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HomeMy WebLinkAbout05-071 - HNTB - Klickitat / Southcenter Parkway Access ImprovementLocal Agency Standard Consultant Agreement Consultant/Address/Telephone HNTB Corporation 600 108th Avenue NE, Suite Bellevue, WA 98004 (4 2 5) 455-3555 900 Agreement Number Federal Aid Number Project Title And Work Description k` `C�i AA. 150.i Cc -l -51 ?¥ -w Ci ?,;(act �d c)y-Rv Icl Agreement Type (Choose one) MI Lump Sum LumpSumAmount $ 1,168,322 ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation % Overhead Cost Method % ■ Yes a No WBE Participation • Actual Cost ■Yes No • Actual Cost Not To Exceed % Federal ID Number or Social Security Number ■ Fixed Rate Fixed Fee $ Do you require a 1099 for IRS? ■ Yes ■ No Completion Date ❑ Specific Rates Of Pay Total Amount Authorized $ Management Reserve Fund $ Maximum Amount Payable $ 1 , 16 8 , 3 2 2 II Negotiated Hourly Rate 5 0 , 0 0 0 • Provisional Hourly Rate ❑Cost Per Unit of Work 1, 218 , 3 2 2 THIS AGREEMENT, made and entered into this between the Local Agency of Tukwila day of ' dciCJJ ' , Washington, ereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT". WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: DOT Form 140-089 EF Page 1 of 8 Revised 12/99 GENERAL DESCRIPTION OF WORK The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II SCOPE OF WORK The Scope of Work and project level of effort for this project is detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. III GENERAL REQUIREMENTS All aspects of coordination of the work of this AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Federal, Community, State, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum number of hours or days notice — required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "B" attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvan- taged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. All reports, PS&E materials, and other data, furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT and are property of the AGENCY Reuse by the AGENCY or by others acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV TIME FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULT- ANT, but may be extended by the AGENCY, in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "C" attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compen- sation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section 11, "Scope of Work". The CONSULTANT shall conform with all applicable portions of 48 CFR 31. Page 2 of 8 VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, at- tached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non - salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consider- ation, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability, or in its discre- tion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or might arise 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 the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Depart- ment of Transportation, the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employ- ment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employ- ment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULT- ANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discrimina- tory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regula- tions relative to nondiscrimination in the same manner as in Federal -assisted programs of the Page 3 of 8 Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorpo- rated by reference and made a part of this AGREEMENT. The consultant shall comply with the American Disabilities Act of 1992, as amended. B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selec- tion and retention of subconsultants, including procurements of materials and leases of equip- ment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regulations. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERI- ALS AND EQUIPMENT In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. INFORMATION AND REPORTS: The CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclu- sive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE. In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULT- ANT under the AGREEMENT until the CONSULTANT complies, and/or 2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CON- SULTANT shall take such action with respect to any subconsultant or procurement as the AGENCY or the Federal Highway Administra- tion may direct as a means of enforcing such provisions including sanctions for noncompli- ance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CON- ULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180. Page 4 of 8 Ix TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit F for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the CONSULT- ANT of the Notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CON- SULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULT- ANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm to complete the work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work per- formed at the time of termination. Under no circumstances shall payment made under this subsec- tion exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULT- ANT was not in default or that the CONSULTANTs failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervi- sory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY's concur- rence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CON- SULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULT- ANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitle- ment to exercise those rights with respect to any future act or omission by the CONSULTANT. X CHANGES OF WORK The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. Page 5 of 8 XI DISPUTES Any dispute concerning questions of fact in connec- tion with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washing- ton, situated in the county the AGENCY is located in. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accor- dance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and their officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforce- able only to the extent of the CONSULTANTs negligence or the negligence of the CONSULTANT's agents or employees. The CONSULTANTs relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANTs own employees against 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 CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental agreement, the CONSULTANT shall provide on-call assistance to the AGENCY during contract adminis- tration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as other- wise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Page 6 of 8 Insurance Coverage A Worker's compensation and employer's liability insurance as required by the STATE. B. General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shall fumish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. • XIV EXTRA WORK A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable, (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREE- MENT accordingly. C. The CONSULTANT must submit its "request for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a claim submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However nothing in this clause shall excuse the CON- SULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and condition 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. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. Page 7 of 8 XVI FEDERAL AND STATE REVIEW The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit "A-1", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certification regarding debarment, suspension and other responsibility matters - primary covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3" and "A-4" are only required in Agreements over $100,000. XVIII COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- tation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX EXECUTION AND ACCEPTANCE This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. By Consultant //PO; dAyorAIL'i Agency Page 8 of 8 0 • • Exhibit A-1 Certification Of Consultant I hereby certify that I am (� (0, ( L GA Project No. Local Agency representative of the firm of HNTR rorpora t ion 600 108th Ave NE, Bellevue WA 98004 firm I here represent has: and duly authonzed whose address is and that neither I nor the above (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 contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of any firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. I acknowledge that this certificate is to be available to the State Dep.' ent of Transportation and the Federal Highway Administration, U.S. Depaitnient of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. Z2 Mates ') 5 Date Certification of Agency Official gnature I hereby certify that I am the AGENCY Official of the Local Agency of Tukwila Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws, both criminal and civil. w 6 -6 Date Signature • Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1.b. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): HNTB Corporation (Date) (Signature) President or AutR6rized Official of nsultant • • Exhibit A-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 an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): HNTB Corporation Z a6� , (Date) (Signature) President or A orized Official of onsultant • • Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of * are accurate, complete, and current as of March 22nd , 2005 * '. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm Name Title HNTB Corporation Q�� Date of Execution*** March 22nd, 2005 * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. ** • • INTB EXHIBIT B SCOPE OF WORK SOUTHCENTER ACCESS IMPROVEMENT: KLICKITAT DRIVE/SOUTHCENTER PARKWAY AREA • • HNTB Pagel I. BACKGROUND 5 II. PROJECT DESCRIPTION 5 III. PROJECT GOALS 6 IV. DESIGN CRITERIA 7 V. PROJECT SCHEDULE 8 VI. ITEMS AND SERVICES TO BE FURNISHED BY THE CITY 9 VII. ABBREVIATIONS 10 VIII. PROJECT DOCUMENTATION 11 IX. WORK TASKS 11 TASK 1 PROJECT MANAGEMENT 12 Task 1.2 Issues Resolution 12 Task 1.3 Measure Project Requirements 13 Task 1.4 Measure Budget Conformance 13 Task 1.5 Measure Schedule Conformance 13 Task 1.6 Communicate Progress 13 Task 1.7 Lead the Project CONSULTANT Team 14 Task 1.8 Manage Quality 14 Task 1.9 Manage Change 14 Task 1.11 Meetings 15 Task 1.12 Records Management 15 Task 1.13 Cost Estimating Procedures 15 TASK 2 ALTERNATIVES SCREENING 16 • • G4NTB Page2 TASK 3 ENVIRONMENTAL 18 Task 3.1 Environmental Kick-off Meeting 18 Task 3.2 Technical Memoranda 18 Task 3.2.1 Displacement and Relocation 19 Task 3.2.2 Aesthetics 19 Task 3.2.3 Air Quality 19 Task 3.2.4 Traffic and Transportation 21 Task 3.2.5 Geology and Groundwater 22 Task 3.2.6 Water Quality 22 Task 3.2.7 Stormwater 23 Task 3.2.8 Fish and Aquatic Resources 23 Task 3.3 Biological Assessment (BA) and Essential Fish Habitat 24 Task 3.4 Environmental Documentation 25 Task 3.4.1 Documented Categorical Exclusion Preparation 26 Task 3.4.2 Environmental Classification Summary 27 Task 3.4.3 WSDOT Coordination 27 Task 3.4.4 SEPA Compliance 27 Task 3.5 Document Review and Production 27 Task 3.6 Task Management 28 Task 3.7 Permitting 29 TASK 4 PUBLIC INVOLVEMENT / STAKEHOLDER COORDINATION 29 Task 4.1 Implement Ongoing Community and Agency Involvement Program 29 Task 4.2 Coordinate Activities with WSDOT 31 Task 4.3 Coordinate Activities with Westfield Shoppingtown Mall 31 Task 4.4 Coordinate Activities with Southcenter Place Building 31 Task 4.5 Displays and Maps 32 Task 4.6 Project Open House Meetings 32 TASK 5 PRELIMINARY ENGINEERING STUDIES 33 Task 5.1 Data Needs Confirmation and Collection 35 Task 5.2 Aerial Photogrammetry, Surveying, and Base Mapping 35 Task 5.3 Existing Utility Plan 36 Task 5.4 Preliminary Engineering; 30% Level Design 37 • • HNTB Page3 Task 5.5 Visual Inventory and Context Sensitive Solutions 38 Task 5.5.1 Visual Inventory 39 Task 5.5.2 Context Sensitive Solutions and Aesthetics 39 Task 5.6 Prepare Preliminary Estimate of Probable Project Cost 40 Task 5.7 Value Engineering Study 40 TASK 6 DRAINAGE 41 Task 6.1 Environmental Documentation Support 41 Task 6.1.1 Existing Data Collection 41 Task 6.1.2 Identify Discharge Locations (Outfalls) 42 Task 6.1.3 Determine Stormwater Quality and Flow Control Requirements 42 Task 6.1.4 Prepare Stormwater Management Facility Type, Size and Location Report 42 Task 6.1.5 Support Environmental Documentation 42 Task 6.2 Technical Information Report (TIR) 43 TASK 7 GEOTECHNICAL 44 Task 7.1 NEPA Documentation: Geology, Soils, Groundwater and Geologically Sensitive Areas 44 Task 7.2 Geotechnical Design Services 44 Task 7.3 Final Preliminary Geotechnical Report 45 TASK 8 STRUCTURES 46 Task 8.1 Design Criteria 46 Task 8.2 Concept Design 46 Task 8.3 Structures TS&L Report 48 TASK 9 TRAFFIC FORECASTS AND ANALYSES 48 Task 9.1 Obtain City's Forecast Model and Review Forecasts 50 Task 9.2 Data Collection and Model Installation 50 Task 9.3 Incorporate Network and Land Use Changes in Forecast Model 50 Task 9.4 Develop Year of Opening and 2030 Peak -Hour Forecasts 50 Task 9.5 Documentation of Results and Transfer of Model 51 Task 9.6 Analyze Traffic Data 51 • • HNTB Page4 Task 9.7 Traffic Analysis Report 52 TASK 10 DESIGN REPORT 52 Task 10.1 Design Analysis 52 Task 10.2 Horizontal Alignment and Vertical Profile 53 Task 10.3 Estimate of Probable Construction Cost 53 Task 10.4 Added Access Report Summary 53 Task 10.5 30% Constructability Review 54 Task 10.6 Draft Design Report 54 Task 10.7 Final Design Report 56 TASK 11 FUNDING SUPPORT 56 Task 11.1 Existing Process Evaluation 56 Task 11.2 Funding Source Identification 56 Task 11.3 Funding Source Matrix 57 Task 11.4 Funding Source Evaluation 57 Task 11.5 Funding Source Review 57 Task 11.6 Funding Strategy Plan 57 TASK 12 PREPARE WORK PLAN, ESTIMATE, AND SCHEDULE FOR PHASE 2 - FINAL DESIGN 57 • • HNTB Page5 During the term of this Agreement, the engineering Consultant (CONSULTANT) shall perform professional services for the CITY, including preliminary design, final design and assistance during construction, in connection with the: Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Area Project This document shall be used to plan, conduct and complete the work on the project. I. BACKGROUND The existing traffic conditions along Southcenter Parkway include heavy left -turn volumes from northbound Southcenter Parkway to westbound Klickitat Drive. The traffic volume in the project vicinity coupled with the close proximity of the Nordstrom, Klickitat, and Strander signal results in significant queues (both northbound and southbound) and a severe increase in traffic congestion. The Southcenter Improvement project is intended to improve access and circulation to the Southcenter area in the vicinity of Klickitat Drive and Southcenter Parkway. II. PROJECT DESCRIPTION The Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Area Project, hereinafter referred to as the PROJECT, consists of the following features: • A two lane widening of northbound Southcenter Parkway. Widening will be supported by construction of a new retaining wall along the existing slope east of Southcenter Parkway, and may include a single lane slip ramp to the Westfield Shoppingtown Mall. • Grade separation of southbound Southcenter Parkway. Grade separation will be accomplished by depressing the southbound alignment under the Klickitat intersection using a bridge structure and retaining walls. • Reconstruction of the northbound lanes Southcenter Parkway, south of Strander Boulevard. This construction is required to channelize traffic to the new northbound widening. • Safety and pedestrian improvements • Signal modifications at the Klickitat Drive intersection and signal coordination between Strander Blvd., Klickitat Drive, and the Nordstrom shopping entrance intersection. • New signal at westbound Klickitat Drive and southbound Interstate 5 on ramp. • Horizontal and vertical alignment consistent with current design speed standards. • Utility adjustments and relocations associated with the new improvement. • 4NTB Page6 • Construction of detention and water quality facilities. Phase 1 — Preliminary Engineering and Environmental Documentation. Phase 1 of the project will consist of two distinct efforts; Environmental Documentation and supporting engineering, and Preliminary Engineering culminating in a Design Report as further described in this scope of work. Environmental Documentation: The CONSULTANT will collect and review relevant project data, identify design parameters, review geotechnical information, and document screening of alternatives and selection of the preferred alternative. Early coordination will occur with WSDOT, FHWA, and resource agencies to confirm the type of environmental documentation required and anticipated permitting needs. Endangered Species Act coordination will be initiated and a Biological Assessment (BA) will be completed. It is anticipated that a NEPA Documented Categorical Exclusion (DCE) supported by technical memoranda for selected environmental elements will be required and will be adopted by the CITY to satisfy the State Environmental Policy Act (SEPA). Preliminary Engineering: The CONSULTANT will support the environmental documentation effort described above by advancing the design through completion of the Design Report as defined in this scope of work. After CITY and stakeholder briefings and review of the completed Design Report for the Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Area project, the CONSULTANT will be directed to proceed with the development of the scope of work for final design. Phase 2 — Final Design: Upon approval of the Design Report by the CITY, the CONSULTANT will proceed with the preparation of the environmental document, permits and construction contract documents for the construction features of the project, as defined in the approved Design Report and other supporting documents. Phase 3 — Construction: The CONSULTANT will assist the CITY with surveying, review of Contractor submittals, evaluation of change proposals, monitoring of construction activities, construction administration and inspection, and preparation of record drawings. III. PROJECT GOALS The specific goals for the project are: • Improve traffic flow in the project area • Improve operations at area traffic signals • Minimize delay for motorists • Improve safety • Benefit transit route efficiency and allow for future transit improvements • Provide a workable solution with WSDOT and I-405 and I-5 improvements • Minimize impacts on current business and property owners s • HNTB Page7 • Maintain or improve freight access • Develop a graceful design that creates a visual signature for the Urban Center IV. DESIGN CRITERIA Documents developed as part of this scope of work, to the extent feasible, will be in accordance with the latest edition and amendments to the following documents, as of the date the AGREEMENT is signed. Changes in any design standards or requirements after work has begun may result in the need for Extra Work. City of Tukwila Publications: a. Year 2004 Comprehensive Plan b. City of Tukwila Development Guidelines and Design and Construction Standards, 2003 WSDOT Publications: a. Standard Specifications for Road, Bridge and Municipal Construction, English edition (2004) (M41-10) b. Standard Plans for Road, Bridge and Municipal Construction, English edition (M21-01) c. Design Manual, (M22-01) d. Hydraulic Manual, (M23-03) e. Plans Preparation Manual, (M22-31) f. Bridge Design Manual, (M23-50) g. Amendments and General Special Provisions h. Standard Item Table i. Traffic Manual, (M51-02) j. Highway Runoff Manual, (M31-16) k. Utilities Manual, (M22-87) 1. Local Agency Guidelines, (M36-63(PA)) m. Environmental Procedures Manual, (M31-11) American Association of State Highway and Transportation Officials (AASHTO) Publications: a. A Policy on Geometric Design of Highways and Streets, 5th Edition (2004) b. Standard Specifications for Highway Bridges, Seventeenth Edition, (2002) • • HNTB Page8 c. Highway Design and Operational Practices Related to Highway Safety, (1997) D.S. Department of Transportation (USDOT) Publications: a. Manual of Uniform Traffic Control Devices for Streets and Highways, 2001 b. Highway Capacity Manual Other Publications/Design Guides: a. National Electrical Code b. Standards of the American Waterworks Association c. Book of American Society for Testing and Materials Standards d. American Public Works Association standards e. Americans With Disabilities Act (ADA) f. General Electric's ALADAN program (Illumination design) V. PROJECT SCHEDULE The preliminary project schedule is as shown below. The key milestone dates taken from the schedule are: Milestone Date Phase 1 — Preliminary Engineering CONSULTANT Notice to Proceed April 15th, 2005 Preferred Roadway Alignment Selected by CITY April 18, 2005 Draft Design Report Submitted to CITY August 1, 2005 CITY Approval of Design Report August 15, 2005 Final Environmental Documentation submitted December 15, 2005 Environmental Document Approval January 31, 2006 BA Submittal to WSDOT December 15, 2006 BA Concurrence January 31, 2006 Phase 2 — Final Design CONSULTANT Notice to Proceed September 1, 2005 • • HNTB Page9 Right of Way Acquisition 2007-2008 Env., Documentation; Permits; Contract Documents Complete Mid 2007 Phase 3 — Construction (Dependant on Funding) Contractor/CONSULTANT Notice to Proceed 2008 Construction/Project Completion 2008-2009 The duration of the reviews by the CITY, and by others, is given in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the CITY or CONSULTANT, may be the basis for adjustments in the project budget. VI. ITEMS AND SERVICES TO BE FURNISHED BY THE CITY The CITY will provide the following items and services to the CONSULTANT that will facilitate the studies and preparation of the documents for work within the limits of the PROJECT. The CONSULTANT is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the CITY and others, including but not limited to, survey and traffic data. • Existing traffic volumes, applicable traffic studies and analyses, and accident data within the project area required to meet NEPA. • Reviews of CONSULTANT submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set prior to return to the CONSULTANT. • City of Tukwila Shoreline Master Program (Amended 1974) • City of Tukwila Sensitive Areas Ordinance — Ordinance No. 2074 — Effective Date: December , 2004 and related Ordinance No. 2075, 2076, and 2077Codes and governing regulations for the project corridor area. • Lighting requirements and design criteria per CITY requirements. • Past design review submittals of existing planning information within the project corridor area (i.e.: master plans, drawings, photographs). • Long-range plan for City of Tukwila, applicable City Shoreline Permit Requirements, and appropriate sensitive/critical area maps and supporting documentation. • Most recent aerial mapping for the project corridor. • CITY will prepare and provide documents for rights -of -entry upon all lands necessary for the performance of the work. Official notices to property owners and agencies. • • HNTB Pagel0 • Arrangements for the public meetings, including meeting place, announcements, etc. • Assistance with public involvement and information for the PROJECT, including the responsibilities discussed in Task 4.0. • Payment of all review and/or permit fees. • Assessor's maps and legal descriptions for affected properties as needed by the CONSULTANT. • As -built signal plans, where available; • Existing subsurface and available foundation information. • Computer generated files supplied by the CITY will be in AutoCAD, and in a format compatible with the CONSULTANT's hardware/software. Any reformatting or reconfiguration or hardware/software purchase necessary to make the supplied files compatible will be considered Extra Work. VII. ABBREVIATIONS The following abbreviations are referred to throughout this scope of work: AASHTO American Association of State Highway and Transportation Officials BDM WSDOT Bridge Design Manual DCE Documented Categorical Exemption DFW Washington State Department of Fish and Wild Life DNR Washington State Department of Natural Resources DOE Washington State Department of Ecology ESA Endangered Species Act FEMA Federal Emergency Management Agency FHWA Federal Highway Administration LOS Level of service NEPA National Environmental Projection Act NMFS National Marine Fisheries Service NPDES National Pollutant Discharge Elimination System NRHP National Register of Historic Places • • HNTB Pagel1 ROW Right-of-way PS&E Plans, specifications, and estimates SEPA State Environmental Protection Act TDM Transportation Demand Management TS&L Type, Size and Location WSDOT Washington State Department of Transportation USFWS United States Fish and Wildlife Service VIII. PROJECT DOCUMENTATION The documents listed as "Deliverables" in the Work Tasks, Section IX of this scope of work, and other exhibits or presentations for the work covered by this AGREEMENT and associated supplements, if necessary, will be furnished by the CONSULTANT to the CITY upon completion of the various tasks of work. Whether the documents are submitted in electronic media or in tangible format, any use of the materials on another project or on extensions of this project beyond the use for which they were intended, or any modification of the materials or conversion of the materials to an alternate system or format will be without liability or legal exposure to CONSULTANT. The CITY will assume all risks associated with such use, modifications, or conversions. The CONSULTANT may remove from the electronic materials delivered to the CITY, all references to the CONSULTANT involvement and will retain a tangible copy of the materials delivered to the CITY which will govern the interpretation of the materials and the information recorded. Electronic files are considered working files only; the CONSULTANT is not required to maintain electronic files beyond 90 days after the project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. IX. WORK TASKS General Assumptions: • The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit D. These costs are itemized in Exhibit D.1 to aid in project tracking purposes only. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. Additional services beyond these limits will be considered Extra Work. • The project will be managed to the total project lump sum amount. • The preliminary project schedule is as shown in Exhibit B.1. The CONSULTANT is responsible for meeting deadlines for their tasks only; having no control over those portions of the schedule related to the tasks performed by the CITY or any third party. • Subsurface investigation and remedial action associated with hazardous wastes located within the project limits are not within this scope of services. No hazardous, dangerous, or HNTB Page12 contaminated soil/ground water is anticipated on or within the project limits. Should any of these materials be encountered, it will be considered Extra Work. • Electronic contract plan files will be delivered to the CITY in AutoCAD format (latest version) at the conclusion of Phase 2 — Final Design. Preparation of the record drawings will be the responsibility of the CITY. • The analyses, design, plans, specifications, and estimate performed or prepared as part of the PROJECT will be in English units. Metric units will not be used on this PROJECT. • The plans will be prepared in accordance with City of Tukwila drafting standards, with WSDOT/APWA standards being the default standards to follow, if CITY standards do not exist. PHASE 1 — PRELIMINARY ENGINEERING & ENVIRONMENTAL DOCUMENTATION Task 1 Project Management In this task are described those services necessary to plan, perform, and control the various elements of the project so that the needs and expectations of the CITY and other project stakeholders will be met or exceeded. Assumptions: The public participation aspect of the project is described in Task 4 of this scope of services. To accurately establish and manage the total project budget, the CITY will provide to the CONSULTANT their anticipated administrative costs through construction. The CONSULTANT shall generate the estimated right-of-way acquisition costs. The CONSULTANT's Project Manager and/or deputy Project Manager will meet with the CITY's Project Manager on biweekly basis throughout Phases 1 and 2 of the project. The CONSULTANT will submit monthly invoices with a written summary of project progress to -date and activities expected for the next month. The workplan components developed in Phase 1 of the project will be used as the guidelines for performing the work in Phase 2 of the project. Issues may arise that are beyond the provisions of this scope of work. Flexibility will be maintained in the workplan to address these urgent project issues; however, the reallocation of resources may result in justification for Extra Work. Internal project team coordination meetings will be held on an as -needed basis during Phase 1. These meetings will be in addition to the coordination meetings held with the CITY, but budgeted as part of the specific work tasks, separate from Task 1 - Project Management. Task 1.2 Issues Resolution In accordance with the Change Management Plan, this task may involve: • • HNTB Page13 • Identifying and assessing a given issue relative to schedule, budget, resources, and risk. • Initiating the appropriate action(s) by assigning the issue to specific team member(s) for resolution using the Communication Plan provisions as a guideline. • Monitors the issue resolution progress. • Providing assurance for the timely resolution of issues. • Adjusting the project work plan components as required. The level of effort associated with each individual issue is contained within the appropriate task(s) available to the team member(s) responsible for its resolution. Task 1.3 Measure Project Requirements Maintain the focus of the team members on satisfying the project purpose, objectives, and scope of work. Monitor and confirm that the technical aspects of the project are being performed and prepared in compliance with the CITY's expectations. Verify that the information generated on the project is being filed. Task 1.4 Measure Budget Conformance On a monthly basis, monitor the Phase 1 engineering budget. Monitor the planned versus actual rate of expenditure for each element, and identify trends, taking corrective actions if necessary by implementing the applicable provisions of the Change Management Plan. Task 1.5 Measure Schedule Conformance Monitor and modify the Project Schedule on a monthly basis or as needed to determine potential impacts of proposed changes. Adjust the durations, predecessor relationships, constraints, linkages, deliverable descriptions and dates, reviews, percent completes, milestones, critical path, and task completion dates to reflect the current status of the project and the revisions made to the work breakdown structure. Task 1.6 Communicate Progress Conduct ongoing, proactive, responsive communications with the CITY staff involved in the direction and execution of the project. Attend project coordination meetings (described in Task 1.11). Coordinate the schedule of the reviews to be performed by the CITY. Prepare and submit a monthly progress report that will include identification of work performed in the previous month's schedule, measures for mitigating schedule slippage and identification and discussion of potential problems that may arise. Prepare meeting minutes if necessary and distribute to attendees. • HNTB Page14 Task 1.7 Lead the Project CONSULTANT Team Provide direction to the project CONSULTANT team. Conduct project coordination meetings as required with appropriate task leaders. Monitor the planned versus actual rate of expenditure for each task and take corrective actions if necessary. Collect from each task leader, the percent complete as measured by how much work is left to be accomplished on a task by task basis. Maintain a high exposure to the project team of the issues to be resolved and their potential impacts to the measures of success for the project. Task 1.8 Manage Quality Implement the processes described in the Quality Management Plan to meet the project objectives established by the stakeholders. Perform continual Quality Planning to reaffirm which quality standards are relevant and how they are to be satisfied. Verify that Quality Assurance has been provided for each technical specialty to evaluate the overall project performance on a regular basis and to build confidence that the project will satisfy the current quality standards for the design, drawings, specifications, and cost estimates. Confirm that specific project results are being monitored by each technical specialty through Quality Control activities to determine if they are in compliance with the quality standards and, if not, that potential solutions to eliminate the cause(s) of unsatisfactory performance have been identified and implemented. Facilitate the identification and assignment of appropriate senior reviewers for each technical specialty. Confirm that the current Quality Control activities are clearly indicated in the Project Schedule. Task 1.9 Manage Change Based on the project budget established by the CITY: 1. Identify, Analyze & Develop Change Strategies. Orchestrate the Change Management Plan by logging and tracking potential changes identified from any source (Step 1); facilitating the analysis of the change and determination of its impacts (Step 2), and facilitating the development of a response strategy (Step 3). The specific activities associated with completing Steps 2 & 3 on a given potential change will be largely the responsibility of each technical specialty staff. 2. Identify & Analyze Risk of Change. Identify and analyze the likelihood of the potential change introducing risk into the project. Characterize the risk to the extent possible and outline control measures for minimizing its negative effects. 3. Change Authorization. Communicate the proposed strategy(s) to resolve the change and make appropriate revisions as necessary to gain endorsement for the change (Step 4). Obtain a written change authorization from the CITY, by the City Public Works Director, and from the CONSULTANT, by its Project Manager, as representatives of the project stakeholders. 4. Workplan Revisions. Prior to undertaking the work as a result of the change, revise the project workplan (Step 5) to avoid misunderstandings, discontent, and poor project performance. Monitor the implementation of the change using the standard project tools and techniques. • • 'INTB Page15 Task 1.11 Meetings In addition to attending specific meetings as described in other tasks, the CONSULTANT Project Manager and/or deputy Project Manager will attend the following meetings: Meetings Purpose(Frequency) Preparation/Documentation City Project Manager Coordination meetings to discuss progress, action items, budget, schedule, upcoming issues (Bi- weekly, 10 total) Prepare agenda. Meeting minutes summarizing action items, decisions made and strategies Core Project Team Coordinate team's progress/effort, status (Bi -weekly) Prepare agenda. Summary of decisions made and assigned action items Department of Community Development (DCD) Coordinate permitting requirements/costs (One in Phase 1) Document all information given in formal letter back to DCD Task 1.12 Records Management Implement a records management system to log, file, and readily retrieve project documents that are received or generated by the project CONSULTANT team. Maintain a report on the status of requested information. Compile a Project Resources Notebook that contains pertinent project data developed as part of other work tasks described herein (e.g. contents: current schedule, latest progress report, meeting minutes, team roster, etc.). Periodically update the Project Resource Notebook as information is revised. Task 1.13 Cost Estimating Procedures Prepare the cost estimating forms and procedures that will be used for the evaluation of the alignment alternative developed in Phase 1 of the project. A Planning Level Cost Estimate will be prepared for the selected preferred alternative based on actual bid -tab data with the project costs collected and presented in accordance to the standard WSDOT or Tukwila cost summary format. • • HNTB Page16 Task 1 Deliverables: • Project Management Plan, ( 1 copy): • Project Definition ■ Project Schedule ■ Change Management Plan • Quality Management Plan • Communication Plan ■ Project Budget ■ Project Instructions ■ Monthly Progress Report, (1 copy) ■ Meeting minutes, (1 copy each meeting) • Project Schedule, (1 copy each update) • Written Change Authorizations • Project Management Plan Revisions ■ Project Resource Notebook, (1 copy) ■ Requested Information Report ■ Cost Estimating forms and procedures, (1 copy) Task 2 Alternatives Screening Assumptions: The screening report will consist primarily of the document, developed previously by the City of Tukwila, leading to the selection of Alternative 3B and on the later alternatives' analysis done by the CONSULTANT and other competitive consultants to select the their preferred alternatives. Engineering and environmental tasks to support the screening process are as follows: Evaluation of Alternative 3B — The evaluation of the City's current preferred alternative, 3B, included the following efforts: • Preparation of a conceptual plan for the City provided flyover alternative to review and evaluate the proposed layout; • Gathering and review of background data; • Site visits; HNTB Page17 • Identification of design limitations and potential fatal flaws associated with the proposed plan. • Develop modifications to meet required design criteria; • Prepare construction cost estimate for the proposed improvement. Development of Project Alternatives — The following efforts will be used in the development of additional alternatives: • Brainstorming project alternatives; • Meetings with the City to understand issues and to verify criteria and criteria priority; • Conceptual design development for each alternative for use in environmental screening; • Conducting analysis to evaluate alternatives according to the criteria and to determine if they would be functional and viable alternatives; • Level 1, fatal flaw, and level 2 screening will be used on new alternatives; • Preparation of a preliminary screening report and presentation; • Further refinement of the preferred alternative design. Preferred Alternative Cost Estimate —Development of a project cost estimate based on the refined design of the preferred alternative; Preferred Alternative Renderings — Development of color rendering(s) of the preferred alternative including aerial oblique view, proposed sections and concepts of project from multiple viewpoints. Efforts described above will be consolidated and appended. The work done by the CONSULTANT and other consultants may need to be modified or amended to satisfy NEPA documentation and WSDOT procedures. For example, more thorough reasons for the values assigned to each criterion may need to be included. These factors are unknown at this time and cannot be included in the budget. This scope will need to be discussed with WSDOT and the FHWA before the documentation can be finalized and this may result in Extra Work. The Screening Report will be reviewed by the City and WSDOT and the FHWA, and thus the General Environmental Documentation Assumptions listed below for those reviews and revisions will apply. Task 2 Deliverables: • Alternatives development and analysis • Comparative traffic analysis • Comparative analysis to project goals • Incorporate alternatives prepared by others • Alternatives Screening • Traffic simulation for preferred alternative • Documentation and supporting graphics for environmental effort • • HNTB Page18 Task 3 Environmental General Environmental Documentation Assumptions: Except where noted, the evaluation of the environment will follow the WSDOT Environmental Procedures Manual (EPM). Regulations, standards, guidelines, and procedures in effect at the time of the Notice -to -Proceed from the City will be followed. Any changes or additions to the regulations, standards, guidelines, or procedures could lead to extra work. Adding environmental elements or other changes to the requirements for environmental elements will result in Extra Work. The alternatives screening will be completed prior to the start of the technical memoranda in order to expedite the approval of environmental documentation. Technical memoranda authors will have sufficient design information to adequately analyze their subject. Changes made to the design following the beginning of environmental analysis could lead to Extra Work. Value engineering will be done before beginning the technical memoranda. If value engineering is done after beginning the analysis for the technical memoranda, changes to the project could lead to Extra Work. Task 3.1 Environmental Kick-off Meeting Assumptions: • Appropriate city staff, the CONSULTANT Project Manager, lead road designer, stormwater designer, the Environmental Task Leader, and at least one team member representing each discipline will be present at the kick-off meeting. At this initial meeting, discuss the scope, schedule, and expectations for the environmental components of the project. Establish the essential project procedures for administration, record keeping, and QA/QC. Attendees should be all those involved with the project including designers, environmental scientists, reviewers, GIS staff, and City staff. It is an opportunity to identify key issues and concerns and start the project with momentum. The CITY will be responsible for preparing for the kick-off meeting including scheduling meeting, making room arrangements, sending invitations, preparing project overview materials (scopes, budgets, schedule, maps, and existing conditions documentation). Deliverables: Contact List Project Overview Packet (20 copies) Task 3.2 Technical Memoranda General Technical Memo Assumptions: • • HNTB Page19 Environmental elements included here are the only ones that need documentation to show that a Categorical Exclusion is appropriate. Buy -in for this and for the analysis methods proposed here should be acquired from WSDOT and the FHWA. If they require additional analysis or analysis of additional environmental elements, it will be considered Extra Work. There will be no technical memo for Environmental Justice. Please refer to the assumption about Environmental Justice evaluation under the Documented CE below. Unless otherwise stated in the text below, all technical memos will review Existing Conditions, analyze impacts of the Build Alternative and the No Build Alternative for the design year, and present project activities that will minimize impacts if needed. Task 3.2.1 Displacement and Relocation Assumptions: None The CONSULTANT will identify likely acquisition of property, including land, structures, and landscaping, based upon conceptual right-of-way plans. Displacement of businesses, loss of parking, or change in access will be identified and evaluated. Mitigation measures specific to affected properties will be analyzed. Procedures will comply with the Uniform Relocation Act. Deliverables: Draft Displacement and Relocation technical memo Final Displacement and Relocation technical memo Task 3.2.2 Aesthetics Assumptions: Since the project is not likely to substantially affect aesthetics and visual resources, the typical EPM evaluation will not be prepared. The CONSULTANT will use the rendering of the landscaping and monumentation plans, as well and the design plans and sections to describe changes in the visual resources created by the project and any potential impacts and mitigations. Deliverables: Draft Aesthetics Technical Memo. Final Aesthetics Technical Memo Task 3.2.3 Air Quality The air quality impact analysis will be consistent with the requirements of federal and state conformity regulations, the procedures in the Environmental Protection Agency's (EPA) "Guideline for Modeling Carbon Monoxide from Roadway Intersections" and the WSDOT Environmental Procedures Manual (EPM) guidelines. • HNTB Page20 Assumptions: • Up to 3 intersections will be modeled for potential air quality impacts. • MOBILE 6.2 vehicle emission rates for all modeled scenarios will be provided by PSRC. A regional emissions or burden analysis will not be performed. • The CONSULTANT shall develop A.M. and P.M. peak -hour turning movements for all modeled intersections and scenarios listed below under CAL3QHC Modeling, as well as signal timing data and intersection geometries for each intersection included in the analysis. • Existing air quality in the vicinity of the project area will be described using readily available information from the Puget Sound Regional Council (PSRC), Puget Sound Clean Air Agency (PSCAA), the Department of Ecology (DOE), and the Environmental Protection Agency (EPA). • Air quality impacts from construction activities will be evaluated qualitatively per WSDOT EPM guidelines. Temporary air quality impacts during construction will be described, and mitigation measures to control fugitive dust will be discussed. • Modeling of air pollutants other than carbon monoxide (CO) is not proposed. Existing Conditions: For this task the CONSUTLANT will describe the existing air quality and pollution sources in the vicinity of the project area. The existing conditions will be described using existing sources of information such as Washington Department of Ecology (Ecology) Annual Air Quality Reports, and available data from Ecology monitoring stations. The potential environmental and health effects of CO, Particulate Matter (PM), Ozone, Hazardous Air Pollutants, and Greenhouse gasses will be discussed. Input Files for Model. Each intersection selected for modeling will be coded for input to the CAL3QHC model. Traffic volumes, turning movements, and signal timing information will be developed in conjunction with project traffic and transportation engineers and formatted for inclusion in the model input files. Input files will be developed for both the AM and PM peak traffic periods for Existing Conditions, the Year of Opening (Build and No -Build), and the Design Year (Build and No -Build). CAL3QHC Modeling. The air quality analysis will meet the requirements of WAC 173-240 and follow EPA and WSDOT guidelines. The air quality microscale analysis will determine CO concentrations using the CAL3QHC, version 2, air quality dispersion model. Maximum one-hour and eight-hour CO concentrations will be modeled at each intersection for AM and PM peak traffic periods. The intersections selected for air quality modeling and the corresponding receptor locations will be based on the level of service (LOS) in accordance with the federal conformity rule. The final selection of intersections to be modeled for air quality impacts will be made based on traffic modeling results and consultation with Tukwila and WSDOT Air Quality staff. Air quality impacts associated with the proposed project will be assessed, quantified, and described for: • • HNTB Page21 • The existing year • The year of opening — No Build Alternative • The year of opening — Build Alternative • The design year — No Build Alternative; and • The design year — Build Alternative Technical Memo: The CONSULTANT will prepare an Air Quality Technical Memo documenting the results of the analysis. The following traffic information and modeling information will be included in the report: • AM and PM peak hour traffic volumes and turning movements for the selected intersections • Description of modeled intersections • Description of receptor locations or figure showing receptor locations • 1 -hour and 8 -hour maximum pollutant concentrations at each intersection for each modeling scenario • Construction impacts and mitigations • Comparisons of modeling results to the state regulation and to the National Ambient Air Quality Standards (NAAQS) • Comparison of modeling results among the alternatives Project conformity statement noting the project's inclusion in an approved and conforming transportation plan and conforming transportation improvement program (if applicable), and the pertinence of the transportation control measures to the project. The conformity statement will indicate whether the project contributes to a reduction in the frequency and severity of violations of NAAQS (if any). Deliverables: Draft Air Quality Technical Memo Final Air Quality Technical Memo CAL3QHC Model files on CD Task 3.2.4 Traffic and Transportation Traffic and Transportation scope is provided under the section on Preliminary Engineering Studies. The report prepared for engineering will serve as the technical memo for the environmental document. • • CHNTB Page22 Task 3.2.5 Geology and Groundwater Assumptions: • No additional borings will be drilled specifically for the environmental documentation. • This work will be based on existing reports and reports prepared for the project. There will be no additional field work. The effects of cuts and fills on groundwater and on the steep slope adjacent to the shopping center will be evaluated. Geology, Soils (Earth), Groundwater and issues pertaining to City of Tukwila Environmentally Sensitive Areas (Potential Geologic Instability Areas) will be addressed. The information will include a description of subsurface conditions, project geology, tectonics and seismicity, geologic hazards, and sensitive areas. The effects of these factors on the project will be discussed. Deliverables: Draft Geology and Groundwater Technical Memo Final Geology and Groundwater Technical Memo Task 3.2.6 Water Quality Assumptions: None needed Water Quality Overview: Describe existing water quality conditions for water bodies that would be potentially affected by the project, in particular, the Type 3 (perennial) and Type 4 (seasonal) watercourses leading to the Type 2 (verified salmonid use) watercourse (leading to the Green River) along the southeast quadrant of the I -5/I-405 interchange. Provide an overview of the sources of water quality problems within the Southcenter subbasin of the Gilliam Creek Basin. Contact agencies (such as the Washington Department of Ecology (Ecology), the City, and the King County Department of Water and Land Resources Division (KCWLRD) to obtain existing water quality data, relevant water quality reports, and agency concerns. Review recent reports related to water quality within the Tukwila area. Site Visit: Conduct site visit to document existing water quality, drainage patterns, and potential sources of contamination in the project area. Review Water Quality Standards. Review water quality requirements that govern water quality treatment for development within the basin (refer Preliminary Engineering Studies for the stormwater scope and applicable regulations). Summarize Existing Pollutant Loading from the Project Site. Summarize pollutant loading impacts of the alternatives during construction and after construction. Describe water quality impacts with the project, with and without the treatment measures. Impacts to water quality will be described primarily in terms of changes in pollutant loadings entering the receiving waters and compliance with state water quality standards. Summarize water quality impacts other water - related elements, such as groundwater and fisheries. • • 'INTB Page23 Technical Memo Coordination: Coordinate with preparers of surface water, groundwater, wetlands, soils and fisheries elements to improve the understanding of existing conditions, the assessment of impacts, and to maintain consistency of the proposed mitigation. Summarize Impacts and Treatment. Describe the project's proposed water quality treatment facilities. Evaluate adequacy of the proposed facilities to mitigate water quality impacts. Describe potential mitigation for water quality impacts if additional mitigation is required. Deliverables: Draft water quality technical memo. Final water quality technical memo. Task 3.2.7 Stormwater Stormwater scope is provided under the section on Preliminary Engineering Studies. The report prepared for engineering will serve as the technical memo for the environmental document. Task 3.2.8 Fish and Aquatic Resources Assumptions: • The downstream watercourses include a Type 3 (perennial) and Type 4 (seasonal) watercourses leading to a Type 2 (verified salmonid use) watercourse which flows into the Green River. No in -stream work is proposed. • Since no in -stream work is proposed, no specific stream surveys will be performed. • Existing mapping, provided by the City, will be used for this project. • The focus of the impact assessment will be on the secondary impacts to downstream watercourses. Data Collection: CONSULTANT will gather and review data available from the City of Tukwila, Washington Department of Fish and Wildlife (WDFW) Priority Habitat Species database, interviews with the local WDFW habitat biologist, King County and other existing information on the watercourses and associated riparian areas. Site Reconnaissance: CONSULTANT will conduct a site reconnaissance of the project corridor. The site reconnaissance will consist of general observations of the stream. No specific habitat surveys will be conducted. Photo documentation of representative habitat within the project area will be taken to illustrate existing conditions. Impact Assessment: Based on the review of existing environmental background information, the site reconnaissance, and the proposed project actions, CONSULTANT will identify and evaluate potential impacts to the stream. This will include a brief description of impacts to species and habitats identified for the project, impacts such as impacts from direct degradation by actions such as sedimentation during clearing and filling. In addition, CONSULTANT will provide recommendations for avoiding and minimizing impacts including site-specific conservation measures and best management practices. * • HNTB Page24 Technical Memo: CONSULTANT will prepare a technical memo which summarizes the results of the stream reconnaissance, the stream assessment, and the photographic documentation of the existing conditions. Deliverables: Draft fisheries and aquatic resources technical memo Final fisheries and aquatic resources technical memo Task 3.3 Biological Assessment (BA) and Essential Fish Habitat The purpose of the BA is to evaluate individual projects in terms of their potential impacts to any species listed or proposed for listing as threatened or endangered under the Endangered Species Act (ESA). Assumptions: • Pink salmon are not present in the Type 2 watercourse. • Chinook and Coho salmon may occur in the watercourse. • Bull trout may occur within the Green River. • Eagles may occur is the project area. • A "No Effect" determination is expected, hence a "No Effect" BA level -of effort is planned. • The BA will include 30% complete drainage design. Although not expected, additional work beyond 30% required by the services will be considered Extra Work. ESA Listings. Requests will be made for ESA listings in the project vicinity. Letter requests are required for the Washington State Department of Natural Resources (DNR) and the Washington State Department of Fish and Wildlife (WDFW). Data is available on-line for NOAA-Fisheries and the U. S. Fish and Wildlife Service (USFWS). Listing of both threatened and endangered species and priority or critical habitats are made available by these agencies. Data received from these agencies will be used to determine the level -of -detail for the BA. Data collected through this process is only valid for six months. Additional information requests will be necessary if the project is not completed within this six-month window. If any listings or locations have changed, the BA will need to be updated to reflect those changes and this will be considered Extra Work. Effects Determination. Even though the BA is likely to be a "No Effects" letter BA, a field review will be required. An assessment of the potential impacts on all listed species and habitat will be completed followed by the "effects" determination. Documentation. If a determination of "No Effect" is made and WSDOT concurs, the services do not need to be contacted and the process is complete. If a full BA is required, it will be considered Extra Work. • GPINTB Page25 Essential Fish Habitat. Federal agencies are obligated under Section 305(b)(2) of the Magnuson - Stevens Act (MSA) and its implementing regulations (50 CFR 600), to consult with NOAA Fisheries regarding actions that are authorized, funded, or undertaken by that agency, that may adversely affect Essential Fish Habitat (EFH). The MSA defines EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." Furthermore, NOAA Fisheries is required to provide the Federal agency with conservation recommendations that minimize the adverse effects of the project and conserve EFH (MSA 305(b)(4)(A)). This consultation is based, in part, on information provided by the Federal agency and descriptions of EFH for Pacific groundfish, coastal pelagic species, and Pacific salmon (Chinook, Coho and pink salmon) contained in the Fishery Management Plans produced by the Pacific Fisheries Management Council. An EFH review and determination will be completed as part of the BA process. The EFH review will reference the effects discussed in the BA portion of the document and will evaluate the project effects on spawning, breeding, feeding, growth and/or maturity for Chinook and Coho. Deliverables: Draft Biological Assessment Final Biological Assessment Essential Fish Habitat Evaluation Task 3.4 Environmental Documentation Prepare a Documented Categorical Exclusion (DCE) to satisfy NEPA requirements, following the format and procedures specified in the WSDOT EMP. Complete the WSDOT Environmental Classification Summary. Adopt the NEPA document to satisfy SEPA requirements. Assumptions: • A NEPA Documented Categorical Exclusion (DCE) is acceptable for the project. • No environmental justice (EJ) populations are expected within the study area. Reference to the most recent census tract data for minority and low-income populations will be sufficient to answer the Environmental Classification Summary question. If WSDOT requests additional EJ documentation such as a technical report, or public outreach efforts, it will be considered Extra Work. • SEPA public notice requirements such as posting, mailings, and hearings will be handled and paid for by the City. • The City of Tukwila will accept and adopt the NEPA document and supplemental paperwork to satisfy the SEPA process. • The DCE documentation form (the Environmental Classification Summary, or ECS) will be adopted as the SEPA checklist. To be adopted in this way, the adoption package will include the elements included in Section A. Background of the SEPA Environmental Checklist. The adoption process will include a 15 -day public and agency comment • • HNTB Page26 period according to the Implementing Agreement between WSDOT and Ecology (see SEPA Compliance, below). The document issued for comments will be the document referred to as the approved camera-ready document, below, in the section on Document Review and Production. It is assumed that there will be no revisions of the document following review of the comments. The City will be responsible for notification of the public and agencies about the comment period and will be responsible for supplying them with requested copies of the document. • WSDOT will review the content of the adoption package and determine that they meet the adopting agency review standards, per WAC 197-11-630, prior to submitting the package to Ecology. Task 3.4.1 Documented Categorical Exclusion Preparation CONSULTANT will prepare an environmental document supporting the DCE, which includes preparation of the following sections: • Cover Sheet • Table of Contents • Chapter 1 — will include a summary description of existing conditions, describe the project purpose and project need, and the conclusions. • Chapter 2 — describes the proposed alternative and the other alternatives considered. • Chapter 3 — is a brief summary of impacts and mitigation, which is planned to be presented as a matrix. The following environmental elements will be addressed: • Displacement and Relocation • Aesthetics • Air Quality • Traffic and Transportation • Geology and Groundwater • Water Quality • Stormwater • Fish and Aquatic Resources • Biological Assessment and Essential Fish Habitat • References • Appendices (includes all technical memoranda) • HNTB Page27 Task 3.4.2 Environmental Classification Summary Prepare a WSDOT Environmental Classification Summary (ECS). Task 3.4.3 WSDOT Coordination Coordinate with the WSDOT Local Programs staff during the preparation of the technical reports, the environmental documentation, and the BA. Task 3.4.4 SEPA Compliance Pursuant to the Implementing Agreement between WSDOT and the Washington Department of Ecology, prepare the paperwork allowing the NEPA documentation to satisfy SEPA compliance. Please refer to the EMP, M31-11, March 2003, Exhibit 320-6 for the Implementing Agreement procedures. Deliverables: Draft and Final Environmental Document Supporting the CE. Draft and Final ECS form. SEPA/NEPA paperwork per WSDOT/Ecology MOU: Determination of Nonsignificance and Adoption of Existing Environmental Document. Task 3.5 Document Review and Production This task describes the internal review, editing, word processing, client review, WSDOT review, and production of the environmental documents. Assumptions: • It is assumed that the technical memoranda and the Environmental Classification Summary will be reviewed as part of the environmental document supporting the DCE rather than being reviewed separately. All environmental documents will have one review and revision cycle for the draft and one review and revision cycle for the final by the City and WSDOT Local Programs, followed by approval of a camera-ready version by the City. The 2 reviews and the camera-ready check by the City and WSDOT will occur concurrently. • The City will consolidate review comments of all reviewers, including WSDOT, and will resolve conflicting comments and duplicative comments before delivering them to the CONSULTANT. Comments will be delivered all at one time. Late comments often cause extra work. • All documents will be printed in black and white. Use of color will require additional budget. • • 'INTB Page28 • The budget for editing, word processing, reproduction, quality control, and other reviews is based on 100 pages, including appendices, for both the draft and final versions of the DCE and supporting technical memos. • The budget for GIS/Graphics for the draft and final versions assumes a limit of 33 color figures created with no more than 2 base figures. Five (5) copies, each, of the draft and the final, and one copy of the camera-ready will be provided to the City and WSDOT. • Following receipt of approval signatures, 20 duplicated copies and one CD copy of the document will be provided to the City. • It is assumed that the screening document will be no longer than 100 pages with no more than 40 color graphics. There will be 5 review copies. 5 final copies and one camera- ready CD copy of the screening document will be provided. The screening document will refer to the previous screening work but will not be required to be packaged with it under one cover. • The biological assessment/no effect letter will be no longer than 15 pages. 5 copies will be provided for review and 1 camera-ready CD copy and 4 hard copies of the final will be provided. The screening document, each of the technical memos, the environmental classification summary, the environmental document supporting the CE, and the SEPA adoption document will require internal CONSULTANT technical review, editing, and word processing; then City and WSDOT review, followed by revisions, editing, word processing and production for each review cycle. There will also be an internal CONSULTANT QA/QC process to monitor and make sure that the appropriate quality control is being conducted. Deliverables: Document deliverables are listed under each task described above. Task 3.6 Task Management This task is for the Environmental Task Leader to supervise the environmental work, contribute to progress reports, and to manage the staffing, scheduling, budgeting, and other administrative tasks required to produce the deliverables listed in the environmental tasks described above. Assumptions: • The environmental work will be completed within 11 months after receiving Notice to Proceed. Deliverables: Environmental task contributions to the monthly report. • • HNTB Page29 Task 3.7 Permitting Permitting will be initiated during phase 2 of the project. The scope will be developed prior to commencement of that phase. Task 4 Public Involvement / Stakeholder Coordination The goal of public involvement activities is to seek input from citizens and interested groups in future decisions for the unresolved project issues, through a program of two-way communications. Strategies to involve interested groups and citizens in Phase 1 of the PROJECT are described in the following subtasks. Task 4.1 Implement Ongoing Community and Agency Involvement Program Assumptions: • Public outreach for this project will be directed by, and the primary responsibility of the CITY's Department of Public Works. The overall role of the CONSULTANT team members for public outreach tasks will be to support the CITY staff with stakeholder coordination, scheduling meetings and preparing meeting minutes. • CITY staff and elected leaders will remain the primary public spokespersons in outreach to citizens and interested groups for all phases of the PROJECT. The City Project Manager has been designated as official spokesperson for the project. • Public communications will emphasize the alternative screening process already performed for the PROJECT. Public involvement in these final project phases will seek input on the unresolved issues and future decisions that still need to be made. • The main project stakeholders will be City of Tukwila, Westfield Shoppingtown Mall Southcenter Place Building and WSDOT. It is anticipated that significant coordination with other adjacent local businesses will be necessary. • Public outreach in Phase 1 sets the stage for gathering vital information and intelligence from key stakeholders, and further refining the approach that will be used for public outreach in subsequent project phases. • Citizen participation for Phase 2 is a dynamic process. The public outreach program for the PROJECT developed in Phase 1 will be designed to be flexible, recognizing that adjustments will be made along the way. These adjustments will be the result of close collaboration between the CITY and the CONSULTANT team. • The CONSULTANT shall, to the maximum extent possible, utilize the exiting Public Involvement Plan in use for the TUC. After the Team has reviewed and approved the Plan, the CITY will be responsible for ongoing adjustments and decisions regarding implementation of public outreach. • • HNTB Page30 • Two meetings are assumed as part of the Phase 1 Public Involvement Program. These meetings will be held to introduce the PROJECT to the stakeholders and discuss the preferred alternative, and to coordinate the development of the PROJECT with input provided from the stakeholders. Objective: To establish a community and agency involvement program in support of the overall work program, provide ongoing methods to disseminate project information, and gain feedback in an effective and timely manner throughout the project process. The community involvement program should be complementary to other community outreach conducted by the local jurisdictions. Community and agency involvement will be obtained through early and ongoing methods of information exchange. The goals include disseminating information about the PROJECT and evaluation process to the community, interested agencies, elected officials, and affected businesses, as well as obtaining and monitoring feedback. It is expected that the community and agency involvement process will vary in intensity and method during different stages of the work program. The CONSULTANT, in consultation with CITY and the Project Management Team, will develop, implement, and maintain several modes of information exchange as described below, from project initiation through completion of environmental review. Community and Agency Involvement Coordinator: The CONSULTANT will designate a Community and Agency Involvement Coordinator who will be primarily responsible for responding to and documenting inquiries from interested parties relating to the technical and community involvement. The coordinator also will serve as a vital conduit to channel feedback to the CITY and the Project Manager. Fact Sheets: The CONSULTANT will develop a project facts sheet with approved masthead that will contain project descriptions, a summary of the public involvement process, and other pertinent information of interest to the public. This facts sheet will be updated as necessary at key milestones during the course of the project and forwarded to the CITY for distribution to those sources requiring the update. Fact sheets will be 1-2 pages, focusing on specific topics (such as project development process, proposed concepts, screening and evaluation, environmental issues, etc.) on an as -needed basis. For budgeting purposes, a total of four fact sheets are assumed. The design, editing, and printing of the fact sheets will be the responsibility of the CONSULTANT. Distribution of the fact sheets and direct printing expenses will be the responsibility of the CITY. All written communications shall be developed in consultation with the CITY and subject to prior approval by the CITY. Community Mailing List: The CITY will develop a mailing list of community-based organizations, publications, agencies, libraries, elected officials, and individuals that will receive copies of the newsletter, notice of open houses/public hearings, and other pertinent information. This task will be coordinated with the CITY prior to initiation in order to incorporate any lists the CITY may already have developed and reduce the potential for confusion with other mailings of the CITY. CITY Web Site: The CONSULTANT will coordinate with the CITY's web site staff to enable project newsletters and other public information to be posted on the CITY's web site. The format • • HNTB Page31 and content of materials to be posted on the web site must be reviewed in advance by the CITY. The web site will be publicized on all communications relating to the community and agency involvement process. The CITY will be responsible for downloading, summarizing or otherwise organizing, and responding to any feedback received through the web site. Schedule: On-going through completion of the environmental clearance and Design Documentation File. Deliverables: Designation of Community and Agency Involvement Coordinator Develop community mailing list Design, implementation, and maintenance of specific communications vehicles to be used throughout the duration of the project process, including newsletters, fact sheets, and web pages. Task 4.2 Coordinate Activities with WSDOT Meet with WSDOT's Traffic office, Developer Services office, and Environmental office to introduce the PROJECT, and to explore adjustments or enhancements to the proposed alternative, and to confirm the method used for alternative screening. Present preferred alignment and collect their input. Deliverables: Up to two meetings with WSDOT, arranged such that the representatives of each WSDOT department attends the same meeting(s) Task 4.3 Coordinate Activities with Westfield Shoppingtown Mall Meet with Westfield to introduce the PROJECT, and to explore adjustments or enhancements to the proposed alternative, and to coordinate proposed optional traffic circulation to and from the new parking garage. Deliverables: Up to two meetings with Westfield. Task 4.4 Coordinate Activities with Southcenter Place Building Meet with Southcenter Place Building to introduce the PROJECT, and to explore possible parking lot reconfiguration to mitigate lost stalls adjacent to Southcenter Parkway, as well as right-of-way and pedestrian facilities impacts. This task shall include the development of up to three conceptual drawings to address the impacts to the existing parking capacity of this building. The drawings will be generated at 1"=50' scale and will include available base mapping to date. It is expected that the owner/property manager of the Southcenter Place Building will select a layout for the CONSULTANT to further in the Preliminary Design effort. (Task 5). Deliverables: Up to four meetings with Southcenter Place Building; three conceptual drawings at 1"=50'. • • NNTB Page32 Task 4.5 Displays and Maps The CONSULTANT will assist the CITY in preparing large-scale portable graphic displays and maps to depict information for the stakeholder meetings. Deliverables: Up to 6 portable displays and maps for stakeholder meetings. (planimetric preferred project alternative); maps to be provided in hard copy and in electronic/PDF format. Task 4.6 Project Open House Meetings Assumptions: • A total of two (2) public open houses will be held in support of this project through 30% design. Objective: To ensure opportunities for early coordination with the public; provide information on the PROJECT, concepts, and evaluation process; and obtain feedback with respect to the project concepts, concepts evaluation, findings, and recommendations. Approach: The CONSULTANT will organize, conduct, and facilitate a public open house where the information and recommendations developed by the CONSULTANT can be presented. Public feedback will be encouraged at the open house through conversations with project team members who will staff a series of information stations, as well as written feedback using response forms provided to each attendee. Also, the CONSULTANTS's Community and Agency Involvement Coordinator will be available to identify community groups that have been contacted and to discuss their input. The open house will be up to 4 hours in length and will be held at a time designed to maximize public attendance. The open house will be held in a space that affords room for individual stations corresponding to key subject areas, with appropriate visual depictions and handouts provided at each. Stations may include, but are not limited to, greeting/sign-in/room layout; proposed project action; the concept development and evaluation process; relationship to the environmental review process; project schedule; key issues; relationship to Westfield Shoppingtown Mall expansion and Tukwila Urban Center plan; and how the public can continue to be involved. Each station will be staffed by one or more members of the CONSULTANT team, in conjunction with CITY or stakeholder staff. CITY staff will be in attendance to assist with presentations, and to answer other general questions consistent with their area of expertise or responsibility. Brief presentations may be made at specific intervals (such as on the half-hour) to welcome attendees, provide a general overview of the open house, and summarize the proposed projects and process. The CONSULTANT will be responsible for the following in connection with the open house: • Coordinate scheduling of the open house with the CITY; • Provide clear directional signage; 1 • HNTB Page33 • The CITY shall provide notice of the open house by publication in newspapers of local and regional circulation and other available means of communication (including the project newsletter, CITY web site, and community publications and calendars); • Provide notice of availability of reasonable accommodations for the open house such as large -type written materials, sign language interpreter, foreign language interpreter and physical ability accommodations and instructions on how to arrange for these in advance (these service to be provided by CITY); • Develop sign -in sheets, presentation materials for the meeting including audio-visual aids, written handouts, fact sheets, and response forms. The CONSULTANT will print and assemble 75 copies of the public handouts, fact sheets, and response forms; • Brief staff at the open house on assignments, media contacts, recording public comments, and encouraging use of response forms; • Arrange for set-up and take-down of the open house location; • Debrief staff assigned to the meeting in order to capture verbal comments received; and • Compile and summarize all verbal and written comments received. The CITY will be responsible for meeting room rental fees and publication of legal meeting notices. Notice of the public open house will include publication in newspapers of local and regional circulation, and other available means of communication including the project newsletter, CITY web site, and community publications and calendars. Schedule: The initial open house will be scheduled to occur during Task 3.1. Deliverables: Preparation of support materials Arrangement of, and attendance at, two public open house meetings Preparation of up to 6 display boards; 75 copies of the public handouts, fact sheets, and response forms; sign -in sheets; a record of the early coordination efforts, including documentation of coordination meetings and announcements; copies of all fact sheets, handouts, mailings, and other written information provided; summaries of comments received; and a sign -in record. Task 5 Preliminary Engineering Studies This task specifically identifies the effort for preliminary engineering necessary to support the Environmental Documentation, and development of the Design Report. Effort associated with preparing, circulating, revising and finalizing the Design Report are covered separately in Task 8 — Design Report. General Assumptions. • • HNTB Page34 1. The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit A. These costs are itemized to aid in project tracking purposes only. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. Additional services beyond these limits shall be considered Extra Work. 2. The CONSULTANT is responsible for meeting deadlines for their tasks only; having no control over those portions of the schedule related to the tasks performed by the CITY or any third party. 3. Subsurface investigation and remedial action associated with hazardous wastes located within the project limits are not within this scope of services. It is assumed no hazardous, dangerous, or contaminated soil/ground water shall be encountered on or within the project limits. Should any of these materials be encountered, it shall be considered Extra Work. 4. Electronic contract plan files and survey data shall be delivered to the CITY in AutoCAD format at the conclusion of Phase 2 — Final Design. Electronic deliverables, in PDF format, shall be provided at the conclusion of Phase 1. 5. The analyses, design, plans, specifications, and estimate performed or prepared as part of the PROJECT shall be in English units. Metric units shall not be used on this PROJECT. 6. The plans shall be prepared in accordance with CITY drafting standards, with WSDOT/APWA standards being the default standards to follow, if CITY standards do not exist. The CONSULTANT shall complete the necessary preliminary engineering studies and design for the proposed concept to the level of detail to support the NEPA and SEPA environmental processes, to prepare an accurate and defendable construction cost estimate for the identified work, and to support the pursuit of additional project funding. Assumptions: In preparing the scope and budget for this project, the following assumptions were made: • Preliminary estimate of probable cost will be prepared for the preferred alternative only. All costs will be estimated in 2005 dollars. Estimated costs will include design engineering, construction management and construction and right of way. • The proposed roadway alternative is the preferred alternative presented in the project proposal. • The proposed improvements will not directly impact the WSDOT ramps connecting to Southcenter Parkway • The estimated hours include a single review and revision cycle with the City of Tukwila. The effort associated with additional reviews and revisions will be considered Extra Work. • HNTB Page35 • Review and comments on all submittals to agencies will be returned to the CONSULTANT within the time stipulated (two or three weeks) for each. • Work performed during the concept development and proposal stage of the project will be the basis of all work identified in this scope of services. Task 5.1 Data Needs Confirmation and Collection Assumptions: • The CITY shall provide to the CONSULTANT any additional available existing information and requirements relative to the PROJECT. Existing Data Collection and Review - Review the existing data provided by the CITY. Review collected information against the assumptions made on the project. Categorize and prioritize the information as to the degree it specifically relates to the proposed PROJECT improvements. Document the major findings and determine what additional data or analysis is needed. Site Reconnaissance - The CONSULTANT team members shall visit the site after reviewing the collected existing data taking photographs and video to assist in future corridor studies and for coordination purposes. The site visit shall be used to check existing data, aerial mapping data, and as -built maps; noting those features that visibly differ from the existing data collected and determining areas that need additional field survey in the later phases of the PROJECT. Transportation -related data to be collected during the site visit may include channelization inventory, lane widths, and pedestrian and bicycle facilities inventory. Task 5.2 Aerial Photogrammetry, Surveying, and Base Mapping Assumptions: • The Modified Lid concept is the selected alternative for scoping. • The horizontal datum for this project will be NAD83/91. • The vertical datum for this project will be NAVD88. • No surveying will be required in the traveled lanes of I-5. • No permanent monuments will be set along the existing or proposed right-of-way, and no record of survey will be filed with the County. Establish horizontal and vertical control in the project area based on the project datums, and set project benchmarks approximately 500' along Southcenter Parkway. Establish the boundaries of Southcenter Parkway and Strander Blvd. within the limits of the Klickitat Drive project. Prepare a topographic base map for the project area showing all physical features visible on the ground surface and evidence of underground utilities. The mapping will also include record utility information obtained from existing records. 1 • HNTB Page36 The mapping limits will be as follows: Along Southcenter Parkway from a point approximately 500 feet south of Strander Blvd. to a point approximately 1320 feet north of Strander Blvd. and 75' west of centerline and 100' east of centerline. Along Strander Blvd. from Southcenter Parkway to a point approximately 300' to the east and 50' each side of centerline. Along Klickitat Drive from Southcenter Parkway to the most easterly edge of pavement of I-5 and 45' north of centerline and 55' south of centerline. The mapping will be provided in AutoCAD at a scale of 1" = 40' with a 1' contour interval. Task 5.3 Existing Utility Plan Assumptions: • One (1), 4 -hour coordination meeting with CITY and the affected utility franchises. • Up to two (2), 2 -hour meeting for design team staff with other disciplines and work efforts. • The CONSULTANT will distribute materials to all affected agencies for two (2) reviews. • The CONSULTANT will compile all affected agency comments. • Engineering services for the relocation of existing utilities as required by conflict shall be accomplished by the utility owners per franchise and easement agreement for existing and proposed right-of-way, and not by the CONSULTANT. The CONSULTANT will prepare an Existing Utility Plan to determine impacts from the PROJECT, and prepare an action strategy for inclusion in the Design Report. The CONSULTANT will assemble and review applicable studies, existing information, and as -built plans to identify major utilities that could be affected by the direct access project. Task 5.2, Aerial Photogrammetry, Surveying, and Base Mapping includes inventory, survey, and base mapping of all drainage flow lines (ditch, culvert, catch basin, etc.), pipe size, electrical facilities, sign posts, communications, telephone, water, sewer, gas, other utilities, and related facilities based upon existing surveys, as -built information, utility locates, and potholing or other location techniques. After information has been obtained, surveyed, and plotted, the CONSULTANT will identify potential impacts to utilities. A meeting will then be held with the CITY, and all affected utilities present by easement to discuss utility relocation or modification costs. The CONSULTANT will record the meeting notes and provide copies to the CITY. Schedule: To be determined as part of Task 1.2, Develop Detailed Project Schedule and Milestones. • • 'INTB Page37 If insufficient data is available for design purposes, it may be necessary to pot -hole existing utility locations. This scope assumes that the City will arrange for right of entry, and provide the necessary permits. Deliverables: Existing Utility Plan, list of utilities affected by project, and action strategy for resolving the conflicts for inclusion with the Design Report. Task 5.4 Preliminary Engineering; 30% Level Design CONSULTANT will prepare detailed preliminary Construction Drawings (30% level design), including plan views, profiles, and cross-sections, along with supporting design calculations. In order to develop a basis for a work hour estimate, an estimate of the preliminary plans that are assumed to be required is included below. The project length is approximately 1,500 linear feet along Southcenter Parkway and it is assumed that the project can be covered on four (4) plan sheets plus three (3) additional plan sheets to address improvements required on Klickitat Drive, Strander Boulevard, and Nordstrom's Mall access. It is anticipated that additional off-site improvements can be incorporated into these sheets. Related profiles will be addressed on separate sheets as quantified below. Plans will be drawn at 1" =20' scale unless noted otherwise. Plans will be generated in accordance with the City of Tukwila Plan Standards. Format for plans will be ink or equivalent, on City of Tukwila title/border, 22 -inch x 34 -inch size sheets. The scales to be used, the lettering and the general delineation of the plans will be such as will provide legible reproduction at full scale or when reproduced at one-quarter the original size (50 percent reduction). A total of 30 drawings is anticipated and will be based on the following sheet breakdown and descriptions: a. Title and Index Sheet (1 Sheet, not -to -scale (NTS)) Title and index sheet will include a vicinity map. b. Legend, Abbreviations, and General Notes (1 Sheet, NTS) Sheet will present legend, abbreviations, and general notes for preliminary drawings. c. Roadway Sections (1 Sheet, NTS) Roadway sections for the typical roadway cross- sections for construction. d. Paving, Grading, and Drainage Plans / Curb and Drainage Profiles (13 Sheets 7 plan, 4 profile, H:1" =20', V:1" =5' Scale ) The plan format will split the plan and profile information, providing each on separate sheets. The plans will include: • horizontal alignment information, paving limits, retaining wall locations and heights and limits of any cut/fill required. • limits of pavement removal and grading limits • proposed drainage, stormwater treatment, and detention facilities locations and sizing • HNTB Page38 • Elevation and pipe slope information for drainage laterals, on plan view; elevation and pipe slope information for main drainage lines on the roadway profiles. The plans will include centerline profiles (including location and elevation) to control the vertical elements of the work within the corridor. On the same profile, preliminary drainage profiles (including location and elevation) will be prepared by the CONSULTANT for the main drainage lines throughout the project. These profiles will provide information on drainage structure types, rim elevations and invert elevations. Design slopes between drainage structures will be shown here and not on the Plans. Profiles will not be prepared for the laterals. e. Channelization and Signing Plans (4 Sheets, 1" =20' Scale) Preliminary channelization and signing plans (including sign schedule) that illustrate project channelization and signing. f. Preliminary Signal Plans (4 Sheets, 1" =20' Scale) Prepare preliminary design for signal modifications at Klickitat Drive, Strander Boulevard and Nordstrom entrance intersections with Southcenter Parkway. The preliminary design of a new signalized intersection at Klickitat Drive and the I-5 SB on-ramp will also be included. Preliminary layouts will include plan view of the proposed signal identifying signal pole locations, controller cabinet locations and other surface features associated with the signal that could impact existing or proposed improvements. Assumes 1 sheet each at Strander, Klickitat, Nordstrom's Mall entrance and Klickitat/SB I-5 intersections. Preliminary signal plans shall also include proposed signal interconnection between the Strander, Klickitat, Nordstrom and Klickitat Dr/SB 1-5 ramp intersections. Coordination with the Tukwila Urban Center Signal Interconnect Project will be necessary during this design. g. Preliminary Traffic Control Plans (4 Sheets, 1" =40' Scale) Prepare plans outlining recommended construction sequencing and signing to minimize traffic impacts during construction. h. Preliminary Right-of-way Needs Assessment (2 Sheets, 1" =40' Scale) Develop plan which identify the locations and associated areas of impact for the proposed project. The plan will show proposed take areas and proposed easement areas. A tabulated summary of needs will be included on the plan by affected parcel. Deliverables: Preliminary Construction Drawings (30% Level Design); 30 sheets Task 5.5 Visual Inventory and Context Sensitive Solutions Assumptions: • Up to five Advisory Committee meetings for purposes of presentation and eliciting feedback. • Two site visits will be conducted. One brief primary site visit with the City Project Manager and a second more extensive site visit to document the existing conditions. Information to be furnished by the City includes any documentation or base map information related to Aesthetics and Visual Inventory. • HNTB Page39 The CONSULTANT will conduct a visual inventory for the project in accordance with the City of Tukwila and WSDOT guidelines. In this task, the CONSULTANT will work with the CITY and other identified stakeholders as part of the context sensitive solutions process to define the aesthetic and visual elements of the proposed project, identify urban design opportunities and constraints and develop aesthetic and architectural treatments to be in harmony with the urban center theme. The CONSULTANT will implement the requirements of the Roadside Classification Plan for the I-5 and I-405 corridor, incorporate the restoration and enhancement of the roadside function, develop concepts and alternatives for urban design improvements and develop cost estimates based upon selected aesthetic treatment options. The CONSULTANT will work with the CITY to develop and identify individuals within the community that will provide a regional and local based perspective on design issues. It is anticipated that the CSS Advisory Committee meetings will be a workshop or charette environment. Task 5.5.1 Visual Inventory The visual inventory report shall consist of a written report and plan graphics to depict findings of existing conditions, opportunities and constraints. This will include site plan graphics and photographs to illustrate existing conditions and will be presented at the first of the Advisory Committee meetings (see Task 5.5.2). The report will contain an appendix containing copies of photographs documenting existing conditions viewed from and view to elements. View points will be determined with the CITY and the Advisory committee in conjunction with the WSDOT NW Region Landscape Architect. The focus of the report will be on "View from the Road" issues and "View to the Road" issues. Deliverables: Visual Inventory Report Appendix documenting existing conditions Task 5.5.2 Context Sensitive Solutions and Aesthetics The CONSULTANT will conduct up to two 2 -hour Advisory Committee (AC) meetings. The Advisory Committee (AC) will be guided through the process used on the I-405 project, and the colors, textures, materials, and plant types selected. CITY staff will supplement the meeting discussion with the process used for the TUC sub -area plan. Incorporate Community Vision and Goals: The Consultant will distill the issues and aspirations listed by the AC at the first workshop, and from a meeting with the CITY to incorporate TUC elements, into a draft vision statement and draft set of goals for the project. Example images will be illustrated and will be coordinated with findings and efforts associated with the adjacent I-405 project. Develop Design Concepts: Based upon the vision established under TUC and I-405, project goals and review of the site inventory, the CONSULTANT will identify a series of design concepts or • HNTB Page40 'big ideas" for composing and organizing the design of the project. At this stage opportunities for community enhancement or artwork will be discussed and identified. Conceptual Plan: Based upon feedback received from the AC, the design team will develop a preferred conceptual plan and probable cost for the urban design and aesthetic elements. In conjunction with the preferred plan, a master plan report will be developed to document the planning effort in sufficient detail to explain the elements selected and process undertaken to achieve the recommended results. The recommendations will be organized based on the priorities established during the study. Deliverables: Conceptual Plan for Urban Design and Aesthetics Elements Task 5.6 Prepare Preliminary Estimate of Probable Project Cost CONSULTANT shall prepare an Engineer's Opinion of Probable Construction Cost, with an itemized list in tabular form describing specification section, item, and quantity, estimated unit costs and estimated total cost. At the preliminary phase of design, the estimate will itemize the quantities to the level of detail available and address the remaining items with general unit costs and contingencies. It is understood that any cost opinion or engineer's estimate provided by the CONSULTANT will be on the basis of experience and judgment. Because the CONSULTANT has no control over market conditions or bidding procedures, the CONSULTANT does not provide warranty or guarantee of the estimated costs. Deliverables: Estimate of Probable Construction Cost Task 5.7 Value Engineering Study Assumptions: • Up to two (2), 2 -hour meetings for 3 members of the design team. • The CONSULTANT will be responsible for the meeting logistics, refreshments and facilities. • The CONSULTANT will distribute materials to all affected agencies for two (2) reviews (one each for the "Draft" and "Final" VE study reports). • The CONSULTANT will compile all affected agency comments. A value engineering (VE) analysis will be conducted for the preferred alternative. The CONSULTANT will recommend the VE Team composition and desired qualifications to the CITY, and the CITY will provide names of project stakeholders or CITY staff to attend. Salaries and travel expenses for VE Team members will be borne by their respective agencies, or businesses. s • HNTB Page41 The VE study is assumed to occur over three consecutive days. The CONSULTANT will provide a facilitator for the VE team, compile the findings and recommendations, and prepare a draft and final VE study report. The CONSULTANT will prepare design information, exhibits, and necessary support materials for the VE study, and will participate throughout the study. The CONSULTANT will also be responsible for all logistical arrangements, including a meeting facility and light refreshments. Following preparation of the draft VE study report, the CONSULTANT will coordinate with the CITY to determine how best to incorporate the study findings and recommendations into the continued development of the preferred alternative. Decisions reached will be reflected in the final VE study report. The VE Study will take place within 30 days after completion of Task 5.0. The CONSULTANT will be responsible for preparation for the three-day VE study including: provision for meeting arrangements and refreshments; exhibits, design information, and support materials; and five copies, and electronic files, of the draft and final report identifying the study findings and recommendations. Deliverables: Draft and Final VE Study Report Task 6 Drainage This task is divided into two distinct efforts; 1) Support for Environmental Documentation, and 2) Continued design effort in support of the Design Report via the Technical Information Report (TIR) Assumptions: • Treatment and detention requirements will be based on the methodology defined by the CITY. No special analysis of treatment options will be conducted if required by permitting agencies under this scope. Task 6.1 Environmental Documentation Support Task 6.1.1 Existing Data Collection This effort will include the acquisition of the following: • System maps, hydraulic reports, and maintenance issues on existing drainage facilities; • As -built drawings of the existing drainage utilities; • Available geotechnical data including infiltration capacity evaluations; • Available water quality data. • HNTB Page42 Task 6.1.2 Identify Discharge Locations (Outfalls) Specific activities to be carried out in the execution of this task include: • Review existing drainage system records and locate current discharges to the Green River, Gilliam Creek, and the stormwater collection systems; • Field Verification of existing drainage facilities; • Field verification of current condition of existing CITY and WSDOT facilities including all culverts to 1/4 mile downstream of the project; • Description of existing conditions; • Develop vicinity map. Task 6.1.3 Determine Stormwater Quality and Flow Control Requirements Specific efforts to be carried out in this task included the estimation of the increased impervious area based on the preferred roadway improvement alternative. Required treatment protocols and detention volumes will be established based on the results of the estimation. Task 6.1.4 Prepare Stormwater Management Facility Type, Size and Location Report This Consultant will be responsible for the following in this task: • Summarize results of data collection and interviews in narrative form; • Summarize design criterion to be applied for this project; • Document Stormwater Quality and Flow Control mitigation measures considered; • Recommend Stormwater Quality and Flow Control for the preferred roadway improvement alternative. Task 6.1.5 Support Environmental Documentation The purpose of the task is to ensure coordination between the stormwater design and environmental permitting efforts. The CONSULTANT will carry out coordination as follows: • Provide quality control review of Discipline Report(s) • Provide initial temporary erosion control concepts as required to support permitting. Deliverables: • HNTB Page43 • Log of collected data • Meeting minutes and correspondence, (1 copy) • Narrative summarizing collected information and final stormwater elements for inclusion in the Stormwater Management TS&L Report. Task 6.2 Technical Information Report (TIR) Assumptions • • Basis for preparation of the TIR will be the King County Surface Water Design Manual, 1998 The CONSULTANT will expand the analysis developed in Task 6.1, Prepare Conceptual Hydraulics Studies, and will prepare a Hydraulics Report for the direct access project in accordance with the WSDOT Hydraulics Manual. The Hydraulics Report shall contain: • Vicinity map; • Description of the drainage basin(s); • Description of drainage surface(s); • Field verification of existing drainage facilities; • Field verification of current condition of existing CITY drainage facilities, including all culverts; • Type, size, and location of existing drainage facilities owned by CITY and others; • Type, size, and location of proposed drainage structures; • Profiles on standard sheets showing flow line (invert) elevations; • Calculations for runoff and pipe sizing; • Cross-sections for open channel or ditch drainage structures; • Ditch and gutter conveyance calculations; • Type, size, and location of retention facilities; • Type, size, and location of storm water treatment facilities; • Evaluation of culverts for fish passage requirements; • Discussion of alternatives; • Identification of selected alternatives; and • HNTB Page44 • Cost estimate, including right-of-way, mitigation for right-of-way acquired for drainage purposes (if applicable), drainage facilities, and maintenance cost over the life expectancy of the drainage facility; The CONSULTANT will meet with the CITY Stormwater Engineer to discuss the CONSULTANT's approach to preparing the Hydraulics Report prior to starting this phase of work. The CONSULTANT will submit a Draft Hydraulic Report to the CITY Stormwater Engineer for review. Review comments will be prepared and returned to the CONSULTANT. All comments returned to the CONSULTANT shall be addressed to the satisfaction of the CITY Stormwater Engineer. Once all issues are resolved a Final Hydraulic Report shall be submitted. Schedule: To be determined as part of Task 1.2, Develop Detailed Project Schedule and Milestones. Deliverables: Draft Hydraulics Report Documented Response to Comments Approved Final Hydraulics Report Hydraulic Summary for inclusion in the Design Report. Task 7 Geotechnical This task will be accomplished in three phases; environmental documentation support, additional soils data collection and analysis, and support for the structure analysis and Design Report (Preliminary Geotechnical Report) Task 7.1 NEPA Documentation: Geology, Soils, Groundwater and Geologically Sensitive Areas Assumptions: • No additional borings will be drilled specifically for the environmental documentation. This work will be based on existing reports and those prepared for the project; no additional field work is anticipated. CONSULTANT will address the following elements of the NEPA documentation: Geology, Soils (Earth), Groundwater and issues pertaining to City of Tukwila Environmentally Sensitive Areas (geologic elements). The information will be presented in the form of a technical memorandum to be excerpted into the NEPA document. The information will include an existing conditions (affected environment) section that will describe subsurface conditions, project geology, tectonics and seismicity, geologic hazards, and sensitive areas. The information will also include a discussion of geotechnical impacts of the project and mitigation measures will be proposed to offset potential impacts. Task 7.2 Geotechnical Design Services Assumptions: • HNTB Page45 • It is assumed the extent of field exploration will be 11 drilled borings. Of these 11 borings, 4 are assumed to be mud rotary. Data Review and Summary Memorandum: This initial phase will include a thorough review of existing geotechnical and geological background information such as geologic maps, topographical maps, and geotechnical studies of the site and vicinity. This review will help identify likely ground conditions and facilitate preliminary project team design decisions. The results of these evaluations will be presented in a summary memorandum. The Consultant will obtain the necessary permits for field explorations. Field Explorations and Laboratory Analyses: Additional field explorations will be performed to complement and expand on the body of available geotechnical data. Prior to performing subsurface explorations we will prepare a work plan that will identify the locations and depths of the explorations. The work plan will also be used to facilitate obtaining the various permits that will be likely from the City of Tukwila and WSDOT as well as to coordinate utility clearances. Field explorations will include drilled borings. The CONSULTANT will also observe and document existing conditions of the pavement surface along the project alignment. Falling weight deflectometer (FWD) testing may also be completed to assist in evaluating the existing pavement section for overlay design purposes. Laboratory analyses will be performed to evaluate pertinent physical and engineering characteristics of the soils based on laboratory tests performed on samples obtained from the borings. The laboratory tests may include moisture content, dry density, Atterberg Limits and grain size analyses, as appropriate. Engineering Analyses and Development of Design Recommendations: Engineering analyses will be performed to develop preliminary geotechnical design recommendations for the various site improvements. These recommendations will likely include: site preparation and earthwork including mitigation of unsuitable ground conditions; pavement design; stability and performance of temporary and permanent cut and fill slopes; foundations for new bridge/lid structure and other structures such as retaining walls and traffic signal and luminary poles; alternative retaining walls; and seismic considerations including seismic design criteria and liquefaction potential of site soils. The results of the subsurface exploration, laboratory testing, analyses, and geotechnical design recommendations will be presented in a Draft Preliminary Geotechnical Report for review by the project team. The draft report will provide the findings, conclusions and recommendations as� appropriate for the project Task 7.3 Final Preliminary Geotechnical Report Assumptions: • Traffic data (equivalent single -axle loads, ESAL's) will be determined by the CONSULTANT 's work under Task 9.0. • No participation in team and/or agency meetings is assumed for completion of this task • HNTB Page46 The final report will document the efforts and results of Tasks 7.1 through 7.2 and provide recommendations for pavement determination, and foundation design for walls and structures. Following review of the draft report, the CONSULTANT will respond to review comments and submit a Final Preliminary Geotechnical Report. Five copies will be submitted for approval.\ Deliverables: Draft and Final Preliminary Geotechnical Report Task 8 Structures Task 8.1 Design Criteria A. Work with City staff and stakeholders to develop project goals and objectives and a list of evaluation criteria to be used for the screening of alternatives. Prepare a report documenting the goals, objectives, and evaluation criteria. After receiving comments, prepare the Final Design Criteria Report. WSDOT and FHWA review and approval of the screening criteria should be obtained to ensure the analysis meets federal, state, and local review requirements for screening and ranking of potential design and alignment alternatives. B. Prepare project design criteria. Submit five copies of the draft report to the City for review. After receiving comments, prepare the final report. An original and five copies of the final report will be delivered to the City. Elements will include but not be limited to: 1. Minimum level of service. 2. Design speed. 3. Maximum allowable grade. 4. Minimum sight distance. 5. Lane widths. 6. Pedestrian requirements. 7. Bicycle requirements. 8. Drainage requirements for water quality and detention. 9. Structural live loads. 10. Structural seismic criteria 11. Illumination standards. 12. Signal criteria, including CCTV and interconnect systems. 13. Landscape requirements. 14. Aesthetic requirements. Task 8.2 Concept Design A. Prepare a geometric layout plan and profile for the preferred alternative. Plan and profile to include but not limited to: 1. The horizontal alignment of all structures, streets, intersections, local access, bike paths or lanes, and sidewalks; showing limits of structures, number of lanes and direction, curve radii and a convenient method of stationing. 2. Provide sufficient horizontal controls to ascertain that the design criteria are feasible and that adequate clearances exist. • • HNTB Page47 3. The vertical alignment of the new construction showing grades vertical curve data, clearances (taking into account superelevation), stationing and other profile controls. 4. Typical sections, showing widths of structures, roadways, sidewalks, bike paths or lanes, and traffic lanes. B. Develop a construction phasing and detour concept showing the limits of the detour, number of lanes available during all phases of construction, lane operation, traffic volume assignments and anticipated temporary roadways, structures, and signalization. C. Identify probable bridge and wall types. Prepare a bridge and wall type study to select the structure type for the preferred alignment. Identify up to 3 structure types. Develop a preliminary design for the three alternatives including architectural studies for span length, pier configuration and superstructure shape. Superstructure, substructure, and foundation systems will be developed in sufficient detail to determine estimated quantities for cost estimating. Prepare plan, elevation and typical section plus rendering for the preferred alternative. Select preferred bridge type with input from the City, Design Advisor Group and others as approved by the City. D. Prepare graphics to be used in agency and public meetings. E. Identify right of way needs for each of the final alignments. The CONSULTANT will prepare a cost estimate for right of way acquisition. F. Prepare a Concept Design memorandum to document the process and results. Information will be summarized in a matrix format for easy comparison of the design concepts, advantages, disadvantages and costs. An original and five copies of the final report will be delivered to the City. G. Prepare overall project budgets to include construction costs, contingencies, right-of- way acquisition (estimate by the CITY), design costs, and inflation to the estimated start of construction. H. Basic information developed in this task and depicted on the 30% plans will include: • Roadway horizontal alignments and profiles; • Edges of pavement; • Travel lane and shoulder designations; • Sidewalks, pedestrian ways, and waiting areas; • Grading concept, including limits of cut and fill; • Approximate locations of significant stormwater detention and treatment facilities • Existing utility locations; • Retaining wall locations and approximate heights; and • Bridge structure locations with approximate span lengths and pier locations. I. Prepare an estimated time schedule for the completion of environmental, design and construction phases. • • HNTB Page48 Task 8.3 Structures TS&L Report The CONSULTANT will prepare the 30% Structural Design Report. The report will include structural design criteria, alternative structure types (up to three), and Estimates of Probable Project Cost for each alternative. The report will recommend a preferred alternative for each structure location and be submitted to the CITY for review. The CONSULTANT will respond to the comments and incorporate the requested changes into the revised report. The CONSULTANT will complete Retaining Wall Data Sheets for all walls. Proposed retaining wall types, locations, and heights shall be discussed in the Structural Design Report to determine the right-of-way impact. The CONSULTANT will prepare a summary of the Structural Design Report and Retaining Wall Data Sheets for inclusion in the Design Report. The summary will describe the coordination performed during the development of the Report and Data Sheets, and also will describe the impacts on the proposed project. Schedule: To be determined as part of Task 1.2, Develop Detailed Project Schedule and Milestones. Deliverables: 30% Structural Design Report and Retaining Walls Data Sheets A summary of the impacts for inclusion with the Design Report. Task 9 Traffic Forecasts and Analyses General Assumptions: 1. The Study Area will be refined by the Consultant during this task. At a minimum, it will consist of the Klickitat Drive, Southcenter Parkway, and Strander Boulevard intersections, and may include 61st & Tukwila Parkway and 61' & Southcenter Blvd. intersections. Specifically, the intersections to be considered within the Study area include: • Southcenter Parkway/Strander Boulevard; • Southcenter Parkway/I-5 northbound off -ramp; • Southcenter Parkway/Klickitat Drive; • Southcenter Parkway/Nordstrom Driveway; • Klickitat Drive/I-5 southbound on-ramp; • Strander Boulevard/"Target" driveway to Southcenter Mall. 2. The City of Tukwila shall provide available data required for the project to the CONSULTANT. The City and the CONSULTANT shall develop assumptions, or • • HNTB Page49 determine if additional data should be collected, in place of any unavailable data. The required data includes: • Aerial photographs • Roadway grades of all intersection approaches • Street use information: parking regulations/restrictions, designated truck routes, speed limits. • All available traffic count information in the City, including a.m. and p.m. peak hour traffic volumes, average daily traffic (ADT) volumes, and vehicle classification counts. • Preferred signal timing plans, including minimum and maximum cycle lengths, clearance intervals, and pedestrian clearance times for all proposed intersections. • Existing land use zoning map • Existing land use inventory map • 2005, year of opening, and 2030 land use data for the City travel model traffic analysis zones • A list of City transportation improvements to be assumed in the year of opening and 2030 travel model networks • Critical areas mapping • List of pipeline developments, with land uses and applicable traffic studies, if available • Tukwila Comprehensive Plan • Any other studies, documents, mapping, etc. that may be applicable to this project. 3. The years of analysis will be 2005, year of opening for the action alternative, and 2030. 4. The periods of analysis will be weekday a.m. and p.m. peak hours. 5. The analysis will include a no action alternative and one action alternative. 6. The traffic analysis tool will be Synchro for signal timing, and VISSIM for operational analysis. 7. The forecasting tool will be EMME/2. • 9 4NTB Page50 Task 9.1 Obtain City's Forecast Model and Review Forecasts The CONSULTANT will review the City's forecast model a.m. and p.m. calibration. If necessary to assess the model's level of detail and accuracy in the study area, the CITY will carry out additional traffic counts. Based on the above review, the CONSULTANT may modify the City's travel model to increase its level of detail and/or improve its accuracy in the a.m. and p.m. periods within the study area. Such modification may require additional transportation system, land use, trip generation, or trip distribution data. Task 9.2 Data Collection and Model Installation After receipt of the required data for the project, the CONSULTANT shall review and verify the data provided by the City for completeness. The CONSULTANT shall conduct field reconnaissance to confirm selected geometric and land use information. A list of missing and/or incorrect data will be submitted to the City for collection and submittal in a timely manner. At the City's request, the CONSULTANT may be asked to collect additional data at additional cost. The CONSULTANT shall install the City's forecast model on the CONSULTANT's network using the CONSULTANT's own EMME/2 license. Task 9.3 Incorporate Network and Land Use Changes in Forecast Model The CONSULTANT, subject to City approval, will assemble a list of transportation system improvements outside of Tukwilla, to be assumed for year of opening and 2030 conditions. Within Tukwila, the CONSULTANT will include assumed year of opening and 2030 transportation system improvements to be defined by the City. For 2030, the CONSULTANT will develop 2030 land use data based on existing 2020 land use and 2030 Puget Sound Regional Council (PSRC) data, with adjustments based on local knowledge, plans, or pipeline development. Year of opening land use will be interpolated, if necessary, from PSRC projections, and will also include appropriate adjustments based on local knowledge. Task 9.4 Develop Year of Opening and 2030 Peak -Hour Forecasts The CONSULTANT will create No Action and Action alternative networks for analysis using the City travel model. Using the City travel model with adjustments as described above, the CONSULTANT will prepare year of opening and 2030 a.m. and p.m. traffic forecasts for the No Action and Action alternatives. HNTB Page51 Task 9.5 Documentation of Results and Transfer of Model Assumptions: • This task assumes a total of 12 hours for meetings with the City. The CONSULTANT will prepare a technical memorandum documenting refinements, updates, and any other revisions to the City's travel model, as well as future year land use or network assumptions used in the model forecasts. The final version of the model will be transferred to the City in electronic form. Task 9.6 Analyze Traffic Data The CONSULTANT shall create a roadway network in Synchro/Simtraffic and VISSIM using the existing roadway geometry where applicable, planned roadway geometry, and peak hour traffic volume information provided through previous tasks. The CONSULTANT shall generate traffic analyses results for the future conditions based on Year of Opening and 2030 peak hour forecasts developed in Task 9.4. Therefore, the following five scenarios will be analyzed: • Saturday peak hour and weekday p.m. peak hour, 2005, Existing Street Network • Saturday peak hour and weekday p.m. peak hour, Year of Opening, No Action Street Network • Saturday peak hour and weekday p.m. peak hour, Year of Opening, Action Street Network • Saturday peak hour and weekday p.m. peak hour, 2030, No Action Street Network • Saturday peak hour and weekday p.m. peak hour, 2030, Action Street Network Five simulation runs for each scenario will be made using VISSIM for the two peak hours, and the results will be averaged for each peak hour. The CONSULTANT shall provide MOEs (queue length, LOS, intersection delay, travel speeds) for the No Action and Action Alternatives. Provide LOS calculations, proposed channelization, lane lengths, etc. to the Air/Noise Quality specialists for analysis. It is assumed the air/noise quality specialists will provide a list of information required to conduct the analysis, and that no additional analyses outside of that described in task 9.6.2 are required. Air quality mitigation determination is typically an iterative process between the traffic engineer and air quality specialist. For the purposes of this scope and associated budget, up to 2 iterations of mitigation analysis to satisfy air quality is assumed. Based on the results of previous tasks, the CONSULTANT will recommend a channelization scenario for the Action Alternative. • • HNTB Page52 Task 9.7 Traffic Analysis Report The CONSULTANT shall prepare an outline of the various sections of the report for City review. This will ensure at the onset, that major elements of report are agreed to, and potential list of MOEs are identified. The technical report outline is also intended to put expectations in order. The CONSULTANT shall develop and submit five copies of a draft technical report to Tukwila for review. The CONSULTANT shall perform QA/QC on the draft technical report prior to submitting the report to the City. This will ensure that the CONSULTANT's principal staff has reviewed the report, and that the City receives a high quality product. The CONSULTANT shall review and incorporate comments by the City and WSDOT staff on the draft technical report, and incorporate necessary changes. The CONSULTANT shall meet with City staff to discuss all comments for clarification, prior to incorporating them into the report, and submittal of the final technical report. Comments that result in additional analysis may require extra work. The CONSULTANT shall incorporate the comments on the draft technical report and submit a final technical report. The final technical report would contain output for each of the selected intersections, and VISSIM electronic files. Deliverables: Draft and Final Traffic Analysis Report Task 10 Design Report This task identifies the effort for preparation, assembly, distribution, revision and final submittal of the Design Report. This task consists largely of collecting and organizing supporting work prepared under other Tasks, but does include new work in the form of supporting drawings and reports as described in the following sub -tasks: Task 10.1 Design Analysis Assumptions: • Up to two (2), 2 -hour meetings for design team staff with other disciplines and work efforts. • One (1), 4 -hour meeting of key design team staff to review and recommend refinements. Refinements to the preferred alternative will be documented to reflect comments and changes resulting from the NEPA and SEPA environmental clearances in order to develop a final, approved, Design Report consistent with CITY guidelines. Included will be a review of Value Engineering recommendations to ensure that potential areas for cost savings have been incorporated into the project definition. Schedule: To be determined as part of Task 3.1. "Environmental Kick-off Meeting". • • HNTB Page53 Deliverables: • List of refinements to the preferred alternative. • Incorporation of VE analysis and findings. Task 10.2 Horizontal Alignment and Vertical Profile The CONSULTANT will provide report text discussing the considerations and constraints related to the PROJECT alignment and profile, and how these items affected or dictated the alignment and profile shown in the 30% drawings. Electronic drawings will be provided in conjunction with the Design Report in AutoCAD format. Schedule: To be determined as part of Task 3.1. "Environmental Kick-off meeting". Deliverables: Supporting text for the Design Report Electronic Alignment files Task 10.3 Estimate of Probable Construction Cost Assumptions: • The CONSULTANT will use the most current version of the CITY bid tabulation data for projects of similar magnitude. In areas where information is lacking, the CONSULTANT shall use the most current version of the WSDOT bid tabulation data. The CONSULTANT will review and update the Estimate of Probable Construction Cost prepared under Task 5.7, for inclusion in the Design Report. The information will be tabulated and presented in a format determined by collaborating with the CITY. Schedule: To be determined as part of Task 1.2, Develop Detailed Project Schedule and Milestones. Deliverables: Estimate of Probable Construction Cost Task 10.4 Added Access Report Summary Assumptions: • An Access Point Decision Report (APDR) is not required for the PROJECT. Though a portion of this project lies within WSDOT limited access, no physical adjustments are anticipated in development of the PROJECT. Therefore, coordination with WSDOT is anticipated under Task 4.3, but no effort is anticipated for an APDR. The CONSULTANT will describe the project components in the vicinity of the existing WSDOT ramp terminals (e.g. signal installation at Klickitat and southbound I-5 on-ramp), and summarize how the PROJECT improvements do not physically affect the existing ramps. • • HNTB Page54 Schedule: To be determined as part of Task 1.2, Develop Detailed Project Schedule and Milestones. Deliverables: Added Access summary for inclusion in the Design Report. Task 10.5 30% Constructability Review Assumptions: • Up to two (2), 2 -hour meetings for design team staff with other disciplines and work efforts, and four (4) hours for the 30% constructability review meeting. • The CONSULTANT will distribute materials to all affected agencies for two (2) reviews. • Consultant will provide one construction contractor; CITY will provide any additional staff. • The CONSULTANT will compile all affected agency comments. The CONSULTANT will participate in one constructability review performed by the CITY. The CONSULTANT will be responsible for planning, organizing, and implementing the constructability review. The Consultant will provide the services of a local roadway construction contractor to perform a coordinated review with staff assigned by the CITY. The constructability review will be conducted concurrently with the review of the Design Report. Schedule: To be determined as part of Task 1.2, Develop Detailed Project Schedule and Milestones. Product: Thirty Percent Constructability Review, documentation for inclusion with the Design Report, and action strategy for further constructability issues. Task 10.6 Project Design Report Assumptions: • Up to two (2), 2 -hour meetings for design team staff with other disciplines and work efforts. • The CONSULTANT will distribute materials to all affected agencies for one (1) review. • The CONSULTANT will compile all affected agency comments; comments will be addressed in the Final Design Report. Using products developed in other tasks within this work program, the CONSULTANT will prepare a complete draft Design Report for the direct access project in English units. Formal documentation of design considerations supporting the direct access preferred alternative will be prepared by the CONSULTANT. This will include records of the various disciplines' evaluations that result in design recommendations. After review and approval by CITY, these • • HNTB Page55 recommendations will provide the approved design. The Design Report will contain the documentation of planning, project definition, concept development, programming, project approvals, feasibility of construction, utility relocation, right-of-way acquisition for the project, and right-of-way and construction cost estimates. This will be accompanied by 11"xl7" reproductions of plan drawings and graphics produced as part of the preliminary design and alternatives analysis. The Design Report will identify the design elements of the project, and will document the design decisions and justifications for deviations from approved design standards. The City will be responsible for circulating the draft Design Report to appropriate agencies for comment. The CITY will provide a standard form and format for providing comments to the CONSULTANT, and will resolve and consolidate all conflicting comments before providing them to the CONSULTANT. Schedule: To be determined as part of Task 1.2, Develop Detailed Project Schedule and Milestones. Deliverables: Draft and Final Project Design Report Deliverables: Design Report containing the following elements: Project Definition Report Design Analysis Project Item Log Design Parameters Forms Environmental Review Summary Design Variance Inventory Form Design Plan Drawings Horizontal Alignments and Vertical Profiles Channelization Plans Preliminary Signal Plans Preliminary Traffic Control Plans Preliminary Right of Way Needs Assesment Existing Utility Plan Context Sensitive Solutions Report Hydraulics Report Preliminary Geotechnical Report Hazardous Waste Investigation Report 30% Structural Design Report Retaining Walls Data Sheets Traffic Analysis Report Construction Cost Estimate Added Access Report Summary 30% Constructability Review • • HNTB Page56 Task 10.7 Final Design Report Assumptions: • Up to one (1), 2 -hour meeting for design team staff with other disciplines and work efforts. The CONSULTANT will respond to and incorporate all comments on the draft Design Report. Any incomplete work shall be completed prior to final submittal. It is anticipated that the final Design Report will be reviewed once by the CITY before being approved. Schedule: To be determined as part of Task 1.2, Develop Detailed Project Schedule and Milestones. Deliverables: Responses to comments on draft Design Report Revised Design Report Final Design Report for the PROJECT. Task 11 Funding Support Develop a funding strategy plan with identified potential sources. Funding plan will include meeting with funding agencies to work in partnership to identify the best approach to acquiring dollars for the various project phases. Assumptions: • City will provide copies of all past funding applications, scoring results and debriefs to assist in the evaluation of funding opportunities • The process described below will assist the City in securing funds but does not guarantee project funding. Task 11.1 Existing Process Evaluation Evaluate work completed to date including the evaluation of existing and past funding efforts. Evaluation will include the assessment of the past application to identify alternate strategies for completing applications to maximize available scoring points. Additionally, identify areas of improvement with proposed project design that can be integrated to maximize application score and increase funding opportunity. Task 11.2 Funding Source Identification Evaluate project scope to identify potential additional funding sources for project • • HNTB Page57 Task 11.3 Funding Source Matrix Utilizing information identified in Task 13.2 tabulate all potential funding sources and summarize in a matrix format. Include administering agency, program purpose and description, agency eligibility, financial information, application period and requirements, conditions of eligibility, matching requirements, terms of grant or loan and guideline and publication references. Task 11.4 Funding Source Evaluation Review and evaluate identified funding sources and determine appropriate/potential funding sources to pursue. Task 11.5 Funding Source Review Meet with funding agency staff to insure that all program data and assumptions are correct, that the project or portion of project under consideration is fundable, (recognizing the competitive nature of grant and loan programs) and the best approach to maximize the receipt of project dollars for the phases identified below. Task 11.6 Funding Strategy Plan Develop a funding strategy plan with identified potential sources. Plan will summarize the recommended funding sources for all phases of the project including the following (as appropriate by element of work): • Preliminary Design • Design • Construction The strategy plan will include a summary table that lists all potential funding sources by element and phase of work and a proposed process for securing those funds. Deliverables: Funding Source Matrix Funding Strategy Plan Task 12 Prepare Work Plan, Estimate, and Schedule for Phase 2 - Final Design Objective: To identify the work and schedule necessary to design and construct the project improvements advanced through environmental review and completion of the Design Documentation File. Approach: If directed by CITY's Project Manager, the CONSULTANT will develop a detailed work program scope, budget estimate, and schedule for final design, preparation of contract documents, and assistance during bidding, construction administration, and claims management • • HNTB Page58 for project improvements advanced through environmental review and completion of the Design Documentation File. Schedule: At completion of Task 10, or before, the CITY will determine whether to authorize this task. Execution of Phase 2 is dependant on funding. Deliverables: Detailed work program scope and schedule for final design and construction of project improvements. Estimated cost for performing final design, specifications, bidding, and administering construction and claims management. Based on the CITY approved Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Area Design Report prepared in Task 10, the CONSULTANT will develop and negotiate with the CITY to establish the scope of services and associated budget for Phase 2 — Final Design. Deliverables: Phase 2 — Final Design Scope of Work and associated budget PHASE 2 - FINAL DESIGN The following tasks are not currently budgeted or included in this contract. The outline of services for Phase 2 — Final Design represents the CONSULTANT's present understanding of the work to be completed during this phase of the project, whether performed by the CONSULTANT or CITY staff. Following the preparation of the Design Report (Task 8), the level of effort for Phase 2 will be established and negotiated as part of completing Task 11, and the contract amended accordingly. The following task list is provided in this scope for clarification that Phase 1 does not represent the total services to be provided under this contract. Task 1 Project Delivery Services Task 1.1 Project Workplan Development for Phase 2 Task 1.2 Issues Resolution Task 1.3 Measure Project Requirements Task 1.4 Measure Budget Conformance Task 1.5 Measure Schedule Conformance Task 1.6 Communication Progress Task 1.7 Lead the Project CONSULTANT Teams Task 1.8 Manage Quality Task 1.9 Manage Change • • HNTB Page59 Task 1.10 Meetings Task 1.11 Records Management Task 1.12 Produce Phase 2 Work Deliverables Task 2 Public Involvement Task 2.1 Public Outreach Plan Task 2.2 Public Information/Education Task 3 Surveying Task 3.1 Research Task 3.2 Horizontal Control Task 3.3 Topographic Survey Task 3.4 Tukwila River Floodplain Cross -Section Survey Task 3.5 Mapping Task 4 Geotechnical Task 4.1 Final Geotechnical Engineering Study Task 4.2 Earthwork Specifications Task 4.3 Geotechnical Support Task 5 Environmental Task 5.1 Environmental Documentation Task 5.2 Environmental Commitments List (Summarizes Mitigation) Task 5.3 Permit Preparation, Submittal, and Coordination o Section 404 Permit - U.S. Army Corps of Engineers o Hydraulic Project Approval (HPA) - Washington Department of Fish and Wildlife o Section 401 Water Quality Certification — Washington DOE. o City of Tukwila Shoreline Management Substantial Development Permit —City of Tukwila o City of Tukwila Flood Hazard Permit — City of Tukwila • i INTB Page60 o Grading Permit — City of Tukwila Task 6 Mitigation Plans and Designs Task 7 Site/Roadway Task 7.1 Alignments Task 7.2 Typical Roadway Sections Task 7.3 Roadway Plans & Profiles Task 7.4 Grading Plans Task 7.5 Erosion Control Plans Task 7.6 Traffic Control Plans Task 7.7 Roadway Review Task 8 Site Drainage and Utilities Task 8.1 Stormwater Conveyance System Task 8.2 Stormwater Site Plan (SSP) Task 8.3 Utility Coordination Task 8.4 Utility Relocation/Installation Plans & Profiles Task 9 Structures (Bridges/Walls) Task 9.1 Design Criteria Task 9.2 Design Loadings Task 9.3 Structure Calculations Task 9.4 Structures Plans Task 9.5 Demolition Plans Task 9.6 Constructibility Task 9.7 Load Rating Task 9.8 Structural Review Task 10 Special Provisions Task 11 Quality Assurance • • HNTB Page61 Task 12 Quantities & Cost Estimate Task 13 Assemble & Submit Documents Task 14 Respond to Review Comments Task 15 Assistance during Pre -Bid & Bid Periods Task 16 Prepare Phase 3 Construction Assistance Scope Validation PHASE 3 - CONSTRUCTION ASSISTANCE The following tasks are not currently budgeted in this contract. The outline of services for Phase 3 - Construction Assistance represents the CONSULTANT's present understanding of the potential services to be provided. Following the preparation of the contract documents (Phase 2), the level of effort for Phase 3 will be established and negotiated as part of completing Task 16, and the contract amended accordingly. The task listing is provided in this scope for clarification that Phase 1 does not represent the total services to be provided under this contract. Task 1 Project Administration Task 1.1 Supervise CONSULTANT's staff Task 1.2 Requests for Information (RFI's); Plan interpretation Task 1.3 Change Order Assistance Task 2 Preconstruction Conference Task 3 Construction Review Services Task 31 Review Shop Drawings. Task 3.2 Review Contractor Submitted Data. Task 4 Construction Observation Fee Summary Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Phase 1 — Preliminary Engineering and Environmental Documentation Exhibit C-1 Payment (Lump Sum) Task Total Task 1 Project Management $125,899 Documentation in support of Tasks 1.1 through 1.13 Task 2 Alternatives Screening $90,334 Screening Report Task 3 Environmental $198,642 Contact list Project Overview Packet Draft and Final Displacement and Relocation Tech Memo Draft and Final Aesthetics Tech Memo Draft and Final Air Quality Tech Memo CAL3QHC Files (electronic) Draft and Final Geology and Groundwater Tech Memo Draft and Final Water Quality Tech Memo Draft and Final Fisheries and Aquatic resources Tech Memo Draft and Final Biological Evaluation Essential Fish Habitat Evaluation Draft and Final Environmental Document Supporting the DCE Task 4 Public Involvement / Stakeholder Coordination $63,021 Project Mailing list Documentation of Stakeholder coordination meetings 6 Portable diplays for Public Open House Handout for Public Open House Task 5 Preliminary Engineering Studies $198,813 Existing Utility Plan Preliminary Construction Drawings (30%), 30 sheets Visual Inventory Report Documentation of existing visual inventory Conceptual Plan for Urban Design and Aesthetics Elements Preliminary Cost Estimate Draft and Final VE Study Report Task 6 Drainage $56,099 Draft and Final Hydraulics Reporst Hydraulic Summary for inclusion in the Design Report (Task 10) Task 7 Geotechnical $118,580 Draft and Final Preliminary Geotechnical Report Fee Summary Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Phase 1 — Preliminary Engineering and Environmental Documentation Exhibit C-1 Payment (Lump Sum) Task Total Task 8 Structures $108,963 Draft and Final 30% Structural Design Report and retaining walls data sheets Task 9 Traffic Forecasts and Analyses $102,155 Draft and Final Traffic Analysis Report Task 10 Project Design Report $51,192 List of Refinements to preferred alternative Updated Estimate of Probable Construction Cost Added Access Summary for inclusion in Design Report Draft and Final Project Design Report Task 11 Funding Support $29,605 Funding Source Matrix Fund Strategy Plan Task 12 Prepare Work Plan, Estimate, and Sched. For Phase 2 $15,019 Workplan, Estimate and Schedule for Final Design and Construction $1,158,322 Allowance (Right of Way Research) $10,000 Total Lump Sum Amount $1,168,322 • • Exhibit D-1 HNTB Consultant Fee Determination Summary Sheet (Lump Sum) Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Phase 1 — Preliminary Engineering and Environmental Documentation DIRECT SALARY COSTS Staff Classification Hours Rate Total Cost 68 $220 87 $15,019 828 $141 41 $117,087 206 $159.23 $32,801 110 $109 56 $12,052 592 $142.57 $84,401 282 $118.62 $33,451 735 $91 15 $66,995 392 $69.24 $27,142 412 $100.50 $41,406 372 $67 49 $25,106 72 $78.59 $5,658 188 $57.56 $10,821 4257 Principal Project Manager Sr. Engineering Manager Sr. Architectural Manager Senior Project Engineer Project Engineer Design Engineer Jr. Engineer/Jr. Landscape Architect Sr. Technician Technician Project Administrator Admin. Asst./Clerical Total Hours TOTAL SALARY COSTS $471,941 REIMBURSEABLE COSTS Travel: Local travel Other travel Reproduction: Other $709 $6,548 $908 TOTAL REIMBURSEABLE COSTS $8,165 SUBCONSULTANT COSTS HDR $444,376 GeoEngineers $121,428 PACE $86,327 Sub Mark-up (4%) $26,085 ALLOWANCE (Right of way research) $10,000 TOTAL HNTB FEE $506,191 TOTAL FEE $1,168,322 • Exhibit D-2 HDR Consultant Fee Determination Summary Sheet (Lump Sum) Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Phase 1 — Preliminary Engineering and Environmental Documentation DIRECT SALARY COSTS Staff Classification Hours Rate Total Cost 68 $218.81 $14,879 489 $177.20 $86,651 116 $151.20 $17,539 18 $143.25 $2,579 268 $107.25 $28,743 65 $93.25 $6,061 112 $109.70 $12,286 390 $85.30 $33,267 347 $179.65 $62,339 800 $133.35 $106,680 234 $69.50 $16,263 20 $115.35 $2,307 262 $89.05 $23,331 24 $77.90 $1,870 44 $81.75 $3,597 228 $69.04 $15,741 3485 Sr Funding Specialist Sr Transpo. Engineer Transportation Engineer Drainage Engineer Project Engineer Design Engineer Traffic Engineer CAD Tech Sr Enviro Engineer Sr Env./Traffic Modeler Env Scientist GIS Specialist Tech. Editor/Admin Graphics Project Controls Word Processing Total Hours TOTAL SALARY COSTS $434,133 REIMBURSEABLE COSTS Travel: Local travel Other travel Reproduction: Other $657 $9,382 $205 TOTAL REIMBURSEABLE COSTS $10,244 TOTAL FEE $444,376 • Exhibit D-2 PACE Subconsultant Fee Determination Summary Sheet (Lump Sum) Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Phase 1 — Preliminary Engineering and Environmental Documentation DIRECT SALARY COSTS Staff Classification Hours Rate 16 $145.00 $2,320 74 $125.00 $9,250 253 $115.00 $29,095 137 $95.00 $13,015 218 $82.00 $17,876 92 $67 00 $6,164 790 Total Cost Sr Principal Sr Project Manager Project Manager Project Engineer Engineer II Jr. Engineer Total Hours TOTAL SALARY COSTS $77,7201 REIMBURSEABLE COSTS Travel: Reproduction: Photogrammetric Mapping - Walker & Assoc. Utility Locating Service - APS Misc. Other Local travel Other travel 40 L.S. $0 $750 $4,607 $75 $3,000 $250 $0 TOTAL REIMBURSEABLE COSTS $8,607 TOTAL FEE $86,3271 • • Exhibit D-2 GeoEngineers Subconsultant Fee Determination Summary Sheet (Lump Sum) Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Phase 1 — Preliminary Engineering and Environmental Documentation DIRECT SALARY COSTS Staff Classification Hours Rate Total Cost 106 $157 00 $16,642 218 $116.00 $25,288 106 $103.00 $10,918 230 $91 00 $20,930 46 $85.00 $3,910 70 $58.00 $4,060 776 $81,748 Principal Project Engineer/Scientist Engineer/Scientist 3 Engineer/Scientist 2 Senior Technician Admin/Project Assistant Total Hours Total Labor Fee TOTAL SALARY COSTS $81,748 REIMBURSEABLE COSTS Internal Expenses Outside Reimburseables Copies ($0.12/page) Mileage ($0.405/mile) Postage Field Equipment Laboratory Testing $150 $180 $50 $850 $2,700 Drilling Subcontractor $22,000 Traffic Control Subcontractor $12,500 Pavement Coring Subcontractor $1,250 TOTAL REIMBURSEABLE COSTS $39,680 TOTAL FEE $121,428 171 Washington State Department of Transporta io Agency City of Tukwila Address 6200 Southcenter Boulevard Tukwila, WA 98188 —K? -7/ Local Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Tukwila Urban Access Improvement Project Length 0.23 Termini Description of Work Design of a grade separated facility, primarily at the Klickitat/Southcenter Parkway intersection. Southbound traffic on Southcenter Parkway will travel under a partial lid supporting Klickitat Drive. Provisions would be made to accomodate turning movements both to and from Klickitat Drive and allow for driver selection of most appropriate route as motorists approach the Southcenter Parkway/Strander Boulevard intersection. Southcenter Parkway will be widened to the east, toward Southcenter Mall. No changes to the I-5 off -ramps are anticipated. A new signal at the Klickitat Drive/SB I-5 On-ramp on the west side of I-5 will also be included. Agency Official Title Mayor DOT Form 140-039 EF Revised 01/2004 1 Washington State Department of Transportation Assistant Secretary for Highways and Local Programs Date Executed Estimate of Funding Type of Work yp (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE a. Agency 100 % b. Other Consultant 674,380.00 674,380.00 Other c. Federal Aid d. State 10,000.00 10,000.00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 684,380.00 684,380.00 Right of Way f. Agency % q. Other h. Other Federal Aid i, State Participation Ratio for RW j. Total R/W Cost Estimate (f+g+h+i) Construction k. Contract I. Other Other m. n. Other % o. Agency Federal Aid State Participation p. Ratio for CN q. Total CN Cost Estimate (k+I+m+n+o+p) r. Total Project Cost Estimate (e+j+q) 684,380.00 684,380.00 Agency Official Title Mayor DOT Form 140-039 EF Revised 01/2004 1 Washington State Department of Transportation Assistant Secretary for Highways and Local Programs Date Executed • . Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award) ❑ Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $ at $ per month for months. Local Force or Local Ad and Award ® Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on Provisions 1. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perforin the work subject to the ordinary procedures of the State and Federal Highway Administration. 1I. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Govemment by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: DOT Form 140-039 EF 2 Revised 01/2004 , Resolution/Ordinance No. 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Govemment. Federal funding shall be in accordance with the Transportation Equity Act for the 21st Century (TEA 21), as amended, and Office of Management and Budget circulars A-102, A-87 and A-133. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall mimimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved by WSDOT. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section DQ. VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Assistant Secretary for Highways and Local Programs. DOT Form 140-039 EF Revised 01/2004 3 X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -Aid Contracts (FHWA 1273), Located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. ' (2) The contractor is prevented from proceeding with the work 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. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. DOT Form 140-039 EF Revised 01/2004 XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concemed, shall be brought only in the Superior Court for Thurston County XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, 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 an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (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 the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. 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 as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions 4