawa.gov Phone: 206-431-2446 Facsimile: N/A 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 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. 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 inlaw. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 10 of 14 XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENTS 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. 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 11 of 14 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 and AGENCY 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. 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 12 of 14 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 ("ESP'), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTS, 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, 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 13 of 14 For purposes of this AGREEMENT, "ESP' 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. Signedby: vias hllm , EE-243g6s4 B4 ... Signature 14 Signature 3/17/2025 1 1:23 PM PDT Date April 16, 2025 Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 14 of 14 Exhibit A Scope of Work Pro)ect No. NHPP-1230(007) Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Scope of Work Orillia Road S Overlay A Prepared For: Adam Cox, PE Prepared By: Scott Sawyer, PE Date Prepared: February 06, 2025 The City of Tukwila received a 2023 NHS Asset Management Program grant for Orillia Rd South to preserve and enhance National Highway System facilities. The grant supports improvements on Orillia Rd South between S 188th St and S 204th St, a critical 0.75 -mile arterial that connects businesses and residents to the City and major roadways, including I-5 and S 212th St. The project will not resurface the road at the intersection of Orillia Rd S and 200th St as that work was completed in 2021. The project does not include the area from 700' north of 200th St to 475' south of 2001h St. The project also will replace channelization matching existing conditions. This project includes essential ADA improvements, such as upgrading curb ramps and crossings to enhance accessibility and safety for all users. These enhancements ensure compliance with current ADA standards while improving the overall functionality of the corridor. Ta s 'I i iiir° ° t II a geiar iii �t 1) Management: Manage the project by directing and supervising consultant staff and subconsultants and reviewing work for the duration of the project. This management is for the overall work rather than specific tasks. 2) Schedule and Budget: Develop a critical path project schedule to match the scope of work. Identify task durations, predecessors, City reviews, agency reviews, deliverables, and milestones. Review and update the schedule on a monthly basis. Monitor earned value and actual costs on a monthly basis. Provide monthly billing statements to the City including project status, earned -value reporting, overall budget and schedule confirmation, and review for each progress billing period. 1) Progress Billings: Prepare a monthly progress bill with weekly progress reports attached. Bills will show staff hours for each phase (i.e., Phase 1: Project Management). Scrape of Work Orilllia [load S Overpay S C,J A" L_L. IA11,1C E F=ebruary 6, 202 Page 2 of 11 2) Filing: Develop a project filing system and maintain project files in one centralized location. Periodically purge draft and redundant documents. Contract documents will be maintained separate from project technical files. 3) Subconsultant Administration: Execute and administer sub agreements. Review and approve monthly invoices. Subtask .3 Project Meetings 1) Project Team Meetings: Lead periodic meetings (up to six 1 -hour long meetings) with the Project Team to be attended by the Consultant Project Manager, Consultant Task Leads, and City Staff. Task Leads will be limited to those disciplines with active work activities. Prepare meeting notes, manage an Action Item Log to document meeting actions and meeting decisions. ubtask 4 QAIQC 1) Quality Assurance: The project will follow a comprehensive QA plan, aligning with City of Tukwila standards. Senior staff will oversee deliverables, ensuring compliance with project -specific requirements. Regular team meetings and milestone reviews will maintain consistency, address issues, and confirm adherence to project objectives. 2) Quality Control: QC will include independent reviews at each design milestone to verify compliance with ADA, WSDOT, and City standards. Senior and peer reviews of all deliverables will ensure the PS&E package is complete, accurate, and ready for implementation. �� ng �.J III m �:° :. IIS .� III m d iii III Project management will be provided over a 6 -month time frame and the estimated number of meetings and project coordination is reflected in the budget. Progress billings will be submitted monthly to the City. Timelines and milestones will be outlined in a master schedule using Microsoft Project and will be updated for each progress billing. C°eIIII lint ellrIISIIIIe Periodic Progress Report submitted via email in PDF format. Progress billings submitted monthly submitted via email in PDF format. MS Project schedule updates submitted via email in PDF format. Meeting notes and Action Item Log for Project Team Meetings submitted via email in PDF format. Taslk 2 SixrveyIIS : 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri Scrape of Work Orilllia [load S Overpay S C,J A" L_L. IAII J C E February G, 202 Page 3 of 11 1) Survey Control: Research record information for completion of boundary calculations and for existing control. Perform random fieldtraversesurveylocatingexistingmonumentation,cadastralsurvey corners, property corners, or survey monumentation as recoverable through a diligent search to tie topographic survey to the existing monumentation of the Right of Way. The field control portion of this budget will also be used to tie the survey control to the City of Tukwila datums: NAD 83/11 (State Plane, WA North Zone) Horizontal Datum and NAVD 88 Vertical Datum. Locating necessary monuments and benchmarks to be utilized for the topographic survey. WSDOT monuments will be tied for control as well. 2) Topographic Survey of S 204th St: Perform a full topographic survey of the above -referenced Orillia Road South ROW. Full ROW topo limits will be 150 feet each direction of the intersection of Orillia Rd & S. 204th St (Approx. 450 LF) Perform a full Topographic survey of all visible surface features and utilities within the said limits in accordance with American Society of Civil Engineers (ASCE) Standard 38-02, Quality Level -B (QL-B).At a minimum, the topographic survey will identify the following: Locations of observable surface features within the survey limits, (i.e., utilities, retaining walls, rockeries, access areas, curbing, sidewalks, parking areas, paved drives, concrete pads, sidewalks and driveways, pedestrian paths, fences, striping, signs, buildings, hedges, trees, etc.) at the time of the survey. Location of all utility paint line marking done by others. Takesurvey shots along cross section lines at every 25' station left and right along construction centerline and stationing established and provided by the city. Also take regular shots for optimal creation of existing ground surface model. At a minimum, at least every 25', the following surface features shall be surveyed and mapped in the topographic survey. (a) Curbs, Curb and gutters including flow line, front and back of curb tops (b) Sidewalks, type specified, hatch if concrete. (c) Pavement, type specified, hatch if concrete. (d) Roadway pavement crown line. (e) Driveways, type specified, hatch if concrete. (f) Gravel areas. (g) Retaining walls including top and toe, type specified. (h) Storm drainage structures surveyed and measured (including type of structure, invert elevation and direction, and rim elevation) Pipes, types and sizes. (i) Ditches and edges of water courses, top and bottom lines and any culvert type, size and invert elevation. (j) Sanitary sewer structures (including type of structure, invert elevation and direction, and rim elevation) Pipes, types and sizes. (k) Water utilities (valves, hydrants, blowoffs, etc.). (1) Visible irrigation boxes but not sprinkler heads. 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri Scrape of Work Orilllia [load S Overpay S C,J A" L_f..IA 11,1 CE February 6, 202 Page 4 of 11 (m) Power structures, poles, guys, and lines (for aerial lines, show horizontal location for all lines on pole). For overhead wires crossing Orillia Road S. locate elevation and location of wires at poles and mid span (sag). (n) Natural gas valves, lines, and blowoffs. (o) Telephone lines and structures. (p) Cable lines and structures. (q) Traffic signal and street lighting poles, conduit, and junction boxes. (r) Signage, development or community signs. (s) Plastic and painted Channelization, pavement markings, arrows and letters, crosswalks (striping including parking lot areas). (t) Buildings within 50' of the right of way. (u) Vegetation (list trunk diameter and type for trees if 2" or greater). (v) Fences and railings. (w) Mailboxes. (x) Bollards. (y) Grade break lines, top and toe of slope lines. (z) Identify and define edges of landscaped or areas of lawn and tended planted areas in or out of R/W, if accessible. Reduce field notes, plot elevation data obtained from said field survey and prepare drawings for design use at a convenient scale showing all data obtained, along with 1 -foot contours. Spot elevations will be shown where deemed necessary, roadway surface accuracy is 0.1'. All storm & sewer as -built information to be incorporated on drawings. 3) Utility Dips: Storm and sanitary sewer locates within the Survey limits will identify the following on each storm and sewer structure: Structure type and size, rim and bottom of structure elevations Invert elevations, size and type of pipes. Ladders. Location oil/water separator details Coordinate and analyze record locations of utilities as available and necessary for design which may not be accessible at the time of the field survey. Apex will locate all underground utility paint line information and locations within the survey limits. The painting of these lines by a Utility Marking company and will be provided by a sub- consultant. See task 2.2 below. 4) Additional Topo: Perform additional topo as directed by engineer. 5) Spot Checks: Perform a partial topographic survey of the above -referenced Orillia Road South ROW. The survey limits are shown on attached Survey Limits map. Partial ROW topo limits will be from the north extent of the full ROW topo limits to 475 feet south of the intersection with S. 200th St. Also, from 700 north of said intersection to the south side of the intersection with S. 188th St. (Approx. 3,800 If). Partial topographic survey to include spot checks on the edge of pavement/curb flow line and the centerline of roadway at 50 foot stations for the entire 3,800 foot length. 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri SCJ af° LL.IAPJCE SLS i -ask 2 UtilicateServices Scrape of Work Orilllia [load S Overlay F=ebruary 6, 202 Page softt 1) Coordinate with and provide Private Utility Locate service to delineate all conductible utilities within the survey S. 204th St limits. Survey mapping of all delineated utilities in Subtask 2 is included in Subtask 1 above. t g L.) Ilan d � � IIS°�� � Ilan �:° iii Ilr�� GIS will be provided by the City for the rest of the basemap Topographic Survey Base Map to include full topo limits, partial topo limits and all calculated right of way lines and centerlines as well as adjoining parcel lines for each property abutting the Orillia Road South right of way. ;IIII lint ellrIISIIIIe AutoCAD Civil 3D survey basemap 1) Guardrail Assessment: Review guardrail systems within the project limits for compliance with WSDOT standards. Document existing guardrail conditions, including damage, post spacing, and end terminal types. Evaluate guardrail placement and length of need based on roadside geometry and potential hazards. Subtask2 ADA Facilil� Assessment 1) ADA Facility Assessment: Inspect curb ramps, and pedestrian crossings for ADA compliance. Measure and document key attributes, including ramp slopes, landing areas, cross slopes, and detectable warning surface presence. Identify non-compliant features and prioritize improvements for accessibility. s f �� III .� �:� � IIS III .� �:� iii III m . Field Assessments will be conducted by two engineers. Consultant will not perform pavement assessment as City has performed a citywide PCI study. IIII...° IIII Iii��:�� IIS � IIS IIII Guardrail assessment report detailing existing conditions, compliance issues, and upgrade recommendations submitted via email in PDF format. 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri Scrape of Work Orilllia [load S 07verllay S C,J A�C.i»..IA1"10E February 6, 2026 Mage 6 of 11 ADA assessment report with measurements, photos, compliance status, and prioritized recommendations for upgrades submitted via email in pdf format. �ua�IIN a" � 'fIIrf IIIIIriatIIII IIri � ��IIII IIII .'"„ �o 1) Conflict Analysis: Identify and document in a PDF roll plot the locations of existing utilities and overhead lines, based on survey data and utility as-builts. Analyze the proposed design to identify potential conflicts between existing utilities and new improvements. 2) Coordination Meetings: Organize and facilitate coordination meetings with utility providers to discuss identified conflicts and coordinate relocations. Coordinate with utility providers while they develop relocation. Maintain communication with utility providers to keep them informed of project schedules, design progress, and construction timelines. Document agreements and action items from each coordination meeting. LJ Ilan d fflrst a Ilan d iii Ilr�i Utility relocation plans will be prepared and provided by the utility providers. IIII...°IIII Iii��:��II� IIIIII� Utility Conflicts exhibits submitted via email in PDF format. Meeting agendas, minutes, and correspondence summarizing decisions and next steps submitted via email in PDF format. Ta s 5 SidewaVIdk Upgrade IIFeas ii Ili liii VIII lili" .'„ Subtaskl Existing Condition Assessment 1) Existing Condition Assessment: Conduct a field inspection and ADA review of the sidewalk measuring key features such as sidewalk width and cross slope. Document deficiencies with photos and annotated field maps, identifying non-compliant features and obstacles to making them compliant. This task will occur at the same time as Task 3.1. Sf bta c)nc pt Development "f"fent 2nd Cost Estimate "f t"fa' 'e 1) Concept Development and Cost Estimate: Develop design concepts for upgrading non-compliant sidewalk. Evaluate up to two (2) concept design solutions for constrained locations (i.e. steep slopes). Prepare preliminary cost estimates for each alternative. 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri Scrape of Work Orilllia [load S Overlay S C,J A" L_L. IA11,1C E F=ebruary 6, 202 Page '7 of 11 1) Technical Memo: Summarize the findings from the existing condition assessment and concept development in a draft technical memo. Provide recommendations for future projects to address the deficiencies in the sidewalk and pros/cons of each concept developed.. Prepare a final technical memo based on the draft comments. L,J Iln d eIS°.a n d iii Ilan . The site assessment will occur concurrently with Task 3.1. Up to two concepts will be developed. If walls are included in the alternatives, a wall type and estimate will be provided based on previous experience without any geotechnical work. C°eIIII lint ellrIISIIIIe Technical Memo submitted via email in PDF format Ta s 6 Review and Subtaskl NEPA Review 1) WSDOT NEPA Kickoff Meeting: Meet with WSDOT Local Programs to confirm the NEPA class of action and any technical analyses required. 2) NEPA Categorical Exclusion: Prepare the NEPA Categorical Exclusion documentation following WSDOT Environmental Manual procedures using the WSDOT Environmental Classification Summary (ECS) form. 3) Submitted the ECS Form: Submit the ECS form to WSDOT for review. Amend, if necessary, and prepare the final ECS form for WSDOT approval and processing. s ng L,J III .i �:� � IIS III .� �:� iii II A Categorial Exclusion (CE) will be the appropriate NEPA class of action for this project. No technical reports, other than those described in this scope of work, will be required to comply with NEPA. WSDOT will issue a No -Effect determination for Endangered Species Act compliance. IIIC° ;�IIII lii��:�� ll� IIS IIII ;� Preliminary Draft ECS form for project team and City review submitted via email in PDF format. Draft ECS form for WSDOT review submitted via email in PDF format. Final ECS form for WSDOT approval submitted via email in PDF format. T a s�k "7 C tj Illll . iii iiir- VIII IlR iii iiir-c e s tl iiri As the project involves FHWA/WSDOT funding, compliance with Section 106 of the National Historic Preservation Act is required. According to Washington State Department of Archaeology and Historic 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri Scrape of Work Orilllia [load S Overpay S C,J A" L_L. IA11,1C E F=ebruary 6, 202 Page 8 of 11 Preservation (DAHP) records, the project area has not been previously surveyed for cultural resources. The DAHP probability model indicated that the project area is low to moderate risk for encountering archaeological materials. No sites or historic properties have been recorded within the APE. Subtask'ICultural Resources 1) Project Management and Administration: Coordinate with SCJ throughout the duration of the project, and WSDOT/DAHP as needed. 2) Area of Potential Effect Determination: Work with WSDOT, the City, and SCJ to determine the Area of Potential Effect (APE). This includes drafting and finalizing a formal APE letter for WSDOT/DAHP review and approval. 3) Background: conduct background research using the Washington Information System for Architectural and Archaeological Records Data (WISAARD) system managed by DAHP. Additionally, conduct environmental, ethnographic, and historic research using publicly available sources which may include historic maps and aerials from the Bureau of Land Management's General Land Office (GLO) Survey Records database, HistoryLink.org, County Assessor's databases, Natural Resources Conservation Service soil survey data, Department of Natural Resources' Geologic Information Portal and LiDAR databases, Historic Map Works, ESRI's Historical Topographic Map Explorer and other published sources. 4) Archeological Survey: Conduct a pedestrian survey of the project area that conforms to Washington DAHP guidelines. Archeologists will note ground visibility and record cultural resources meeting the DAHP definitions of isolates and sites. Given the limited subsurface impacts of the project and existing impervious surfaces, no subsurface testing is anticipated. S) Reporting: Prepare a cultural resources report meeting DAHP standards. The draft and final report will include an abstract describing the project, the project area, the environmental and cultural setting, literature review, research design and methods, results and analysis, recommendations, bibliography, maps, and photographs. The report will also include an inadvertent discovery plan (IDP) for use during construction. LJ Ilan d fflista an d iii Iln j No archeological resources will be identified One round of report revisions will be required No built environment review (historic property inventory) is required No previously recorded sites are within the project area which require revisiting eIIIIlIve,a IIbIIII APE letter for WSDOT/DAHP submitted via email in PDF format. Draft Cultural Resources Report submitted via email in PDF format. Final Cultural Resources Report submitted via email in PDF format. 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri SCJ A�LLIAPJCE m Ta ��II� II iiir° � ilii iiir l ilii ii I iiir IlDe iiii lin Subtaskl 30% Design Scrape of Work Orflika [load S Overlay February 6, 202 Mage 9 oft t 1) Roadway: Determine extents of full depth pavement repair, and overlay. Determine extents of guardrail replacement and curb and gutter replacement. 2) ADA Curb Ramps: Select type of each ADA ramp and perform preliminary grading at intersections (two ramps) 3) Striping and Signing: Review existing signage and striping configurations along the project corridor. Develop a preliminary striping plan adhering to MUTCD and WSDOT standards. Identify signage updates, relocations, or additions. 1) Plans: Prepare 30% design plans including: Title Sheet with project location map (1 sheet), NTS Typical Section (2 sheets), NTS Roadway Plan Sheets (4 sheet, double stacked) 1"=20' (22"04") : These plans also contain alignment, removal, and paving information Signing and Striping Plan (4 sheets, double -stacked), 1"=20' (22"04") 2) Estimate: Develop quantities based on plans. Assign unit costs for quantified items and assign lump sum costs to other items based on professional judgement. Develop a preliminary level cost estimate that includes a 30% contingency Subtask,3 MEF Documentation 1) MEF Documentation: Prepare MEF Documentation for the curb ramps on the project Two rounds of additional revisions to the documentation are assumed. The curb ramps at the intersection of S 2001h St and Orillia Rd S are not included as they were previously completed in 2021. Work will not include the intersection of S 200th St and Orillia Rd S, but will tie into the project that was completed in 2021. Only two rounds of revisions are assumed for the MEF documents. Stormwater design is not required for the plans. Push buttons and electrical work is not required for the plans. IIII ��IIII lii��ll�°� II��IIII 30% plans submitted via email in PDF format 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri SCJ A�LLIAIIJCE Scrape of Work Orilllia [load S Overpay F=ebruary 6, 2025 Page 10 of 11 30% cost estimate submitted via email in PDF format Stormwater Pollution Prevention Plan submitted via email in PDF format MEF Documentation submitted via email in a s�Ik 9 Fiiii iiia VIII Ili esa 'iii iiia 1) Over the Shoulder Review: Plan and lead a virtual meeting with the City to review design and plan progress with the City between Preliminary Design and 90% PS&E. Discuss traffic control options at the meeting. 2) 90% Plans: The 90% plan will include the following sheets: Title Sheet with project location map (1 sheet), NTS Summary of Quantities (1 sheet), NTS Typical Section and Detail Sheets (4 sheets), NTS Roadway Plan Sheets (4 sheets Double Stacked) 1"=20' (22"x34") These plans also contain alignment, removal, and paving information Curb Ramp Detail Sheets (1 sheet) 1" = 10' (22"x34") Signing and Striping Plan (4 sheets, double -stacked), 1"=20' (22"x34") Typical Traffic Control Plans (4 sheets), NTS 3) 90% Engineer's Estimate: Develop quantities based on the 90% plan. Assign unit costs for quantified pay items and assign lump sum costs to other items based on professional judgment. Add these items to the construction estimate specified in the original scope. 4) 90% Contract Documents: Add special provisions using the WSDOT PS&E Program to the contract documents prepared for the original scope. Write project -specific special provisions for all non-standard items. Combine special provisions with City -provided front-end materials to prepare a Project Manual. Subta S 1) Final Plans: Respond to 90% review comments in a Bluebeam Session format. Attend one meeting with the City to resolve comments from the 90% review. Update the plans per the 90% review 2) Final Engineer's Estimate: Update the quantities to reflect the plan updates. Prepare Unit Price Worksheet including item descriptions, unit, quantity, and cost. Update the engineer's estimate with the revised quantities. 3) Final Contract Documents: Update the special provisions and Project Manual to reflect plan updates Prepare Bid Documents for City. 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri Stormwater design is not required for the plans. Push buttons and electrical work is not required for the plans. Scrape of Work Orilllia [load S Overlay February 6, 202 Page 11 of 11 90% plans submitted via email in PDF format. 90% cost estimate submitted via email in PDF format. 90% special provisions and project manual submitted via email in PDF format. Final plans submitted via email in PDF format. Final cost estimate submitted via email in PDF format. Final special provisions and project manual submitted via email in PDF format. Bid Documents submitted via email in PDF format. CAD files packaged together in zip file submitted via email. Stormwater Pollution Prevention Plan submitted via email in PDF format. End of Proposal 1.2011. � h1iird Ave, Su !I te SS0 * pmeattlle, W A 9811.0'3 *Off l!Ice 206J39 5454 4� II Fax 3603S2 f Pn09 * sc. allllairur.rcr.r:z,uiriri Exhibit B DBE Participation Plan 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. Participation l Apex Engineering, LLC Cert#D2FOO2 475 Budget. $25,221 (21.0% of total feel Survey (Task 02) Total commitment for DBE firms: $25,221 or 21.0% of the total fee of $119,881, which exceeds the DBEgoal of 16%, for this project. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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 One Drive, FTP site, PDF B. Roadway Design Files One Drive, FTP site, PDF C. Computer Aided Drafting Files One Drive, FTP site, PDF Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 D. Specify the Agency's Right to Review Product with the Consultant The Agency has the right to review the product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency Scope of Work, Schedule, Budget, Construction Plans, Survey, Environmental Documents, and reports. F. Specify What Agency Furnished Services and Information Is to Be Provided Project management and review of all deliverables. Final approval of engineering plans and reports. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 It. Any Other Electronic Files to Be Provided No IIL Methods to Electronically Exchange Data One Drive, FTP site, PDF Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 A. Agency Software Suite Microsoft B. Electronic Messaging System Outlook C. File Transfers Format Files to be transferred in PDF format. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit D Prime Consultant Cost Computations Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Subconsultant Fee Determination Summary - Exhibit E-1 SCJ Alliance Client: City of Tukwila $42,475.08 Fixed Fee Cost Project: Orillia NHS Overlay Total Salary Cost $74,785.69 Job p: 24-00779 File Name: Orillia Overlay_sb_v2.xlsm Consultant Fee Determination dYfkrNU'f"SAkARY f:fi"VST Classification Hours Direct Hourly Rate Principal 48.0 $100.98 Principal 2.0 $84.54 PM2 Project Manager 113.0 $72.10 Senior Consultant 31.0 $81.37 E3 Engineer 76.0 $44.00 El Engineer 162.0 $31.00 Project Accountant 6.0 $41.00 Overhead Rate Fee Rate (% of Direct Salary + Overhead) F0 IAL SALARY d;CkST .$'j.M1JCO'N.S111. YAfdj°IS Apex Westland 174.81% Direct Salary Cost: $24,297.86 12.00% Direct Salary + Overhead Cost: $66,772.94 Task02 Survey (Apex) Task07 Cultural Resources (Westland) Subconsultant Fee Subtotal: $0 Subconsultant Markup: 0/ Template Version: 12/11/2024 Contract Type: LAG Contract Amount $4,847.01 $169.08 $8,147.30 $2,522.47 $3,344.00 $5,022.00 $246.00 Total Direct Salary Cost $24,297.86 Overhead Cost $42,475.08 Fixed Fee Cost $8,012.75 Total Salary Cost $74,785.69 $25,221 $9,874 $35,095.45 $0.00 f'j'$, Jjl'9B fMC."wABj E EXPENSES Copies, Printing, etc. 0.0% of the Direct Salary Costs $0.00 Mileage 0 miles at $0.670 per mile $0.00 Expenses Subtotal: $0.00 Expenses Markup: 0% $0.00 .$'j.M1J'j"(P°IAL j""u'.4k.% RY, ."'k./11R::O'PdS111.'j'AN IS AND d':Xfsj', N.$'E-5) Subtotal (Salary, Subconsultants and Expenses) $109,881.14 Management Reserve: $10,000 $10,000.00 Total Estimated Budget: $119,881.14 3/6/2025 Page 1 Subconsultant Labor Hour Estimate SO Alliance Client: City of Tukwila Project: Orillia NHS Overlay lob #: 24-00779 File Name: 0r01iaoverlay_sb_v2 (conflict copy from scott.s,,W,CWsq Template Version: 12/11/2024 Contract Type: LAG Contract r K'C,R X L f AV,Pa:7EE Task 01 Project Management Subtask 01 Management $ 1,864.81 1 2 Susann Sharese Andrew 3.0 $ 932.40 3.0 $ 932.40 Scott Sawyer Steve Dorau Danyal Ali Kim Brown Subtask 02 Administration 2,088.64 1 Progress Billings eabaei Graham Armstrong 6.0 8.0 $ 1,200.99 2 3 Filling Subconsultant Administration 2.0 2.0 Total Direct Phase & phase &Task Title Principal Principal �P'""ject Senior E3 Engineer E3 Engineer Project Labor Hours & Total Cost Task No. $ 4,353.91 1 Project Team Meetings Manager Consultant 6.0 3.0 3.0 Accountant Cost Task 01 Project Management Subtask 01 Management $ 1,864.81 1 2 Management 3.0 Schedule and Budget 3.0 3.0 $ 932.40 3.0 $ 932.40 Subtotal Hours: 6.0 6.0 $ 1,864.81 Subtask 02 Administration 2,088.64 1 Progress Billings 2.0 6.0 8.0 $ 1,200.99 2 3 Filling Subconsultant Administration 2.0 2.0 2.0 $ 443.83 2.0 $ 443.83 Subtotal Hours: 6.0 6.0 12.0 $ 2,088.64 Subtask 03 Project Meetings $ 4,353.91 1 Project Team Meetings 6.0 6.0 3.0 3.0 18.0 $ 4,353.91 Subtotal Hours: 6.0 6.0 3.0 3.0 18.0 $ 4,353.91 Subtask 04 QA/QC $ 6,216.03 1 Quality Assua nce 10.0 10.0 $ 3,108.01 4 Quality Control 10.0 10.0 $ 3,108.01 Subtotal Hours: 20.0 20.0 $ 6,216.03 1 d7 3/6/2025 Subconsultant Labor Hour Estimate SO Alliance Client: City of Tukwila Project: Orillia NHS Overlay Job #: 24-00779 File Name: orillia overlay_sb_v2 (conflict copy from scott.sawy ,C�sq Template Version: 12/11/2024 Contract Type: LAG Contract r K'C,R X L f AV,Pa:7EE Task 02 Survey (Apex) Task 03 Field Assessments Susann Sharese Andrew Utility Coordination 4.0 Scott Sawyer Steve Dorau 1 4.0 $ 887.66 Danyal Ali Kim Brown 4.0 eabaei Graham Armstrong Subtask 02 ADA Facility Assessment $ 3,054.48 1 ADA Facility Assessment 2.0 4.0 16.0 Total Direct Total Phase & phase & Task Title Principal Principal PM2 Project Senior E3 Engineer E3 Engineer Project Labor & TOYpI COSY Task No. Manager Consultant Accountant Cost Total Phase Hours: 32.0 12.0 3.0 3.0 6.0 S6.0 S6.0 Total Phase Direct Labor: $3,231.34 $865.20 $244.11 $132.00 $246.00 $4,718.65 $ 14,523.39 Task 02 Survey (Apex) Task 03 Field Assessments Subtask 02 Guardrail Assessment 887.66 1 Guardrail Assessment Subtask 01 Utility Coordination 4.0 3,604.06 1 4.0 $ 887.66 Subtotal Hours: 4.0 8.0 10.0 $ 4.0 $ 887.66 Subtask 02 ADA Facility Assessment $ 3,054.48 1 ADA Facility Assessment 2.0 4.0 16.0 10.0 $ 20.0 $ 3,054.48 Subtotal Hours: 2 d7 4.0 16.0 24.0 $ 3,054.48 Total Phase Hours:1 8.0 16.0 24.0 $ 24.0 Total Phase Direct Labor: $576.80 $704.00 $1,280.80 $ 3,942.14 Task 04 Utility Coordination Subtask 01 Utility Coordination $ 3,604.06 1 Conflict Analysis2.0 8.0 10.0 $ 1,207.14 2 Coordination Meetings 2.0 8.0 10.0 $ 2,396.92 2 d7 3/5/2025 Subconsultant Labor Hour Estimate SO Alliance Client: City of Tukwila Project: Orillia NHS Overlay Job #: 2400779 File Name: orillia 0verlay_sb_v2 (conflict copy from scott.s ,W,Cr sq Template Version: 12/11/2024 Contract Type: LAG Contract r K'C,R X L f AV,Pa:7EE Total Phase Hours:1 2.0 10.0 8.0 20.0 $ 20.0 Total Phase Direct Labor: $201.96 $721.00 $248.00 $1,170.96 $ 3,604.06 Task 05 Sidewalk Upgrade Feasibility Susann Sharese Andrew Scott Sawyer Steve Dorau Existing Conditions Assessment Danyal Ali Kim Brown $ eabaei Graham Armstrong 1.0 1.0 2.0 $ 357.34 Total Direct Total Phase & phase & Task Title Principal Principal PM2 Project Senior E3 Engineer E3 Engineer Project Labor & TOYpI COSY Task No. Manager Consultant Accountant Cost Subtotal Hours: 2.0 Concept Development and Cost Estimate 10.0 8.0 20.0 $ 3,604.06 Total Phase Hours:1 2.0 10.0 8.0 20.0 $ 20.0 Total Phase Direct Labor: $201.96 $721.00 $248.00 $1,170.96 $ 3,604.06 Task 05 Sidewalk Upgrade Feasibility Subtask 01 Existing Conditions Assessment $ 357.34 1 Existing Conditions Assessment 1.0 1.0 2.0 $ 357.34 Subtotal Hours: 1.0 1.0 2.0 $ 357.34 Subtask 02 Concept Development and Cost Estimate $ 2,367.13 1 Concept Development and Cost Estimate 2.0 8.0 8.0 18.0 $ 2,367.13 Subtotal Hours: 2.0 8.0 8.0 18.0 $ 2,367.13 Subtask 03 Technical Memo $ 4,563.74 1 Technical Memo 2.0 8.0 16.0 26.0 $ 4,563.74 Subtotal Hours: 2.0 8.0 16.0 46.0 $ 4,563.74 Total Phase Hours:1 2.0 2.0 9.0 2S.0 8.0 46.0 $ 46.0 Total Phase Direct Labor: $201.96 $169.08 $548.90 $1,100.00 $248.00 $2,367.94 $ 7,288.21 Task 06 Environmental Review and Documentation 3 d7 3/fi/2a25 Subconsultant Labor Hour Estimate SG Alliance Client: City of Tukwila Project: Orillia NHS Overlay Job #: 2400779 File Name: Orillia overlay_sb_v2 (conflict copy from scott.sawy ,C�sq Template Version: 12/11/2024 Contract Type: LAG Contract r K'C,R X L f AV,Pa:7EE Subtask 01 Environmental Review and Documentation $ 7,012.50 1 WSDOT NEPA Kickoff Meeting Susann Sharese Andrew 15.0 $ 2,379.75 14.0 $ 2,272.57 3 4.0 $ 1,001.79 2 Scott Sawyer Steve Dorau 8.0 12.0 $ 1,650.97 16.0 Danyal Ali Kim Brown 16.0 $ 4,007.14 3 Submit ECS Form Babaei Graham Armstrong 8.0 $ 2,003.57 Subtotal Hours: 28.0 28.0 $ 7,012.50 Total Total Direct Phase & phase & Task Title Principal Principal PM2 Project Senior E3 Engineer E3 Engineer Project Labor & TOYpI Cosy Task No. Manager Consultant Accountant Cost Subtask 01 Environmental Review and Documentation $ 7,012.50 1 WSDOT NEPA Kickoff Meeting 2.0 4.0 12.0 4.0 15.0 $ 2,379.75 14.0 $ 2,272.57 3 4.0 $ 1,001.79 2 NEPA Categorical Exclusion 8.0 12.0 $ 1,650.97 16.0 10.0 16.0 $ 4,007.14 3 Submit ECS Form 8.0 8.0 $ 2,003.57 Subtotal Hours: 28.0 28.0 $ 7,012.50 Total Phase Hours: 28.0 1 28.0 $ 28.0 Total Phase Direct Labor: $2,278.36 1 $2,278.36 1 $ 7,012.50 Task 07 Cultural Resources (Westland) Task 08 Preliminary Design Subtask 01 30% Design 1 $ 6,303.29 1 2 Roadway 1.0 ADA Curb Ramps 2.0 2.0 4.0 12.0 8.0 15.0 $ 2,379.75 14.0 $ 2,272.57 3 Signing and Striping 4.0 8.0 12.0 $ 1,650.97 Subtotal Hours: 3.0 10.0 12.0 16.0 41.0 $ 6,303.29 Subtask 02 30% Plans and Estimate $ 6,946.14 1 Title Sheet 4.0 4.0 $ 381.66 2 Typical Section 2.0 4.0 6.0 $ 825.49 4 d7 3/6/2025 Subconsultant Labor Hour Estimate SO Alliance Client: City of Tukwila Project: Orillia NHS Overlay Job #: 24-00779 File Name: orillia overlay_sb_v2 (conflict copy from scott.sawyerasq Template Version: 12/11/2024 Contract Type: LAG Contract r K'C,R X L f AV,Pa:7EE Subtask 03 MEF Documentation Susann Sharese Andrew $ 2,272.57 1 MEF Documentation Scott Sawyer Steve Dorau 4.0 Danyal Ali Kim Brown 14.0 $ 2,272.57 ¢abaci Graham Armstrong 5 4.0 8.0 8.0 113.0 $ 2,272.57 6 7 Curb Ramp Detail Sheets Signing and Striping Plan Total Direct Task¢ & phase &Task Title Principal Principal PM2 Project Senior E3 Engineer El Engineer Project Labor Hours Total Cost & Task No. Total Phase Hours: S.0 Manager Consultant 64.0 Accountant Cost 5 Roadway Plan Total Phase Direct Labor: $504.90 2.0 8.0 8.0 $1,984.00 18.0 $ 2,290.55 7 Signing and Striping 15,522.01 Task 09 2.0 8.0 10.0 1,207.14 8 Estimate Subtask 01 90% PS&E 2.0 2.0 16.0 20.0 $ 2,241.31 Subtotal Hours: 8.0 10.0 40.0 58.0 $ 6,946.14 Subtask 03 MEF Documentation 2.0 2.0 $ 2,272.57 1 MEF Documentation 2.0 4.0 8.0 4 14.0 $ 2,272.57 4.0 Subtotal Hours: 2.0 5 4.0 8.0 8.0 113.0 $ 2,272.57 6 7 Curb Ramp Detail Sheets Signing and Striping Plan 2.0 2.0 16.0 4.0 18.0 $ 1,970.45 6.0 $ 825.49 Total Phase Hours: S.0 22.0 22.0 64.0 113.0 $ 113.0 Total Phase Direct Labor: $504.90 $1,586.20 $968.00 $1,984.00 $5,043.10 $ 15,522.01 Task 09 Final Design Subtask 01 90% PS&E 14,531.61 1 Over the Shoulder Reviev/ 2.0 2.0 2.0 6.0 $ 1,336.28 2 3 Title Sheet Summary of Quantities 2.0 4.0 2.0 $ 190.83 4.0 $ 381.66 4 Typical Section 2.0 4.0 6.0 $ 825.49 5 Roadway Plan 2.0 8.0 10.0 $ 1,527.24 6 7 Curb Ramp Detail Sheets Signing and Striping Plan 2.0 2.0 16.0 4.0 18.0 $ 1,970.45 6.0 $ 825.49 5 d7 3/6/2025 Subconsultant Labor Hour Estimate SO Alliance Client: City of Tukwila Template Version: 12/11/2024 Project: Orillia NHS Overlay Contract Type: LAG Contract Job #: 24-00779 File Name: 0r01ia 0verlay_sb_v2 (conflict copy from scoffs-W,e a sq r K'C,R X L. f AV,Pa:7EE 5 d7 3/6/2025 Scott Sawyer Steve Donau Susann ¢abaci Sharese Graham Andrew Armstrong Danyal Ali Kim Brown Task¢ & phase &Task Title Task No. Principal Principal PM2 Project Manager Senior Consultant E3 Engineer El Engineer Project Accountant Total Direct Labor Hours & Cost Total Cost 8 9 Typical Traffic Control Plans 90% Engineer's Estimate 2.0 2.0 8.0 8.0 10.0 10.0 $ 1,207.14 $ 1,207.14 10 90% Contract Documents 2.0 20.0 22.0 $ 5,059.89 Subtotal Hours: 4.0 34.0 10.0 46.0 94.0 $ 14,531.61 Subtask 02 100% PS&E 8,361.77 1 2 Final Plans Final Engineer's Estimate 1.0 8.0 2.0 24.0 8.0 33.0 10.0 $ 4,376.OS $ 1,207.14 3 Final Contract Documents 2.0 8.0 4.0 14.0 $ 2,778.58 Subtotal Hours: 3.0 18.0 36.0 151.0 $ 8,361.77 Total Phase Hours: 7.0 52.0 10.0 82.0 151.0 $ 151.0 Total Phase Direct Labor: $706.86 $3,749.20 $440.00 $2,542.00 $7,438.06 $ 22,893.38 Total Hours All Phases 48.0 2.0 113.0 31.0 16.0 162.0 6.0 438.0 438.0 Total Direct Labor Estimate All Phases $4,847.01 $169.08 $8,147.30 $2,522.47 $3,344.00 $5,022.00 $246.00 $24,297.86 $ 74,785.69 Indirect Costs Subconsultants: Subconsultant Subtotal: Subconsultant Markup: Subconsultant Total: Apex Westland $25,221.45 $9,874.00 $ 35,095.45 $ $ 35,095.45 5 d7 3/6/2025 Subconsultant Labor Hour Estimate SO Alliance Client: City of Tukwila Project: Orillia NHS Overlay Job #: 24-00779 File Name: Orillia Overlay_sb_v2 (conflict copy from scott.sawy ,C�sq Phase & Phase & Task Title Task No. rC,R A,tl L fr'AVfa:'.E Template Version: 12/11/2024 Contract Type: LAG Contract Susann Sharose Andrew Scott Sawyer Steve Dorau Babaei Graham Armstrong Danyal Ali Kim Brown Total Direct Principal Principal PM2 Project Senior B Engineer E3 Engineer Project Labor Hours & Total Cost Manager Consultant Accountant Cost Reimbursable Expenses: Copies, Printing, etc. $ - Mileage $ Expenses Subtotal: $ - Expenses Markup: $ Expenses Total: $ Management Reserve: $ 10,000.00 $ 119,881.14 J d7 3/5/2025 SCJ A111ar"fee Client: Project Job #: Actuals Not To Exceed Billing Rate Table (ANTE) Effective July 1, 2024 to June 30, 2025 SCJ AL.-UA1',JCE Direct Labor Rate Ranges NTE Overhead 174.81% NTE Fee 12.00% NTE Total Hourly Billing Rates NTE 1 Principal $136.12 $237.95 $44.89 $418.96 2 Senior Consultant $109.09 $190.71 $35.98 $335.77 3 Senior Engineer $66.86 $116.88 $22.05 $205.79 4 E4 Engineer $63.60 $111.18 $20.97 $195.75 5 E3 Engineer $58.38 $102.05 $19.25 $179.68 6 E2 Engineer $50.95 $89.07 $16.80 $156.82 7 E3 Engineer $41.47 $72.49 $13.67 $127.63 8 Senior Landscape Architect $64.88 $113.42 $21.40 $199.70 9 L4 Landscape $55.21 $96.51 $18.21 $169.92 10 L3 Landscape $47.70 $83.38 $15.73 $146.81 it L2 Landscape $42.79 $74.80 $14.11 $131.69 12 L1 Landscape $36.04 $63.00 $11.88 $110.93 13 Senior Planner $75.26 $131.56 $24.82 $231.64 14 P4 Planner $54.26 $94.85 $17.89 $167.01 15 P3 Planner $47.70 $83.38 $15.73 $146.81 16 P2 Planner $41.45 $72.47 $13.67 $127.59 17 PS Planner $38.48 $67.26 $12.69 $118.43 18 Senior Technician $56.18 $98.21 $18.53 $172.91 19 T4 Technician $50.67 $88.58 $16.71 $155.96 20 T3 Technician $43.05 $75.26 $14.20 $132.52 21 T2 Technician $38.16 $66.71 $12.58 $117.45 22 T1 Technician $35.37 $61.83 $11.66 $108.86 23 Senior Project Manager $97.63 $170.67 $32.20 $300.50 24 PM3 Project Manager $79.31 $138.64 $26.15 $244.11 25 PM2 Project Manager $74.90 $130.93 $24.70 $230.53 26 PM1 Project Manager $55.64 $97.26 $18.35 $171.25 30 C12 Construction Inspector $44.00 $76.92 $14.51 $135.43 32 C14 Construction Inspector $76.62 $133.94 $25.27 $235.83 35 Construction Inspector $34.83 $60.88 $11.49 $107.20 38 PC2 Project Coordinator $48.14 $84.16 $15.88 $148.17 39 PCI Project Coordinator $38.17 $66.72 $12.59 $117.47 40 Project Accountant $67.98 $118.84 $22.42 $209.23 41 IT Specialist $62.75 $109.70 $20.69 $193.15 42 Senior Marketing Coordinator $60.42 $105.62 $19.92 $185.97 43 Marketing Coordinator $42.66 $74.58 $14.07 $131.32 44 Communications Manager $59.85 $104.62 $19.74 $184.21 45 Information Services Manager $75.73 $132.38 $24.97 $233.07 46 Graphic Designer $48.76 $85.24 $16.08 $150.08 1/5�// 'Washington I e Development Nvis� ori 7W art a �� �rvev 4.,1�,�r13q at �. M @ KTg0.�A) & Office PO Box 474(M OyrgtWasn, INA 98504 7408 7345 Uncl nson Way SW T'LBPN9matF.,i, WA 9i3501 6504 l umvWS( bt0 q gd:n/ June 13, 2024 Shea Carr & Jewell, Inc dba SCJ Alliance 8760 Tallon Ln NE, Suite 200 Lacey, WA 98513 Subject: Acceptance FYE 2023 ICR — CPA Report Dear Tammy McDonald: We have accepted your firm's FYE 2023 Indirect Cost Rate (ICR) of 174.81% (rate includes 0.41% Facilities Capital Cost of Money) based on the "Independent CPA Report" prepared by Stambaugh Ness. 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(d),wsdot.wa.zov. Regards, 'r lil�ar ........................................................................................................................................ dh3atziie II....Iairvey (.iuuiri :13, 2024.14: SCHATZIE HARVEY, CPA Contract Services Manager SH: sins Exhibit E Sub -consultant Cost Computations If no sub -consultant participation listed 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 thisAGREEMENT. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Client: SCJ Project: Tukwila Overlay Project No: 37916 Direct Salary Budget Summary Phase /Task Cost DSC * Overhead (DSC+OH) * Fee Amount Total Labor Including Fee Expenses Total Total Other Cost: Phase Task IDescription 117.23% 12.00% Project Totals and Summary: Tote[ Direct Salary Cost (DSC) 1 Topographic Base Map $10,366.50 $12,152.65 $2,702.30 $25,221.45 $0.00 $25,221.45 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Salary Costs: $10,366.50 $12,152.65 $2,702.30 $25,221.45 $0.00 $25,221.45 Estimated Direct Costs: Units Unit Cost Totel Utilty Locates 0 $110.00 $0.00 Title Report 0 $400.00 $0.00 Total Other Cost: $0.00 Project Totals and Summary: Tote[ Direct Salary Cost (DSC) $10,366.50 OH @ 117.230/c DSC $12,152.65 FF @ 12% (DSC+OH) $2,702.30 Direct Expenses $0.00 Total Project Cost: $25,221.45 3/6/2025 Apex (37916) ANTE budget -030625 Client: SCJ Project: Tukwila Overlay Project No: 37916 Labor Totals: $10,366.50 226 9 9 10 9 45 72 72 $463.50 $765.00 $570.00 $540.00 $1,980.00 $3,528.00 $2,520.00 2/28/2025 Apex 37916 ANTE budge[ -022825 F m Y Staff Name:IF N a a` — 2 — F d U N mi m m ¢ — U Apex Engineering classification: a 1 0 a` m' N N Direct Rates: $ 51.50 $ 85.00 $ 57.00 $ 60.00 $ 44.00 $ 49.00 $ 35.00 Phase Task Description 1 Tnpographic Base Map Labor DollarsLabor Hours $10,366.50 226 9 9 10 9 45 72 72 o a $0.00 0 o a $0.00 0 o a $0.00 o o a $0.00 0 o a $0.00 0 o a $c.oa o Labor Totals: $10,366.50 226 9 9 10 9 45 72 72 $463.50 $765.00 $570.00 $540.00 $1,980.00 $3,528.00 $2,520.00 2/28/2025 Apex 37916 ANTE budge[ -022825 yeeName ame, First name ame: V Apex Engineering, LLC 2024 ICR 117.23% Fee 12% (OH+DSC) Total Rate Ameil, John yeeName ame, First name Job ClassificationDirect Classification Salary Cost 2024 ICR 117.23% Fee 12% (OH+DSC) Total Rate Ameil, John Construction Project Manager $ 52.00 $ 60.96 $ 13.56 $ 126.51 Parcher (PLS), Kurt Survey Project Manager $ 57.00 $ 66.82 $ 14.86 $ 138.68 Jones (PLS), Pamela Survey Project Manager $ 53.00 $ 62.13 $ 13.82 $ 128.95 McDaniel (PLS), Timothy Principal Surveyor $ 85.00 $ 99.65 $ 22.16 $ 206.80 Judge, Robert Survey Field Coordinator $ 60.00 $ 70.34 $ 15.64 $ 145.98 McKenzie, Britt Survey CAD Technician $ 44.00 $ 51.58 $ 11.47 $ 107.05 Riley, Doug Survey CAD Technician $ 49.00 $ 57.44 $ 12.77 $ 119.22 Helton, Mike Survey Field Crew Chief $ 44.00 $ 51.58 $ 11.47 $ 107.05 Morris, Erica Survey Field Crew Chief $ 43.50 $ 51.00 $ 11.34 $ 105.83 Naas, Brian Survey Field Crew Chief $ 45.00 $ 52.75 $ 11.73 $ 109.48 Painter, Brandon Survey Field Crew Chief $ 34.00 $ 39.86 $ 8.86 $ 82.72 Ward, Thomas Survey Field Crew Chief $ 39.00 $ 45.72 $ 10.17 $ 94.89 Williamson, Ryan Survey Field Crew Chief $ 39.00 $ 45.72 $ 10.17 $ 94.89 Morris, Ethan Survey Field Crew Chainman $ 31.00 $ 36.34 $ 8.08 $ 75.42 Brown, Emerson Survey Field Crew Chainman $ 30.00 $ 35.17 $ 7.82 $ 72.99 Harrington, Alexander Survey Field Crew Chainman $ 37.00 $ 43.38 $ 9.65 $ 90.02 Jacques. Austin Survey Field Crew Chainman $ 35.00 $ 41.03 $ 9.12 $ 85.15 Shouse, Abram Survey Field Crew Chainman $ 35.00 $ 41.03 $ 9.12 $ 85.15 Saunders, Staci Project Expeditor $ 46.00 $ 53.93 $ 11.99 $ 111.92 Skinner, Lyn Admin $ 51.50 $ 60.37 $ 13.42 $ 125.30 Munn, Sarah jAdmin $ 38.00 1 $ 44.55 1 $ 9.91 1 $ 92.45 2601 Soich 35th St 02,00 V Tacmai. WA 58409 1 063;073449+1 b,R ;r i /% a M//' May 3, 2024 Apex Engineering, LLC 2601 S 351h Street, Suite 200 Tacoma, WA 98409 Subject: Acceptance FYE 2023 ICR — Risk Assessment Review Dear Lyn Skinner: Devolopmont Divislo m Contract Services Office PO Box 47408 Olympia, WA 98504-1408 7345 t.indermrrWay SW lbrn water, WA 98501-6,504 "Gi°Y:1-800.833- 63N aewwwwwmsdot.vwa.gov Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 117.23%. 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 1 CR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email ctiPttst,tlt^ntu�atca^watt<�sd��t;u,w;. ���,��. Regards, SCHATZIE HARVEY, CPA Contract Services Manager SH:sms Direct Labor Indirect Costs: Fringe Benefits 71000 PTO 72000 Holiday Pay 75000 Payroll Taxes 77007, 77007.01, 77007.02, 77008, 77009 Health Insurance ITotal Fringe Benefit Adjustment Benefits $352,616 $102,670 285,444 375,233 $1,115,962 $0 $352,616 $102,670 285,444 15.47% 4.50% 12.52% 375,2331 16,46% 0 0.00% $0 $1,115,962 48.96% $922,607 $922,607 40,47% ($610,504) F (610,504) -26.78% 146,632 B 146,632 6.43% 0.28% 0 0.00% A 0 0.00% 29,271 0 0.00% 103,600 103,600 4.54% 0 0.00% 6.74% 0 0.00% 312,425 312,425 13.71% 36,231 36,231 1.59% 94,903 (94,903) G 0 0.00% 6,373 6,373 0.28% 69,681 (5,655) A 64,0254 2.81% 29,271 29,271 1.28% 153,637 153,637 6.74% 56,652 56,652 2.49% 3,358 3,3581 0.15% 16,890 16,890 0.74% 4,500 (4,500) E 0 0,00% 60,539 (60,539) B 0i 0.00% 1,114 (1,114) H 0 0.00% 1 Apex Engineering LLC Indirect Cost Rate Schedule For the Year Ended December 31, 2023 Financial Statement Accepted Description Amount Apex Adj. WSDOT Adj. Ref. Amount % 80100,80200,8 0200.02, 80700, 80750,' 80298 Professional Fees 59,219 (27,781) C, I 31,438 1.38% 79045,80650' Leased Equipment 39,051 39,051 1.71% 91500, Interest 21,293 (21,293) D (0), 0.00% 80110,80300; Computer 165,386 165,3861 7.26% 79000,79010,8 0720,80830,801 910,80910, Supplies & Miscellaneous 79,241 79,241 3.48% Total General Overhead $1,772,098 ($215,785) $0 $1,556,31.4 68.28% Total Indirect Costs & Overhead $2,888,060 ($215,785) $0 $2,672,276 117.23% Indirect Cost Rate .. 126.70% 117.23%'' 117.23%, Apex Engineering LLC - In Process "Indirect Cost Rate still subject to Audit" References Apex Engineering LLC Adjustments; A Key person life insurance unallowable per 48 CFR 31.205-19(e)(2)(v). B Advertising and Public relations labor unallowable per 48 CFR 31.205-1. C Legal Costs in relation to litigation unallowable per 48 CFR 31.205-47(f)(5). Legal Costs in relation to ownership transition and company reorganization. D Interest unallowable per 48 CFR 31.205-20, E Contributions unallowable per 48 CFR 31.205-81. F Labor Variance account is an offset account to balance to payroll. G Direct usage of vehicles, directly associated cost unallowable per 48 CFR 32.201-6(a) & 31.001 H Advertising unallowable per 48 CFR 31.205-1 (f) I S -Corr) tax orenaration unallowable oer CFR 31,201-41 (b)(1) 2 Rosario Sub -consultant Cost Computations SCJ Orillia Cultural Resources WestLand Labor DD PI II FD CC Editor PC II GIS I Total APE letter Research and Tribal coordination 2 2 16 8 1 5 24 Fieldwork & Travel 1 8 1 10 Report 12 6 1 19 PM/Agency and client coordination 4 3 7 Total Staff Hours 7 0 38 8 6 3 3 65 Direct Rates $ 79.20 $ 47.82 $ 40.56 $ 31.50 $ 38.00 $ 48.43 $ 40.02 Total Direct Salary Cost $554 $0 $1,541 $252 $228 $145 $120 $2,841 Total Labor Cost $2,841 OH at 198.88% of Direct Labor $5,660 Profit at 12% of Direct Labor+OH $1,019 Total Labor $9,510 Direct Costs (Mileage, Reproduction, Shipping, etc.) Vehicle rental Mileage $115 $249 Direct costs total $364 Grand Total: $9,874 Page 1 Actuals Not To Exceed Table (ANTE) Orillia Road Westland Overhead Fixed All Inclusive Direct Labor Hourly Job Classifications NTE Fee NTE Hourly Billing Billing Rate NTE 198.88% 12.00% Rate NTE Principal Consultant (Director) JH $79.20 $157.51 $28.41 $265.12 Field Director III (Env specialist 5) JJ $40.56 $80.67 $14.55 $135.77 Geospational Analyst III (Drafting Technician 2) TM $40.02 $79.59 $14.35 $133.97 Project Controller II (Budget Analyst 3) AP $48.43 $96.32 $17.37 $162.12 Crew Chief II/FD I (Env Specialist 3) NP $31.50 $62.65 $11.30 $105.44 FD I/Editor (Env specialist 4) MH $38.00 $75.57 $13.63 $127.20 1/N�// 'Washington I e 7W art a �� �rvev Development Nvis� ori 4.,1�,�13q at �. M @ KAg0.�A) & Office PO Box 474()8 OA°rgtWasn, INA 98504 7408 7345 Unclenson Way SW T'LBPN9matF.,i, WA 9i3501 6504 l umvWS( bt0 q gd:n/ August 12, 2024 WestLand Resources, Inc. 4001 E Paradise Falls Dr Tucson, AZ 85712 Subject: Acceptance FYE 2023 ICR — Risk Assessment Review Dear Melissa Adams: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 198.88% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consu1tantrates(awsdot.wa.2ov. Regards, cG�atzl� Maw......... Sdhn�ntAe II lai veyr (CAU .3.3, 2024 06-24 IF"If.:D SCHATZIE HARVEY, CPA Contract Services Manager SH:kb 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: 1. 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, (Federal Highway 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 Washington State Department of Transportation 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 Washington State Department of Transportation 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 (Federal Highway 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 (Federal Highway 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 (Federal Highway 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 (Federal Highway 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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). Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G -1(a) Exhibit G -1(b) Exhibit G-2 Exhibit G-3 Exhibit G Certification Document 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 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G -1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Shea, Carr & Jewell, Inc. whose address is 1201 3rd Avenue, Suite 550, Seattle, WA 98101 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 thisAGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Washington State Department of 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. Shea, Carr & Jewell, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G -1(b) Certification of City of Tukwila I hereby certify that I am the: n ❑ Other of the City of Tukwila and Shea, Carr & Jewell, Inc. 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; o b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, 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 or and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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; an D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. Shea, Carr & Jewell, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require 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. Shea, Carr & Jewell, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 ibit G-4 Certification of Current Cost or Pricing Data ThisF�t� o certify that, to the best of my knowledge and belief, the cost or pricing data (as defined i section of the ralAcquisition Regulation (FAR) and required under FAR subsection 15.403-4) sub itted, either actually by specific identification in writing, to the Contracting Officer or to the Contr ting Officer's representati in support of * are accurate, co lete, and current as of **. This certification rate AGREEMET Firm Signature Date of Execution ides the cost or pricing data supporting any advance AGRE] between the offer or and the Government that are part of the Title s and forward pricing *Identify th proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying numl **Insert t e day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Ins the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were cor contr et price was agreed to. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 e.g. project title.) the E ibit H Liability Insurance ncrease To Be Used Only If Insurance Requirements Are Increased The professio l liability limit of the CONSULTANT to the AGENCY identified in Section II Legal Relations and Insurance o his Agreement is amended to $ The CONSULT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage hall be evidenced by one of the following methods: • Certificate of Insurance • Self-insurance through an i evocable Letter of Credit from a qualified fi ancial institution Self-insurance through documenta 'on of a separate fund established excl sively for the payment of professional liability claims, including claim am unts already reserved against the nd, safeguards established for payment from the fund, a copy of the latest a ual financial statements, and isclosure of the investment portfolio for those funds. Should the minimum Professional Liability 'nsurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the ontract whiche er is greater, then justification shall be submitted to the Federal Highway Administration (FHWA for approv to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY y, at is own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an F A funded proj • For final contracts, include this exhibit Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit 1 Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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 associate 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 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021