HomeMy WebLinkAbout26-174 - Contract - WSDOT Active Transportation - Design Services: Boeing Access Road Overlay
Washington State
Department of Transportation
Special Transportation
Planning Study Agreement
Work by Planning Organization - Actual Cost
Organziation and Address
Statewide Vendor No.:
Agreement Number Total Amount Authorized
Project Manager Agreement Expiration Date
Project Title and Description
This Agreement is between the Washington State Department of Transportation (WSDOT) and the above-named organization
(Planning Agency) hereinafter referred to individually as the “Party” and collectively as the “Parties.”
Recitals
1. WSDOT and the Planning Agency recognize the need for the transportation planning project, herein after Project, as
described above, and
2. It is deemed in the best interest of WSDOT to participate in funding said Project for the mutual benefit of local and state
roadway planning in the area of the Project, and
3. WSDOT and the Planning Agency now wish to define responsibility for preparation of the transportation planning Project.
Now therefore, pursuant to chapter , the above recitals, which are incorporated herein as if set forth below,
and in consideration of the terms, conditions, covenants, and performances contained herein, and in the Exhibits attached hereto and
hereby made a part of this Agreement, it is mutually agreed as follows:
1. Scope of Work
1.1 The Planning Agency shall undertake the Project as described above, which shall include the tasks set forth in Exhibit A,
attached hereto.
2. Period of Performance
2.1 This Agreement shall be effective upon execution and shall terminate upon the expiration date listed above or final
payment has been accepted.
3. Payment
3.1 WSDOT agrees to reimburse the Planning Agency’s actual direct and related indirect costs of the Project. The maximum
amount that WSDOT shall reimburse the Planning Agency shall not exceed the “Total Amount Authorized” listed above.
Payment by task shall be made as set forth in Exhibit B. All costs must be consistent with the Federal cost principles
contained in 2 CFR 200.
3.2 The Planning Agency may submit requests to the WSDOT for reimbursement of funds as they are expended on activities
at any time, but not more frequently than one (1) such request every month. Such requests for reimbursement shall
document the amount of funds that have been expended during the contract period, as well as for the current billing
period. The request for reimbursement shall contain sufficient detail to inform WSDOT and any other entities providing
funding for the work as to the progress on the planning effort. WSDOT shall review and approve each request for
payment and shall reimburse the Planning Agency thirty (30) business days after the date of receipt of invoice.
3.3 All indirect costs will be consistent with the federal de minimus rate found in 2 C.F.R. 200 or based on an indirect cost rate
proposal that is approved by Planning Agency annually and maintained on file by for audit purposes. If indirect costs are
based on an approved indirect cost allocation plan, the Planning Agency will provide a copy to WSDOT annually, or when
updated.
DOT Form 224-080
Revised 07/2022
26-174
Council Approval 5/4/26
4. Reports
4.1 The Planning Agency shall prepare and present to WSDOT an annual progress report. The report shall be completed and
submitted to WSDOT within 30 calendar days following the end of each fiscal year. This annual report shall summarize
work accomplished under the scope of work, costs incurred by work element, and shall identify any carryover of funds.
4.2 WSDOT however, reserves the right to request an interim report(s) during the fiscal year. The interim report(s) is due to
WSDOT within 21 calendar days of being notified in writing by WSDOT. The interim report(s) shall include a summary
of work progress during the course of the fiscal year, costs incurred in accordance with the approved scope of work and
budget, and progress to date, including any problems or work delays. WSDOT may delay reimbursement of billings if the
requested interim report(s) is not submitted in a timely manner.
4.3 The final product of this agreement will provide documentation of all technical data and their analysis. The Planning
Agency shall submit copies of the final product to WSDOT for acceptance. Electronic submittal is acceptable. This
requirement for a final product may be waived in writing by WSDOT, with email being acceptable.
5. Modifications or Amendments
5.1 Either Party may request changes in these provisions. Such changes which are mutually agreed upon shall be
incorporated as written amendments to this Agreement. No variation or alteration of the terms of this Agreement shall be
valid unless made in writing and signed by authorized representatives of the Parties hereto.
6. Audits, Inspection, and Retention of Records
6.1 All records related to this Agreement shall be held and kept available for inspection and audit for a period of six (6) years
from the date of termination of this Agreement or any final payment authorized under this Agreement, whichever is later.
Each Party shall have full access to and right to examine said records, during normal business hours and as often as
deemed necessary. In the event of litigation or claim arising from the performance of this Agreement, the Parties agree to
maintain the records and accounts until such litigation, appeal or claims are finally resolved. This section shall survive the
termination of this Agreement.
6.2 In accordance with 2 CFR 200, the Planning Agency is required to arrange for audit of funds expended.
6.3 The Public Records Act, RCW 42.56 shall apply to all information and documents, both paper and electronic, submitted to
WSDOT. If federal funds are applied the Planning Agency understands and agrees that the Freedom of Information Act
(FOIA), 5 U.S.C. § 552 shall also apply to all information and documents, both paper and electronic, submitted to WSDOT.
The Planning Agency should therefore be aware that all applications and materials submitted will become agency records
and are subject to public release through state and federal disclosure requests.
7. Termination
7.1 Termination for Convenience. WSDOT and/or the Planning Agency may suspend or terminate this AGREEMENT, in
whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other
Party. WSDOT and the Planning Agency shall agree upon the AGREEMENT termination provisions including but not
limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written
notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the
portion to be terminated. However, if in the case of partial termination, WSDOT determines that the remaining portion
of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in
its entirety. The Parties may terminate this AGREEMENT for convenience for reasons including, but not limited to, the
following:
7.1.1 The requisite funding becomes unavailable through failure of appropriation or otherwise;
7.1.2 WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results
commensurate with the further expenditure of funds;
7.1.3 The Planning Agency is prevented from proceeding with the Project as a direct result of an Executive Order of the
President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the
President or Governor of the State with respect to the preservation of energy resources;
7.1.4 The Planning Agency is prevented from proceeding with the Project by reason of a temporary preliminary, special,
or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or
injunction is primarily caused by the acts or omissions of persons or agencies other than the Planning Agency; or
7.1.5 The State Government determines that the purposes of the statute authorizing the Project would not be adequately
served by the continuation of financial assistance for the Project.
DOT Form 224-080
Revised 07/2022
7.2 Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or
any part of the financial assistance provided herein, at any time by written notice to the Planning Agency, if the Planning
Agency materially breaches or fails to perform any of the requirements of this AGREEMENT, including:
7.2.1 Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of
this AGREEMENT would have required the approval of WSDOT;
7.2.2 Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state
laws, or local governmental laws under which the Planning Agency operates;
7.2.3 Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers
substantial performance of the Project; or
7.2.4 Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in material violation of,
any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the Planning Agency setting
forth the manner in which the Planning Agency is in default hereunder. If it is later determined by WSDOT that
the Planning Agency had an excusable reason for not performing, such as events which are not the fault of or are
beyond the control of the Planning Agency, such as a strike, fire or flood, WSDOT may: (a) allow the Planning
Agency to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a
termination for convenience.
7.3 WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the Planning Agency ten (10)
business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of
termination will state the time period in which cure is permitted and other appropriate conditions. If the Planning Agency
fails to remedy to WSDOT’s satisfaction the breach or default within the timeframe and under the conditions set forth in
the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to
Planning Agency. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all
available remedies against Planning Agency and its sureties for said breach or default.
7.4 In the event that WSDOT elects to waive its remedies for any breach by Planning Agency of any covenant, term or
condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT’s remedies for any succeeding breach of
that or of any other term, covenant, or condition of this AGREEMENT.
7.5 If this AGREEMENT is terminated, whether for convenience or for default, before the specified end date set forth
in the caption header, “Term of Agreement”, WSDOT and the Planning Agency shall execute an amendment to this
AGREEMENT identifying the termination date and the reason for termination.
8. Applicable Laws
8.1 The Planning Agency agrees to abide by all applicable state and federal laws and regulations including but not limited
to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping
necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records.
The Planning Agency will adhere to all applicable nondiscrimination provisions in chapter 49.60 RCW. Except when a
federal statute or regulation preempts state or local law, no provision of the AGREEMENT shall require the Planning
Agency to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention
of state or local law. If any provision or compliance with any provision of this AGREEMENT violate state or local law, or
would require the Planning Agency to violate state or local law, the Planning Agency agrees to notify WSDOT immediately
in writing. Should this occur, WSDOT and the Planning Agency agree to make appropriate arrangements to proceed with
or, if necessary, expeditiously, terminate the AGREEMENT.
9. Indemnification
9.1 Each Party to this Agreement will protect, defend, indemnify, and save harmless the other Party, its officers, officials,
employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,
judgments, and/or awards of damages (both to persons and property), arising out of, or in any way resulting from, each
Party’s negligent acts or omissions with respect to the provisions of this Agreement. Neither Party will be required to
indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to
persons and property) is caused by the sole negligence of the other Party. Where such claims, suits, or actions result from
the concurrent negligence of the Parties, their agents, officials or employees, and/or involve those actions covered by
RCW 4.24.115, the indemnity provisions provided herein will be valid and enforceable only to the extent of the negligence
of the indemnifying Party, its agents, officials or employees.
9.2 Further, the Planning Agency specifically assumes potential liability for actions brought by its own employees or agents
against WSDOT and, solely for the purpose of this indemnification and defense, the Planning Agency specifically waives
any immunity under State industrial insurance laws, Title 51 RCW.
9.3 The provisions of this Section shall survive the termination of this Agreement.
DOT Form 224-080
Revised 07/2022
EXHIBIT A City of Tukwila 1 REV: January 21, 2026 S Boeing Access Road Pavement Preservation Project Scope of Work – Amendment 1 CITY OF TUKWILA S BOEING ACCESS ROAD REHABILITATION PROJECT (NHPP-1380.005) PRELIMINARY DESIGN, FINAL DESIGN, AND CONSTRUCTION ADMIN SERVICES PROJECT NO. 9TUK011600 Amendment 1 S Boeing Access Enhanced Walkway SCOPE OF WORK January 21, 2026 A. PROJECT DESCRIPTION / BACKGROUND S Boeing Access Road is a four-six lane commercial arterial. The project limits extend from the signalized intersection at East Marginal Way (not including the intersection) to the west side of the signalized intersection at Martin Luther King Jr Way S (not including the intersection. The project length is approximately 2,900 LF along centerline, or 0.56 roadway miles. There is one signalized intersection in the middle of the project. The project crosses over Airport Way S, BNSF Railroad Tracks, and Interstate 5 (I-5). S Boeing Access Road is also comprised of a southbound I-5 off ramp and a I-5 northbound on and off ramp. The bridge deck over BNSF is the City of Tukwila’s responsibility for maintenance and the wearing course is deteriorating and requires replacement. The asphalt has aged to varying degrees of deterioration and needs rehabilitation. ADA ramps and push buttons that are within grind and overlay limits that do not meet current ADA requirements will be identified and replaced or documented to maximum extent feasible, as required. Traffic Loops will need to be replaced in accordance with WSDOT, Tukwila, and/or King County Standards. This project has National Highway System Preservation Federal Funds for both design and construction. Additional funds may be provided by the City of Tukwila. The goal is to advertise the Project for Bids in January 2027. This Amendment consists of designing and incorporating various pedestrian safety measures along the north side of Boeing Access Road. Improvements include, but may not be limited to: • Improve the shoulder on the north side of Boeing Access Road between the SB I-5 signalized intersection and the Martin Luther King Jr Way S signalized intersection. Potential treatments may include adding a striped buffer (two solid white lines) with continuous or intermittent vertical treatments within the buffer. The minimum width of the “enhanced shoulder” would be 6’ outside of the buffer. The vertical treatments would meet Tukwila’s maintenance needs. • Additional treatments include improvements to the NB I-5 loop ramp at the point of intersection with WB Boeing Access Road; the improvements desired include 1) steepen the angle of intersection of the loop ramp so that the yield condition is reinforced, and 2) designate an enhanced pedestrian crossing.
EXHIBIT A City of Tukwila 2 REV: January 21, 2026 S Boeing Access Road Pavement Preservation Project Scope of Work – Amendment 1 B. ASSUMPTIONS Assumptions remain consistent with original contract C. PSOMAS DELIVERABLES Deliverables will be incorporated into original agreement but include plan production for proposed improvements. D. CITY OF TUKWILA PROVIDED ITEMS: No changes in this amendment. E. SCOPE OF WORK TASK 1 – DESIGN OF ENHANCED WALKWAY 1.1 The Consultant will support the City in coordination with and between the various WSDOT agencies and coordinate the proposed designs into the contract documents. 1.2 The Consultant shall perform detailed field survey for the proposed pedestrian enhancement. 1.3 The Consultant shall develop design documentation to develop 90% and Bid Documents for the proposed pedestrian enhancement along Boeing Access Road. Design shall be incorporated into the original agreement. Up to three new plan sheets are anticipated for detailing proposed pedestrian enhancements and geometric adjustments. Task 1 Deliverables: Deliverables will be incorporated into final design documentation of original agreement.
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3131 ELLIOTT AVENUE,
SUITE 400
SEATTLE, WA 98121
206.286.1640
www.psomas.com
9TUK011600CHAN01.DWG
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******ENGINEERING STREETS WATER SEWER BUILDING
PUBLIC WORKS DEPT.
date
scale
file no
no date revisions
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proj eng
proj dir
field bk no
by date
1908
S
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O F T U K W ILA W
A
S
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3131 ELLIOTT AVENUE,
SUITE 400
SEATTLE, WA 98121
206.286.1640
www.psomas.com
9TUK011600CHAN01.DWG
38
S BOEING ACCESS WAY
OVERLAY09/25MEF
09/25
09/25
CW
MEF
08/2025
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EXHIBIT B
PRIME CONSULTANT COST COMPUTATIONS
City of Tukwila
S Boeing Access Road Walkway
Psomas Project Number:9TUK011600
Date: 1/21/2026PrincipalEngineering Manager ISenior Engineer IProject Engineer IIDesign Engineer IIIField Surveyor IIIProject Surveyor IISenior CAD TechnicianSenior Admin$110.00 $80.29 $69.71 $65.13 $55.29 $55.17 $66.64 $50.00 $50.00 Hours Totals
1.1 Management and Coordination 4 12 24 40 40 120 7,893.32 $
1.2 Survey 20 20 40 2,436.20$
1.3 Design and Plan Production 4 24 40 60 80 24 8 240 15,086.36 $ 0 -$
8 36 64 100 120 20 20 24 8 400 25,415.88 $
8 36 64 100 120 20 20 24 8 400 25,415.88 $
ICR Overhead @ 176.66% = 44,899.69 $
Fixed Fee @ 30% = 7,624.76$
Total Psomas (DL + OH + Fixed Fee) = 77,940.34 $
77,940.34$
Client:
Project Name:
Task
No.Task Description
Labor Hour Estimate
Total Hours and Labor
Cost Computations by Task
Task 1 Design of Pedestrain Walkway
Task Total
Total Estimated Budget
Total Labor Hours and Fee