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AGENDA
Transportation Committee Regular Meeting
5:30 PM - Monday, June 15, 2020
Videoconference
1. Williams and Wells Conversion Construction Contract
a) AB - 2655 Transportation Systems Division requests authorization to execute a
professional services agreement with Perteet, Inc., in the amount of $1,539,857.34 for
project management services for the Williams Ave S and Wells Ave S Conversion project.
2. Renton Priorities for Sound Transit
a)
3. Emerging Issues in Transportation
a) TIP Schedule
AB - 2655
City Council Regular Meeting - 08 Jun 2020
SUBJECT/TITLE: Professional Services Agreement with Perteet, Inc. for Construction
Management Services for the Williams Avenue South and Wells
Avenue South Conversion Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Bob Hanson, Transportation Design Manager
EXT.: 7223
FISCAL IMPACT SUMMARY:
This professional services agreement for construction management services with Perteet, Inc. totals
$1,539,857.34. The Williams Avenue South and Wells Avenue South Conversion Project 2020 budget is
$10,385,423, of which $1,574,000 has been budgeted for construction management services.
SUMMARY OF ACTION:
The Williams Avenue South and Wells Avenue South Conversion Project converts these streets from one-way
to two-way operation from South Grady Way to North 1st Street. The project also includes reconstructing
four downtown intersections to raised concrete intersections with new traffic signals.
This professional services agreement retains the services of Perteet, Inc. for construction management
services during construction of the project. The consultant will manage project documentation and record
keeping, conduct weekly construction meetings, review materials and submittals, respond to requests for
information and design change, review change orders, maintain progress payments, maintain construction
files and generally ensure that the project is constructed per the contract.
The consultant will also provide daily construction reports and field measurements, traffic control inspection
and daily photography. The consultant will be responsible for project start-up activities, project execution and
project closeout requirements.
The services to be provided by the consultant are based on construction activity lasting approximately one
year. Consistent with past projects on which Perteet, Inc. conducted construction management services, the
consultant will be providing a project engineer, resident engineer and document control specialist.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a professional services agreement with Perteet, Inc. to provide
construction management services totaling $1,539,857.34 for the Williams Avenue South and Wells Avenue
South Conversion Project.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 1 of 14
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Maximum Amount Payable:
Index of Exhibits
Exhibit A Exhibit B Exhibit C Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents
Liability Insurance Increase - NOT USED
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
$1,539,857.34
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 2 of 14
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the _________________________________________________________________,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting services to the
AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 3 of 14
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms maximum practicable opportunities.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time.
Keith WoolleyCity of Renton1055 South Grady Way
Renton WA 98057
KWoolley@rentonwa.gov(425) 430-7318
(425) 430-7376
Rahmi Kutsal
Perteet, Inc.505 - 5th Ave. S., Suite 300
Seattle WA 98104
rahmi.kutsal@perteet.com
(425) 308-3403
(425) 339-6018
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 4 of 14
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon thenegotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of thisAGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject torenegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 daysfollowing FYE date) upon written request of the CONSULTANT or the AGENCY. The written request mustbe made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no suchwritten request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and“E” will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications toaid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine theCONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates andclassifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of theAGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred duringthe provisional or conditional period will not be adjusted. The CONSULTANT may request an extension ofthe last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirectcost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized ina final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components ofthe hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus
fee.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 5 of 14
A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to theCONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, longdistance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will bereimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANTshall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) inaccordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, andall revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
“Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorizedin A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit “D,” including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that suchfinal audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by theAGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution
Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s
Project Manager.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 6 of 14
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E”
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT.
Agreement Number:
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 7 of 14
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
•Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
•Federal-aid Highway Act of 1973 (23U.S.C. Chapter 3 § 324)
•Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §794)
•Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
•Civil Rights Restoration Act of 1987 (Public Law
100-259)
•American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
•23 CFR Part 200
•49 CFR Part 21
•49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure
to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 8 of 14
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located.
XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 9 of 14
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’,
officers and employees’ failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 10 of 14
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent withminimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars($2,000,000.00) in the aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coveragefor any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combinedsingle limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the
additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
Keith Woolley
City of Renton
1055 South Grady Way
Renton WA 98057
KWoolley@rentonwa.gov
(425) 430-7318
(425) 430-7376
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 11 of 14
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of thisAGREEMENT in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”under this clause within thirty (30) days from the date of receipt of the written order. However, if theAGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submittedbefore final payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY,
Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT.
XVII.Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,
amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
parties as a supplement to this AGREEMENT.
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 12 of 14
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information”
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State’s Confidential Information was received; who received, maintained, and used the State’s
Confidential Information; and the final disposition of the State’s Confidential Information. The
CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
“Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 13 of 14
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) isgenerally utilized by unaffiliated third parties engaged in the same business or businesses as theCONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-
consultants’ information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 14 of 14
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit A Scope of Work
Project No.
See attached Exhibit "A", Scope of Work
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Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit B
DBE Participation Plan
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE
maximum practicable opportunities.
Enviroissues, Inc. will provide services on this agreement. Enviroissues is a certified DBE/WBE.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit D Prime Consultant Cost Computations
See attached Exhibit "D"
AGENDA ITEM #1. a)
City of RentonWilliams & Wells Construction ManagementFee Worksheet250 Working Days + 4 Weeks CloseoutConstruction ManagerResident EngineerAssistant RE/Senior Construction ObserverConstruction Engineer IConstruction Technician IIIConstruction Technician IAccountantLaborLaborKutsalHoweLamonParrillaEdwardsFlodenSwansonHoursDollarsTask \ Hourly Rate$296.88$143.65$166.00$97.37$117.32$108.54$130.88TotalTotalTask 1: Project Administration296744400032446$109,998.74General Project Management260 6032----352$91,119.80Billing and Progress Report361412--- 3294$18,878.94Task 2: Construction Administration712107255815694494404386$686,400.92Project File/Records Keeping480 720 326 40480 480 -2526$412,354.00Submittals/Change Orders/Force Accounts80120 80 40160160 -640$94,300.80Progress Payments80 160 80 40160160 -680$100,046.80Weekly Meetings/Interviews/Payrolls/Records Keeping 727272 36144144 -540$79,699.32Task 3: Construction Observation05501550468323202632$389,104.18On-Site Construction Observation/IDR/FNR/FA-330 1500 4523232 -2346$347,643.26Record Drawings Field Notes & Mark-Up-220 5016---286$41,460.92Task 6: Project Close-Out3264881664640328$49,314.72As-Built & Record Drawings1624 488---96$16,944.64Project Closeout Documentation1640 4086464232$32,370.08Total Hours1,0401,7602,2406401,0401,040327,792Total Dollars$308,755.20$252,824.00$371,840.00$62,316.80$122,012.80$112,881.60$4,188.16$1,234,818.56 $1,234,818.56 $169,214.00 Enviroissues$169,214.00 $20,352.80 Totals:$169,214.00 $15,472.48 $100,000.00 Mileage ($0.575)$6,752.80 $1,539,857.84 Pavia Headlight System (3 units @ $300/Month) $12,600.00 Courier, Reproduction, and Miscellaneous Expenses $1,000.00 Totals:$20,352.80 SubconsultantsExpenses:CONTRACT TOTALSUMMARYManagement ReserveLaborSubconsultantsExpensesPot. Salary Esc. (4%)Exhibit "D"AGENDA ITEM #1. a)
Renton Williams & Wells CM Fee
Negotiated Hourly Rate Calculations
PERTEET
Construction
Manager
Resident
Engineer
Assistant Resident
Engineer - Senior
Construction
Observer
Construction
Engineer I
Construction
Technician III
Construction
Technician III
Accountant
DSC - Actual Pay rate $93.00 $45.00 $52.00 $30.50 $36.75 $34.00 $41.00
ICR - 189.23% $175.98 $85.15 $98.40 $57.72 $69.54 $64.34 $77.58
Fee - 30% $27.90 $13.50 $15.60 $9.15 $11.03 $10.20 $12.30
Negotiated Hourly Rate $296.88 $143.65 $166.00 $97.37 $117.32 $108.54 $130.88
AGENDA ITEM #1. a)
Acceptance ICR Audit Office Review
June 18, 2019
Perteet, Inc.2707 Colby Avenue, Suite 900Everett, WA 98201
Subject: Acceptance FYE 2018 ICR – Risk Assessment Review
Dear Denice Moan:
Based on Washington State Department of Transportation’s (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2018 ICR of 189.23% of direct labor (rate includes 0.32% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
AGENDA ITEM #1. a)
AGENDA ITEM #1. a)
Description
Financial
Statement
Amount Perteet Adj.WSDOT Adj.Ref.
Accepted
Amount %
Direct Labor $4,051,189 $0 $0 $4,051,189 100.00%
Fringe Benefits:
Vacation, Sick, & Holiday $848,486 $848,486 20.94%
Payroll Taxes 591,060 591,060 14.59%
Health Insurance 574,688 574,688 14.19%
Profit Sharing (401k) 288,429 288,429 7.12%
Profit Sharing (ESOP) 307,500 307,500 7.59%
Fringe Benefit Adjustment ‐ (8,991) O (8,991)‐0.22%
Total Fringe Benefits $2,610,163 ($8,991) $0 $2,601,172 64.21%
General Overhead:
Employee Incentives/Bonuses $655,222 ($51,885) D $603,337 14.89%
Indirect Labor 1,445,842 (48,319)R 1,397,523 34.50%
All Hours Offset (139,548) (139,548)‐3.44%
Bid & Proposal Labor 826,601 (17,321)A 809,280 19.98%
Auto Expense 128,717 (63,079)B 65,638 1.62%
Bank & Service Fee 4,453 (3,688)C 765 0.02%
Communications 134,409 134,409 3.32%
Computer Expenses 352,751 352,751 8.71%
Conferences & Meetings 27,241 (2,205)R 25,036 0.62%
Copier Expense 77,982 77,982 1.92%
Depreciation ‐ Book Basis 163,565 163,565 4.04%
Dues & Memberships 30,858 (8,732) E 22,127 0.55%
Entertainment 19,241 (19,241) F ‐ 0.00%
Insurance 132,032 132,032 3.26%
Licenses & Fees 4,872 4,872 0.12%
Meals 32,764 (30,969) G 1,795 0.04%
Miscellaneous 990 (990) A,X ‐ 0.00%
Outside Services 49,862 49,862 1.23%
Payroll & Benefit Processing 17,775 17,775 0.44%
Postage & Delivery Services 5,766 5,766 0.14%
Professional Services 191,454 (643) T/V 190,811 4.71%
Recruiting 57,586 (37,500) W 20,086 0.50%
Rent 823,691 (84,911) P 738,780 18.24%
Repairs & Maintenance 3,635 3,635 0.09%
Reproduction 1,951 1,951 0.05%
Seminars & Training 37,581 (99) A 37,482 0.93%
Staff Functions 34,469 (34,469) I ‐ 0.00%
Subscriptions & Publications 6,428 6,428 0.16%
Supplies 68,997 (2,046) Q 66,951 1.65%
Travel & Lodging 55,190 (11,456) J 43,734 1.08%
Advertising 878 (878) A ‐ 0.00%
Bad Debt Expense (1) 1 ‐ 0.00%
Contributions 16,672 (16,672) K ‐ 0.00%
Gifts 5,671 (5,671) L ‐ 0.00%
Interest 21,016 (21,016) M ‐ 0.00%
Sponsorships 8,345 (8,345) N ‐ 0.00%
Taxes ‐ Business & Property 275,819 275,819 6.81%
Gain (Loss) on Disposal of Assets 6,462 6,462 0.16%
Less: Offsets for Direct Costs (64,983) (64,983)‐1.60%
Total General Overhead $5,522,254 ($470,134) $0 $5,052,121 124.71%
Total Overhead Costs $8,132,417 ($479,124) $0 $7,653,293 188.91% 0.00%
Overhead Rate 200.74% 188.91% 188.91%
Facilities Cost of Capital $12,962 U $12,962 0.32%
$7,666,255 $7,666,255
Overhead Rate (Including FCCM)189.23%189.23%
Perteet, Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2018
AGENDA ITEM #1. a)
Description
Financial
Statement
Amount Perteet Adj.WSDOT Adj.Ref.
Accepted
Amount %
Perteet, Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2018
References
Perteet Adjustments:
A Advertising and Legal Expenses not allowed. 48CFR 31.205, 48CFR31.205‐47
B Personal commute unallowable per 48 CFR 31.205‐6(m)(2): $17,350
Auto allowance not allowable, Auto Allowances, $26,400 less $11,824 Company use portion
Parking of personal vehicles unallowable per 48 CFR 31.205‐6, $31,153
C Bank Interest and Fees for credit unallowable per 48 CFR 31.205‐20 and 31.205‐15.
D Anniversary Bonuses not performance based ($26,297); and signing bonus of employee who did
fulfill employment agreement ($10,000); deemed unallowable per 48 CFR 31.205‐6(f);
Executive compensation in excess of reasonable amount based on National Compensation Matrix
Analysis, per 48 CFR 31.205‐6(a)(6)(ii)(B) in the amount of $15,588
E Lobbying costs unallowable per 48 CFR 31.205‐22.
F Entertainment costs unallowable per 48 CFR 31.205‐14.
G Local meals unallowable per 48 CFR 31.205‐46(a)(2)(i)
I Staff function expenses unallowed per 48 CFR 31.205‐14
J Travel Expense not allowed under FAR 31‐205.46
K Contributions and event sponsorships unallowable per 48 CFR 31.205‐8.
L Gifts unallowable per 48 CFR 31.205‐13(b).
M Interest unallowable per 48 CFR 31.205‐20.
N Sponsorships for events whose purpose is not technical or stimulation of production is unallowed under 31.205‐1(f)(3)
O Fringe benefits associated with labor deemed unallowable per 48 CFR 31.201‐6(a).
P Sublease amount received for Seattle & Everett Office Spaces 48 CFR 31.201‐5
Q Disposable Supplies field supplies and party supplies unallowable 48 CFR 31.205‐13
R Scholarship & Award Gala costs and labor unallowable per 48 CFR 31.201‐2 and 31.205‐14
Social activities costs and labor not allowed per 31.205‐14
T Public Relations and Advertising costs unallowable per FAR 31.205‐1
U FCCM Calculation per 48 CFR 31.205‐10
V Legal Expenses not allowable per 48 CFR 31.204‐47(b)(4)
W Placement agency fee per 48 CRF 31.205‐34
X Unallowable Direct Project Cost per 48 CFR 31.202
Perteet, Inc. ‐ In Process
"Overhead Rate still subject to WSDOT Audit"
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit E Sub-consultant Cost Computations
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT
without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT.
See attached Exhibit "E" for services provided by Enviroissues, Inc.
AGENDA ITEM #1. a)
StaffLoaded Billing Rate$78.00 $96.00 $105.00 $134.00 $151.00 $122.00 $203.00 $174.00 $122.00TOTAL HOURS373 438 428 20864832010 1,543 FTE0.99SUBTOTAL$29,084 $42,012 $44,940 $27,872 $906 $5,856 $6,496$0 $1,220 $158,386REIMBURSABLES$10,827TOTAL$169,214Task 1Total Hours 08195360090 0221 Total Labor$0 $7,762 $9,931 $4,809$0$0 $1,829$0$0$24,330Task 2Total Hours 88 116 106446484010422 Total Labor$6,899 $11,115 $11,054 $5,910 $906 $5,854 $813$0 $1,220$43,772Task 3Total Hours 162 147 16793001700586 Total Labor$12,730 $14,074 $17,418 $12,439$0$0 $3,455$0$0$60,116Task 4Total Hours 1239461350020 0314 Total Labor$9,604 $8,983 $6,337 $4,625$0$0 $407$0$0$29,956Project management; Team/contractor coordinationOutreach planning & materialsMeetings, Briefings and EventsCommunications/hotline and Outreach Tracking & DocumentationCity of Renton ‐ Williams & Wells Two‐Way Conversation5/26/20Colin Groark (Digital)Ryan Orth (SA)Elizabeth Faulkner (Principal)Nyles Green (PC)Cristina Arias (A1)Marielle Larson (A2)Alayna Linde (A3)Justin Haight (Digital)Graphic DesignerExhibit "E"AGENDA ITEM #1. a)
Renton Williams & Wells CM Fee
Negotiated Hourly Rate Calculations
(Sub consultant)
ENVIROISSUES
Project
Coordinator
Associate 1
Associate 2
Associate 3
Information
System
Associate
Graphic
Designer
Principal
Senior
Associate
Digital
Studio
DSC - Actual Pay rate $27.00 $33.00 $36.00 $46.00 $52.00 $42.00 $70.00 $60.00 $42.00
ICR - 160.37% $43.30 $52.92 $57.73 $73.77 $83.39 $67.36 $112.26 $96.22 $67.36
Fee - 30% $8.10 $9.90 $10.80 $13.80 $15.60 $12.60 $21.00 $18.00 $12.60
Calculated Hourly Rate $78.40 $95.82 $104.53 $133.57 $150.99 $121.96 $203.26 $174.22 $121.96
Negotiated Hourly Rate $78.00 $96.00 $105.00 $134.00 $151.00 $122.00 $203.00 $174.00 $122.00
AGENDA ITEM #1. a)
Acceptance ICR Audit Office Review
June 11, 2019
EnviroIssues, Inc. 101 Stewart Street, Suite 1200 Seattle, WA 98101
Subject: Acceptance FYE 2018 ICR – Risk Assessment Review
Dear Lynnette Bradbury:
Based on Washington State Department of Transportation’s (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2018 ICR of 160.37% of direct labor (rate includes 0.07% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON Contract Services Manager
EKJ:ah
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit F Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retentionof sub-consultants, including procurement of materials and leases of equipment. The CONSULTANTshall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of theREGULATIONS, including employment practices when this AGREEMENT covers a program set forthin Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT’s obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by theREGULATIONS 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, theSTATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance withsuch REGULATIONS, orders and instructions. Where any information required of a CONSULTANT isin the exclusive possession of another who fails or refuses to furnish this information, the
CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT’s non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
•Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANTcomplies, and/or;
•Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as
a means of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2
Exhibit G-3
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data Exhibit G-4
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
______________________________________________________________________________________
whose address is
______________________________________________________________________________________
and that neither the above firm nor I have
a)Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this AGREEMENT;
b)Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services ofany firm or person in connection with carrying out this AGREEMENT; or
c)Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee workingsolely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kindfor, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expresslystated (if any);
I acknowledge that this certificate is to be furnished to the _________________________________________
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
AGENDA ITEM #1. a)
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and itsprincipals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction orcontract under a public transaction; violation of Federal or State anti-trust statues or commission ofembezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; an
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to anyperson for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,
renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any Federal agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete andsubmit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with itsinstructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shallrequire that the language of this certification be included in all lower tier sub-contracts, which exceed$100,000 and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 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 ______________________________________________**.
This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm: ___________________________________________________________________________
Signature Title
Date of Execution __________________________________________________________***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and thecontract price was agreed to.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit H Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ _______________________ .
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ __________________________________.
Such insurance coverage shall be evidenced by one of the following methods:
•Certificate of Insurance
•Self-insurance through an irrevocable Letter of Credit from a qualified financial institution
Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required.
Notes: Cost of added insurance requirements: $ ___________________________.
•Include all costs, fee increase, premiums.
•This cost shall not be billed against an FHWA funded project.
•For final contracts, include this exhibit
______________________________________________________________________
NOT USED AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit I Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios:
•It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,then the process will not proceed beyond this point.
•It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlementwith the consultant. The settlement would be paid to the agency or the amount would be reducedfrom the consultant’s agreement with the agency for the services on the project in which the design
error took place. The agency is to provide LP, through the Region Local Programs Engineer, a
summary of the settlement for review and to make adjustments, if any, as to how the settlement
affects federal reimbursements. No further action is required.
•There is not a mutual agreement regarding the alleged consultant design error(s). The consultant mayrequest that the alleged design error(s) issue be forwarded to the Director of Public Works or AgencyEngineer for review. If the Director of Public Works or Agency Engineer, after review with their legalcounsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Step 5 Forward Documents to Local Programs
For federally funded projects, all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt to
find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement.
•If mutual agreement is reached, the agency and consultant adjust the scope of work and costs toreflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federalparticipation in the agreed upon resolution of the issue.
•If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or
by litigation.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit J Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant’s claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the claim
•Any correspondence that directed the consultant to perform the additional work;
•Timeframe of the additional work that was outside of the project scope;
•Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with theadditional work; and
•Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo,
including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim
procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
AGENDA ITEM #1. a)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
•Copy of information supplied by the consultant regarding the claim;
•Agency’s summation of hours by classification for each firm that should be included in the claim
•Any correspondence that directed the consultant to perform the additional work;
•Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work;
•Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
•Explanation to describe what has been instituted to preclude future consultant claim(s); and
•Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
AGENDA ITEM #1. a)
Program Realignment
Sound Transit Board Workshop
June 3, 2020 AGENDA ITEM #2. a)
Financial outlook
AGENDA ITEM #2. a)
3
Economic and financial update
What we know
•16.4% April national retail sales decline.
•43% in WA work in high job loss industries.
•WA unemployment rate reached historic high of 15.4%.
•March sales tax down 25% over 2019.
•April MVET down 25%.
•Rental Car Tax down 87%.
•ST Ridership down 86%. AGENDA ITEM #2. a)
4
Economic and financial update
What we do not know
•Actual tax receipts beyond one month.
•Recession duration and depth.
•What recovery will look like.AGENDA ITEM #2. a)
5
Projected program funding in fall 2019
$97.9 billion from 2017-2041
5
Sales Tax
53%
MVET
9%
Property
5%
Grants
8%
Fares
7%
Debt
18%
•Tax revenues fund 67% of
the program.
•Fares fund 7%.
Recessions directly reduce
tax and fare revenue. AGENDA ITEM #2. a)
6
Revenue loss projections
Moderate recession scenario
•$743 million (-22%) in 2020 and 2021.
•$7.8 billion (-12%) through 2041.
2020-2021
Sales Tax (766,210,083)$ (6,757,232,887)$
All tax and fare revenues (908,870,557)$ (8,006,059,532)$
Net loss after CARES ACT (742,870,557)$ (7,840,059,532)$ -12%
2020 - 2041
AGENDA ITEM #2. a)
7
Revenue loss projections
Severe recession scenario
•$1 billion (-27%) in 2020 and 2021.
•$12 billion (-18%) through 2041.
2020-2021
sales tax (975,969,211)$ (10,895,525,326)$
All tax and fare revenues (1,118,629,685)$ (12,144,351,971)$
Net loss after CARES ACT (952,629,685)$ (11,978,351,971)$ -18%
2020 - 2041
AGENDA ITEM #2. a)
8
Revenue may not recover to prior projections
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
20192020202120222023202420252026202720282029203020312032203320342035203620372038203920402041Sales tax comparison
Blue: Fall 2019 plan
Gold: Moderate recession (-14%)
Gray: Severe recession (-23%)
-14%
-23%AGENDA ITEM #2. a)
9
Sales tax recovery example
ST2: permanent revenue loss despite recovery
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
$1,100,000
$1,200,000
$1,300,000
$1,400,000
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
ST2 Plan ST2 Actual Taxes
-24%AGENDA ITEM #2. a)
10
Revenue, debt and affordability
1
0
•As revenues decrease, more debt needs to be issued
to pay for expenditures.
•When revenue loss exceeds available debt, the
program becomes unaffordable.
•Therefore, revenue and debt limit determine program
affordability.AGENDA ITEM #2. a)
11
Statutory debt limits and program affordability
Fall 2019 projections vs. severe recession scenario
*In addition to legal debt capacity, debt capacity constraints also include financial policy and debt covenants .
Program cuts and delays required AGENDA ITEM #2. a)
12
$-
$1
$2
$3
$4
$5
$6
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046BillionsProgram affordability –severe recession
Debt-funded expenses
Available
debt
Unaffordable
expenditures
Expenditures funded by available
revenues
Available
revenue
Excess
Capacity AGENDA ITEM #2. a)
13
Tools to manage affordability
•Increase debt capacity.
•Increase revenue.
•Reduce costs.
•Extend project timelines.AGENDA ITEM #2. a)
14
Available tools: increase debt capacity
•Increase debt limit with 60% voter approval from 1.5% to
5% of assessed property value.AGENDA ITEM #2. a)
15
Available tools: increase revenue
•Increase rental car tax rate.
•Increase fares.
•Find alternative revenue sources.
•Increase grants by ensuring project readiness and
competitiveness.AGENDA ITEM #2. a)
16
Available tools: reduce costs
•Contain operating cost growth.
•Pursue lower-cost debt such as TIFIA.
•Reduce borrowing cost by leveraging financial market tools.
•Reduce capital costs by reducing project scope or
eliminating/reducing certain programs.AGENDA ITEM #2. a)
17
Available tools: extend project schedules
•Delay projects.
•Utilize capacity in years beyond 2041. AGENDA ITEM #2. a)
Program phasing options
AGENDA ITEM #2. a)
19
'20 '21 '22 '23 '24 '25 '26 '27 '28 '29 '30 '31 '32 '33 '34 '35 '36 '37 '38 '39 '40 '41 '42
I-405 BRT
SR 522/NE 145th BRT
Link OMF South
West Seattle Link
Tacoma Dome Link
Ballard Link
Link OMF North
Everett Link
TCC Tacoma Link
S Kirkland–Issaquah Link
Spending decisions happen over time
Planning Design Construction Select project to build Baseline AGENDA ITEM #2. a)
20
“Selecting the project to build”
Program cuts and delays required
•Selects station locations, alignment profile, access and
other significant project elements.
•Makes projects eligible for design, ROW, and
construction grants.
•Occurs at the end of environmental review and
preliminary engineering.
•Does not commit construction budget or spending.AGENDA ITEM #2. a)
21
“Baselining” commits schedule and full budget
•Commits the agency to a construction schedule and service
opening date.
•Commits construction and start-up budget.
•Builds upon the “project to be built” definition.
•Enables staff to advertise construction contracts.AGENDA ITEM #2. a)
22
0
50
100
150
200
250
300
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15Current $ MillionsYear
Construction: 70%
Final Design/RoW: 20%
Environmental/PE: 10%
Initiate
project
Select
project to
build Baseline Open for
service
Award
construction
contracts
Environmental/PE costs relatively small AGENDA ITEM #2. a)
23
$-
$50
$100
$150
$200
$250
$300
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15Current $ MillionsYear
Construction: 70%
Final Design/RoW: 20%
Environmental/PE: 10%
Initiate
project
Select
project to
build Baseline
Award
construction
contracts Open for
service
Project readiness for delayed projects
Protective ROW acquisition, permits, etc
AGENDA ITEM #2. a)
24
Cost per phase of major ST3 projects
$-
$1
$2
$3
$4
$5
$6
$7
$8
$9
$10
YOE $ BillionsEnvironmental/PE
Final Design/RoW
Construction
I-405 BRTSR 522/NE 145th BRTLink OMF SouthTacoma Dome LinkWest Seattle LinkBallardLinkLink OMF NorthEverett LinkTCC Tacoma LinkS Kirkland –Issaquah LinkAGENDA ITEM #2. a)
25
'20 '21 '22 '23 '24 '25 '26 '27 '28 '29 '30 '31 '32 '33 '34 '35 '36 '37 '38 '39 '40 '41 '42
I-405 BRT
SR 522/NE 145th BRT
Link OMF South
West Seattle Link
Tacoma Dome Link
Ballard Link
Link OMF North
Everett Link
TCC Tacoma Link
S Kirkland–Issaquah Link
Baseline decisions as originally scheduled
Planning Design Construction Select project to build Baseline AGENDA ITEM #2. a)
Examples of
extended timelines
AGENDA ITEM #2. a)
27
Types of extended timelines
Program cuts and delays required
•Delay all projects equally.
•Delay some projects more than others.
•Phase projects by opening in segments or with some
elements deferred to a later date.AGENDA ITEM #2. a)
28
'20 '21 '22 '23 '24 '25 '30 '35 '40 '45 '50
Project 1
Planning
Design
Construction
High capacity extension -delayed
AGENDA ITEM #2. a)
29
'20 '21 '22 '23 '24 '25 '30 '35 '40 '45 '50
Project 1
Planning
Design
Construction
Break projects into phases
Build partial projects in segments or with interim termini
AGENDA ITEM #2. a)
Realignment criteria
AGENDA ITEM #2. a)
31
Criterion Concept
System affordability Is the full program affordable at the system level?
Subarea affordability Is the full program affordable at the subarea level?
Program affordability
AGENDA ITEM #2. a)
32
Criterion Concept
Completing the spine Does the project advance the regional HCT spine?
Connecting centers Does the project connect designated regional centers?
Ridership potential How many daily riders is the project projected to serve?
Socio-economic equity How well does the project expand mobility for transit-
dependent, low-income, and/or diverse populations?
Advancing logically
beyond the spine
Can the project be included financially once projects
that advance the spine are included?
ST3 development core principles
AGENDA ITEM #2. a)
33
Criterion Concept
Operability How important is the project to operating current or new service?
Sequencing Must the project be completed for other projects to happen?
Constructability Can the project be built in increments?
Readiness How close is the project to opening for service?
Tenure How long have voters been waiting for the project?
Equity Do communities the project serves have other transit options?
Outside funding Are other funding sources available or secured?
Other project considerations
AGENDA ITEM #2. a)
34
Next steps
Week of June 8 Executive Committee (criteria).
June 25 Board meeting (scenario & criteria).
Summer Direction on projects paused pending realignment.AGENDA ITEM #2. a)
Thank you.
soundtransit.org AGENDA ITEM #2. a)
Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org
June 2, 2020
Hello,
We are writing to provide a brief update on how Sound Transit will be working to manage the impacts of the pandemic on the agency’s finances. In this unprecedented time, every level of government faces pressing and immediate challenges to protect citizens’ health and address major long-term economic
impacts and uncertainties. Sound Transit is no different; we depend on tax
revenues that have declined rapidly, particularly the sales tax.
None of us know how long this is going to last or how damaging it will be over the long term. But all economists seem to agree that we are in for a profound recession. With greatly depleted financial capacity, Sound Transit will not be
able to deliver many expansion projects on their original timelines. The Sound Transit Board is launching a realignment process to determine the extent to which the plans and timelines for voter-approved projects will need to be changed due to lower revenue projections, absent receiving additional
alternative revenue. Board discussions will be available to the public through virtual meetings, and we encourage you to watch the live or archived conversations at https://www.soundtransit.org/get-to-know-us/board-directors. As the realignment moves forward updates and documents will be posted at
soundtransit.org/realignment. Attached is a presentation that outlines some of the challenges facing the agency. While economic impacts of COVID-19 will be significant, Sound Transit has the potential to play a key role in our region’s recovery from the recession, just as
transit construction fueled our recovery from the Great Recession. When most of construction had gone dormant a decade ago, Sound Transit was one of the few entities hiring tradespeople off the bench. The agency has prioritized construction that is currently underway and under contract. After a pause in construction to ensure the health and safety of the construction workforce, we are
pleased that construction is under way once again. Today, we are working to open 28 new light rail stations in the next five years. Family-wage jobs offered by construction of Sound Transit’s projects will help thousands return to the workforce, and in turn, support even more retail and
service jobs in the community. As the economy recovers, investments in transit infrastructure will support our region’s economic health by delivering tens of thousands of daily riders to work.
CHAIR
Kent Keel University Place Councilmember
VICE CHAIRS
Dow Constantine King County Executive Paul Roberts Everett Councilmember
BOARD MEMBERS
Nancy Backus Auburn Mayor
David Baker Kenmore Mayor
Claudia Balducci King County Council Chair
Bruce Dammeier Pierce County Executive
Jenny Durkan Seattle Mayor
Debora Juarez Seattle Councilmember
Joe McDermott King County Council Vice Chair
Roger Millar
Washington State Secretary of Transportation Ed Prince Renton Councilmember
Kim Roscoe Fife Mayor
Nicola Smith Lynnwood Mayor
Dave Somers Snohomish County Executive
Dave Upthegrove King County Councilmember
Peter von Reichbauer King County Councilmember
Victoria Woodards Tacoma Mayor
CHIEF EXECUTIVE OFFICER
Peter M. Rogoff
AGENDA ITEM #2. a)
June 2, 2020 Page 2
Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org
Infrastructure investments are one of the most potent forms of economic stimulus due to both their short-
term and long-term benefits. As we begin the realignment, Sound Transit will join other agencies and allies
in urging that federal and state recovery efforts help keep our projects on track and maintain our place at the center of our economic recovery. These are challenging times for all of us, in every sector and in every aspect of our lives. On behalf of
Sound Transit, we look forward to working together with you across the region for a strong and stable
future. Sincerely,
Kent D. Keel Peter M. Rogoff
Chair, Sound Transit Board Chief Executive Officer
Attachment: Sound Transit COVID 19 Realignment Background (PDF)
Cc: Sound Transit Board of Directors
AGENDA ITEM #2. a)
Sound Transit’s Response to
COVID Pandemic
May 29, 2020 AGENDA ITEM #2. a)
3
Operations changes
•ST Express down 80-85%
•Link down 87%
•Sounder down 90% AGENDA ITEM #2. a)
4
Operations changes
•Suspended fares and reduced
service on Link, Sounder,
ST Express.
•Fares resume on Link/Sounder
on June 1.
•New Recovery Fare option.
•ST Express fare-free until further
notice.AGENDA ITEM #2. a)
5
Construction changes
•Suspended 80% of construction
in early April.
•Resumed most construction
in May under strict
safety protocols.AGENDA ITEM #2. a)
6
Finance Plan Sources and Uses
6
Sales Tax
53%
MVET
9%
Property
Tax 5%
Grants
8%
Fares
7%
Debt
18%
•Includes capital, operations,
maintenance, debt service
etc.
•Tax revenues fund 66%.
•Debt funds 18%.
•Fares fund 7%.
These sources are received
on an ongoing basis and are
all reduced by recession.AGENDA ITEM #2. a)
7
Recession threatens affordability
Debt Capacity
2020 2025 2030 2035 2040
2019 Finance Plan
Severe recession
AGENDA ITEM #2. a)
8
Near-term priorities
Maintain Board’s flexibility and readiness for uncertain future
Keep construction going safely
•Light rail extensions: Northgate, East Link, Lynnwood, Federal
Way, Downtown Redmond, Hilltop Tacoma.
•Operations & Maintenance Facility East.AGENDA ITEM #2. a)
9
Near-term priorities
Flexibility and readiness for uncertain future
Continue current phases of project work
•Maintain readiness for variable revenue/grant scenarios.
•Slower, more incremental approach in some instances as
longer-term realignment takes shape.
Wait to advance projects into final design or construction
•Avoid over-commitment until Board priorities become clearer.AGENDA ITEM #2. a)
10
Board tools to manage affordability
Tools established in ST3 plan documents
•Delay project completion.
•Modify project scope (alignments/stations, etc).
•Suspend or cancel projects.
•Secure new grant funding or funding partners.
•Request a tax increase.AGENDA ITEM #2. a)
11
Previous realignment categories
2009-2010 Recession
Design & construct as planned.
Continue with schedule and affordability risk.
Retain limited funding to develop future options.
Suspend indefinitely and remove from finance plan.
Delete project from program entirely.AGENDA ITEM #2. a)
12
Uncertain outlook for new revenues
•Federal capital grants.
•Additional stimulus funding.
•State funding.
•New local taxes.AGENDA ITEM #2. a)
13
ST Board’s Core Priorities for ST3
Elements of
good design
AGENDA ITEM #2. a)
14
Project level –core principles
Drawn from ST3 core priorities
Does the project:
•Help complete the regional Link light rail spine?
•Connect regional centers?
•Have good ridership potential?
•Equitably serve the region’s population?
•Advance logically beyond the spine?AGENDA ITEM #2. a)
15
Project level –other considerations
•Are other projects dependent on this project’s completion?
•Can the project be built and opened in increments?
•What is the project’s state of readiness to open?
•Is the project necessary to operate the expanded system?
•How long have voters been waiting for the project?
•Do affected communities have other transit options?AGENDA ITEM #2. a)
16
Board realignment schedule
•June 3 Workshop (finances/tools).
•Summer Direction on project paused pending
realignment.
•Fall Direction on projects to advance in 2021.AGENDA ITEM #2. a)
Thank you.
soundtransit.org AGENDA ITEM #2. a)
RENTON’S KEY SOUND TRANSIT (ST) Priorities
I-405 BRT-related issues (STRIDE)
KEY PRIORITY: Ensure that the COVID-19 realignment process has minimal impacts on the implementation of
the I-405 BRT and in particular the new South Renton and 405/44th Transit Station schedules and budgets. The
COVID-19 outbreak that devastated the state’s (and nation’s) economy has caused transit agencies such as
Sound Transit to hemorrhage sales tax revenue. ST relies on sales tax for nearly 60 percent of its operating
proceeds and believes its sales tax revenues may fall even further than the industry-wide 75 percent drop-off
estimated by the American Public Transportation Association (APTA). ST also has experienced an 86 percent
reduction in ridership since COVID-19 began. Attached for your reference is the most recent Sound Transit
letter & presentations regarding how they plan to realign their projects given the reduction in revenue.
South Renton Transit Station
KEY PRIORITY: Ensure station design integrates potential of future light rail – plans should specifically
demonstrate how it is being incorporated into the design or taken into consideration. City staff requested
Sound Transit to include this light rail integration in the 30 percent design of the station. Sound Transit staff
have recently agreed to do so and 30 percent design contract of the new transit station is scheduled to go to the
ST system expansion committee for approval July of this year.
KEY PRIORITY: Any identified Transit Oriented Development (TOD) site should align with Renton’s vision -- not
just consider existing conditions or serve a singular Sound Transit purpose. In particular, the City is doing a TOD
Area Planning study and believes there should be collaborative discussions among Sound Transit, Metro,
WSDOT, and the City to maximize the 14-acre area that takes in the Transit Center and WSDOT-owned park-and-
ride that is currently leased to the County for transit parking. The City’s TOD Sub-Area Plan kick-off meeting is
scheduled for June 16, 2020.
Important Background: The South Renton Transit Station is the only ‘off-line’ station on I-405 BRT system – with
all other stations now in-line. Essentially, the current proposal attempts to ‘minimize adverse effects’ on traffic
but the Rainier/Grady corridors are key corridors in the City and staff believes there needs to be more
conversations between WSDOT, ST and the City to mitigate traffic impacts. Renton technical staff have provided
suggestions that utilize system knowledge and have requested a technical meeting between the City, ST, and
WSDOT so that all agencies can work to get on the same page. ST CEO Peter Rogoff has agreed with Mayor
Pavone that this working collaboration needs to occur and those meetings are just beginning this month.
Various options have been developed by WSDOT and are currently being reviewed by City staff.
I-405/44th Station
KEY PRIORITY: Need for structured parking (not just a surface parking lot), ideally at the “Pan Abode” site at the
southwest corner of 405/44th.
Solution-oriented partnering conversations are currently taking place between City of Renton, Sound Transit,
and Vulcan.
TOD
site
AGENDA ITEM #2. a)
Potential Federal and/or State “Stimulus” Package
Renton may wish to prioritize the structured parking at 405/44th, enhanced capacity at Rainier/167/405, and
Rainier/Grady TOD funding as items that could fit in a COVID-19 economic recovery and stimulus package that
goes before Congress or comes under consideration by the State Legislature.
ST3 Light Rail Study – Renton-to-Burien
KEY PRIORITY: It’s very important to Renton’s elected officials and the community that this study – included
and funded in the voter-approved ST3 package – gets underway and completed prior to ST4 going out to public
vote. (ST3 HCT Planning Studies description attached)
The Council should consider re-evaluating the effectiveness of the timing of this study. In a recent meeting with
Mayor Pavone, Sound Transit CEO Peter Rogoff indicated that an “ST4” ballot may be more likely to occur in
2028 rather than in 2024.
This type of study consists of an alternatives analysis and a public engagement process that should involve
support from Renton staff and the community. The duration is approximately 18-24 months. Timing the
completion of the LRT study so that it is fresh and current leading up to a ballot measure will be important.
Illustrative Schedule with the 2028 ST4 Assumption
2020 2021 2022 2023 2024 2025 2026 2027 2028
Sound Transit 4 "ST4"
Renton's Sub-Area TOD Study
Renton Light Rail Study
Sound Transit Long Range Plan Update
BRT Implementation
AGENDA ITEM #2. a)
c.SOUNDTRANSIT3HCTPlanningStudiesSubareaSystemwidePROJECTAREAANDREPRESENTATIVEALIGNMENTPrimaryMode_______________FacilityType_____
_Length_
_
__
_
_
_
__
_
_DateLastModifiedJuly1,2016SHORTPROJECTDESCRIPTIONTheplanningstudieswillhelptoidentifytherangeofalternatives,evaluatepotentialroutesandstationlocationsandterminals,informlocalcomprehensiveplanning,prepareforformalenvironmentalreviewandengineering,andpositiontheSoundTransitBoardtoevaluateoptionsandestablishprioritiesforimplementationinfuturephasesofhighcapacitytransitinvestmentsintheregion.Note:Theelementsincludedinthisrepresentativeprojectwillberefinedduringfuturephasesofprojectdevelopmentandaresubjecttochange.SoundTransit3TemplateReleasedate:July1,2016Page1of5SOUNDTRANSITHOTStudyN/AKEYATTRIBUTESREGIONALLIGHTRAILSPINEDoesthisprojecthelpcompletethelightrailspine?CAPITALCOSTCostinMillionsof2074$RIDERSHIP2040dailyprojectridersPROJECTELEMENTSNOTINCLUDEDISSUES&RISKSN/A$23—$25N/A.HOTStudy:LightRailExtendingfromWestSeattletoBurien,connectingtoRentonviaTukwila.HOTStudy:NorthernLakeWashington.HOTStudy:CommuterRailtoOrting•HOTStudy:ConnectionsfromEveretttoNorthEverett.HOTStudy:TacomaDometoTacomaMall.CompletionofPreliminaryEngineeringandprojectdevelopment.NEPA/SEPAenvironmentaldocumentation.Identificationofapreferredalternative.Potentialtimingandcoordinationwithafuturesystemplanningprocess•CoordinationwithjurisdictionsandpartnertransitagenciesAGENDA ITEM #2. a)
SOUNDTRANSIT3HCTPlanningStudiesSoundTransitdevelopedaconceptualscopeofworkforthisprojectforthepurposeofgeneratingarepresentativerangeofcosts,bothcapitalandoperating;andbenefits,includingridershipforecasts,TODpotential,multi-modalaccessandothers.ThisinformationwasdevelopedtoassisttheSoundTransitBoardasitdevelopedtheST3systemplan,includingphasingofinvestmentsandfinancialplan,forvoterconsideration.Finaldecisionsonprojectelements(e.g.,alignment,profile,stationlocations,andnumberofparkingstalls)willbedeterminedaftercompletionofsystemplanning,projectlevelenvironmentalreview,andpreliminaryengineeringduringwhichadditionalopportunitiesforpublicparticipationwillbeprovided.Therefore,thisscopedefinitionshouldnotbeconstruedasacommitmentthatallrepresentativefeatureswillbeincludedinthefinaldevelopedproject.LongDescription:Theplanningstudieswouldhelptoidentifytherangeofalternatives,evaluatepotentialroutesandstationlocationsandterminals,informlocalcomprehensiveplanning,prepareforformalenvironmentalreviewandengineering,andpositiontheSoundTransitBoardtoevaluateoptionsandestablishprioritiesforimplementationinfuturephasesofhighcapacitytransitinvestmentsintheregion.Thestudieswillincludepublicoutreach,preliminaryenvironmentalassessment,ridershipforecasting,andconceptualengineeringandcostestimating.Thestudiesinclude:•HOTStudy:LightRailExtendingfromWestSeattletoBurien,connectingtoRentonviaTukwilaThisstudywouldexaminealightrailextensionfromWestSeattletoRentonviaBurienandTukwila.Thestudywouldbecompletedincoordinationwithlocaltransitpartnerstoexamineavarietyofoptionsforserviceprovisionandtomaximizeopportunitiesforregionalintegration.•HOTStudy:NorthernLakeWashingtonThisstudywouldexamineoptionsforexpandinglightrailtransitconnectionsacrossnorthernLakeWashingtonthatmaybeneededwhenridershipdemandexceedsavailablecapacity.ThisstudywouldexaminealternativesincludingandparalleltoSR522andSR520,aswellasconnectionsfromBallardtoKirkland,SandPointtoKirkland,andRedmondand/orBellevue.ThisstudywouldalsoexamineconnectionstotheUniversityofWashington.Thisstudycanconsiderpotentialupgradesinexistingserviceand/orimprovedconnections.Itshouldbecompletedincoordinationwithlocaltransitpartnerstoexamineavarietyofoptionsforserviceprovisionndtomaximizeopportunitiesforregionalintegration.1•HOTStudy:CommuterRailfromPuyalluptoOrtingThisstudywouldexamineafutureextensionofacommutertailconnectionfromOrtingtotheexistingSouthSounderSystem.•HOTStudy:OonnectionsfromEveretttoNorthEverettThisstudywouldexamineafutureextensionoflightrailfromEveretttoNorthEverett.•HOTStudy:OonnectionsfromTacomaDometoTacomaMallThisstudywouldexamineafutureextensionoflightrailfromtheTacomaDometotheTacomaMall.Assumptions:Thestudiescouldincludethefollowingelements:•PublicInvolvement•Planning•Conceptualdesign•Stationareaassessment•Accessconsiderations•Appraisalsandrights-of-entryEnvironmental:Noenvironmentalanalysiswillbecompletedaspartofthestudies.Utilities:N/ARight-of-WayandPropertyAcquisition:N/ASoundTransit3TemplateReleasedate:July1,2016Page2of5SOUNDTRANSITAGENDA ITEM #2. a)
SOUNDTRANSIT3HCTPlanningStudiesPotentialPermits/ApprovalsNeeded:N/AProjectDependencies:N/APotentialProjectPartners:Projectpartnerswillincludetransitagencies,localjurisdictions&theWashingtonStateDepartmentofTransportationbasedonthespecificlocations/corridorswherethestudiesarefocused.SoundTransit3TemplateReleasedate:July1,2016Page3of5SOUNDTRANSITAGENDA ITEM #2. a)
Cost:SoundTransitdevelopedaconceptualscopeofworkforthisprojectforthepurposeofgeneratingarepresentativerangeofcosts,bothcapitalandoperating;andbenefits,includingridershipforecasts,TODpotential,multi-modalaccessandothers.ThisinformationwasdevelopedtoassisttheSoundTransitBoardasitdevelopedtheST3systemplan,includingphasingofinvestmentsandfinancialplan,forvoterconsideration.Finaldecisionsonprojectelements(e.g.,alignment,profile,stationlocations,andnumberofparkingstalls)willbedeterminedaftercompletionofsystemplanning,projectlevelenvironmentalreview,andpreliminaryengineeringduringwhichadditionalopportunitiesforpublicparticipationwillbeprovided.Therefore,thisscopedefinitionshouldnotbeconstruedasacommitmentthatallrepresentativefeatureswillbeincludedinthefinaldevelopedproject.InMillionsof2074$PreliminaryEngineering&EnvironmentalReviewFinalDesign&SpecificationsPropertyAcquisition&PermitsConstructionConstructionManagementThirdPartiesVehiclesContingency$2.12$2.27TotalDesignBasis:N/ASoundTransit3TemplatePage4of5SOUNDTRANSITReleasedate:July1,2016SOUNDTRANSIT3HCTPlanningStudiesAdministrationITEMCOSTCOSTWITHRESERVE$4.58$16.96$18.15$23.36$25.00AGENDA ITEM #2. a)
SOUNDTRANSIT3HCIPlanningStudiesEvaluationMeasures:MEASUREMEASUREMENTIRATINGNOTES_
__
__
_
_
_
_
_RegionalLightRailSpine‘‘-“Doesprojecthelpcompleteregionallightrailspine?IIIIConnectionstoPSRC-designatedRegionalCentersNumberofPSRC-designatedregionalgrowthandmantifacturing/industrialcentersservedLandUseandDevelopment/TODPotentialQuantitative/qcialitativeassessmentofadoptedPlans&PoliciesandN/Azoningcompatiblewithtransit-supportivedevelopmentwithin0.5mileofpotentialstationsQualitativeassessmentofrealestatemarketsupportfordevelopmentN/Awithin1mileofpotentialcorridorDensityofactivityunits(populationandemploymentfor2014andN/A2040)within0.5mileofpotentialstationareasSocioeconomicBenefitsExistingminority/low-incomepopulationswithin0.5mileofpotentialN/Astationareas2074and2040populationwithin0.5mileofpotentialstationareas2014and2040employmentwithin0.5mileofpotentialstationareasN/AForadditionalinformationonevaluationmeasures,seehttp://soundtransit3.org/document-librarySoundTransit3TemplatePage5of5SOUNDTRANSITReleasedate:July1,2016N/A.RidershipN!AiTfiIiJ2040dailyprojectriders(NCapitalCost$23—$25CostinMillionsof2014$(j4AnnualO&MCostN/ACostinMillionsof2014$TravelTimeN/AØ)In-vehicletraveltimealongtheproject(segment)ReliabilityN/AOl\’1Percentageofalignment/routeinexclusiveright-of-waySystemIntegrationN/AWQualitativeassessmentofissuesandeffectsrelatedtoconnectionstoexistinglocalbusserviceandpotentialfutureintegrationopportunitiesEaseofNon-motorizedAccessN/AQualitativeassessn7entofissuesandeffectsrelatedtonon-motorized••modesPerce,tofNon-motorizedModeofAccessN/APercentofdailyboardingsN/AN/AAGENDA ITEM #2. a)
AGENDA ITEM #2. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
2021 -2026 TRANSPORTATION IMPROVEMENT PROGRAM
•Prioritization Process (previously discussed)
•Delayed Schedule
•Funding Status Identifier for Discrete Projects
•Adjusted Project Scopes on Existing Projects
•New Projects to add to the list and why AGENDA ITEM #3. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
ANNUAL TIP UPDATE PROCESS
City Council
adopts the
next year’s
TIP
City Council
reviews DRAFT
TIP/Public
Hearing
Mayor reviews
DRAFT TIP and
provides feedback
Transportation
Committee reviews
Initial Prioritized List
and provides feedback
Initial
Prioritized List
created
Business Case
Assessment
Projects are generally
scoped with identified
project aspects
Delayed Schedule
Next Committee
Meeting
JULY 6
Council refers to
Transportation
Committee
AUGUST 3
Public Hearing/
Council adopts
resolution
AUGUST 17 AGENDA ITEM #3. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
Plan Category Funding Status Project Status TIP Actions
CONSTRAINED
Fully Funded -CN Design >90% Complete / Funded for
Construction
All funds programmed and/or will obligate grant
funds when ready, and if necessary.
Funded -CN Design <60% Complete / Funded for
Construction
All funds programmed and/or will obligate grant
funds when ready, and if necessary. As more
design progresses, more funding may be needed.
Partially Funded -CN
Design In Progress/ >60% Complete.
Getting ready for Construction
Documentation.
Some funds programmed for Construction phase
-more funding needed.
Partially Funded -PE/ROW Design In Progress/ >30% Complete.ROW
phase is relevant to project.
Programmed for PE and ROW and/or will obligate
for ROW grant funds when ready and if
necessary. Construction Phase NOT FUNDED.
Partially Funded -PE
Design In Progress.Project only funded
for Design. Waiting for available revenue
sources for other phases.
Programmed for PE only and other analysis
remains to be done. Construction Phase NOT
FUNDED.
Unprogrammed Candidate Project identified in other Planning
Document(s) as high priority/high need.
No determined funding programmed. May need
further analysis.
Project Funding Status
AGENDA ITEM #3. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
Adjusting Project Scopes on existing projects in TIP
AGENDA ITEM #3. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
Which section is highest priority?
116th Ave SE Improvements, Puget Dr SE to southern city
limits
•Part of Benson Hill Community Plan
•City installed sidewalk improvements on west side, north of Petrovitsky Rd to
Post Office.
Puget Dr SE –SE 160th St
SE 168th St –SE 160th St:
Cascade Elementary School, location of Family First center,
connects to SE 164th St that is east-west connection to Nelson
Middle School and Renton Academy, SE 160th St is Cascade
Waterline Spur Trail
SE 168th St to SE Petrovitsky Rd AGENDA ITEM #3. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
Which section is highest priority?
Lind Ave Widening, SW 16th St to SW 43rd St
•Part of I-405 Master Plan
•portions of ROW dedication have been provided in northern section as
developments have occurred
SW 16th St to SW 27th St:
northern section connects to I-405 and SW 27th St which
connects to Strander Blvd (Tukwila)
SW 27th St –SW 34th St
SW 34th St –SW 43rd St
AGENDA ITEM #3. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
Carr Road Improvements, Lind Ave SW to 116th Ave SE
•Originally scoped from 2003 King County corridor study
•SW 43rd St Pavement Restoration project (west city limits to SR 167 ramps) under design)
•Metro currently designing RapidRide I-Line
Davis Ave S –109th Ave SE:
Keeps entrances to Valley Medical and intersection of Benson
Dr SE/108th Ave SE/SR 515into consideration. Project
description would be updated to include transit priority. AGENDA ITEM #3. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
NE 3rd St/NE 4th St Corridor Improvements, Sunset Blvd N to east city limits
•NE 3rd/4th Corridor study adopted in 2005.
Sunset Blvd N –Jefferson Ave NE
Jefferson Ave NE –Union Ave NE
Bremerton Ave NE –Duvall Ave NE
AGENDA ITEM #3. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
NE Sunset Blvd (SR 900) Corridor Improvements), I-405 to east city limits
•Current CIP project is from Sunset Blvd NE to Monroe Ave NE funded for DESIGN and ROW
•Potential for future Metro rapidride to replace route 240 (turning north at Duvall)
Union Ave NE –Hoquiam Ave NE:
key improvements to prepare for transit priority such as signal
modifications, queue jumps, access management (possible
medians), includes EB right turn only lanes at Elma Pl NE and
Hoquiam Ave NE AGENDA ITEM #3. a)
The Transportation Systems Division creates and maintains an interconnected, multimodal network so that people and goods move safely and efficiently.
New Projects and Programs to Add
Oakesdale Ave SW & SW 41st St
Intersection Improvements
Hoquiam Ave NE Non-motorized
Improvements
NE 10th Pl -NE Sunset Blvd
Local Road Safety Plan
Implementation Program
Oakesdale Ave SW Preservation Project
SW 34th St -SW 16th St
AGENDA ITEM #3. a)