HomeMy WebLinkAboutContract CAG-17-082
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number: CAG-17-082
Firm/Organization Legal Name (do not use dba's):
Perteet, Inc.
Address Federal Aid Number
505 - Sth Ave. S., #300, Seattle, WA 98104
UBI Number Federal TIN or SSN Number
601-288-065 91-1505037
Execution Date Compietion Date
120 Calendar Days from Notice to Proceed
1099 Form Required Federal Participation
❑ Yes ❑� No ❑� Yes ❑� No
Project Title
N. Park Avenue Extension-Preliminary Design and Design Report Phase
Description of Work
Scope of Services is described in Exhibit"A", attached hereto and made a part of this agreement.
❑ Yes Q No DBE Participation Total Amount Authorized: $148,295
❑ Yes Q No MBE Participation Management Reserve Fund: $ 11,360
❑ Yes �❑ No WBE Participation
Maximum Amount Payable: $159,655
❑ Yes �❑ No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
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THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) ofthis
AGREEMENT, between the City of Renton ,
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�vork 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.
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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.
The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
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: Bob Hanson Name: Peter De Boldt
Agency: City of Renton Agency: Perteet, Inc.
Address: 1055 South Grady Way Address: 505 - Sth Avenue S.,#300
City: Renton State: WA Zip: 98057 City: Seattle State: WA Zip: 98105
Email: BHanson@rentonwa.gov Email: peter.deboldt@perteet.com
Phone: (425)430-7223 Phone: (425)252-7700
Facsimile: (425) 430-7376 Facsimile: (425) 339-6018
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT 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.
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (ww�v.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D"and "E"and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1. Direct (RAW) Labor Costs: The Direct(RAW) Labor Cost is the direct salary paid to principals,
professional,technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits"D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits"D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime
and all sub-consultants)will submit to the AGENCY within six(6) months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for
the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to EmaiL• ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall
cause the AGENCY to withhold payment of the billed ICR costs until such time as the reyuired information
is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to,the following items: travel,printing,
long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air,train, and rental car costs)
in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations(CFR) Part 31.205-46 "Travel Costs."The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
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4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits"D"
and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULT�INT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion ofthe Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination ofAgreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the fleXibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, `Bxtra Work."No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress ofthe work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements"of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct(RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW) Labor costs for
CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct(RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTf1NT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty(30) calendar days of notice of the overpayment. Such refund shall not constitute
'a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
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D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six(6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six(6)year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
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 fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier,to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VI1. 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
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 2]
(29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
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 CONSULTEINT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason tHat the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE)and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY,their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable,the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Wark under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of inethods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY's, their agents', officers'and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
AgreementNumber: CAG-17-082
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14
Revised 3h1/2016
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 O1 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 O1 10 O1 or equivalent providing coverage for
any"Autd' (Symbol 1) used in an amount not less than a one million dollar($1,000,000.00) combined single
limit for each occurrence.
Excepting the Warker'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 ofthe
execution of this AGREEMENT to:
Name: Bob Hanson
Agency: City of Renton
Address: 1055 South Grady Way
City: Renton State: WA Zip: 98057
Email: BHanson@rentonwa.gov
Phone: (425)430-7223
Facsimile: (425)430-7376
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 AgreemenY'of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
AgreementNumbew. CAG-17-082
LocalAgencyA&E Professional Services Cost Plus Fixed Fee Consu/tantAgreement Page 10 of 14
Revised 3/11/2016
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTf1NT must submit any"request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above,the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or eXamination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULT�INT and the AGENCY, E�chibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered
Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit"G-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements"prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number: CAG-17-082
LocalAgencyA&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 11 of 14
Revised 3N1/2016
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The"State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub-consultants ar subcontractors reyuiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or(ii) returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number: CAG-17-082
Local Agency A&E Professional Services Cost Plus Fixed Fee Consu/tant Agreement Page 12 of 14
Revised 3/11/2016
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as"Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced,the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six(6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records,telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of ineetings,
Agreement Number: CAG-17-082
Loca/AgencyA&E Professiona/Services Cost P/us Fixed Fee ConsultantAgreement Page 13 of 14
Revised 3N1/2016
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI"means any and all computer data or electronic recorded media of any
kind, including"Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
"Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and/or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date"box on page one(1) of this AGREEMENT.
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Signature Denis Law, Mayor '�,, o���''�,,, �,�'`o'� � son S , City C erk
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Signature Date
Any mod�cation, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
AgreementNumber: CAG-17-082
Loca/AgencyABE Professional Services CostP/us Fixed Fee ConsultantAgreement Page 14 of 14
Revised 3/11/2016
Exhibit A
Scope of Work
Project No. TED4003948
See Exhibit "A", Scope of Services on following pages.
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit A Page 1 of 1
Revised 10/30/2014
Exhibit A
Scope of Work
City of Renton
N Park Avenue Extension
Preliminary Design and Design Report Phase
During the term of this Contract Perteet Inc. (CONSULTANT)will perform professional services for the
City of Renton (CITY), as detailed below:
INTRODUCTION
The project will evaluate opportunities to construct improvements to extend N Park Avenue from the
existing intersection with Logan Avenue N northward to connect to the Southport site now under
construction. The purpose is to provide a connection to the Southport development and relieve
congestion on Lake Washington Boulevard at Houser Way N and Logan Avenue N.
GENERAL SCOPE OF SERVICES
This agreement includes design report and preliminary design services for the N Park Avenue extension
between Logan Avenue N and the Southport development. As part of the work effort, the Consultant
will also look at possible modifications to Lake Washington Boulevard in the vicinity of the access to Gene
Coulon Park and modification of Boeing Access from Logan Avenue N. At the option of the CITY, this
AGREEMENT may be supplemented to provide preliminary design, final design, environmental support,
right-of-way acquisition support, and/or construction management services.
Only local agency funds will be used in this Preliminary Design and Report Phase of the project. The
CONSULTANT will use procedures outlined in the WSDOT Local Agency Guidelines (LAG manual)
during development of the project. The CONSULTANT may shift funds within the Contract between
Tasks. Shifting of funds between subconsultants and the CONSULTANT during the prosecution of the
work may be done only with written approval of the CITY.
The work included in this phase of the project includes the following tasks:
Task I - Project Management
Task 2—Traffic/Project Data Gathering
Task 3—Alternative Plans Analysis
Task 4—Traffic Analysis and Report
Task 5 —Stakeholder Project Input
Task 6—Conceptual (I 0%) Roadway Design
Task 7—Conceptual (I 0%) Transit Facility Design
Task 8—BNSF/UTC Input
Task 9—Design Report
Task I 0—Management Reserve
Future Tasks could include, but are not limited to:
• Surveying and Base Mapping
• ROW Plans and Project Funding Report
• Meeting and Coordination with Utilities
• Public Transit Input
• Public Involvement Program
• Geotechnical Study and Report
• Stormwater Report(TIR)
• Funding Review and Grant Application Assistance
• 30% Plans and Opinion of Cost
• Franchise Utilities Reimbursement Agreements
• Permitting Support
• ROW Acquisition Support
• Final Design (Plans, Specifications and Estimate)
• Construction Support
• Construction Management
Provision of future task services will require a supplement to this agreement.
TIME FOR COMPLETION
The CONSULTANT will complete all work under this phase of the contract within four (4) months
(I 20 calendar days) of notice to proceed.
DESIGN TEAM
The key members of the Perteet design team for this phase of the project will include the following:
• Crystal Donner, PE—Principal-in-Charge
• Peter De Boldt, PE—Project Manager
• Marcus Elliott, PE—Lead Designer
• Mike Hendrix, PE, PTOE—Traffic Lead
• Brent Powell, EIT— Design Engineer
• Jerri Bean—CAD Lead
• Jon Garvin—Easement Descriptions
• Abi Swanson—Accountant
• Robin Nunnally- Clerical
If for any reason there needs to be a change in the Perteet Design Team, Perteet will obtain written
permission from the CITY before making the change. Perteet will present the CITY with resumes for
potential replacements of key team members to facilitate the CITY's decision on any changes to the key
members of the Perteet design team.
Task I - Project Management
I.I Provide continuous project management administration (billing invoices, monthly progress
reports, consultant coordination) throughout the project's duration (assume 4 months). Monthly
progress reports will include a table summarizing amount spent-to-date by task, along with an
estimate of projected amounts to be spent at project completion.
I.2 Monitor project budget and schedule.Schedule will be developed using MS Project 2013.Schedule
will be updated on a monthly basis.
1.3 Prepare a work plan at the start of project for the project including communication plan,
deliverables, quality control plan and procedures for change management.
I.4 Attend coordination/discussion meetings every-other week with key City staff. Attendance will
consist of up to two CONSULTANT task leads, CONSULTANT project manager, CITY project
manager, and other CITY stafF as determined by the CITY's project manager to review project
status and coordinate activities for current work tasks. Meetings will be held normally at the
CONSULTANT offices. Prepare and distribute meeting minutes.
I.5 Quality Assurance/Quality Control program. The CONSULTANT will conduct an internal quality
assurance program prior to major submittals. Major submittals are defined as the project
basemapping, as well as draft and final Traffic Analysis Technical Memorandum (See Task 4). This
task will supplement the continuous quality assurance program by conducting a detailed review of
each major submittal for compliance with project criteria and consistency with the project goals.
Deliverables:
• Invoice and progress reports submitted monthly in hard copy via US Mail. — Four (4) prepared
invoices will be submitted
• MS Project Gantt Schedule submitted monthly in hard copy with project invoices via US Mail. —
Four (4) schedule updates will be submitted.
• Project work plan, and change management procedures submitted via e-mail in PDF format. —
One (I) project work plan will be submitted
• Meeting Minutes documenting the coordination/discussion meetings, submitted via e-mail in MS
Word format within three (3) working days of the meeting.
• Markups of major submittal quality control reviews in hard copy format with each major submittal.
One quality control review document will be submitted for each of the following:
- Project Basemap (See Task 3.4)
- Tra�c Analysis Technical Memorandum (See Task 4)
- Conceptual (I 0%) Plans (See Task 5)
Task 2—Traffic/Project Data Gathering
2.1 Existing Traffic Data. The CITY shall provide existing traffic counts, SYNCHRO models, and
recent traffic reports (primarily for the Southport development from the Consultant - TENW) for the
intersections illustrated on Figure I —Traffic Analysis Locations in the Traffic Analysis and Report Task.
This information will include both AM and PM peak hour data if available. The CITY shall provide design
year (2040) AM and PM peak hour data for the same locations.
2.2 Additional Traffic Counts. If the CITY does not have existing AM or PM Peak hour traffic volumes
for any of the intersections illustrated in Figure I — Traffic Analysis Locations, the CONSULTANT will
collect up to an additional eight (8) AM or PM Peak hour traffic counts for any of the intersections in the
Traffic Analysis and Report Task.
2.3 Existing Aerials and Infrastructure Data. The CITY shall provide their most recent aerial
photography for the project area to be used as a basemap for preparation of the Conceptual I 0%drawings.
The CITY shall provide available GIS data illustrating existing utilities, ROW, and pavement limits for the
project area. The CONSULTANT will assemble this information into basemaps for use in developing the
Conceptual 10%drawings.
Assumptions:
• The CITY shall provide the CONSULTANT with available existing traffic counts, SYNCRHO
models, 2040 design year volumes, and recent traffic reports for the Southport development.
• The CITY shall provide the CONSULTANT with recent aerial photography in a format suitable
for importing into AutoCAD,along with GIS data illustrating existing utilities, ROW and pavement
limits for the project area.
Deliverables:
• The CONSULTANT will provide the CITY with hard copies of any additional AM and PM peak
hour counts collected, in electronic PDF format.
Task 3 —Alternative Plans Analysis
To determine the appropriate configuration for improvements in the vicinity the North Park
Avenue extension,the CONSULTANT will prepare alternative roadway configuration and channelization
options for the intersections and roadway extensions identified in Figure I. Two alternative plans will be
studied for the simple extension of Park Avenue N: One with a northern terminus at the north BNSF
ROW limit and the second at the SouthportlPSE property line.Another concept is possible modifications
to Lake Washington Boulevard in the vicinity of the access to Gene Coulon Park.
When evaluating alternatives, the Boeing Company has identified several alternative entry/egress points
that they would like explored as part of this effort. Those are summarized below:
• Garden Avenue N extension into the Southport development.
• North I O�h Street egress for Boeing.
• An alternative access point west of Park Avenue N that could use the existing security gate, or a
relocated gate.
These alternative roadway configuration and channelization options will be prepared on aerial basemaps,
and then vetted and discussed with the CITY before traffic analysis is conducted.
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Figure 1 -Traffic Analysis Locations and Roadway Extensions
Deliverables:
• Draft Alternative Plans prepared on Aerial basemap roll plot at I"=50' scale, in electronic PDF
format and two (2) hard copies.These will be presented at a working session meeting with CITY
staff to confirm alternatives to be evaluated as part of the Traffic Analysis and Report task.
Task 4 - Traffic Analysis and Report
To determine the appropriate configuration for the North Park Avenue extension, the CONSULTANT
will evaluate the impacts of up to three (3) alternative roadway configuration and channelization options
for the intersections identified in Figure I. The CONSULTANT will evaluate existing and 2040 AM and
PM peak-hour traffic volumes using Synchro Version 9.0, followed by the microsimulation tool VISSIM.
The following steps will be included in this effort:
• Modify the CITY's existing AM and PM Synchro model to review and assess the different roadway
configuration and channelization options identified above.
• Model the traffic operations for the existing AM and PM peak hours, and for the PM 2040 peak-
hour period for each of the four (4) "starred" intersections in Figure I.
• Model the existing AM and PM peak-hours, and for the 2040 PM peak-hour using VISSIM for a
preferred configuration of the four (4) "starred" intersections in Figure I that is jointly agreed to
with the CITY.
The CONSULTANT will summarize the results of the analysis in a Traffic Analysis Technical
Memorandum. This memorandum will include the following:
• Comparison of the performance metrics of the existing conditions to the proposed alternatives
• Proposed channelization for the corridor based on existing and future (2040) traffic condition
analysis
• Recommended turn pocket lengths based on existing and future (2040) traffic condition analysis
The CONSULTANT will base the Conceptual Design (10%) for the project on the preferred concept
resulting from the Traffic Analysis. (See Task 6)
Deliverables:
• Draft Traffic Analysis Technical Memorandum (in electronic PDF format)
• Final Traffic Analysis Technical Memorandum (in electronic PDF format)
• Video of traffic operations from VISSIM analysis for public presentations.
Task 5 —Stakeholder Project Input
The CONSULTANT will coordinate the project development with adjoining large property owners.
Known key entities include the City of Renton, the Boeing Company, Puget Sound Energy, SECO
Development(Southport site), and Burlington Northern Santa Fe Railroad (BNSF). The Boeing Company
has identified in a summary list delivered to the CONSULTANT on April 6, 2017 several specific
conditions they would like addressed in the project. Those are listed in the Conceptual (10%) Roadway
Design Task.
5.1 The CONSULTANT will organize and attend up to two (2) Stakeholder Coordination Meetings
each with the Boeing Company, Puget Sound Energy, and SECO Development (Southport site).
The first set of ineetings will be held to get input from the Stakeholders at the initiation of the
project. The second set of ineetings will to the maximum extent possible be joint meetings to
share project status, issues, and areas of concern. Concept layouts that have been approved by
the CITY will be shared to solicit feedback from each of these stakeholders. It is assumed that
up to two (2) one-hour meetings will be held with each of these property owners involving up to
two (2) team members from the CONSULTANT team at each of the meetings.
Deliverables:
• Attendance of up to two (2) staff members for each Stakeholder Coordination Meeting.
• Meeting Agendas for Stakeholder Coordination Meetings,submitted via e-mail in MS Word format
at least two (2) days before each meeting. — Up to six (6) coordination meeting agendas will be
prepared (two (2) meetings for each stakeholder).
• Meeting Minutes from Stakeholder Coordination Meetings, submitted via e-mail in PDF format
within three (3) working days of the meeting. — Up to six (6) Stakeholder Coordination Meeting
minutes will be prepared (two (2) meetings for each stakeholder).
Task 6—Conceptual (I 0%) Roadway Design
The CONSULTANT will prepare and submit to the CITY Conceptual (I 0%) Plans for a preferred design
alternative for the project, based on the conceptual channelization plans documented in the Traffic
Analysis Memorandum and approved by the CITY. The CONSULTANT assumes that the preliminary
plans will fit on four(4) "base sheets", utilizing I I" by 17"sheets at I" =40' scale. The Conceptual (I 0%)
Plans will be prepared using aerial photographs derived from a City of Renton flight conducted in 2012 as
the basemaps. Consequently, they will have a lower level of detail than typical roadway plans.
The Boeing Company has requested that the following specific elements be considered when developing
the Conceptual (I 0%) Plans.
Boeing Manhole along N Park Avenue Extension
• If N Park Avenue is extended, an existing Boeing manhole in the alignment must maintain safe
access for personnel.The manhole may have to be relocated.
• No additional splicing of electrical system that is servicing Boeing
NE Boeing entry/egress
• 90-foot truck accessibility must be maintained.
• No impact to Boeing material and vehicle traffic
• Safe and comparable pedestrian egress is maintained
Boeing dired access to substation
• Maintain adequate line-of-sight of Boeing asset
• Maintain adequate security of Boeing asset
No impact to railwaylBNSF deliveries
• Seamless implementation / no impacts to production
I:I solution for contractor laydown /parking impacts
At this time a total of up to five (5) plan sheets (based on four (4) base sheets) are assumed as necessary
for the preliminary plans. These preliminary plans will be used as a basis for development of detailed plans
in the PS&E phase of the project, and to develop a budget level opinion of cost for the project. Specific
preliminary plans are anticipated to consist of the following elements:
b.I Typical Roadway Sections (one (I) sheet, to scale with vertical scale exaggerated as
needed/applicable)
6.2 Roadway Paving and Channelization Plans (four (4) sheets)
The CONSULTANT will prepare and submit to the CITY Conceptual (I 0%) Paving and Channelization
Plans for the project. These plans will illustrate the project footprint of the proposed roadway
improvements and will include horizontal and vertical alignment information, paving limits, limits of cuUfill
required, earth retaining systems, and channelization. The CONSULTANT will make recommendations
for conceptual (I 0%) right-of-way needs from these plans, with final determination to be made by the
CITY. Existing utility features will be shown in halftone (screened).
6.3 Conceptual (I 0%) Roadway Opinion of Cost
The CONSULTANT will prepare and submit to the CITY a Conceptual (10%) Opinion of Cost for the
proposed roadway improvements based on the Conceptual (10%) Roadway Plans, and will include
allowances for acquisition of right-of-way. The opinion of cost will be based on unit prices, and
incorporate a 35%contingency to account for the level of completeness of plan preparation,and to reflect
past experience on similar projects within the region.
The CONSULTANT will prepare and submit to the CITY a draft set of the Conceptual (I 0%) Roadway
Plans and Conceptual (I 0%) Roadway Opinion of Cost for review and comment by CITY staff. CITY staff
will consolidate all comments into one (I) package for response by the CONSULTANT. The
CONSULTANT will prepare a proposed response to each comment received, and then conduct one (I)
meeting with CITY staff to reconcile any outstanding comments. After reconciling comments at this
meeting, the CONSULTANT will prepare and submit a final set of Conceptual (10%) Roadway Plans and
Opinion of Cost.
Deliverables:
• Draft Conceptual (I 0%) Roadway Plans (half size, I"=40' scale) and Conceptual (I 0%) Roadway
Opinion of Cost, in electronic PDF format and five (5) hard copies, delivered by US Mail.
• Final Conceptual (I 0%) Roadway Plans (half size, I"=40' scale) and Conceptual (I 0%) Roadway
Opinion of Cost, in electronic PDF format and five (5)hard copies, delivered by US Mail.
Task 7—Conceptual (10%) Transit Facility Design
The CONSULTANT will prepare and submit to the CITY Conceptual (I 0%)Transit Facility Plans for two
(2) locations suitable for a King County Metro (KCM) RapidRide facility. These conceptual plans will be
prepared on aerial maps derived from a City of Renton flight conducted in 2012. One concept would be
located between the BNSF railroad, Logan Avenue N, 757Ch Avenue, and Garden Avenue on the site that
was historically Boeing's truck inspection area (and currently serves as a construction staging area for
Boeing). The other would be a paired set of in-line RapidRide stops on Logan Avenue N between 757�h
Avenue and Garden Avenue for the eastbound and westbound directions. It is assumed that the
conceptual plans for each configuration will fit on one (I) "base sheet", utilizing I I" by 17" sheets at
approximately I" = 40' scale. The Conceptual (I 0%) Plans will be prepared using aerial photographs
derived from a City of Renton flight conducted in 2012 as the basemaps. Consequently, they will have a
lower level of detail than typical roadway plans.
7.I Transit Facility Paving and Channelization Plans (two (2) sheets)
The CONSULTANT will prepare and submit to the CITY Conceptual (10%) Paving and Channelization
Plans for the project. These plans will illustrate the project footprint of the proposed transit facility.The
CONSULTANT will make recommendations for conceptual (10%) right-of-way needs from these plans,
with final determination to be made by the CITY. No existing utility features will be included, unless
available from the City's GIS system.
7.2 Conceptual (10%) Transit Facility Opinion of Cost
The CONSULTANT will prepare and submit to the CITY a Conceptual (I 0%) Opinion of Cost for the
proposed transit facility based on the Conceptual (I 0%) Transit Facility Plans, and will include allowances
for acquisition of right-of-way. The opinion of cost will be based on unit prices, and incorporate a 35%
contingency to account for the level of completeness of plan preparation, and to reflect past experience
on similar projects within the region.
The CONSULTANT will prepare and submit to the CITY a draft set of the Conceptual (I 0%) Transit
Facility Plans and Conceptual (10%) Transit Facility Opinion of Cost for review and comment by CITY
staff. CITY staff will consolidate all comments into one (I) package for response by the CONSULTANT.
The CONSULTANT will prepare a proposed response to each comment received, and then conduct one
(I) meeting with CITY staff to reconcile any outstanding comments. After reconciling comments at this
meeting,the CONSULTANT will prepare and submit a final set of Conceptual (I 0%)Transit Facility Plans
and Opinion of Cost.
Deliverables:
• Draft Conceptual(I 0%)Transit Facility Plans(half size, I"=40'scale)and Conceptual (I 0%)Transit
Facility Opinion of Cost, in electronic PDF format and five (5) hard copies, delivered by US Mail.
• Final Conceptual (I 0%)Transit Facility Plans(half size, I"=40' scale) and Conceptual (I 0%)Transit
Facility Opinion of Cost, in electronic PDF format and five (5) hard copies, delivered by US Mail.
Task 8— BNSF/UTC Input
In order to extend N Park Avenue BNSF will require a construction and maintenance agreement with
the CITY for an at-grade crossing of their right-of-way and rail tracks. This task will focus on supplying
the required information for the agreement. For this phase, the CONSULTANT will perform the
following tasks:
8.1 The CONSULTANT will organize and attend one meeting with BNSF and UTC representatives
on site. This meeting will be to present the project's Conceptual (I 0%) Roadway Plans, and
project status, and to receive feedback from BNSF regarding the proposed project. It is assumed
that up to I additional one-hour meeting will be held with BNSF and/or the UTC involving up to
two (2) CONSULTANT team members at each of the meetings.
8.2 The CONSULTANT will assist the CITY in preparing a UTC at-grade crossing permit application
for submittal by BNSF.
8.3 The CONSULTANT will assist the CITY in preparing a Construction and Maintenance Agreement
between the CITY and BNSF together with a Permanent Easement for the railroad crossing.
Deliverables:
• Attendance of up to two (2) staff members for each BNSF/UTC Meeting.
• Meeting Agendas for BNSF/UTC Meetings, submitted via e-mail in MS Word format at least two
(2) days before each meeting.—Up to two (2) meeting agendas will be prepared.
• Meeting Minutes for BNSF/UTC meetings, submitted via e-mail in PDF format within three (3)
working days of the meetings.—Up to two (2) BNSF Meeting minutes will be prepared.
• Assistance in preparation of a UTC at-grade crossing permit application.
• Assistance in preparation of a Construction and Maintenance Agreement between the CITY and
BNSF.
• Preparation of a Permanent Easement for the railroad crossing.
Task 9—Design Report
9.1 Prepare Design Report
The CONSULTANT will prepare both a draft and a final Design Report for the project.The draft Design
Report will be circulated to CITY staff for review and comment. CITY staff will consolidate all comments
into one (I) package for response by the CONSULTANT. The CONSULTANT will prepare a proposed
response to each comment received, and then conduct one (I) meeting with CITY staff to reconcile any
outstanding comments. After reconciling comments at this meeting,the CONSULTANT will prepare and
submit a final Design Report.
In the Design Report, the CONSULTANT will document and summarize preliminary design information
for the proposed final design of the proposed improvements. The Design Report will identify the project's
design criteria on elements such as lane widths, design and posted speeds, intersection configuration, and
stormwater criteria.The Memoranda developed under other task elements will be included as appendices.
The Design Report will also document the public involvement process. The Design Report will consist of
the following elements:
Design Report Main Body Sections:
• Executive Summary, succinctly describing proposed improvements
• Project Background, Purpose, and Objectives
• Design Criteria, including:
o Design year
o Posted speed
o Design speed
o Design vehicle
o Geometric features
• Summary of Alternatives Considered (Reference Appendices)
• Summary of Traffic Analysis (Reference Appendices)
• Description of Proposed Improvements, including:
o Proposed roadway section
o Intersection configuration
o Pedestrian facilities
o Bicycle facilities
o Utility impacts
o Illumination
o Signals
o Landscaping
• Summary of Stakeholder Outreach Activities (Reference Appendices)
• Considerations for Final Design
Design Report Appendices
• Draft Alternative Plans (See Task 3)
• Traffic Analysis Technical Memorandum (See Task 4)
• Draft UTC at-grade crossing permit application.
• Draft Construction and Maintenance Agreement between the CITY and BNSF.
• Draft Permanent Easement for the railroad crossing.
• Collected Stakeholder Outreach Meeting Minutes, including:
o Meeting Minutes from all Stakeholder Coordination Meetings (See Task 5)
o Meeting Minutes from all BNSF Coordination Meetings (See Task 8)
Task 10 - Management Reserve
Additional services may be performed by the CONSULTANT at the request of the CITY, but only after
written authorization has been given by the CITY defining the Scope of Services to be performed.
ITEMS TO BE PREPARED AND/OR FURNISHED BY THE CONSULTANT:
I. See deliverables under each task.
2. Right of entry to Boeing and BNSF facilities
ITEMS TO BE FURNISHED BY THE CITY:
I. Copies of all previous studies and environmental documentation of the project.
2. Copies of plans, profiles, cross sections, field topographic survey notes or documents available to
the City that will aid in the preparation of the plans and studies within the limits of the project.
3. Additional traffic counts as needed.
4. Copy of the City's Synchro AM and PM models for the project area.
5. Output from the City's Traffic Demand Model for the base and forecast 2040 years.
6. As-built information of existing plans
7. Digital orthophotography with datum statement and survey control points used.
8. 2040 PM Peak hour intersection traffic volumes for traffic analysis.
9. Meeting rooms for public meetings.
10. The CITY will be responsible for the printing, postage, and mailing of information to the
community.
I I. The CITY will provide relevant local land use and zoning documents.
12. The CITY will provide relevant digital maps available through the City's GIS including but not
limited to: I) existing land use, 2) Comprehensive Land Use Map, 3) zoning map, 4) aerial
photography, 5) utilities, and 6) other maps as applicable.
DESIGN CRITERIA:
The CITY will work with the CONSULTANT to develop the basic premises and criteria for the design.
Reports and plans, to the extent feasible, will be developed in accordance with the latest edition and
amendments of the following:
I. AASHTO 2010, "A Policy of Geometric Design of Highways and Streets."
2. WSDOT, "Standard Specifications for Road and Bridge Construction."
3. WSDOT, "Design Manual."
4. WSDOT, "Materials Laboratory Outline."
5. WSDOT, "Construction Manual."
6. WSDOT, "Local Agency Guidelines."
7. Highway Research Board's Manual entitled "Highway Capacity."
8. FHWA and WSDOT, "Manual on Uniform Traffic Control Devices for Streets and Highways."
9. Standard drawings prepared by City of Renton and furnished to the Consultant will be used as a
guide in all cases where they fit design conditions and where no City of Renton standard drawings
are applicable;WSDOT Standard Plans will be used as a default.
10. AASHTO "Guide for the Development of Bicycle Facilities."
I I. AASHTO 1993 "Guide for the Design of Pavement Structures"
12. I I. WSDOT Highway Runoff Manual
I 3. 12. WSDOT Hydraulics Manual
14. King County Surface Water Design Manual
I5. 2012 Department of Ecology Stormwater Management Manual for Western Washington
I6. City of Renton Municipal Code
Exhibit B
DBE Participation
No DBE Participation
AgreementNumber: CAG-17-082
WSDOT Form 140-089 EF Exhibit B Page 1 of 1
Revised 10/30/2014
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
Standard: City of Renton Survey Control Network and Standards, 2000
Format: Autodesk,AutoCAD Civi13D, Note: Consultant's version shall be compatible with City of
Renton's version, at the time of submission of deliverables. Far 2015, City of Renton version is AutoCAD
Civi13D 2015.
Transmission: Compact Disk, DVD and/or Flash Drive
B. Roadway Design Files
Standard: Washington State Department of Transportation, Local Agency Guidelines, December 2015
Format: Autodesk, AutoCAD Civi13D, Note: Consultant's version shall be compatible with City of
Renton's version, at time of submission of deliverables. Far 2015, City of Renton version is AutoCAD
Civi13D 2015. Adobe pdf for plan sheets and/or roll plots.
Transmission: Compact Disk, DVD and/or Flash Drive
C. Computer Aided Drafting Files
Standard: City of Renton Drafting Standards for Road, Bridge and Municipal Construction, 2004
Format: Autodesk,AutoCAD Civi13D,Note: Consultant's version shall be compatible with City of
Renton's version, at the time of submission of deliverables. For 2015, City of Renton version is AutoCAD
Civi13D 2015. Use sheet border and title block as provided by the City of Renton.
Transmission: Compact Disk, DVD and/or Flash Drive
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit C Page 1 of 4
Revised 10/30/T014
D. Specify the Agency's Right to Review Product with the Consultant
Agency retains the right to review all deliverables listed in the Scope of Work as shown in Exhibit A.
E. Specify the Electronic Deliverables to Be Provided to the Agency
See Exhibit A.
F. Specify What Agency Furnished Services and Information Is to Be Provided
See Exhibit A.
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 10/30/2014
II. Any Other Electronic Files to Be Provided
See Exhibit A.
III. Methods to Electronically Exchange Data
E-mail, Compact Disk, DVD and/or Flash Drive.
WSDOT Form 140-089 EF Exhibit C Page 3 of 4
Revised 10/30/2014
A. Agency Software Suite
Compatible with Microsoft Windows 7, Microsoft Office 2010
B. Electronic Messaging System
Compatible with Microsoft Office Outlook 2010
C. File Transfers Format
Compatible with Adobe pdf, ZIP files, Microsoft Office: Word(2010), Excel (2010),Project(2010),
PowerPoint(2010), Publisher(2010)
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 10/30/2014
Exhibit D
Prime Consultant Cost Computations
See Exhibit "D" on following page.
AgreementNumber: CAG-17-082
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Revised 10/30/2014
Exhibit"D"
Consultant Fee Determination Summary � P�R�'EET
2707 Colby Avenue,Suite 900,Everett,WA 98201�P 425.252.7700
Project:N Park Avenue Extension
Client:City of Renton
Hourly Costs Plus Fixed Fee Estimate
Classification Hours Rate Amount
Principal 107.00 79.52 $8,509
Sr.Associate 52.00 54.86 $2,853
Sr.Engineer/Mgr 285.00 58.71 $16,732
Engineer II 431.00 32.03 $13,805
Lead Technician/Designer 90.00 34.67 $3,120
Professional Land Survey II 8.00 40.80 $326
Accountant 6.00 33.08 $198
Clerical 32.00 19.33 $619
Total Direct Salary Costs 1,011.00 $46,162
Overhead @ 183.94% $84,911
Fixed Fee @ 32.00% $14,772
Total Labor Costs $145,845
Reimbursables
Exoenses Amount
Traffic Counts/Parking Invent. $1,200.00
Reproduction-Reimbursed $150.00
Total Expenses $1,350.00
In-House Costs Qty Rate Amount
Mileage-$.535 300 $0.535 $160.00
CADD/Computer 82 $10.000 $820.00
GIS 8 $15.000 $120.00
Total In-House Costs $1100.00
Other
Management Reserve $11,360.00
Total Other Costs $11,360.00
CONTRACT TOTAI $159,655.00
Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have
multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee
compensation is subject to adjustment in June of each calendar year.
Prepared By: Peter G De Boldt Date: April 11,2017
�'` PERTEET
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'�.SUItMARY
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Washington Stata
�� Department of T�ansportation Memorandum
June 15,2016 �
' TO: Erik Jonson,Contracting Services Manager
FROM: Schatzie Harvey,Agreement Compliance Audit Manager��
� , SUBTECT: Perteet,Iac.Indirect Cost Rate
for Piscal Year Ended December 31,2015 _
We are accepting the Perteet,Inc.proposed rate of 183,44%of direct labor for t�e above
. referenced f scal year based on onr risic assessment process(rate inciudes 0.21% ' �
Facilities Capital Cost ofMoney}. Perteet provided a FHWA Certifcate of Final Indirect
Costs indicating all costs included in#he indirect cost rate schedule aze ia compIianee
. with Federal Acquisition Regulations(FAR),Subpart 31.We did not complete a review '
for tIus firm. '
Costs billed to agreeinents will stiIl be subject ta audit of actual costs,based on the ferms �
� and conditions of the respective agreement. � . �
This was not a cognizant review. Any other entity contracting with the f�rm is
• respansible for determining the acceptabiIi#y of the Indirect Cost Rate.
If yau have any ques#ions,feel$ee to call me at(360)705-7006,or via email at
haivevs cr wsdot.wa.eov ' ' i
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�,,� t'�ep��tt�tment of Transportatic�rt a�o���pan��w���s.�.
Qa.aa�a��o
Cynn Petersan a.w�t 9�ssb�a-73°�
Sec;reta of Trans ttatiu�� ;�6tt-7t�5-7041(3
� P� TfY:i-B�tQ-8�3-6�88
tiv',�aa_w°�do'_w8.gov
Jur�e 1(,. �(llb
Perteet. ix2c:,
270? C`Qlby Avinue, Suit��t�O
�verett, W A 982U 1
Subje�C: .Acceptance �YE 2t�15 IC'E�— Audit C?f�ir.e R�vi�a�
D��r Deni�e Mt�an:
"I�ran�n�itied herewitJl is the W'SI.1C)`(' Rudit t�t�c�;'s �ne�ac� of-"Ac�ceptar�c�" of�yc�ur
f�irzn's FYE 20l S lndirc:ct C'ost Rate (ICR) c�f !�3.94°�ti. Your It R acceptance is in
accard�nce�vif�h�3 C`I�R 17Z,'7 dncl must �ie upd�eteci c�n an annu�l basis. This rate ti�°ill
be applict�ble fc�r:
� 44`SUO�I��A�rcer�lents
� Ltacal A��nc}�C'c�nirs�cts in �'a�hin�t�at��atate only
Casts l�illeci tc� a�rec�xaer�ts:'cr�ritracts i��ill still �e subaect tca auc�it ��f ac,tual c«sts_ 1���.��d
��n the term�and ccjnc�itii?ns c�ftltt;res�ectiti�e����reement'ccantract.
Thi� c��a.� nc�t a �c�,�liz��t revi�ti��. An�� other cntity contraetin� 1�rith your �rm is
r��pc�nsi�►l�for dctenninin�the acc��tabiEzty c�>fthe fCft,
If you ha��e arty� que�tic�ns. f�cl t�rec [t� c.��rataet aur ��f�iic �t (�ErO) 7C}�-7t(k9 ��r �•i��
�.inail ce�r��uliantr�ates!c%w:;t�<�st.w�a.�c�v. �
Re�ards;
.
k. J(JNSn�t
ana�er, Cc�n5ultant Ser�xice�:()ffi�;�:
EKJ.kms
A�,we}�s�m:c[t'R Audaa C)liiec Reeiv�
Perteet,Lic.
� Indirect Cost Rate ScheduIe
' � For the Year Ended December 31,2015
Financial
. Statement � Accepted
Description Amouttt Perteet Adj. Ref. �o�t %
Direct Labor $3,257,30Q $3,257,300 1�0,00%
Indirect Cos�;
Fringe$enetits .
Vacation,Sick,&Holiday $b67,205 $667,205 20.48%
• Pay�'ou Taxes 543,951 . 543,95I 16.70% �
Health Insutance• 486,065 486,065 14.92%
Profit Sharing(401k) 231,554 231,554 7.11%a
Proftt Sharing{ESOP) - 224,000 224,000 6.88%
Fringe Benefit Adjustment - ($1,343) O (1,343).� -0.04%
Total Fringe Benefits • $2,152,775 ($I,343) ' $2,151,432 66.05%
� - GeneralOverhead • �
EmpIoyeeIncentives/Bonuses $184,901 ($10,385) D $174,516 5.36%
Indirect Labor 1,171,618 (4,053)' R 1,167,565 35.84% � �
All HOuts Offset {132�833) (132�833) -4.fl8%
. Bid&Proposal Labor • 777,022 (3,115) A 773,907 23.76% .
Auto Expense . 113,284 (45,415) B • b7,869 2.08%
Bank 8t Service Fee 3,722 (3,011) C 712 0.02%
� Communications � , 115,569 115,569 3.55%
Compvter Expenses 257,966 - 257,966 •7.92% ' �
Conferences&Meetings 14,891 {3,390) R 11,501 0.35% .
Copier Expense 68,597 ' 68,597 • 2.11%
Depreciation-Book Basis 70,I45 " 7Q,I45 2.15% .
Dues&Mem6ecships ' 24,943 (9,783) E 15,160 0.47%
Entertainment 14,696 (I4,696) F - O.pp% , '
Tnsurance . � 94,742 94,742 2.91%
. Licenses&Fees 3,313 ' 3,313 0.20% :
_ Meals � 18,176 (16,900) G 1,276 O.Q4%
Miscellaneous 2,405 (2,306) S 99 0.00°/a
Outside Services 19,870 . 19,870 0.61%
Payroll&Benefit Processing 12,695 12,695 0.39°h , .
Postage&Delivery Services 5,582 5,582 Q.17%
Professional Services � 1 I7,931 1 I7,931 3.62%
. Reciuiting � 1,812 (498} S 1,315� 0.04%
Rent b91,952 (37,233) P 654;720 20.10% .
Repairs 8t Maintenance . � 335 335 0.01%
Repcoduction 1,338 (40) S I,298 0.04%
• . Seminars&Training � 33,635 (105) R 33,530 1.03%
' Staff Funcdons . 16,584 (16,584) I - 0.00%
Subscriptions&Pubtications 7,228 . 7,?�8 pZ2% �
Supp{ies , 60,426 (2,407) Q 58,020 , I.78%
Page l
. • Certtfication of Ftnaf Indirect Costs �
Ffrm Name:Parteat,inc. -
Indirect Cost Rate Propnsal:�e3.sa
�ate of Praposal Preparation(mm/dd/yyyy):rnayae,2ot6
Fscal Period Gavered(mmldd/yyyy to mMdd/yyyy):1/1/20i5-12/31l20t5 ,
• !,the undersigned,certi(y thaf i have reviewed ihe propflsa!fo establish flnal indirect cost rates
for the Bscal perlod as speciBed above and lo!he best of my(cnowiedge and belief.•
� i.),41/casEs fncluded�n this proposa!to esia6/ish flnallndireat costrates are allowable►n
accordanca wlth the cosf principles of 1he Federal Acquisftian Regulatiens(FAR)of tifle 48, i
Cade ol Federa!Regulatians(CFR),parf 3�. �
2.).This proposal does nai lnelude any costs whlch ere expressly una!lowable under fhe cost �
principles af the FAR of 48 CFR 37. '
Af!known materia!iransactrons or eve►�is�hat have ocaurred affacfing the fJrm's ownership, ' •
. organization and indirect cost rates have been disclosed . � �
Signature:
� . ;
Rlame of Certifying Officiat'(Print):Crystal L.Donner �
� Tit18: Prestderl�lCEO •
� Date of Cewfication(mm/ddlyyyy);May 26,2pi6
;
� -
. � E
i
'The"Cerlifying Official°must be an individual execut'sve or flnancial officer of the firm at a leve! � � E
no lower tl�an a Vice Presideht or Ehief Financiat Officer,or equivatent,who has the authority to �
represent the ilnancial h�formatJon utilfzed ta establish 1he tndlrect cost rate F��use underAgerlcy �
' _ aontracts. • =
. . _ ;
: Rei.FHWA directive 4470.1A available on line at: �
' hii ://www.fhw do, ov/le s eos/directiveslorders/447Qia.hlm � •
�
. � `:
I,
. i
O!H Certification;Nov 2010 . `•
I
' ti
i
!
• Perteet,Inc.
Indirect Cost Rate Schedule .
For the Year Ended December 3I,2015 _
Financial • �
, • • � Statement Accepted
' Description �Q�t perteet Adj. Ref. �aw1t % •
Travel&Lodging 31,474 (5,292) J 26,181 0.8U% ' �
. Advertising • 9S (95) A - 0.00%
BadDebtExpense 'd- � (Q) � - 0.00% -
Contributions � 6,671 (6,671) K - Q.00% ,
GiBs 1,725 (1,725) L - • 0.00%
. Interest � . 34,890 (34,890) M - 0.00%
Sponsorships 14,230 (14,230) N - 0.00% �� .
Taxes-Business&c Propecty .• 237,089 237,089 7.28%
Gain(I.oss)on Disposal ofAssets - 2,821 . • 2,82I 0.09%
• LesS:Offsets for D'uect Costs (35,SI5) (35,515) -1.09%
Total Fringe and General Uverhead $4,066,027� ($232,823) $3,833,205 117.b8%
Totai Indirect Costs $6,2F8,802 ($234,165) $5,984,637 183.73%
• Tndirect Cost Rate(Less FCC1Vn 190.92% 183.73%
Facilifies Capital Cost of Money $6,798 $6,798 0.21% .
. . $6,218,802 $5,99I,435 55,991,435 .
Indirect Cost Rate(Inc.luding FCC.'M) Zg3,yqo/a• � '
.. � .
Pertee�Inc.-Accepted by BC 6/14/I6 ' �
' ' "Indirect Cost Rate sttll subJect to WSDOTAudit'�
References . , • � , .
Perteet AdJustments: . . ,
• A Advertising and I.egal Expenses not allowed.48 CFR 31.205 _
. B Personal commute unaUowable per 48 CF'R 31.2U5-6(m)(2):$7,495 - � .
Auto allowance not allowable,Auto Allowances,$15,6001ess$5,400 Companyuse portion
Parking of personal vehicles unallowable per 48 CFR 31.205-6,$27,720 • •
C Bank Interest and Fees for credit unallowable per 48 CFR 31".205-20 and 31.205-15.
D Annivcrsary Bonuses not performance based($10,385);deemed unallowable per 48 CFR 31.205-6(�
E Lobbying costs unallowable per 48 CFR 31.205-22. .
F Entertauunent costs vnallowable per 48 CFR 31.205-I4.
G Local meals unallowable per 48 CFR 31.205-46(a)(2)(i) .
� I Stafffunctioa expenses unallowed per 48 CFR 3I.205-14 •
J Tiavel Expense not a[lowed 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-�3(b), '
M Interest unallowable per 48 CkR 31.205-20. . �
: N Sponsorships for events whose purpose is not technical or stimu}ation of production is unallowed under 31.205-1(�(3)
0 Fringe benefits associated with unallowable advertising laboc unallowable per 48 CFR 31.205-1 and 31.201-6.
P Sublease amovnt nceived for SeattSe Office Space 48 CFR 31.205-3b(b)(3)common control
r ' .
Page 2 .
- � Perteet,Inc. �
. Indirect Cost Rate Schedule • • �
. . For the Year Ended December 31,2015
Financial
� • � Statemeni Accepted -
Description Amount Perteef Adj. Ref. Amount • %
Q Disposable Supplies CM and Survey supplies,party supplies unallowable 48 CFR 31.205-13 •
R Scholarship 8t Award Gala wsts and labor unallowable per 48 CFR 31.201-2 and 31.205-14 '
. Social activities costs and labor aot altowed per 31.205-14 �
S Promotional Materials/Bmchures unaliowable per FAR 31.205-1 .
. Page 3
WSDOT LocalAgency Guidetines-Consuitant Fee Catculafian Worksheet
Project Name: North Park Avenue Extension
Client: City of Renton
Perteet Project No.: 20160266
Weighted Guidelines
Factor Rate Weight Vatue
Oegree of Risk 25 G 32 8
Relative Difficulty o!Work 20 p.32 6.40
Size of Job 15 0.34 5.09
Period af Performance 15 0.30 4.51
Assistante by the Agenty 15 0.32 4.80
Subconsuitting 10 0 3q 3.Q0
otal 32
�ased o�tt� ��..rc,;m;�� ->rv «;;..r agrerment andlQr xu p:ment.racr�.a`tnc atao.�factvrs sb34���.be we��ghtNd from 17 sb 35 ax�nd�cated bel�w The
va%uc shai�bc ub:a�ned Cy mal2:p:y�ng the rate by the we�g�t Tne vair;e column,then totated,+nd�cate the�arr and reasunabEe tixed tec and/ar prof+C
percentage ot the d�rect t��aw��abor costs fnr che agreemeat and/a�supptement
Degree of Risk
Where the des:gn�nvo'�e�x rro r,zk or the degree o�nsk is very smaH the weigh6ng should he �7,as the degree of risk inereases,C�e weigh;fng should he
intreasezl uA ro a maximum ot ;y pgrzpmen¢s w�th oot�o�rs wd(have,senzralty,a h�ghef we=ghtcd ratut trian contracts vnthaat optionz for wh�th quantittes
are provided.Other thi�as to coasrder.aature of design,responsibil�.ty foc design reasortablr.nest of npgotigted costi,amouni,and tppe ot labtu Rnduded m
cosu,amou�t of ezecut�ve managemer+t/pririclpal time requ�red
Numerous optioos are under considerallon,high degree ot ten�pr mvuWemeot because of eomplexity of the
PeReet romment: �Umber al stakehoiders�nvulved
Kelative Difficulty of Work
If the devgn is most dVfficali and compiex,the weightmg should be 39 and should be proporbonatety reduce0 to.17 pn the s�mpiest ot Jobs.Tbn factor is
aed�n,to some extr.nt,wrtb tfie Oeg�ee of nsk.Some things to cons�dec the nature ol the design,what is the time schedule;etc..;and�phabil�tahon of new
wotk
Compiex because of the number oi xtakphalders,and uncanaen�tY as ta what solutlon wdt be actpetabie to all the
Prrteet eor+;mc�t. P�rt�es keeds[o be coao{eted quickly
Size of Job
AIi agreemeni(estimated�tatai iosb less S 100,000 sha41 be weighted at.35 The fixed fee perceotage shpuid be proportionueiy weighted for those pro�ects
Detween 5300,OW and 55,000,000 may be proport<onate4y weigbted trpm.3d to.21 Agreements tron�SS,OOO,b00 to$10.000,OQ0 may be propart�onateiq
we��.ghted Iram 1]tn.37 and wo+4�tr e.texs oi SSQ,MO.O�JO at 17
AntKrpoted sue o;jotr $ 130,040
Period of Performance
Agreemants andJor supp[ements Yhat are T d months or fonger,are to be welghted xt.35 Agr¢emenu of Iesser duraiwn are Tn ba pruport�onatety weigbted
ta a m,eimum of 17 for wo�ic less ti+an two(2j monch;
An[�opatrd Penad oJ Pe�f��mance- Ig Assumec ehar p�ofect w,ii rontrn�3e rn n�rt pAase.
Assistance by ihe Agency
To be weighted hom 35 9e those s+tuatio�s where few rte^'�.s are prov�ded by the agcncy ta t l�.n those srtuaUons where th�age�±cy pruv�des many rtems
Things to cons�der;�z3sung dts�gn ar plans,mapp�ng.Guan,�ues wrveys,geotechn�cai�r+tormauoo,etc
pniy�tems to bc DGomded bv thx C,tY are cx�st+ng EraH�c caunts,and part af thr.SyAerho
Perteet rommrnt �.�Z m�o��
Subconsulting
io be we�ghted In prapOrtlon to the amount of su6�consolt�ng W her�4p pe{ceot os mo�e o(the Ces+gn a to be contratted.the we�gM�nQ is tu be 35 a�d '�
such we+ghting prppQ��flnace#y decreaxed to 17 wh�re a{E Chr design�s pe�fo�med by the Cortcu�ta�t's aw�forces 'i
Pertmt oJdeseqn ror.tracted 1094i �
Exhibit E
Sub-consultant Cost Computations
There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub-Contracting"of this AGREEMENT.
No sub-consultants have been identified in this agreement.
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit E Page i of 1
Revised 10/30/2014
Exhibit F
Title V/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 retention
of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in 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 perfarmed
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 the
REGULATIONS or directives issued pursuant thereto, and sha(I permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in 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 CONSULTANT
complies, 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. Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit F Page 1 of 1
Revised 10/30/2014
Exhibit G
Certification Documents
Exhibit G-l(a) Certification of Consultant
Exhibit G-1(b) Certification of City ofRenton
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
Exhibit G-4 Certificate of Current Cost or Pricing Data
AgreementNumber: CAG-17-082
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the Vice President and duly authorized representative of the firm of whose address is
505 - Sth Avenue South, Suite 300, Seattle, WA 98104
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an eXpress or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
far me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the City of Renton
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.
Perteet, Inc.
Consultant(Firm Name)
April 11, 2017
Signature(Authorized Official of Consultant) Date
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Ezhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-1(b) Certification of City of Renton
I hereby certify that I am the:
�❑ Certified Authority
❑ Other
of the , and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ ar retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be furnished to the
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.
/� �3��
ignature Date
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph(1)(b)
of this certification; and
D. Have not within a three(3)year period preceding this application/proposal had one or more public
transactions (Federal, State and local)terminated for cause or default.
IL 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.
Perteet, Inc.
Consultant(Firm Name)
f'�i April 11, 2017
Signature(Authorized Official of Consultant) Date
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty ofnot less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly.
Perteet, Inc.
Consultant(Firm Name)
April 11, 2017
Signature(Authorized Official of Consultant) Date
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data(as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing,to the Contracting Officer or to the Contracting Officer's
representative in support of N. Park Ave. Extension * are accurate, complete, and current
as of April 11, 2017 **.
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: Perteet,Inc.
Vice President
Signature Title
Date ofExecution***:
*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.)
**Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
AgreementNumber: CAG-17-082
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Not Applicable
' 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.
AgreementNumber: CAG-17-082
WSDOT Form 140-089 EF Exhibit H Page 1 of 1
Revised 10/30/2014
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note:The Director of Public Works or Agency Engineer may appoint an
agency staffperson 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 pocuments the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements.No further action is required.
• There is not a mutual agreement regarding the al leged consultant design errar(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit 1 Page 1 of 2
Revised 10/30/2014
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached,the agency and consultant adjust the scope of work and costs
to refiect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: CAG-17-082
WSDOT Form 140-089 EF Exhibit 1 Page 2 of 2
Revised 10/30/2014
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. Ifthe consultant's claim(s) are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total$1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager.The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultanYs 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 ar 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.
AgreementNumber: CAG-17-082
WSDOT Form 140-089 EF Exhibit J Page 1 of 2
Revised 10/30/2014
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Worlcs 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.
AgreementNumber: CAG-17-082
WSDOT Form 140-089 EF Exhibit J Page 2 of 2
Revised 10/30/2014