Loading...
HomeMy WebLinkAboutContract CAG-17-149 Local Agency A&E Professional Services IUegotrated Hourly Rate Consultant Agreement Agree�nent Number: CAG 17-149 Firm/Oryanization Legal Name(do not use dba's): KPG, P.S. Address Federal Aid Number 3131 Elliott Ave Suite 400, Seattle, WA, 98121 UBI Number Federal TIN or SSN Number 601248468 91-]477622 Execution Date Completion Date Decembcr 31, 2020 1099 Form Required Federal Participation ❑ Yes Q No Q Yes ❑ No Project Title Connecting Downtown Renton Improvement Project - Phase 2 (Wells/VVilliams) Qescription of Work The Project will design and construct the following im�rovements: l)New concrete raised intersections at Wells Ave S/S 2nd St, Wells Ave S/S 3rd St, Williams Ave S/S 2nd St, and Williams Ave S/S 3rd St, 2)New chan�lelization on Wells nve S and Williams Ave S from S Grady Way and N ]st St to accammodate the two-way conversion, 3)New Bicycle Boulevard on Wells Avenue S betwecn }-1.ouser Way S and the Cedar River Trail, 4)New traffic signal systems at the intersections of Wel ls Ave S/S 2nd St, Wells Ave S/S 3rd St, Williams Ave S/S 2nd St, and �'��illiams Ave S/S 3rd St, and revised traffic signal at tlie Willian�s Ave S/S Grady Way intersection, 5) New wayfinding and signage ❑ Yes Q No DBE Participation Maximum Amount Payable: $381,919.]8 ❑ Yes QQ No MBE Participation ❑ Yes ❑� No WBE Participation ❑ Yes Q No SBE Participation Index of Exhibits �xhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Fxhibit D Prime C'onsultant Cost Computations �xhibit F, Sub-consultant Cost Computations Exhibit l�' "1'itle VI Assurances Exllibit G Certification Documznts Fxhibit H Liability Insiu•ance lncrease Exhibit I Alleged Coi�sultant Design Error Procedures I�xhibit J Consultant Claim Procedures Agreement Number: CAG 17-149 Local Agency A&E Professional Services Negotiated Hourly Rate Consu/tant Agreement�� � Page 1 of 14 Revised dH0/2015 THIS AGREEMENT, made and entered into as shown in the "Execution llate" box on page one(1) of this AGREEMENT, between the City of Renton hereinafter called the"AGENC�;" and the "Firm/Organization Name" referenced on pagc one (l) af this � AGREEMENT, hereinafter called the "CONSULTANT." WH�;R�;AS, the AGENCY desires to accomplish the work referenced in "llesc��iptio�l of Work"on page one (1) of this nGREFMF,NT and hereafter called the "SERVICES;"and does noi have sufficient staff to meet the required co�nmitmcnt and therefore deems it advisable and dcsirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and W}�F,RFAS, the CONSULTANT represents t11at they comply with the Washington Stat.e Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consultin� services to the f1GENCY. NOW;THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attacl�ed and incorporated and made a part hereof; the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described S�RVIC�;S as herein defined, and necessary to accomplish the completed work for this project. 'The CONSULTANT shall furnish all services, labor, and related equipinent and, if applicable, sub-consultants and subcontraetors necessary to conduct and complete the SERVICF,S as designated elsewhere in this nGRF;F,MENT. II. General Scope of Work The Scope of Work and pro.jected level of effort required for these SERVICES is described in Exhibit"A"attached hereto and by this reference made a part of this AUREEMENT. The Ueneral Scope of Work was developed utili�ing perfarmailce based contracting methodologies. III. General Requirements All aspects of�coc�rdination of the work of this AGREF,MENT witl� outside agencies, groups, or individuals shall receive advance a�pr��val by the AGENCY. Necessary cc�litacts and ineetiugs with agencies, groups, and/or individuals shall be coordinated tllrougll the AGENCY. The �ONSULTf1NT sh�ll attend coardination, pragress, a�1d presentation meetings with the AGENCY and/or such State, FederaJ, Coinmw�ity, City, or Goui�ty officials, groups or individuals as nlay be rec�uested by the AGENCY. The AGENCY will protiide thc CC}NSUL"LANT sufficient notice prior to meetings rtquiring CONSULTANT participation. The minimum required hours c�r days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Fxhibit"A." The CONSULTANT shall prepare a monthl�� progress report, in a form approved by the AGENCY, which will outline in written and graphicai form the various phases and the order of perforinance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONS�UI:I`ANT, any si�b-eonsultants,�nd the AGENCY shal� comply with all Federal, Slate, and local laws, rules, codes,regulatic�ns, and all AGENCY policies and directives, applicable to the work to be perforn�ed under this AGREEMENT. This AURF,EMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Numb�r: CAG 17-149 Local Agency A&E Professiona/Services Negotiated Hourly Rate Cansultant Agreement �� Page 2 of 14 Revised 4/10/2015 Participation for Disadvantaaed Business Entcrprises (DBE) or S�Zall Business Enterprises (SBE), if required, per 49 CFR Part 26, sha11 be shown on the heading of this AGREEMFNT. If DBE firms are utilized at the commencen�ent of this AG�RF;F.NIENT,the amounts authorized tc� eacl� firm and their certi ficalion number will be shown on Rxl�ibit "B" attached hereto and by this reference inadc p�rt of this AGRE�MENT. If the Prime CC)NSUi;I`ANT is a DBC certified firm they must comply with the Coinme�•cial tlseful Function (CUF) regulation o�itlined in the AUCNCY's "llBE Pi•o�ram Participatio�l Plan" and perform a minimum of 30% of the total amount of this AGREEMENI�. It is recommended, but not required; that non-DBE Prime CONSULTANTS perform a minimtilm of 30% of the total an�olmt of this AGR�EMEN"T. The CONSIJLTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid�t� all DBE firms invoicecl for this AGREEMENT. All Reports, PS&E materials, ai�d other data fui•nished to tl�e CONSi1LTANT by the AGENCY shall he returned. All electronic files, prepared by the CONSIIL7�'ANT, must meet the requireinents as outlined in �xhibit"C— Preparation and Dclivery of Electronie Engineering and other Data." All designs, drawings, specifications, doeuments, and other work products, iilcluding all electronic files, prepared by the CONSt1I.TANT prior to completion or termination ol'ihis AGKF,EMENT are iilstruments of�service for these SFRVICCS, and are the pro�aerty of tlle AGENCY. Reuse by the AGEN�CY or by others, acting through or �n behalf of the AGENCY of atry such instruincnts of service, not occurring as a part of this SI:RVICE, shall be without liability or legal exposure to the CONSUI;TANT. flny and all notices or requests required under this AGREF,IVIENT shall be made in writing and sent to the otl�er pai-ty by (i) certified nlail, return re�ceipt requestcd, or(ii) by email or facsimile, to the address set fortli bel�w: If to AGENCY: If to CONSULTANT: Namc: Keith Woollcy Name: Jason I�rit�ler Agency: City of Renton Agency: KPG Address: City Hall - Sth Floor, 1055 S Grady Way Address: 3131 Elliott Ave Suite 400 City: Renton State: WA 7,ip: 98057 City: Seattle State: WA Zip: 98121 Email: kwoolley cCr�,Rentonwa.gov EmaiL• jason(c7kpg.canl Phone: 425-430-7318 Phone: 253-627-t)720 Facsimile: 425-430-7367 Facsimile: 253-627-4144 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 AGF,NCY. All work under this AGKI?F,MENT shall conforna to ihe criteria agreed upon detailed in the nGREEMENT documents. Thcse SERV[CCS must be completed by t11e date shown in the headin� of tl�is AGREEMENT titled "Completion Date," Thc estab�lishcd completion time shall not be extended becausc oi�any delays�ttributable to the CONSUI7nNT, but may be extended by the AG�ENCY 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 bey�ond the control of the CONStJLTA1�rT. A pri�r supplemental AGRE�;MENT issiied by the AGENCY is rcquired to extend the established con�pletion time. Agreer��entNumber: CAG 17-149 Local AgencyA&E Professional Services Negotiafed Hourly Rate Consu/tantAgreement �� ��TTnµ�Y�����{_._____Page 3 af 14 Revised 4/!0/2�15 V. Payment Provisions The CONSUL"TANT shall be paid by the AGENCY for completed SERVICCS rendered under this AGREEMENI` as provided hereinafte�r, Such payment shall be full compensation for S�ERVICF;S �ei-formed c�r SERVICES rendered and for al1 labor, materials, supplics, equipment, and incidentals necessaiy to co�nplete SERVICES. The CONSULTANT shall eonform to all applicable portions of 48 CFR Part 3 l (v��v��u�.ecfi�.go��). A. �Iourly R�tes: Hourly rates are comprised of the following elements - I�irect(Raw) Labor, Indirect Cost Rate. and Fixed Fee (Profit). The CONSUIITANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Fxhibits °`D" and "E" attached llereto and by reference made part o:f this A(iRE�MENT. These negoliated hourly rates will be accepted based on a revicw of the CUNSUI:I`ANT's direct labor rates and indirect cost rate computations and a�reed upon fixed fee. The accepted rlegotiated rates shall be memorialized in a final written acknUwledgement between the parties. Such final written acknowledgement sha11 be incorporated iiito, and become a part of, this nGREEMENT. 'rhe initially accepled negotiate�d rates shall be applicable from the appl•oval date, as memorialized in a final written ackno�vled�ement, to l80 days following the CC)NSUI;I�N'T's fiscal year end (FYE) date. The direct (raw) labor rates and classifieations, as shown on l;xhibits "D"and"�" shall be subject to ren�goti�tions for each subseqizznt twelve (12) month p�;riod (180 days following FYE date to l80 days following FYE date) upon vrn�itten request of the CONSULT�NT or the AGF,NCY. Thc written request must be made to the otl�er party wit}�in ninety (90) da}�s following the CONSULTAN"I''s FYE date. If no such wrilten request is made, the currcnt direct (raw) labor rates and classi�ications as shown on Exhibits "D" and"E", will remain in effect for the twelvc(12) month peri�d. Conversely, if a timely request is made i�n the maimer set forth above, the parties will conimence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for thc twelve (12j moilth period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowlecigement shall be incorporated into, and hecome a p�rt of, this AGREEMENI: lf requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreenlent on the direct (raw)Iabor rates and classifications, the AUENCY shall perfo►•m an audit of the CONSULTANT's books aild records to determine the CONSUL"1'AN"1�'s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be applicable for the twelve� (l2j month period. The fixed fee as identified in Exhibits "D" and `B" shall represent a value to be applied throu�hout the Hf�e of the AGREEMENT. The CC)NSUI;I'ANT shall submit anm�ally to the AC'rENCY an updateci indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall bc included in the current fiscal year rates under this AGREEME;NC, even if%wl�en other components of the hourly rate are not renegotiated. These raies will be applicable far the twelve(12) month period. At th�AGENCY's option, a provisional and/or conditional indirect eost rate may be negotiated. This provisional ar conditional indirect rate shall remain in eftect ui.itil the updated indirect eost rate is completed and approved. Indircct cost rate costs incurred during tl�e provisional or conciitional period will noi be adjusted. 'The CONSLTLTANT may request an extension of the last approved indirect cost rate for the twelve (12) monfh period. These requests for provisional indirect cost rate and/or extension��vill be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgement. 1`he Ct)NSULTANT shall maintai,n and have accessible support data ftar verification of the components of the hourly rates, i.e., direct(raw) labor, indit•ect cost rate, and fixed fee (profit) percentage. The CONSIILTANT shali bill each einployee's actual classification, and actual salary plus indirect cost rate plus fixed fee. Agreement Number: CAG l 7-149 Local Agency A&E ProfessionaJ Services Negotiated Hourly Rate Consultant Agreement � Page 4 of 14 Revised 4/10/2015 B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSUI,TANT. These clzarges may include, but are not limited to, the following items: travel, pi-inting, long distance telepllone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless utherwise approved by the AGENCY. 1'he CONSULT�INT shall cornply with the rules and regulations regarding travel costs (cxcluding air, train, and rental car costsj in accordance with the WSDOT's Accounting Manual M 13-82, C.hapter 10—7'1•avel Rules anc� Procedures, and all revisions thereto. Air, train and t•ental card costs shall be reimbur•sed in accordance with 48 Code of Fcderal Regulations (CFR) Part 31.205-46 "Travel Costs."The billing for Direct Non-salary Costs shall include an itemized listing of the cl�arges directly ide�itifiable with tliese SERVICES. The CONSULTANT shall maintain t11e original supporting documents in their o�ffice. Copies of the original supporting doeuments shall be supplied to tlle STATE upan request. �-1ll above charges must be necessary for the SERVICES provided under this AC'rREEMFNT. C. Maximuin Anlount Payable: The Maximum Amount Payable by the AGF,NCY to the CONSULTANT under this AGR�EMENT sha11 r�ot exceed the amount shown in tl�e heading of this AC�R�EMEN"T on page one (1.) The .Maximilm Ainount Payable does not include payment for extra work as stipulated in section XI11, "Extra Work."No ininin�um amount payable is guaranteed under this AGRF,EMF,NT. D. M�ntlily Progress P�ymenCs: Progress paymcnts may be claimec] on a month]y b�sis for all costs authorized in A and B above. 'I'he iuonthly billings shall be supported by detailed stateinents for hours expended at the rates established in Exhibit "D," including names and cIassifications of a11 ernployees, and billings for all direct non- salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employecs, the�1GENCY may conduct enlployee interviews. These interviews may consist of recording the names,titles, salary rates, and present duties of those employces perforn�ing work on the SERVICES at tlle time of the interview. E. Final Payn�ent: Final Payment oi'any bala�lce due the CONSULTANT of the gross amount ear-��ed will be made promptly upon its verification by the AGENCY after the completion of the SERVICF.S under this AUREF,MEN"I', contingent upon receipt of all PS&E, plans, maps, notes, repoY•ts, electronic data, and othe�• related documents which are reql�iired to be furnished under this AGREF,MENT. Acceptance of such Fina1 Payment by the CONSULTANT shall constitute a relcase of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are speciiically reserved in writing and transmitted to the AGFNCY by the CONSUL�I'/�NT prior to its acceptance. Said Final Payment shall not,however, be a bar to any claims that the AUENCY may have against the CONStII;C�N'[�ol•to any remedies the AG1,;NCY may pursue with respect to such claims. The payment of any billing will not constitute agl•eement as to tile appropriateness of any item and at the timc of final audit all required adjustments will be made and reflected in a final payment. In the event tliat stich Cinal audit reveals an ovcrp�yinent to the CONSULTANT, the CONSUL'IANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of tl�e overpayment. Such refund shall not constitute a wa�ver by the CONSULTANT for any clainis retating to the validity of a finding by the AGF.NGY of overpayment. Per WSD�T's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures,"the CONStJLTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to tlie AGENC:Y for audit findings. F. Inspection of Cost Records: The CONSULT�IN'I'and their sub-coi�lsultants shall keep available for inspectic�n by representatives of the AGENCY and the United States, for a period of six (6j years af'ter receipt�af final payment, the cost records and accounts pertaining to this AGREEMEN"I'and all items related to or bearing upc�n these records with the following exception: if any litigation, elaim 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 reco,rds and aceounts shall be retained tmtil such litigation, claim, or audit involving the recards is completed. An interim or post audit may be performed on this AGREEMCNT. 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. Agrecmcnt Number: CAG 17-149 Loca/Agency A&E Professional Services Negotiated Hourty Rate Consultani Agreement� � � � T Page 5 of 14 Revised 4/ia/201.5 VI. Sub-Contracting The AGENCY permits subcontracts for those itenis of S�RVICES as shown in Exhibit"A" attached hereto and by this refel•ence rnade part of tliis AGREEMFN"1'. The CONSULTAN"1�shall not subcontract for the perfor�nance of any SF_,RVICI�; under this AGR�F,MENT without prior written permission of the AG�;N�CY. Na permission for subcontracting shall create, betw�en the AUENCY and sub-consuliant, any contract or any other relationship. Compensation for this sub-consultant SERVICES sl�all be based on the cost factors shown.on Exl�ibit"E"attachcd hereto and by this reference made part of this AGREEMENT. The SERViCES of the sub-consultailt shall not e�ceeed its maxirnum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct lab�r, indirect cost rate, direet non-salary costs and fixed fee costs for the sub-consultant shall be i�egotiated and substantiated in accorda�lce with section V "Payment Provisions"herein and shall be memoriali�ed in a fina] written acknowledgement between the parties. /�ll subcontracts shall contain ail applieable provisions of this AGREEM�NT, and the CONSULTANT shall require each sub-consultant or subcontractor, of aily tier, to abide by the terms and conciitions of this AG�REEMENT. With respcct to sub-cons�iltant payment, the CONSUI:If1N'1�shall comply with all applicable sections of the STAT�'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 i•ace, colar, national origin, or sex in the performance of this AUREEM�NT. The CONSU LTANT 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 AURFFMENT, which may result in the termination of this AGREEM�NT or such other remedy as the rccipient deei��s appropriatc. VII. Employment and Organizational Conflict of Interest "Ihc CONSULTANT warrants that they l�ave not em�loyed or retained any company or person, other th�n a bona fide employee working solely for the CONSUI:I�,AN'I; to solicit or secure this contract, and that it has not paid or agreed to pa}� any conlpany or person, other tlian a bona fide einpJoyee working solely for thc CONSULTANT, any fee, commission, percentage, brokcrage fee, gift, or any other coilsideration, col�tingent 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 f1GREEM�NT without liability or, in its discretion, to deduct from this AGR�;1?MEN1' price ar consideration or otherwise rtcover the full amount of such fee, comtnission, perccniage, �rokerage fee, gift, or contingcnt fee. Any and all employees of the CONSi 7LTANT or other persons while en�;aged in tlze performance of any work or services required of the CONSUI;T�NT under this AGREEMENT, shall be considered employees of the CONSULTAI�'r only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third parly as a consequence of any act or omission on the pai•t of the CONSULTANT's employees or other persons while so e,ngaged on any of the work or services provided tc� be rendered herein, shall be thc sole obligation and responsibility ofthe CUNSUL'1�1NT. The CONSi1LTANT shall not engage, on a full- or pal•t-time basis, or ather basis, during the period of this AGREEM�NT, any professional or technical personnel who are, or havc been, at any time during the period of this AUREEMENT, ii� the employ of the United States llcpartment of Transportation or tl�e AGENGY, eYcept regularly� retired employees, without wririen consent of the public employer of such person i'he/she will be working on this AGRE�MEN'1'for the CONSULT�NT. AbreementNumber: CAG 17-149 Local Agency A&E Professiona/Services Negotiated Hourty Rate Consu/tant Agreement � �� Page 6 of 14 Revised 4/?0/2015 VIII. Nondiscrimination During tlle perl-oemance of this AGREEMENT, the C�ONSULTANT, for itsel f, its assignees, sub-consultants, subcontractors and suecessors in interest, agrees to comply �vith the following laws and regulations: • "1'iCle�'i of the Civil Kights Act of 1964 • Civi.l Ri�llts Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V � 2000d (Public Law 100-259) thraugh 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Aet of 1973 (42 U.S.C. Chapter 126 � 12101 et. seg.) (23 i1.S.C. Chapter 3 § 32�) • 23 CFK Part 200 � • Rehabilitation Act of 1973 • 49 CFR Part 21 (24 U.S.C. Chapter 16 Subchapter V � 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • KCW 49.60.180 (42 U.S.C. Chapter 7fi § 6]O1 et. seq.) In relation to Title VI of ihe Civil Rights Act of 1964, the CONStJLTANT is bound by the provisic�r�s of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and sl�all include the attached �xhibit "F"in every sub-contract, including procurei7lent of materials and leases of equipnlent, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reser��ed by the AGhNCY to ternlinate this AGREEMENT�t any tiine with or without cause upon tcr� (10) days written notice to the CONSUI;I't�NT. In the event this AGRFEMENT is terminated by the ACI�NCY, other than for default on the �art of the CONSULTAN"1', a final paymcnt sliall be made to the CONSULTANT for a�ctual hot�rs charged at the tirne of termination of this AGREEMENT, plus any direct non-salary cc�sts incurred up to the time of termiilation of'this AGR�EMI:NT. No paymenl shall be made for any SERV1Ch;S completec� after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSt1LTAN1'prior to Notice of Termination exc�eeds the total amount that would be due��vhen computed as sct forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reinlburse the AC'�ENCZr�for any excess paid. If the services of the CONSULTANT are terminated by the AU�NCY for default on the part of the CONSU[,'I'ANT, the above formula for paymcnt shall not apply. In the event of a ter���ination for default,the amount to be paid to the CONSUL;1't�NT shall be deici-mined by lYie l�UENCY with consideration given to tl�e actual cosis incurred by the CONSLfLTANT in performing SF,RVICES to the date of termination, the amolant of SF,RVICES originally reyuired which was satisfactorily coinpleted to d�te 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 e�t�ploying another firm to complete ihe SERVICES rcquired and the timz which may be rcquired to do so, and other factors which affect the value to the AGENCY of the SERVICES perfarmed at the tilne of termination. Under no circtunstances shall payment made under this subsectian exceed the amount, which would have been made using the formula set forth in paragraph two (2) of�his scetion. If it is determined for any reason that the CONSULTANT was not in default or tl�at the CONSUL7'ANT's failure lo perform is without the CONSULTANT's or its einployee's fault or negligenee, the termination shall be deemed to be a tei�mination for the convenience of the AGENCY. In such an event, the CONSULTANI'wcauld be reimbursed for actual costs in accordance with the termination for �ther than default clauses listed previously. A�-eement Number: CAG 17-149 Local Agency A&E Professiona/Services Negotiated Hourty Rate Consultant Agreement � �-�vv_Y~_m��Page 7 of 14 Revised 4H0/201.5 The CONS�UI:1'f1NT shall, within 15 days, notify thc AGF.NCY in writing, in the event of the death of any member, partncr, or officer of the CONSULTANT ar tl�e death or change of any of tl�e CONSULTANT's supervisary and/or other key personnel assigned to the project or disaffiliation of any pr-incipally involved CONSULTAN�T employee. 'The CON SU11T�1NT'shall �lso notify the AGENCY, in writitlg, in the event of tlle sale or transfer oF 50% or more of the beneficial ownership of the CONSULT�ANT witl�in l 5 days of such sale or iransfer occui-ring. Tl��e CONSULTANT shall continue to be abligated to complete the SFRVICES under thc terms of this AGREEMEN"1' tu�less the AGENCY chooses ro terininate this AC'rREEMF,NT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If tet•mination for canv�nience occurs, final payment wi(1 be made to the CONSIILTf1N�T as sel forth in the second and third paragraphs of tlus section. Payment f�r any part of the SERVICES by the AGENCY shall not constitute a waiver by the AClENCY of any remedies of any type it may have against the C�NSLIL`IANT for any breach ��f this�GREFMENT by the CONSl1LT,�Iv'T, or for fail��re of the CONSULTANT to pe�-i:orm SERVICES reyuired of it by the AGENCY. Forbearance of any rights under the AGREEIVIENT will not constitute waiver of entitlement to exercise those ri�;hts with respect to any futurc act or omission by the CUNSt1L"1'AN"I�. X. Changes of Work The CONSUI;I�ANT shall make sucl� changes and revisions in the con�pleted work of this AGREFMENT as necessary to correct error•s appearing therein, witl�out additioilal compensatic�n thereof. Should the AGENCY find it desirable for its own pw�poses to have previously satisfactorily conlpleted SERVICES or pai�ts thereof changed or revised, the CONSULTEANT shall make such revisions as directed by the AGENGY. Tl�is work shall be c�nsidered as ExU�a Wock 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 AGREEM�NT shall be submitted in writi��g within 10 days to the Director of Public Works or AGENCY Engineer, wl�ose� decision in the n�atter shall be final and binding on the parties of this�GRE�MENT; provided however, that if an action is brought challenging tl�e Direcior of Public Works or AGENCY Eng�ineer's decision, that decision shall be subject to judicial r•eview. If the parties to this AGREEMENT rnutually agree, disputes concerning allegec! design errors will be conducted under the procedures fotind in Exhibit"J". In the event that either party deern it necessary to institute legal action or proceedinb to enforce any right or obligation u�ider tliis AGREEMEN"I', this action shall be initiated in the Superior C'ourt of the State o�f Washington, situated in the county in which the AUENCY is located. The parties hereto a�;ree that all questions shall be resolvcd by application of Washington law and that the parties have the right of appeal tirom such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSiJLTANT 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. Xil. Legal Relations The CONSLTLT.AN"f, any sub-consultants, and the AGENCY shall comply with all Fedei•al, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the wark to be performed under this AGREEMEN'T. "I'his AGREEMEN"T shall be interpreted and construed in aecordance with the laws of the SCate of Washington. '1'he CONSULTANT shall defet�d, indemnify, and hold the State of Washington (STATEj and the AGENCY and their officers and employees harnlless from all claiins, demands, or suits at law or equity arising in whole ar in part from the negligence of, or the breach of any obligation under this AGR�EMEN"1'by, the CONSULTAN7�'ar the CONSULTANT's agents, employees, sub consultants, subcantractors or vendors, of any tier, or any other persons for whom the CONSiTLTANT may be legally liable; provided tllat nothing herein sllall reqti►ire a CONSULTANT Agreement Number. CAC'T l 7-149 Local Agency A8E Professiona/Services Negotiated Hourly Rate Consultant Agreement � Page 8 of 14 Revised 4H�/2015 to defc,nd �r indemnify the STATE and the AGCNCY and their officers and employees against and hold harmless t(ie ST�1'F and the AGENCY and their officers and em�loyees from claitns, demands or suits bascd solely upon the negligence of, ar breach of any obligation undcr this�1GRFEMENI'by the STATE and the AGENCY, their agents, officers, employees, sub-cons�ultants, subcontractors or vendors, of any tier, or any other persons ior whom the STATE and /or the AGENCY may be legally liable; and provided further that if tlie claims or suits are caused by or result fi•otn the concurrcnt negligence of'(a) the CONSUI;T'AN"I�or the CONSULTANT's agents, employees, sub-consultants, subconiractois or vendors, of any ticr, or any other pei•sons for whom fhe CONSLILTANT is legally liable, and (b}the ST�11�E and/ar lAGENGY, their agents, officers, employees, sub-consultants, subcontractor•s and or vendors, of any tier, ar any other persons for whom the 5T'AZ�E and/or AGENCY may be legally liable, the defense and indelnnity obligation shall be valid and et�forceable only lo the extent of the CONSULTANT's negligence or the negligenee of t11e CONSULT�-1NT's agents, employees, sub-consultants, subeo�ltractors or vendors, of any tier, or any ather persons for whorn the CONSULT.ANT may be legally liable. This provisior3 shall be included in any AGREF,MF,N7`between CONSUI,Tf1NT and any sub-consultant, subcontractor and vendor, of any tier. The CONSUI�T,f1N7'shall also deferid, ind�miufy, and hold the STATE and the AU�NCY and their officers and employees harmless from all claims, demands, ar suits at law or equity arising in whole or in part fro�n the allegcd patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, c�opyright rights or inventions by the CONSUI;IANT or the CON�SULTAN"T's agents, empl�yees, sub-consultants, subcontractors or vendol•s, of alry tier, or any other persc�ns for•whom the CONSt11�.TANT inay be legally liable, in performance of the Work under this AGRFEMF,N'1`or arising out of any use in connection with the AGREEMEN"I�of inethods, processes, designs, information or other items furnished or communicated to STATE and/or tl1e.AGENCY,their agent5, oific�rs and employees pursuant to the AGREF.MEN"T; provided that this indemnity shalt not apply to any alleged patent or copyright infringenient or otlier al]e�ec�ly improper appropriation or use of trade secrets, patents, proprietary i»formation, kr�ow-how, copyright 1•ights or inventrons resultin� from ST�1TE and/or AGENCY's, their agents', officers' and employees' failure to con�ply �vith specific written instructions regarding use pravided to STATE and/or AG�NCY, their agents, officers and einployees by the CO�iSULTANT, its agents, employees, suh-consultants, subcontractors or vendors,of any tier, or any other persons for whom the CONSTJLTANT may be legally liable. The CONSUI;I'�1NI''s relation to the AGENCY sha11 b� at a,ll times as an independent contractor. Notwithstanding any determination by the Eaectrtive Ethics Board or other tribunal, the AGENCY may, in its solc discretioit, by written notice to the CC)NSULTAN"C tei•mivate this AGRE�MN;N'1'i f 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 RC W; or any similar stahrte involving the CONSULTANT in the }�rocureinent of, or perfornlance under,this AGREF,MEN"l�. The CONSULTANT specifically assurnes potential liability for actious brought by the CONSUI:1'AN"I�'s ou,�n employees or its agents against the STATE and/or the AGENCY ai1d, solely for the purpose of this indemni�fication and defense, the CONSUI;1t�N"T specif cally waives any in�niunity under the state industrial insurauce law, Title 51 RGW. This waiver has been mutually ne�;otiated by the Parties. Unless otherw�ise specified in this AGREFMF,NI',the t1G1�;NCY shall be respon�ible for administration of constri.iction contracts, if any, on the projeet. Subjeci to the p��ocessing of a new sole source, or an acceptable supplementa]AGREEMENT, the CONSULTANT shall provide Oti-Call assistancc to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniq�ues,job site safety, or any c�nstruction contractor's failure to perform its woT•k in accordance with the contract documents. The CONSULTANT shall obtain and keep i�i force during the tcrms of tl�is AGRE�MENT, or as otherwise required, the following insiirance with companies or through sources approved by the S1�te I�isurance Commissioner pursuant to"I'itle 48 RCW. Agreement Number: CAG 17-149 Local Agency A8E Professional Services Negotiated Hourly Rafe Consulfant Agreement Page 9 of 14 Revised 4/1 D/201.5 1ilsurance Coverage A. Worker's compensation and employei•'s liability insurance as rec�uired by the STAT�. B. Comn�ercial �eneral liability insurance written unc�er ISO Form CG 00 O1 12 04 or its equivaleilt with minin�um limits of one million dollars ($1,000,000.00) per occur�rence and two million cic�(lars ($2,000,000.00) in the aggregate for eacll policy period. C. Business auto liability insurance written under ISO Form CG 00 Ol 10 Ol or eQuivalent providing coverage for any "Auto" (Symbol 1) used in an anlount not less than a one n�illion dollar($1,000,00O.00j combined single limit for each�occurrence. Excepting the Worker's Compensation Insurai7ce and any Professional Liability Insurance, the STAT� and AUENCY, their officers, employees, and agents will be named on all policies of CONSt1LTANT and any sub- consultant and/or subcontractor as an addilional insured (the"ATs"j, �vith i�o restrictions ar limitations concerning products and co�npleted operations coverage. This coverage sha11 be primary eovcrage and non-contributory and any coverage maintained by the AIs shall be excess over, a��d shall not contribute with,the additic�na] insured coverage required hereunder. T11e CONSULT�IN1�"s and the sub-cot�sultant's and/or subcontractor's inslirer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsetnents required by this AGREEMENT. The AGENC�'reserves thc right to require completc, certificd copies of all i•equired insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business iu the State of Washington. The CONSULTANT shall submit a verification of iilsurance as outlined above within folirteen (14) days of the execution af this AGREEMENT to: Name: Keith Woolley Agency: City of Renton Address: City IIa11 - Sth Floor, 1055 S Grady Way City: Renton State: WA 7.ip: 98057 F,maiL• kwoolley@Rentonwa.gov Phone: 425-430-7318 Facsimile: 425-430-7376 No eanecllation of the foregoing policies shall be effective without thirty (30)days prior notice to the AGENCY. "I�he CONSULTANT's professional liability to the ACENCY, including that which may arise in reference to section IX "Termination ofAgreenlent"of this AGREEMENT, shall be limitcd to the aceumulative amount of the authorized AGREEMENZ�'or onc million dotlars ($1,000,000.00), whichcvcr is greater, imless the limit of liability is increased by the ACiENCY pursu�u�t to Exhibit H. In no case shzll the CONSULT�.N�T's professional liability to third pariies be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to thc exclusion of an�� third party, and no third party beneficiary is intended or created by the execution of this AC'iREEMEN'I'. "l�he AGENCY will pay no progress payments under section V "Payment Provisions"until the C�NSUI_;TANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is avaitable to it undcr other provisions of this AGREEMENT, or otherwise in law. AgreementNuriiber: CAG 17-149 Locat Agency A&E Professional Services Negotiated Hour/y Rafe Consultant Agreement � Page 10 of 14 Rev�sed ai�ni2n�s Xlll. Extra Work A. The�G�NCY inay at any time,by writien order, make changes within the general scope of this AGREEMEN I�� in the SF,RVICES to be performed. B. If any such change eauses an increase or decrease in the estimated cost of, or the time required for, pel�formance 01'any part of ihe SERVICES under this EIGREEMENT, w�llether or not changed by the order, or otherwise affects any other terms anci conditions of this AGREEMEN`l; the A<?ENCY shall n�ake an equitable adjusti��ent in the: (l)inaximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable ac�tjustment," hereafter referred t� as "CLAIM," under this clause within thirry (30} days from the date of receipt of the written order. However, if the AGENCY decides t11at The facts justify it, tlte AGENCY may receive and act upon a CLAiM st�bmitted before final payment of this AGREEMENI; D. Failure to agree to any adjustn�ent shall be a dispute under the section XI "Disputes" clause. I Iowever, nothin� in this clause shall e�cuse the CONSULTANT �from procceding with the AGREEMENT as changed. E. Notwithstandino the terins anci eonditions of paragraphs (A.) and (F3.) above, the inaxinluln amount payable for this AGREF,MENT, shall noi be increased or eonsiderecl to bc increased excepi by specific written supplement to this nGREEMF,N'I'. 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 Fe�deral Highway Administration sha(1 have the right to participate in the review or examination of'the SERVICES in progress. XVI. Certification of the Consultant and the Agency �lttached hereto as Exhibit"G-1(a and bj" are the Certifications of the CONSIJLTAN�T and the AGH;NCY, Exhibit "U-2" Certilication Rcgarding Debarinent, Suspension �nd Olhcr Responsibility Matters -Pri�nary C��vered Transactions, Exhibit"G-3" Certification Regarding the Restrietions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Priciiig Uata. Exhibit "G-3" is required only in AGREEMENT's over one hundred tllousand dollars ($100,000.00j and Exhibit"G-4" is reyuired only inAGREEMENT's over five hundred thousand dollais ($500,000.00.) These Exhihits musl be executed by the CONSUL7;�NT, atld submitted with the master AC'�REE�MENT, and returned to the AGENCY at the address listed in section III "Uei�eral Kequirements" prior to its performance of any SERVICF,S under this AGREEMENT. XVII. Complete Agreement 1'his document and referenced att�chnlents contain all covenants, stipulations, and provisions agreed upon by tlle parties. No agent, or representative of either party has authority to rnake, and the parties shall not be bound by or be liahle for, any statement, representation,promise or agreenlent not set forth herein. No changes, ameudments, �r modificati�ns of the ternis hereof shall be valid unless reduceci to writing and signed by the parties as a suppleinent to this AGREEMENT. Agreement Number: CAU 17-149 Local Agency A8E Professional Services Negafiated Hourly Rate Consultani Agreement � Page 1J of 14 Revised 4/10/2015 XVIII. Execution and Acceptance This AGRE�MENT niay be simultaneously executed in sevcral counterparts, each of which sliall be deemed tv be an original having identical legal eftect. The CONSi iLZt1NT does hereby ratify and adopt all statemenis, representatio�ti5, warranties, covenants, and AGREEMENT's contained in the proposal, and tl�e supporting material submitted by the CC7NSUI,TANT, and does hereby accept this AGREEM�NT and agrees to all of the tein�s and conc�itions thereof. XIX. Protection of Confidential Information The CON�SULTAN�"I'acknowled�es that some of the material and iuformation that�nay come into its passession or knowledge in connection with this AGREEMENT or its perforniance inay consist of information t11at is exei��pt f'rom 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, naznes, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit ca�•d i�zformati�n, driver's license numbers, nledical dat�, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AUENCY security data, non-public Specifications, S"I'ATE and AGENCY non-publicly availal�le data,praprietary software, ST�TE and AGENCY security data, or inf<>rmation whieh may jeopardize any part of tl�e projeet tl�at relates to any of these types of information. 'l�he CONSULTANT agrees to l�old the State's Confidential Information in strictest confidence and n�t to i��ake use of the State'S Confidential Information for any purpose other than tl�e performanc�; of this AGREEMENT, to release it oi�ly to authorized employccs, sub-consultants or subcontractors requiring such inFormation for the purposes of carrying out this AGREEMF,NT, and not to release, divulge, publish, transCer, sell, disclose, or otherwise make it known to any otl�er party without the AGENCY's express written consent or as provided by l�w. "I'he CONSUL7 ANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGKF,EMEN"C, the te.rms of which liave been previously approved by the AGENCY. The CONSULTANT agrees to irn�lement physical, electronic, and managcrial saf'eguards to prevent unauthorized access to the State's Confidential Information. Imnzediately upon expiratio�i or termuiation of this t1GREEMENT, the CONSULTANT shall, at thc AGENCY's option: (i) certily to the AUCNCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii)returned all of the State's Conl'idential Informaiion to the AGENCY; or(iii) take whatever other steps the f1GENCY requires of the CONSUL;I'ANT to protect the State's Confidcntial Information. As required unc�er Executive Order UU-03,the CONSUl_,TANT shall maintain a log documenting the follotiving: thc State's Corifidential Information received in the perfonnance of this AGRCEMENT; the purpose(s) for which the State's Confidential Information was reccived; who received, maintained and used the State's Coi�fidential Information; and the final disposition of the State's t:onfidential lnformation. The CONSULTANT's records shall be si�bject to inspection, review, or audit Ltpon rcasonable notice from the AGENCY. The�GENCY reserves the right to monitor, audit, ar investigate the i�se of the State's Confidential Information collected, used, or acquired by the CONSI_ILT�NT'through tliis AGRCEMENT. "l�he Tnonitoring, auditing, or investi�ating may include,but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEM�NT and demand for return of all State's Confidential Information, monetary danzagcs, or penalties. It is understood and acknowledged that the CONSULTANT r�iay provide the AGENCY with information which is prc�prietary andJor confidential during the term of this AGRFI�;M�NT. The parties agree to maintain the confidentiality of such information during tl��e term of this AGREFMENT aud afterwards. All materials containing such proprietaiy and/or confidentia] inform�tion shall be clearly identifizd and marked as "Confidenti3l" and sliall be returned to thc disclosing party at the conclusion of the SERVICES under this AGRF�;MENT. Agreement Nmnber: C�AG l 7-149 Local Agency A&E Professiona!Services Negotiated Hourly Rate Consultant Agreement� Page 12 of 14 Revised 4/10/2015 `I`he CONSULTAN'1'shall pr•ovide the AGENCY with a list of all iitiformation and materials it considers confic�eniial aud/or proprietary in nature: (a) at the comniencement of the ferm of t1�is AGREEMEN�T; ar (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential ,infortnatian" is not meant to include any iilformation which, ai the time af its disclosure: (i) is already known to the other party; (ii}is rigl�tfully disclosed to one of the pa��ties by a third party that is not acting as an agent or representative for the other party; (iii) is indepeildently developed by or for the other party; (iv) is ptiblicly known; or (v) is generally utilized by unaffiliated tllird parties engaged in the same btisiness or businesses as the CONSLILTANT. Tl�e pai-ties also acl:nowledge that the AG�;NCY is subject to Washington State and federal public disclosure laws.� As such, the AGF,NCY shall m�intain the confidentiality�of all such information marked proprietary and/ � or confidential or otherwise exempt, unless such disclosure is reyuired tmder applicable state or federal ]aw. If a public discic�sure request is made to view materials identified as "Proprietary andlor confidential information" or otherwise exempt infor�nation,the AGENCY will notif'y the CONSULTl1NT of the request and of the date that such records will be released to the requester unless the CONSULT,ANT obtains a court arder trom a court of competent jurisdiction enjoining that disclosure. If the CONSULTANI'faits to obtain �he court order enjoining disclosure, the AGENCY will release tlle reyuested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarcling disclos�u•e that may include a sub-consultai�t's proprietary and/or confidential infocmation. The CONSULTA.NT notification to the sub-consultant wi(1 include the date that such records will be released by the AGENCY to the requester and state that u»less the suh-consultant obtains a court order fi•om a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSU(;�I'ANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the relcase date, the CONSULTANT shall waive and release and shall hold hat7nless and indemnify the AGENCY from all claims of actual or alleged damages, li�bilities, or costs associated with the AGE[�TCY's said disclosure of sub-consultants'information. XX. Records Maintenance During the progress of the Wc�rk and SERVICI�;S provided hereunder and for a period of not less than six (6) years from the datc of final payment to the CONSULT�IN"1; the CONSULTAN"C shall keep, retain and maintain all "documents" pertaining to the SERVIC�S provided pursuant to this AURF,EMENT, Co�ies of all "documents" pertaining to the SFRVICES prov�ded hereunder shall be made available for review at the CC)NSIILT�NT's place of business during normal workin�;hours. IFany litigation, claim or audit is coinmenced, the CONSIJLT,AN"I'shall cooperate with AGENCY and assist in the production of all such docunzents. "Documer�ts" shall be retained until all litigation, claims or audit findings have been resolved even though such litigatioll, claim or audit continues past the six (6) year retention period. Por purposes of t�iis AGREEME.NT, "documents" means every writing or record of every type and dcscription, including clectronically stored 'uiformation("ESI"), thai is in the possession, eontrol, or custody of the CONSULTAN"1', including, without lit�iitation, any and all correspondences, contracts,AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memorancia, stenographic or handwritten notes, reports,recol�ds, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting re�cords, work sheets, eharts, noies, drafts, scribblings, recordings, visual displays,pliotographs, rnin�rtes of ineetings, tabulations, computations, sun�maries, inventories, and writiiigs regarding c�nferences, conversations or telephone conversatioils, and any and all other taped, recorded, written, printed or typed rnatters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custoc�y, or control of the CONSULTP,N"1', and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not siich copy contains any commentary or notation whatsoever that does not appear on the original. AgreementNumber: CAG 17-1�9 Local Agency A&E Professiona/Services Negotiated Hourly Raie Consultant Agreement Page 13 of 14 Revised d/10/2�t5 For purposes of this AGREF_,MEI�'T, "F,SI" nie�ans any and all computer data or electt•onic ree�cded media of any kind, includitig "Native Tiies", that ai•e stored in aliy mediun� from which it can be retrieved and exami»ed, either directly or after tra»slat�ion into a reasonably useable form. ESI �nay inc(ude inforr�lation and/or docume�itation stored in vai•ious software programs such as: Cmail, Outic�ok, Word, Excel,Aecess, Publisher, PowerPoint, Adobc Acrobat, SQL databases, or any otlier soi`tware oa�electronic communication programs or databases tllat the C�NSULTANT ma�� use in the perfoi-inance of its opei-ati��iis. F;SI may bc located on netw�rk seevers, backup tapes, smart phones, tlltamb drives, CDs, I�VDs, floppy disks, woi•k computers, cell p�iones, ]aptops ur any otller eleetranic device that t'ONSULTf1NT uses in the performance of its Work or SERVICES herewider, including any �ersollal devices used by ihe CONSULTAN�T or any sub-consultant at honie. "Native files" are a subset of�FSI and refer to tl�e electronic for-mat of the application in �n�hicl� sucll ESI is normally created, viewed; aizd !ar modified. "The GONSUL;I:ANT shall include this section XX "Records Maintenance" in eveiy siibcont��act it enters into in relation t�� this nG}�EMEN"I'and binci the sub-c�nsultant to its tern�s, un]ess cxpressly agreed to ot1�e7��vise ii� writing by the AGENC'Y pi-ior to th� execution of such subcontraet. In ��viiness whereof, the parties hereto Ilave exccuted this AGRL�FMENT as of the d�y and yeac shown in the "I��ecnlion Date"box on page one (I j of this AGREEMENT. ._...-----�- �� � � ` � Signatur Date ATTEST: � z�/ Denis Law� Mayor Jaso A. S � Ci er � �If�y rr�odificatior�, chc�nge, or r•efo�vnati�n of tlais.�fGRF.h_'Mf;N'T sl�all rc>qr�ir�e c�pp�•ovuj as to� -��� bu!he Office o,fthe At�o��rrey General. ����N�� ��� �ii���� ` �a�''� p� ��'����i�,ti `;``.�`���,,,,,�������,,,,,,,���py,�: = = x ' * = SEAL = * = : = � = = : y=, ,= .. - i�� � �i���/ ```. �p�0`� �i���i}1A h�u�uu����`� Qp� ``� ����'//�R� ,ED�SEQ`````\�. Agree�nent Numbcr: CAC 17-149 Loca!Agency A&E Professiona!Services Negotiated Hourfy Rate Consultant Agreement Page 14 oi 14 Qa�,�p�ei�ni�n�s Exhibit A Scope of tNc�rk Project No, See Exhibit A, attached. Agreement Number: CAG 17-149 WSDOT Form 140-089 EF Exhibit A � � � � Page 1 of 1 Revised 10/30/2014 EXHIBIT A CITY OF RENTON WELLS AVENUE 5 AND WILLIAMS AVENUE S CONVERSION PROJECT PRELIMINARY DESIGN CAG 17-149 SCOPE OF WORK SEPTEMBER 22, 2017 A. PROJECT BACKGROUND�DESCRIPTION The City of Renton ("City°) was recently successful in obtaining an STP Federal Grant for the design of the Wells Avenue 5 and Williams Avenue S Conversion Project ("Project") that will provide roadway and intersection improvements between S Grady Way and N 1st Street to support the two-way conversion of Wells Avenue S and Williams Avenue S. Primary components of this project will improve mobility and safety for all modes of travel and update urban design and streetscape amenities within the Downtown Core. This will encourage new economic development opportunities and transform Downtown Renton into a destination, The Project wi11 construct the following improvements: +� New concrete raised intersections at Wells Ave S/S 2nd St, Wells Ave S/S 3rd St, Williams Ave S/5 2nd St, and Williams Ave 5/S 3rd St � New channelization on Wells Ave S and Williams Ave S from S Grady Way and N 1st St to accommodate the two-way conversion • New roadway illumination at the intersections of Wells Ave S/S 2nd St, Wells Ave S/S 3rd St, Williams Ave S/S 2nd St, and Williams Ave S/S 3rd St • New Bicycle Boulevard on Wells Avenue S between Houser Way S and the Cedar River Trail • New traffic signal systems at the intersections of Wells Ave S/S 2nd St,Wells Ave 5/S 3rd St, Williams Ave S/S 2nd 5t, and Williams Ave S/5 3rd St, and revised traffic signal at the Williams Ave S/S Grady Way intersection • Revised railroad signals on Wells Ave S and Williams Ave S at Houser Way S • New wayfinding and signage � Upgraded ADA facilities at the intersections of Wells Ave S/S 2nd St, Wells Ave S/S 3rd St, Williams Ave S/S 2nd St, and Williams Ave S/S 3rd St The Wells Avenue S and Williams Avenue S Conversion Project is considered Phase 2 of the multi-phased Connecting Downtown Project. The Main Avenue S Conversion Project City of Renton wells/williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 1 September,2017 (Phase 1) is currently under construction with a planned completion date in August 2017. Phase 3 will include the two-way conversions of S 2nd Street and S 3rd Street from Mill Avenue S to Rainier Avenue S. This scope outlines the Preliminary Design effort, supplemental services, and coordination required to achieve the City's Project goals. .KPG ("Consultant") will provide the following services that will result in a Preliminary Design and Opinian of Cost submittal to the City: � Topographic Survey and Basemapping * Environmental Permitting Support • Traffic Analysis and Reporting • Geotechnical Investigation and Reporting • Right of Way Determination * Public Involvement * Preliminary Stormwater pocumentation • Coordination with Utilities and Stakeholders • Preliminary Design and Opinion of Cost It is anticipated that once the City has reviewed and approved the Preliminary Design Submittal, this scope of services will be amended to complete the 30% and Final Design effort. B. ASSUMPTIONS The following assumptions were identified to provide direction with design: ❑ The project is funded through the Surface Transportation Program (STP). ❑ There is no DBE Goal established for this project or in future phases. ❑ The Project will require NEPA Documentation (assumed Categorical Exclusion) and all permitting approvals will be the City's responsibiiity. The Consultant shall support the permitting process with graphics where necessary. ❑ Improvements to water, sewer, and storm utilities on Wells Ave S and Williams Ave S between (and on) S 3rd St and S 2nd St are being designed by MSA. u ROW Acquisition Services are not included in this scope of work. ❑ Structural engineering is not included in this scope of work. ❑ Design of kiosks,wayfinding signs, and parklets are not included in this scope of work. ❑ The City's Streetscape Design Guidelines and design elements from the Main Avenue Project will be utilized as a basis for urban design treatments. ❑ WSDOT Channelization Plan Approval will not be required. ❑ Frontage improvements on Wells Ave S and Williams Ave S between S 3rd St and S 2nd St are not included in this scope. City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 2 September,2017 C. KPG DELIVERABLES Deliverables prepared by the Consultant are identified at the end of each Work Element (WE). D. CITY OF RENTON PROVlDED ITEMS: The City of Renton will provide/prepare the following: ❑ Submittal reviews, comments, and approvals (1 to 2 sets of comments per submittal) o Public notices, property owner mailings, postage, and host a project website ❑ Meeting room arrangements ❑ Open House room arrangements u Right-of-entries for surveying, geotechnical review, and/or construction, if required u Project Information, data, and reports associated with the 2na/3rd Street Utility Project ❑ Wayfinding, Kiosk, and Parklet Designs o Signal timing sheets for the intersections of Wells Ave S/S 2nd St, Wells Ave S/S 3rd St, Williams Ave S/S 2nd St, Williams Ave S/S 3rd St, and Williams Ave S/S Grady Way E. SCOPE OF WORK WORK ELEMENT 1—MANAGEMENT�COORDINATION�ADMINISTRATION The Estimated project duration is 6 months. 1.1 The Consultant will provide continuous project management for the project duration of the project through Preliminary Design (estimate 6 months). The Consultant wil) prepare monthly progress reports identifying work completed in the previous month,work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. These reports will be submitted with the Consultant invoices. 1.2 Prepare for and attend bi-monthly design coordination meetings with City Staff and other project stakeholders.These meetings are to be held at Renton City Hall (estimate 12 meetings total). 1.3 The Consultant will prepare and update project schedule. 1.4 The Consultant will conduct regular project team meetings (estimate 12 meetings total)with internal staff and subconsultants. 1.5 The Consultant will provide internal quality assurance/quality control (QA/QC) reviews of all major deliverables prior to submittal to the City. City of Renton Wellsf Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 3 September,2017 Work Element 1 Deliverables: • Monthly progress reports (6 months) • Project Schedule and Updates • Meeting notes � QA/QC Plan and Checklist WORK ELEMENT Z—SURVEY AND BASE MAPPING 2.1 Establish horizontal and vertical control points along the corridor for field topographic survey. Basis of control will be City of Renton Datum. (Horizontal NAVD 83/91, Vertical NAVD 88). Cont�ol points will be established and will be made available for use during design/construction.The consultant will locate,field survey, and calculate positions for monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. 2.2 Field survey within the project iimits: * Field survey of planimetric features and utilities. Topographic mapping of the existing ground will be taken at approximately at 25-ft intervals (to 2-ft. contour intervals). The following streets will have complete survey out to approximately five (5) feet behind the back of walk: o S 2nd St and S 3�d St from 100 feet west of Williams Ave 5 to 100 feet east of Wells Ave S o Williams Ave S and Wells Ave S from 100 feet south of Houser Way S to 100 feet north of S 2"d St o S Grady Way for 140 feet east and west from the intersection of Williams Ave S and 120 feet east and west from the intersection of Wells Ave S o KPG has existing mapping at the intersection of S 2nd St and Wells Ave S which shall be incorporated o Totaling approximately 3,760 lineal feet • Included in this WE are locate overhead lines, signal loops, locate paint marks in WE 2.3 at 50-ft intervals, locate surface features (valves, manholes, catch basins, junction boxes, vaults, etc.). Irrigation systems will not be included. Perform observation and measure-downs of existing storm drain catch basins and manholes and sewer manholes within the two intersections. The approximate size, type (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size and location of pipes will be dacumented. These observations will be made from the surface. City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 4 September,2017 • Except as noted,the foliowing streets will have limited topographic survey only of back of walk, curb and gutter, road crown, and channelization: o Williams Ave S from 100 feet north of S Grady Way to 100 feet north of N 15t Street (except for complete survey sections noted above) o Wells Ave S from 100 feet north of S Grady Way to 100 feet north of N 15t Street (except for complete survey sections noted above). Surface utility structures such as manholes and valve casings shall also be surveyed along this section o Houser Way S, S 4th St, and S 5th St from 100 feet west of Williams Ave S to 100 feet east of Wells Ave 5 o S Grady Way from 290 feet west of Williams Ave S to 140 feet west of Williams Ave S and from 140 feet east of Williams Ave S to 120 feet west of Wells Ave S o N 15t St, N Riverside Dr and S Riverside Dr from 100 feet west of Williams Ave S to 100 feet east of Wells Ave S o Totaling approximately 9,800 lineal feet 2.3 The Consultant shall coordinate utility locates, identification, survey, and other work, as necessary, to locate franchise underground and overhead utilities in order to identify any potential conflicts with the proposed improvements. Consultant shall subcontract with a utility locating company to paint all utility locations within the complete survey sections so that they can be surveyed in WE 2,2. Request utility companies record drawings and update utility mapping prepared in WE 2.4. 2.4 CADD mapping work to prepare 1"=20' topographic base map and digital terrain modet (DTM) in AutoCAD format of the project within the limits described above. Right-of-way and parcel lines will be determined from available survey records (surveys, right-of-way plans, etc.). Other areas will utilize available GIS linework and will only be approximate. 2.5 Potholing to identify potential utility conflicts will be completed as necessary for design (40 estimated}. The locations of the potholes will be surveyed and added to the base map. Work Element 2 Deliverables: ■ Electronic copies of the comp/eted base map will be delivered to the City. � Electronic copies of the completed field topographic base map will be delivered to rhe crry. ❑ Basemap Delivered to City 2.5 Months after NTP. City of Renton Wells/Williams Conversion Project(CAG 17-149) Preiiminary Design KPG Project Number: 16125 5 September,2017 WORK ELEMENT 3—PRELIMINARY STORMWATER ANALYSIS This Work Element includes the effort required to perform preliminary analysis and documentation of the project's stormwater management requirements in accordance with the 2016 City of Renton Surface Water Design Manual. 3.1 Review the existing storm water facilities within the limits of the project and document applicable stormwater regulations, standards, hydrology and hydraulic design criteria. Delineate threshold discharge areas (TDAs). Determine the applicability of Core Requirements #3 (Flow Control), #S (Water Quality), and #9 (On-Site BMPs). 3.2 Evaluate the feasibility implementing on-site stormwater BMPs for new and replaced hard surfaces. Coordinate with geotechnical subcansultant and roadway design as applicable. Where BMPs are found to be feasible, perform preliminary design for inclusion in the future design submittals. 3.3 Prepare a technical memorandum documenting the findings of WE's 3.1 and 3.2. Work Element 3 Deliverables: ■ Draft Preliminary Stormwater Technical Memorandum, pdf file. ❑ Draft Stormwater Technical Memorandum Delivered to City 6 Months after NTP. Work Element 3 Assumptions: ■ The project is like/y to be exempt from flow control and water quality treatment requirements. � Input from geotechnical engineer will be needed for evaluation of On-Site BMPs (infiltrarion rate, depth to groundwaterJ. WORK ELEMENT4—TRAFFICANALYSIS The Downtown Circulation Traffic Analysis (luly 2016) documented the transportation impacts of changing both one-way couplets of Williams Avenue S/Wells Avenue S and S 2nd Street/S 3rd Street to two-way operations. This WE will supplement the Downtown Circulation Traffic Anafysis by analyzing the near-term conditions with two-way operations on Williams Avenue S and Wells Avenue S, and the existing one-way operations on S 2nd Street and S 3rd Street. 4.1 The Downtown Circulation Traffic Analysis developed traffic forecasts for the future years of 2025 and 2035. The Consultant will revise the 2025 forecast to reflect the current one-way operations on S 2nd Street and S 3rd Street. The Consultant will analyze 2025 PM peak hour intersection operations at the following four (4} intersections, City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 6 September,2017 1. Williams Avenue S/S 2nd Street 2. Wells Avenue S/S 2nd Street 3. Williams Avenue S/5 3rd Street 4. Wells Avenue S/S 3rd Street The analysis will only include these four intersections, because the other intersections along Williams Avenue S and Wells Avenue S will have similar traffic volumes with either one-way or two-way operations on S 2nd Street and S 3rd Street. This WE includes the traffic analysis support of the roadway design and traffic engineering of the signals, including turn pocket lengths,channelization and signing plans, and signa) phasing requirements. 4.2 The Consultant will document the traffic analysis findings from WE 4.1 in a short draft and final technical memo. Work Element 4 Deliverables: * Draft Traffic Technical Memo, One (1)Hard Copy and an Electronic PDF u Draft Traffic Technical Memo Delivered to City 4 Months After NTP • Finpl Traffic Technica!Memo, One(1) Hard Copy and an Electronic PDf ❑ Final Traffic Technical Memo Delivered to City 6 Months After NTP Work Elements 4 Assumptions: � Traffic counts will nof be conducted. Forecasts (2025 PM Peak Hour)from the 2Q16 Downtown Circulation Traffic Analysis will be utilized. WORK ELEMENT 5—GEOTECHNICAL INVESTIGATION The following items are to be performed by the sub-consultant, Amec Foster Wheeler Environment & Infrastructure, Inc. (Amec Foster Wheeler), under this WE. Amec Foster Wheeler will provide geotechnical engineering services to investigate the pavement and subsurface conditions, and provide recommendations for signal pole foundations, stormwater infiltration, and new pavement sections. These services will include visual surface mapping of pavement conditions, pavement coring, soil borings, laboratory testing, and the preparation of a geotechnical engineering report. 5.1 Administration, Coordination and Supervision * Initiate project set-up including establishment of contracts, charge codes, and creation of project files (electronic and physical). • Coordinate WE work activities and project schedule with CONSULTANT and service companies. City of Renton Wells/Williams Conversian Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 7 September,2017 • Supervision of Amec Foster Wheeler personnel and activities to ensure compliance with contract scope and schedule and proper charging of time against the contract. • Oversite of activities of service companies for compliance with contract scope, schedule and budget. � Preparation of monthly invoices with progress reports that include the following: o Spreadsheet summary of budget, expenses to date, expenses for invoice period. o Summary of work accomplished for the invoice period. o Estimate of percent of work complete for the invaice period, to justify fee earned. o Summary of outstanding issues to be resolved by the CITY and/or CONSULTANT. o Backup detail that include the name, direct salary rate and hours charged by date, for each individual charging time to this contract, for the work period. o Backup detail of all direct non-salary costs included in the invoice for the work period. 5.2 Project Meetings � Project Kickoff Meeting — After receiving a Notice to Proceed (NTP} from the CONSULTANT, attend a project kickoff ineeting with key City and CONSULTANT design team personnel. The purpose of the meeting is to discuss key elements of the SCOPE, project schedule timelines and critical path elements. This meeting is to be held at Renton City Hall. + Design coordination meeting with CITY and CONSULTANT staff. it is estimated that Amec Foster Wheeler wil! attend one meeting at Renton City Hall. • Internal design coordination meetings—Amec Foster Wheeler will conduct regular internal design coordination meetings with key design team members and as applicable Amec Foster Wheeler sub-consultants. 5.3 Subsurface Exploration. 5.3.1 Site Reconnaissance:An Amec Foster Wheeler geotechnical engineer will walk the length of the project to identify significant surface features(like pavement damage)that may influence where to locate explorations.They will also select potential coring and boring locations marked with white paint for utility locators, prior to any drilling. 5.3.2 Field Exploration Preparation: The following activities will be performed in preparation of the subsurface investigation: + Amec Foster Wheeler will prepare traffic control plans and apply for a ROW Use permit from the CITY. City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 8 September,2017 • AMEC will schedule drilling and traffic control services. • Amec Foster Wheeler will notify the Underground Utility Location Center of the proposed drilling locations and allow time for the utilities in the vicinity to be located with paint. 5.3.3 Field Exploration: This exploration is focused primarily on characterizing pavement and soil conditions at the four intersections of Wells and Williams Avenues, and 2nd and 3rd Streets. The exploration will also provide preliminary infiltration information north of 2nd Street along Wells and Williams Avenues. • Traffic control will be subcontracted to place signs, cones, and flaggers to route traffic around the work area in accordance with CITY approved traffic control plans. • Pavement coring and subsurface drilling will be subcontracted. A truck or trailer mounted drill rig will be used to drill hollow-stem auger borings with standard penetration test sampling at 2.5 or 5 foot intervals. The depth of groundwater will be measured within the bore hole at the time of drilling. • Two borings will be drilled at each of the four intersections of Wells and Williams Avenues, and 2nd and 3rd Streets, to depths of 20 to 25 feet, to collect pavement cores and soil samples.Two boring will be drilled along Wells Avenue between 3rd Street and Main Street to depths of 25 feet or to the groundwater table if shallower. Two boring will be drilled along Williams Avenue between 3rd Street and Main Street to depths of 25 feet or to the groundwater table if shallower. (Total of 12 borings and 300 feet of drilling budgeted) See the Proposed Explorations figure for the tentative boring locations. 5.4 Laboratory testing of soil samples. • Four {one sample from each intersection) California Bearing Ratio (CBR) tests will be conducted to determine the subgrade strength for new pavement at the intersections. • 12 (one from each boring) Grain Size Distributions (GSD) will be conducted to correlate pole foundation resistance and preliminary infiltration rates. • 12 (one from each boring) moisture contents from samples collected near the interpreted groundwater table. 5.5 Review and Engineering Analysis: ; Review available historical information such as: o Available construction documents provided by the CITY from previous projects in the vicinity. o Pavement condition reports from the CITY (if available). o Traffic counts from the CONSULTANT. o Topographic survey showing existing surface features and utilities. City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 9 September,2017 • Review the exploration logs and prepare site plans and geologic profile figures. � Correlate laboratory testing results to estimate the feasibility of stormwater infiltration. � Engineering analysis for pavement sections and pole foundatians. 5.6 Geotechnical Engineering Report. The report will include: � Description of the existing pavement conditions; • Description of the subsurface conditions; • Preliminary conclusions regarding the potential for stormwater infiltration; + Recommendations for pole foundations in accordance with WSDOT including lateral soil bearing pressure and torsional soi!friction; � Verify the suitability of using the same pavement sections that were used for repaving Main Street: o Raised Portland cement concrete for the intersections; o New asphalt pavement if needed for the bike lane; o Asphalt pavement overlay. A draft report will be provided to the CONSULTANT for review by the CONSULTANT and CITY. Once review comments are received, a final report will be submitted to the CONSULTANT to deliver to the CITY. Work Element 5 Deliverab/es: ■ Completed ROW Use Permit application and associated traffic control plan ■ Boring logs and site plan of the boring locations ■ Draft Geotechnical Engineering Report ❑ Draft Geotechnical Engineering Report Delivered to City 5 Months After NTP ■ Final Geotechnical Engineering Report thpt incorporates review comments. u Final Geotechnical Engineering Report Delivered to City 6 Months After NTP Work Element 5 Assumptions: • The budget shown in Exhibit 6 assumes this WE is six(6)months in durption. ■ Basemap showing topography, existing structures, and utilities will be provided to Amec Foster Wheeler prior to the field exploration. ■ CITY will provide ROW Use Permit(s)based on traffic control plpns provided by Amec Foster Wheeler.Any fees or deposits related to ROW Use Permits witl be waived by the CITY. ■ Field exploration can be conducted during normal business hours (Monday through Friday, 7 am-7 pmJ within traffic lanes. If limited work hours are required by the CITY, field costs will increase and a budget increase may be needed. � Asphalt and concrete pavement will be less than 16 inches thick. If the pavement is thicker than 16 inches, the field costs will increase and a budget increase may be needed. City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 10 September,2017 � Pavement core holes will be patched with asphalt cold patch. • Soil borings will be backfilled immediately afi-er sampling. Groundwater wells will not be installed. ■ CITY will provide available historical road and utility construction information, such as pavement condition reports and as-bui/ts from previous paving and utility projects. • Preliminary plpns showing the prpposed improvements will be provided to Amec Foster Wheeler for engineering analyses and report preparation. ■ The CONSULTANT with input from the CITY will provide traffrc volumes, assumed design life, and assumed traffic growth to Amec Foster Wheeler for pavement design. ■ Engineering for pole foundations will be based on WSDOT design methods;pavement design wi1! be based on WSDOT and AASHTO methods; and preliminary stormwater infiltration conclusions wi(1 be based on the Crty of Renton's Stormwater Design Manual. • if stormwater infiltraiion becomes part of the project design, additional exploration and testing wil/be needed for design. It is assumed that the additional work would be performed after preliminary design is complete. WORK ELEMENT C-PRELIMINARY RIGHT OF WAY INVESTIGATtON Perform the following work items necessary to establish the existing right of way (ROW) and parcel lines for the parcels located along Wells Ave S and Williams Ave S between S 3rd St / S 2nd St and the intersections of Houser Way, S 3rd St / S 2nd St (35 parcels assumed). ROW and lot lines for these parcels will be defined using title reports and will be shown graphically in the design plans. 6.1 Research available records and order title reports. Cost for the title reports are included as a reimbursable (assume 35 Title Reports). 6.2 The Consultant shall digitize in CAD all existing ROW and parcel lines along Wells Ave S and Williams Ave S between S 3rd St/S 2nd St and Houser Way, S 3rd St/ S 2nd St. Work Element 6 Deliverables: � Title Reports(35 Parcels) • Existing ROW and Parce/s defined on ihe Basemap o Existing ROW pnd Parcels Defined in Basemap 3 Months After NTP Work Element 6Assumptions: • Existing ROW outside of the area defined in WE 6 will be defined using King County Recorded Documents. City of Renton Wells/Williams Co�version Project(CAG 17 149) Preliminary Design KPG Project Number: 16125 11 September,2017 WORK ELEMENT 7—PUBLIC INVOLVEMENT This WE covers the effort required for the public involvement process during the development of the project. The goal of this effort is to obtain input from project stakeholders, including property and business owners located within the project limits, and residents living in the vicinity of the project and the public traveling through th.e corridor. The purpose is to build public support for the project and identify key areas of concern so they can be addressed at this preliminary stage of design. 7.1 The Consultant shall attend up to 80 meetings with property owners and up to 30 meetings with business owners, The Consultant shall take notes at these meetings and develop a project issues list based on items identified by the property owners and/or business owners about the project. 7.2 The Consultant shall prepare for and attend one (1) Open House Community Meeting after the Preliminary Design is complete. It is anticipated that the following items will be prepared by the Consultant for the open house: open house flyer, sign in sheet, comment form, roll-plots, photos of existing conditions, before/after photo simulations, project schedule exhibit and other informational exhibits conveying general project information (i.e. project goals, project budget, etc.). 7.3 The Consultant will assist in the preparation of website graphics and up to two (2) project fliers to be distributed to the public. 7.4 The Consultant shall coordinate with other City Public Outreach efforts within in the project area. It is anticipated that Public forums will be planned and project materials distributed for the upcoming water, sewer, storm work on 2nd/3rd Streets as well as a Downtown Wayfinding and Kiosk Project. If applicable,we will attempt to combine these efforts currently defined in WE 7.2. It is anticipated that up to four (4) coordination meetings will be held with other project team members to achieve this goal. Work Element 7 Deliverab/es: � Draft Open House Materials, Electronic PDF � Final Open House Materials, Hard Copies and Electronic PDF � Project Issues List, Electronic PDF and Excel ■ Website Graphics and Project fliers (2J, Electronic PDF and JPEG's ■ Properiy Owner/Business Owner Meeting Notes ❑ Public Involvement De/iverables are Dependent Upon Schedules of Other Projects, NecessaryApprovals From the City, and Wil!Likely Extend Beyond the 6 Month Preliminpry Design Duration City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 12 September,2017 Work Element 7 Assumptions: • General project information such as project goals, budgets, etc. shall be provided by the City to ihe Consultant to be incorporpted in the Open Houses. • Attendance by the Consultant to project open houses other than what is specified in WE 7.2 is not included in this scope. ■ City will host and.update a project website. WORK ELEMENT$—URBAN DESIGN REPORT AND PRELIMINARY DESIGN The Consultant shall prepare an Urban Design Report and Preliminary Design roll plot. The purpose of the Preliminary Design Phase is to define project scope, limits, and phasing. Additionally, this task covers the effort to develop project design features and obtain input from project stakeholders before the development of the 30% Design Plans. 8.1 The Consultant shall develop an Urban Design Report which will include the following illustrations: o Illustrative Roadway Section ❑ Roadway Photo Simulations ❑ Decorative illumination and Bases u Intersection Diagrams with Decorative Surface Features The Urban Design Report will focus on streetscape improvements at the intersections of Wells Ave S/S 2nd St, Wells Ave S/S 3rd St, Williams Ave S/S 2nd St, and Williams Ave S/S 3rd St 8.2 The Consultant shall Preliminary Design roll plot layout in AutoCAD format drafted with an aerial backdrop. The layout will show (plan view) decorative surface features, sidewalk and scoring patterns, planter and tree locations, curb ramps, crosswalks, parking stalls, signals poles/mast arms, lighting, kiosk locations {if available from the City), parklet locations (if available from the City), roadway channelization, and bicycle boulevard markings. It is estimated that the Preliminary Design will be reviewed by the City before the plan is unveiled to the Public. The Consultant will make revisions (2 �eviews estimated) to the Preliminary Design addressing the City's comments and analyze phasing options (2 phases assumed) to support the City's project budget. 8.3 The Consultant shall evaluate lighting performance using the AG132 illumination model that shows lighting levels and uniformity at the intersections of Wells Ave S/S 2nd St, Wells Ave S/S 3rd St,Williams Ave S/S 2nd St, and Williams Ave S/S 3rd St. 8.4 The Consultant shall prepare a Preliminary Design Opinion of Cost showing proposed pay items and method of ineasurement. It is anticipated that the City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 13 September,2017 Opinion af Cost will be separated into schedules to support a phased project approach. Up to two (2) phasing cost estimates are assumed. Work Element 8 Deliverables: ■ Five (5J half size bound copies of the Urban Design Package, one (1J electronic version (PDF) u Urban Design Package Delivered to City 6 Months After NTP ■ Half size and fuJl size ro/l plots of the Illustrptive Preliminary Design Layout, one (1) electronic version (PDF) ❑ Illustrative Preliminary Design Layout Delivered to City 4 Months After NTP ■ One (1) hard copy, and two (2) electronic versions (PDF and Exce!) of the Preliminary Design Opinion af Cost ❑ Preliminary Design Opinion of Cost Delivered to Cify 4 Months After NTP Work Element 8 Assumptions: ■ The Consultant shall assist in identifying ihe locations of the of the City's Kiosk, Wayfinding Signs, and Pprklet's. Designs of these features will be conducted by the City. Their locations will be shown in the Pre(iminary Design Submitral(WE 8.2J. * The Preliminary Clesign Opinion of Cost will capture only those raadway impravements approved by the Crty at the time the cosr estimate is prepared. The City's Utiliry Improvement Project(designer-MSA) will not be reflected in the cost estimate. WORK ELEMENT 9—UTILITY AND BNSF COORDINATION The Consultant will coordinate with private utilities affected by the proposed improvements and BNSF to determine the required railroad (RR) signal modifications, signing, and pavement markings that will be required accommodate the two-way conversion at the crossings located at Houser Way, Wells/Williams. Efforts included under this WE are as follows: 9.1 Prepare letters requesting utility record information and send ta each purveyor. Cross-check franchise utility-provided maps with field survey information and resolve conflicts between utility maps and field conditions. 9.2 Prepare Potential Utility Conflict Plan: This plan will be submitted to all purveyors with utilities in the project limits to assess whether said utilities may be in conflict with the proposed improvements. Utilities thought to be in conflict will be potholed in WE 2.5. This plan will be developed afterthe 30 percent submittal. 9.3 Prepare for and attend meetings (2 assumed) with franchise utilities to discuss utility conflicts and relocations. 9.4 Prepare for and attend meetings (2 assumed) with BNSF to discuss railroad signal� modifications, signing, and pavement markings located at the Houser Way, WeIIsJWilliams RR crossings. City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 14 September,2017 Work Element 9 Deliverables: ■ Letters to Purveyors • Potential Utility Conflict Figure (11x17J ■ Franchise Utility Meeting Notes ■ Updated base map showing utilify potholes and actual utility locations ■ BNSF Meeting Notes � BNSF Crossing Figures ❑ Utility and BNSF Coordination Efforts Under this Task wi!l be complete 6 Months After NTP Work Element 9 Assumptions: • Survey required for utility relocations is not included. • Any franchise utitity expansion which is required ta be incorporated into the project is not included. ■ Future Private Utiliry coordination is anticipated and will be conducted in future design phases. • !f it is determined that new RR gate arms and canrilevered signals are required, designs of these systems will occur in future phases. ADDITIONAL$ERVICES The City may require additional services of the Consultant. The scope of these services will be determined based on the unanticipated project needs or other considerations at the sole discretion of the City. This work may include items identified in the current WE authorizations as well other items, which may include, but are not necessarily limited to the following: • Final Design services * Design of Wayfinding Signs, Kiosks, and Parklet's • Design of Art Features • New RR Signal Systems and Gate Arm Design • Structural Engineering • Value Engineering • Bid and Advertisernent Support � Design of frontage improvements on Wells Ave S and Williams Ave S between S 3rd5tandS2nd5t • Right of Way acquisition,appraisals,or assistance with condemnation proceedings • Providing Construction Administration Services These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Renton Wells/Williams Conversion Project(CAG 17-149) Preliminary Design KPG Project Number: 16125 15 September,2017 �xhibi# B DBE Participation Not applicable. Agreement Number: CAG 17-149 _.--�-----____ ___-----__._.�_ __._._____ � WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/3Q/2014 Exhibit C Preparation and Delivery of Flecfronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the c�nsultant is to use in preparing electronic files for t�•ansmission to tl�e agene.y. The fortnat and standards to be provided may include, bnt are not limited to, the followiizg: � I. Surveying, Roadway Design&Plans Prcpara�tiQn Section A. S urvcy Data Standard: City of Renton Survey Control Network and Standards, 2000 Format: Autodesk, ALitoCAD Civil 3D, Note: C'onsultant's version shall be compatible with City �f Rerlton's versioil, at the tin�e of submission oCdeliver�bl�s. For 2015, Ciry of Renton version is AutoCAD Civi13D 2015. Transnlissiari: Compact Disk, DVD and/or Flash Drive B. Roadway Design Files Standard: Washington St�te Department of Transportation, Local Agency Guidelines, Apri12015 Formai: Autodesk, AutoCAD Civi13D, Note: Consultant's version shall be compatible with Ciry of Renton's version, at the timc of submission of deliverables. For 2015, City of Rento��version is AutoCA�D Civi13D 2015. Adobe pdf for plan shccts and/or roll plots. Transmission: Compact Disk, DVD and/or Plash Drive C. Computer Aided Drat:ting Fiies Standard: KPG CAD Standards Format: Autodesk, AutoCAD Civi] 3D,Note: Consuliant's version shall be compatible with City of Renton's version, at the time of submission of deliverables. For 201 S, City of Rcnton version is AutoCAD Civil 3D 2015. Use the same sheet border and title block as used on the Main Avenue Project. Transmission: Compact Disk,DVD and/or Flash Drive AgreementNumber: CAG 17-149 WSDOT Form 140-089 EF Exhibit C ���� �� Page 1 of 4 Revise.d 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant Agency rztains 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 17-149 WSDOT Form 140-089 EF Exlribit C � � � Page 2 of 4 Revised 10/30/2014 II. Any Other Electronic Files to Be Provided See Exhibit A. IIL Methods to Electronically Exchange Data E-mail,Compact Disk, DVD andlor Flash Drive WSDOT Form 140-089 EF Exhibit C � ��� � Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite Microsoft Windows 7, Microsoft Office 2007 B. Electronic Messaging System Microsvft Office Outl�ok 2007 C. File Transfers Format Adobe pdf,ZIP files, Microsoft Office: VVord(2007), Excel (2007), Project(2010), PowerPoint(20Q7), Publisher(2007) WSDOT Form 140-089 EF Eachibit C � � Page 4 of 4 Re�►SPd ini3oizo�a Exhibit D Prime Consultant Cost Computations See Exhibit D, attached. Agreement Number: CAG 17-149 WSDOT Form 140-089 EF Exhibit D � � Page 1 of 1 RPvised 10/30/2014 KPG Exhibit D CONSULTANT FEE DETERMINATION SUMMARY OF COST City of Renton Wells and Williams Conversion Project Salary Direct Salary Classification Cost Total Hours Total Cost Senior Engineer $217.42 20 $4,348.40 Project Manager $157.02 213 $33,445.26 Survey Manager $177.59 34 $6,038.06 Project Surveyor $114.68 303 $34,748.04 Sr. Proj Engineer/LA $142.42 322 $45,859.24 Sr. Dsn Engineer/LA/Surv $107.60 388 $4y,748.80 Design Engr/LA Tech $62.24 444 $27,634.56 Survey Field $85.27 376 $32,061,52 Technician $91.72 222 $20,361.84 Clerical $73.27 50 $3,663.50 Subtotal 2,372 $249,909.22 Direct Reimbursables Mileage $2,942.50 Amec Foster Wheeler $39,317.46 Traffic Control Services $10,000.00 CNI $22,950.00 Potholes $12,800.OQ Title Reports $13,500.00 Reproduction $0.00 Reimbursable Total $101,509.96 Total Agreement Amaunt $351,419.18 Management Reserve (MR} $30,500.00 Maximum Amount Payable $3g1�g1 g_1 g City of Renton Date:9/22/16 EXHIBIT D FEE SUMMARY ��G � Architacturc ♦ Y..andna:Apc Architcoturc i C"ivil t:nginecring ♦ Project: City of Renton Wells Ave S and Williams Ave S Conversion Project 9/22/2017 Description Estima#ed Fee WE 1 - ManagemenUCoordination/Administration $23,756.67 W E 2- Survey and Basemapping $115,514.99 WE 3- Preliminary Stormwater Analysis $8,356.44 W E 4-Traffic Analysis $9,042.00 WE 5 - Geotechnical Investigation $43,911.26 W E 6- Preliminary ROW Investigation $40,564.00 WE 7- Public Involvement $40,58d.74 WE 8- Urban Design and Preliminary Design $57,164.28 WE 9- Utility Coordination $12,528.80 Total Estimated Fee $351,419.18 City of Renton WellslWilliams Conversion i KPG 9/22/2017 FXHIE�IT D HOUR AND FEE ESTIMATE Project: City of Renton ��� Wells Ave S and Williams Ave S Conversion Project 9/22/2017 ♦ nr�n�:eotu,� ♦ Landscape Architectnrc • Civil Engineering ♦ Labar tFaur Estimate Total Fee QA Mngri Sr Dsn Engr/ Design 5enl�r Projeot Sun�ey Project Dsn Managar,t LAf EngrPit Survey WE DeseriptiOn Engineer Managsr Niynager Surveyor 5anlor LA% Suweyor LA''eah F'�eld Tech Ciefical Hours Hours LeP�or Gos� $217.42 5157.02 517�.59 $ 114.68 � 142.42 $ iCr7.8(7 5 62.24 $ 85.27 S 91.72 S 73.27 i WE 1-Mana emenVCoordinatioNAdministration ti Administra6on,Coordinatipn,Supervision.lmroicingi6monfhs: 0 12 0 0 5 G fl �.i 0 6 2a 3,178 S 3,17q.38 1 2 Meeting�with StaM('12 Mestings; 0 16 0 0 tE 6 6 6 � D .3f3 5,�84 � 5,164.4g �3 Prepare and Update Sche�ule 0 E 0 0 0 0 0 0 0 p fl 1256 5 �.256�16 1 9 Imernal PJ�ee:inc�s(1U Meet'�.ngs3 0 12 C 0 10 t� 1C 0 & D A8 5,557 $ $,55716 7 5 QAIOG � 8 3 3 2A fl 4 n � (� 5� Z63J S 7,530.A9 R2imbursabi=c�zy�nse5-seabreakdowniardetalis g '�,{F7D.C.Q Work Element Total 4 5b 3 3 56 18 20 0 6 6 172 22.686.6� S 23.756.67 WE 2-Surve and Basema in 2 i Survey Cantrol a 0 3 20 � D 0 8� 0 C� i�3 �:bd£� S 9.647 97 22 �ieldSurvey Q � ,_ 3C� 0 2u G 2E0 0 F 346 �2:�29 S 32,(�28.48 2 3 Utility locates 0 q a 20 0 0 0 0 6 0 24 3,t7�4 g 3,0(�3 96 2-" Rasamapping G 4 12 t0 0 ., 0 0 �86 0 2D6 2Q416 S 20.415.56 ?5 Potnr�les 0 . 0 0 � 0 0 18 i3 0 36 3.8fiG S ?,865 52 Re�mtrursabie expenses•see breakUown tor details 5 aE,552.5� Wark Eleme�t Total 0 8 31 $0 B 24 0 376 188 0 715 68,$62.49 S 115,514.99 WE 3-Preliminar Stormwater Anal sis 3.? Ex[s[ing S[orm and D&term�.ne Core Reyulremenis 0 0 0 �3 2 5 6 t7 0 C� 10 1.t�5 S 1.4a5 64 3 2 Onsite EMP Feasibdlty 0 _ C� fl B 2d p p 0 0 34 4.036 � 4,03`0 80 33 PrepareTer,hnicalMemo Q 2 0 D 8 'r6 Ct !} 9 G 26 3.i7^ S 3.175.00 Re�mbursable expans�s-sse qteakdo•m�tpr dsca��ls � Work Element Total 0 4 0 0 1$ 48 0 0 0 0 70 8,356.4-0 $ 8,35&.4A WE 4-Traftic Anat ais 4�'�. 2025 Analysis and Des+gn Scpport 0 0 D C7 G 3d 4 f) t7 v^ 42 4�;.i� $ 4,337%6 4 2 TeChnif.ai MemO 0 4 C) Q +� �4 24 � G Q ._ 4.7�•i 5 4,7p4 24 Re�r.thur5Att8 c�xpenses�,ee breakdn,�n for d�tails S WorkElementTotal 0 4 0 0 D 62 28 0 0 0 94 4.042.40 S 9,042.00 Crty of Renton Wells/Wr/liams Conversion 2 KPG 9/22/2017 EXHIBIT D HOUR AND FEE ESTIMATE Project: City of Renton ��� Wells Ave S and Williams Ave S Conversion Project 9/22/2017 ♦ a"h;"`�"re ♦ Landscape Architectvze ♦ Civil Engineering ♦ labor Hour Estimate 7ota1 Fee pA Mngrt Sr Dsn Engrt DeSign �, SAnior Projecz Survey Praject Can Manayed �N Ert�rtRld � Survey WE Description Engineer Msnager Mana�er Surveyor Senior LN Suro�yor LA Tecn '�� Fie1d � T��r.r�. Cler�cal Nours Nour� t,abor Cost $217A2 $157A2 ' $177.59 $ 114.6A $ 142.42 $ 107.60 $ 6?..24 $ 85.27 $ 9172 ' $ 73.27 WE 5-Geotechnical Investi tion 5' Admin�sGat(on,Coordina[io�and Su�+erv+sion 0 Q 0 0 0 � 0 0 0 6 e G S � ;�.2 Project Meetings 0 . D � 0 0 D 0 0 Q 4 S28 5 6:?8 OS 5 3 SubSurtace Exp[orafion 0 [ 0 0 0 0 0 0 D 0 2 a14 5 31a 04 �' 5 4 Laboratory�t"esf�ng 0 0 0 �� 0 0 C7 0 � 0 0 fl 5 • 5 5 Fnqineenng Analyss 0 � 0 Ct 0 0 0 U D Q �0 6 S - 5.8 Gecdechrrlca�Fle�rt 0 18 0 0 8 0 Q � 0 0 24 �,$�4 $ 3,�51.E,3 ReimCursaQle e��menses-5e6 breakdamn tpr details S 39,31?-46 Work Element Total 0 22 0 0 8 0 0 0 0 0 30 A.593.80 $ 43,911.26 WE 6-Preiimina ROW Investi ation 6 7 Order Title Reports ana Researoh Titfe'40 t'ar;;eis) 4 0 0 ��JQ G ,. D 0 D 0 'C!t) 1�,468 S ��.,a68 00 62 Existina ROW and Pareet Drafting t� 0 �? 12Q 9 0 0 t� 2D 0 z4� 15,596 j t 5.596.Op RErmb��+rsabi��x�enpes-see rreakdown for Ae'ait5 5 i3,5Q0.00 Work Element Total 0 0 0 220 0 4 0 0 20 0 240 27,064.40 $ 40.S64.OQ WE 7-Public Involvement '1 Busine55iProperryOwrrerMeeth�g5(80790,�ssumed) 0 45 0 0 0 0 �20 0 0 24 :89 t6,293 S '6,25318 7.r C}Pen HcuSe(2 A�sumed� � 24 D 6 16 dII d8 C ., 16 `60 ti,t t` � R.t i i 20 7 3 Website Uraphic;and Ftiers D c 0 0 C 12 12 0 Q 6 26 2.362 � 2,35^<12 7.4 PUtrtic OutreaCh t',Oordinetlo�(4 ma5t1ng5j 0 9 0 e 8 8 8 � 0 0 32 3.75< $ 3,75d.24 Reimbursabie�e�ens�eS.•S�e breakdqlvn tor deta�i, $ t.07Q 60 Work Element Total 8 79 0 0 24 68 188 0 0 40 407 39.510.74 S 40,580.74 WE 8-Urban Deaiqn and Preliminary Design $.7 Vrb8n CBStgn Rapprt 4 4 0 0 24 2a 32 0 0 S 92 9.783 5 9.7b3.(h� g� Pr�I�m,nAryDeS;t�n a $ 0 0 tpc 716 5& 0 8 0 33G 36.728 � 36,727,g'�. 8.3 iltum�ntttlon AG�RhpUTt 6 0 0 G 16. U �10 C 0 U 59 d.768 S 4,788.32 g d (>pm€pn ol C4st 0 - 0 0 iFi 24 t6 D C , 60 �S,+185 5 E,465.04 Reimbursable e��s95-see breakdcvm fc�asiails S � Work Element Total 8 f6 0 0 160 164 184 0 8 4 544 57.164.28 S 57,164.28 City of Renton We!lsfWi!liams Conversiort 3 KPG 9i22/2Q t 7 EXHIBI7 D HOUR AND FEE ESTIMATE Project: City of Renton ��� Welis Ave S and Williams Ave S Conversion Project 9/22/2017 ♦ '°"�h`�`ciuf` • L.endscape Architecturc ♦ Civii Engineering ♦ tabor Hour Estimate Total Fee (]A Mngri Sr Dsn Engrt Des(gn Senior Pro}ect Suroey Project �sn Naneged LN EnGdf'l! Survey WE DeSttiptiOO Engineer Manager Manage� S�!veyor Scnior LA�` S��rveyor '�_A Tech ��ield Tech Cterica' Hoors HourG Labor Cost $217.42 $157.02 5177,59 � 114.68 $ 142.42 $ 107.60 $ 62.24 $ 8527 �u 91.72 $ 73.27 WE 9-Utiii CoOrdirtation 9.i �ettertoUtiiifias o 8 0 o a D G � 0 0 t2 >,826 'S �,C25,g. 9.� U6lfiy Confiict Plsn 0 Q 0 �5 7.6 0 24 6 D 0 s4 3.??2 $ 3�T:»g 3 3 Meetings wiN Utilitlas{2 Meetfnys) 0 8 0 fl 4 4 0 0 0 0 t6 ?.258 5 :,2;,G,24 9.4 MeeUogs with HNSF(2 Meetings) 0 8 D 0 2a 0 G , 0 0 32 a,67a � G.�;7�.2+t . Reimbursabie ezpen52s-see breakduwr'or dFtails g � Work Element Total 0 24 0 0 48 4 24 0 4 0 100 12.528.&p S 12,626.80 TOTAL HOURS AND TOTAL ESTIMA7E0 FEE 20 213 34 303 322 388 444 376 222 50 2372 249909 S 351,419.18 530,50d.00 S381,919.18 Nelson Sessyle Mike Ron O�ivia Karina Emily Phil Vonnie Oani Paui Jason Liz Phuong Casey Justin Karen 7erri Jan Michael Yaxin Kirk John Judy Hay Joe 21 Z42 157 02 i 7759 114.68 15Q.91 101.69 70 34 $9 38 9S 23 T6.19 217,42 157 02 133.04 98 45 61.54 81.76 8821 70.34 138.89 114_29 5627 146.82 111.93 64.46 117.64 58.61 avg 217.42 157 02 1 i 7.59 114 68 142..�2 t 07.60 622c 85.27 91.72 73.2? City of Aenton WeUs/Wil7rams Conversion 4 KPG .4/22/2017 ExHiai;o HOUH AND FEE ESTIMATE Project: City of Renton ��� Wells Ave S and Williams Ave S Conversion Project ♦ prchiteccure ♦ 9/22/2017 C.andacapc A�hiteacure ♦ Civil EnQineer3ng ♦ Reimburea6le Breakdown . WE 1-MaoagemenUCoardination(Administration PAlleag P.I 2��s�mi{es x pS35 cents/m�le) " 1.074G0 ReRroduc.tion _ _ , Total $ 1,070.00 WE 2-Survey and Basemapping Mileage{est. 1500 miies x 0.535 cen�s/mile) Utiiity Locates(CN11 S 80250 S 22,9,�CJ.tk3 Potholes{�2 C��tt}Qea} 5 t2,A�7.C3(1 lraffic Control Servlcss-Plans and Traific Gonirol(Task 2.2) � 1q ppp r� Total $ 46 552 50 WE 3-Preliminary Stormwater Anelysis Mileage ; , Neproduct!on _ Total � WE 4-Tra�fic Anatysis hAileaqe . Heproduction Total g WE 5-Geotechnical Investigation Mileage � , Heproduction � _ Amec Foster W.heeler $ 39,317.46 Total S 39,317.46 WE 6-OreliminAry ROW InveStigation Tltle Heptlrts(3Q d��$456ea? g �3,50�.00 Reproduction � _ Total $ 13,500.00 WE 7-Public Involvement Mile�ge{est.26p4 miies x 0,535 cen�s/mila_) $ 1,070,OG HeF�r4duclion $ . S • Total � 1,070.00 WE 8-Urban 6esign and Preliminary Design Mileage __ g Heproduction � Total g _ WE 9-Utility Coordination Mileage c� Reoroduction y � Total � TOTALREIMBURSABLES $ 1Q1,509.96 Gity ot Renton Welts�Wdliams Conversion 5 KPG 3/22/2017 EXHIBIT D Employees Title Rate Sessyle Asato QA/QC Manager $155.12 Paul Fuesel LA Manager $214.75 Nelson Davis Principal $214.75 Jason Fritzler Project Manager $155.12 Olivia Paraschiv Engineering Lead $149.06 Kirk Smith Stormwater Lead $145.01 Ray Edralin Stormwater Engineer $11026 Michael Lapham Traffic Analysis Lead $112.89 Jan Ciganik Signal/Illumination/ITS Lead $137.18 Karina Franada Roadway Lead $100.44 Nelle Alexander Utility Lead $99.86 Mike Bawen Survey Lead $175.40 Ron Reichel ROW $113.47 Phil Adams Survey Field $88.28 Justin Williams Survey Field $80.16 Karen Weisser Survey Tech $87.12 Chris Johnson Survey Tech $71.78 Elizabeth Gibson Landscape/Irrigat+on Lead $131.41 Phuong Nguyen Urban Design Lead $97.24 Nathan Monroe CM Lead $119.25 John Davies Traffic Engineer $110.55 Blake Costa Signal/Lighting Engineer $66.85 Emily Logan Roadway Engineer $69.47 Casey Jeszeck Roadway Engineer $60.78 Judy Johnson Landscape Tech $63.67 Yaxin Shi Landscape Tech $55.58 Danielle W inklemann Admin $7525 Terri Simms Admin $�9,47 Michelle Torres Admin $47.17 Joe Giacobazzi Public Inv Lead $57.89 Vonnie Stockman CAD Tech $94.06 City of Renton WellslWilliams Conversion 6 KPG 9/22/2017 � V�ashangton State Transportation Building �,,,� D�partmeoy# of '�ranapartatlon 310 Maple Park Avanue S.E. P.O.Box 47300 Olympia,WA 9850A-7300 36D-705-70D0 TTY:1-800-833-6388 www,wsdot.wa.gov April 10, 2017 KPG, Inc. 3131 Elliott Avenu�, Suite 400 Seattle, WA 98121 Subject: Acceptance FYE 2016 ICR —Risk Assessment Review Dear Ms. Susan Rowe: Based on Washington State Departrnent of Transpottation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 201b ICR oi" 138.02%. This rate is applicable ta Washington Local Agency Contracts only. This rate may bc subject to additional review if cansidered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs bi�led to agreements/contracts will strll be subject to audit of actual costs, based on the terms and corlditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptabiliry of'the ICR. If you have any guestioi�s, feel free to contact our office at (360) 705-7019 or via email ctait�;t�lt.��ttratctit��wtiticyt ��rtz�*,��v. Re�ards; Jonson, Erik ��,��.,,..--__ cosign ERIK K. JONSON Mat�ager, ConsuItant Serviees Office EKJ:kms Ac:e„ta�re 3C�Fc Ri.sk A.ae,�r; i _ axt ke�;ew� 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 AGREEMEN'I'withoui prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of fhis AGREEMENT. _ See Exhibit E, attached. Agreement Number: GAG� 17-149 WSDOT Form 140-089 EF Exhi6it Em � T� Page 1 of 1 Revised 1 D/30/2n14 Exhibit E � c�fT1CC �O5�E't` WIIE'@{£'(" G,EOTECHNICAL ENGINEERING Wells Avenue S & Williams Ave S Conversion Project Renton, Washington March 2017 TASK 1 — GE4TECHNICAL ENGINEERING The following items are to be perFormed by the sub-consultant, Amec Foster Wheeier Environment & Infrastructure, Inc. (Amec Foster Wheeler), under this task. Assumptions for Task 1: � The budget shown in Exhibit G assumes this task is six (6) months in duration. * Basemap showing topography, existing structures, and utilities will be provided to Amec Foster Wheeler prior to the field exploration, � CITY will provide ROW Use Permit(s) based on traffic control plans provided by Amec Foster Wheeler. Any fees or deposits related to ROW Use Permits will be waived by the CiTY. • Field exploration can be conducted during normal business hoy�rs (Monday through Friday, 7 am -7 pm) within traffic lanes. If I�mited work hours are required by the CITY, field costs will increase and a budget increase may be needed. • Asphalt and concrete pavement will be less than 16 inches thick. If the pavement is thicker than 16 inches, the field costs will increase and a budget increase may be needed. • Pavement core holes will be patched with asphalt cold patch. • Soil borings will be backfilled immediately after sampling. Groundwater wells will not be installed. * ClTY will pravide available historical road and utility construction information, such as pavement condition reports and as-builts from previous paving and utility projects. « Preliminary plans showing the proposed improvements will be provided to Amec Foster Wheeler for engineering analyses and report preparation. • The CONSULTANT with input from the CITY will provide traffic volumes, assumed design life, and assumed traffic growth ta Amec Foster Wheeler for pavement design. • Engineering for pole foundations will be based on WSDOT design methods; pavement design will be based on WSDOT and AASHTO methods; and Page 1 Exhibit E preliminary stormwater infiltration conclusions will be based an the City of Renton's Stormwater Design Manual. • If stormwater infiltration becomes part of the project design, additional exploration and testing will be needed for design. It is assumed that the additional work would be per�ormed after 30% design is complete. Amec Foster Wheeler wil! provide geotechnical engineering services to investigate the pavement and subsurface conditions, and provide recornmendations for signal poie foundations, stormwater infiltration, and new pavement sections. These services will include visual surface mapping of pavement conditions, pavement coring, soi! borings, laboratory testing, and the preparation of a geotechnical engineering report. 1.� Administration, Coordination and Supervision • Initiate project set-up including establishment of contracts, charge codes, and creation of project files (electronic and physical). * Coordinate task work activities and project schedule with CONSULTANT and service companies. • Supervision of Amec Foster Wheeler personnel and activities to ensure compliance with contract scope and schedule and proper charging of time against the contract. + Oversite of activities of service companies for compliance with contract scope, schedule and budget. • Preparation of monthly invoices with progress reports that include the following: o Spreadsheet summary of budget, expenses to date, expenses for invoice period. o Summary of work accomplished for the invoice period. o Estimate af percent of work complete for the invoice period, to justify fee earned. o Summary of outstanding issues to be resolved by the CITY and/or CONSULTANT. o Backup detail that include the name, direct salary rate and hours charged by date, for each individual charging time to this contract, for the work period. o Backup detail of all direct non-salary costs included in the invoice for the work period. 1.2 — Project Meetings * Project Kickoff Meeting —After receiving a Notice to Proceed (NTP) from the CONSULTANT, attend a project kickoff ineeting with key City and CONSULTANT design team personnel. The purpose of the meeting is to discuss key elements of the SCOPE, project schedule timelines and critical path elements. This meeting is to be held at Renton City Hall, + Design coordination meeting with CITY and CONSULTANT staff. It is estimated that Amec Foster Wheeler will attend one meeting at Renton City Hall. Page 2 Exhibit E • Internal design coordination meetings —Amec Foster Wheeler will conduc# regular internal design coordination meetings with key design team members and as applicable Amec Foster Wheeler sub-consultants. 1.3 Subsurface Exploration. 1.3.1 Site Reconnaissance:An Amec Foster Wheeler geofechnical engineer wrll walk the length of the project fo identify significant surface features (like pavement damage) that may influence where to lacate explorations. They will also select potential coring and boring locations marked with white paint for utility locafors, prior fo any drilling. 1.3.2 Field Exploration Preparation: The following activities will be performed in preparation of the subsurface invesfigation: * Amec Foster Wheeler will prepare traffic control plans and apply for a ROW Use permit from the CITY. � AMEC will schedule drilling and traffic control services. * Amec Foster Wheeler wil! notify the Und�rground Utility Location Center of the proposed drilling locations and allow time for the utilities in the vicinity to be located with paint. 1.3.3 Field Exploration: This exploration is focused primarily on characterizing pavement and soil conditions at the four intersections of lNe!!s and Wrlliams Avenues, and 2nd and 3rd Streets. The exploration wrll also provide preliminary infiltration information north of 2nd Street along WeNs and Wiltiams Avenues. • Traffic control will be subcontracted to place signs, cones, and flaggers to route traffic around the work area in accordance with C1TY approved traffic controi plans. * Pavement coring and subsurface drilling will be subcontracted. A truck or trailer maunted drill rig will be used to drill hollow-stem auger borings with standard penetration test sampling at 2.5 or 5 foot intervals. The depth of groundwater wil! be measured within the bore hole at the time of drilling. • Two borings will be drilled at each of the four intersections of Wells and Williams Avenues, and 2�d and 3�d Streets, to depths of 20 to 25 feet, to collect pavement cores and soil samples. Two boring will be drilled along Wells Avenue between 3rd Sfireet and Main Street to depths of 25 feet or to the groundwater table if shallower. Two boring will be drilled along Williams Avenue between 3rd Street and Main Street to depths of 25 feet or to the groundwater table if shallower. (Total of 12 borings and 300 feet of drilling budgeted) See the Proposed Explorations figure for the tentative boring locations. 1.4 Laboratory testing of soil samples. • Four (one sample frorn each intersection) California Bearing Ratio (CBR) tests will be conducted to determine the subgrade strength for new pavement Page 3 Exhibit E at the intersections, � 12 (one from each boring) Grain Size Distributions (GSD) will be conducted to correlate pole foundation resistance and preliminary infiltration rates. � 12 (one from each baring) moisture contents from samples collected near the interpreted groundwater table. 1.5 Review and Engineering Analysis: * Review available historical information such as: o Available construction documents provided by the CITY from previous projects in the vicinity. o Pavement con�ition reports from the ClTY {if available). o Traffic counts from the CONSULTANT. o Topographic survey showing existing surface features and utilities. • Review the exploration logs and prepare site plans and geologic profile figures. • Carrelate laboratory testing results to estimate the feasibility of stormwater infiltration. • Engineering anafysis for pavement sections and pole foundations. 1.6 Geotechnical Engineering Report. The report will include: • Description of the existing pavement conditions; • Description of the subsurface conditions; • Preliminary conclusions regarding the potential for stormwater infiltration; • Recommendations for pole foundations in accordance with WSDOT including lateral soil bearing pressure and torsional soil friction; � Verify the suitability of using the same pavement sections that were used for repaving Main Street: o Raised Portland cernent concrete for the intersections; o New asphalt pavement if needed for the bike lane; o Asphalt pavement overlay. A draft report wil! be provided to the COfVSULTANT for review by the CONSULTANT and CITY. Once review comments are received, a final repart will be submitted to the CpNSULTANT to deliver to the CITY. DELIVERABLES: The following deliverables are included in Task 1. * Completed ROW Use Permit application and associated traffic control plan; * Boring logs and site plan of the boring loca#ions; • Draft Geotechnical Engineering Report; and * Final Geotechnical Engineering Report that incorporates review comments. Page 4 EXHIBIT Gi - SUMMARY OF COSTS ��� � ��� Geotechnical Siudy � �, Welis and Williams Avenues amec Renton, Washington foster whee(er Amec Foster Wheeler Environment & Infrastructure, lnc. DIRECT SALARY COST(DSC): Classification(AMEC Gfass Ccade} Hours x Mourly Rate - Cost Task Total Prmci�al C��otaohni�al Engineer{�2A to 625? 4 $�2.63 ,2gp.�� Associate Engineer(620 to 623) 49 $66.85 $3,275.65 Senior Geologist/Engineer(616 to 619) 22 $44.40 $976.80 Project Geologist/Engineer(614 to 615) 53 $39.57 $2,097.21 Staff Geologist/Engineer(611 to 613} 8 $32.10 $256.80 CAD Drafter(517) 12 $31.52 $378.24 Clerical/Word Processar(£�(l8 to E�O�J} 1p $26,p6 �260.60 TCITAL C�SC _yA158 57.535.£�2 OVERHEAD COS7(OH COST-including salary additives); �� OH Rate of 1.4557 x DSG 1.4557 x $7,535.82 = $10,969.89 FIXED FEE(FF): FF Rate of 0.30 x(DSC) 0.3 x $7,535.82 = $2,260,75 REIMBURSAB�ES: Fiefd Expenses(mileage, equipment, etc.} $317.50 Subcontract Expenses(0%mark-up) $18,233.5o TOTAL REIMBURSABLES - $i8,551.00 TOTAL $39,317.46 tevel of Effort Hours Estimate ,-;;.� � F'erson�ne(and M�xirnum F�f�r�r�� RatFs PerCatBCJri ��.. ,� "� � �LZ �fl r� �,� �*� �.n O ,�,�^� �.0 2r ,? C� �i �A � �' `a .� ��? Qa�$ � '1�" ry.s �.^'T! f+W .,,Q � �CS "'. �. ti, l.. � cl(T)2 C ���� c�a�.,,, � ��� �Q c��. �-,r �,o �,U,s�., � ��...� \,��, `s� i�.,, f o ste r ��� �� ��' t�`�' �° �� �,,, i; �� �� G h�a� � �W � � �,'� ��a ���,o .. � c> O , � whee�er ��'��� �'°� �,cQ�� �n�' �os ���� q.`� ���a�� ,,,�>�>: 4'r <tr �J W Q �4 � <v Cs 4' hy ta« Task Taskt?escnPGon t�L.s,:t S�';.�t, ;��a G; .33�7, �:�i� i �-ti q�5 hours i.i Administratian,Coordination,Supervision Subc.ontract seEup 4 �, �nv+aicing e ? tc pr�ec!man0 �ment �- � � , 12 Meetin s r tvSp2Eirt 5 U�4�h[",6Sy an!t Kpf`i F; �. �"+Aee?in�-g.vrilh KPG 8 f� 1.3 Subsurface Ex loration i�F r4�t.ur�-;nCi uislity I�.:.j!r3 - 3 r� t r9t'ic C;u�r?riti AiBtts.Appty i�>r r'E�a;E iJse C�mtii,S2f@ly 2 „ �rpmq an:�rOrirrg `:n 1.4 Labarator Testin Sett M:i ;.,il s�1mp'es+c.�!ab tss;ing , s Revievnr. �ab r3s�ing resuRs � 1.5 Review and Anai sis 8qtiq Iq � 2 4 1-� � t'E2r•:c;-:r��.PtO!M?S E ' ,,;>> E��rneerir,r� � �+ 1i} � 1.6 Re ortin 3?eptrri p�e�a'atron 8 10 � 2 4 �r, � total hours per category 4 49 22 53 8 12 10 158 DSC(Direct Salary Cost) � 291 $ 3,276 � 977 $ 2,097 � 257 $ �78 � 261 $ 7,536 OH=QSC X 1.4557 � 423 $ 4,768 S �,422 S 3,053 � 374 .fi 55 f $ 379 $ 14.970 FF=0.30 X{DSC) g 87 $ 983 $ 293 S 629 $ 77 $ 1 13 � 78 g 2,261 Tota!burdened labar S 8di $ 9,027 � 2,692 S 6,779 � 7Ci8 $ 1,C142 $ 718 $ 2E3,766 Subtotai AMEC Expenses S 31$ Subtofal Subcontract Exeenses D 18,234 0°'o markup $ - TOTAL ODCs � �g,�71 TOl AL FSTIMATED FEE S 39.317 Est:matsd Fee Summary Other Direct Costs ��y� �� amec foster Breakdown of Expenses wheeler AMEC,_.Ex�enacs � Cxpensc Iterr� {}u�s�� Unh Un't Cc,st Tctat � Milettc�C 500 fv}i165 SG.;'i35 �_ � �268 r��r�s�,�ax,i��� � ��cn ���:v� $,a �u#�rat�rl At<<9£C���cnsc,s �__ ;3 tc, Subcontract Laborat�E�enses �� E xpett&e Item t7u��:5City Unil Uitit Cost Total Maisture 12 E�r.h S2#7 S2a4.00 -___._.. M_._m,__.�.-- - Gr�in Sizo pi5tribultOrt 17. EaCh Si ifl g1.3rp.(}p Caiiforni��lcann�R�t�o�GCii�� 4 ��_ E�Ct� $5p(i �?.d4G,OQ Subtot�l Labartzt�r��f=x��r�ses �'3.a6d Subcontract Private Utility Locate(APS� �Expcnsa ltem Ou�nlity Un� ttnit Cos! Tata} L:�bor 6 hr.�urs St3fl $.t8p,�() Strt�tofaf Prrv&ic+t oGate C-.�•�rCnsnS �'�._ �C�Q(1 Subcontr�ct Traffic Cantrot Plans(Kenny's TraNlc Gantroi Pfans) CxperYse Itom Oaanli�Y Un�t Unit�csst Ta�al l�abor 5 hours 5100 �.�(�p Subtoral 7'n31t�c Cr�r:�rot l�t;rra[a�por�s�s g,�Op Subcontract TraHic Controi Serviccs(�meraid City F,,_Ia�c�ing� _ Cx 30nSe Itern {}ta�nl�i 1Jni1 Un's1 Cosl FOtal � MobiiiaaiEan 3 tiay $25 $7�i 8arrier TruCk clays �5U!} $Q S�c1��te 9 each S4 S;�G Cpnos 50 e�,ch SQ,fiS �538 Arrov�lto<trtts day S t Dd �(; Ec�4i�pmeni Trt,r.k 3 daY 575 S22y � rEaq 6rs 24 h0ut $55 $,,��q Subtatat Tr�Nic Gontr�i S�n�ice E'x�orrses 3�,sgq SubContraci priliinp(Geatoqic Drill.Inc) �anCe tiam C}u��ntilv Unit Jnit Gc�St To1al D�illinc�ttstimale 1 oach �7 g�p �7 gpp _ CancrUte caring 12 eacli � 5700 �_.—_._S2 a�U Expan dnil cutl,nns 3 daY $60p $;,�i00�- � SuUtntai t7nllinrj�'x,oc.r�ses � � W $t?..UDU Subi�tal AMEC Expenses $316 S�btmal Svbcontract Expenses $i8,234 0°!mark-ra on subcontract ex 7crnses �p TotAi Other Direct Cpsts g�g ygy 7,'7 1/L017 EXHiBIT G-2 Subconsultant Fee Deterrnination Summary Sheet ACTUALS NOT TO EXCEED TABLE Welts and Williams Avenues,Renton,WA ��' � }r �{ P.mec Foster Wheeler Environment& Infrastructure, Ine. �� 11810 North Craek P�rkway North amec Bothel,, Wa�hingtcn 98�J11 Prepared 22 Mar 17 foster Rates Valid thrvugh 30 5ep 17 whee(er Current Rates Overhead Fee Biliin�Rate _ _ Mini�num Maximum Miraimum Maximurr, �,Airiirr�um Naxim��m Mlnim�m t�taximam Base dir�ct l�6or 145.57°t� 30.00°io Billin Ratew Direct lass Code Class Code Descri tion Rate Rate_�� �(}H OH Fee Fee y Rate Rate PF#qFESSIONAL 1,EVELS 6171 Professianal Level 1 $11.00 $1�.72 $16.01 $17,06 $3.30 $3.52 �3d.3' $32.3� fi02 Profession�l�evel 2 $11.73 $13 2B $17.08 $19.33 $3.52 603 Prcfessional�evel 3 �3 95 $3?•32 $36.60 $13.29 $;4.gq $19.35 $�1.50 $3.99 $4.4F $3b.6� $40.93 604 Pr�fessional Level 4 $14.85 $16.4i $21.62 $23 89 $G.46 $4.92 $4U.92 $45.22 605 Profasslona Level5 $16.42 $17.97 $23.90 $28,16 $4.93 $5.39 $45,25 $49.52 606 Professiona(Leve!6 $17.98 $19.53 $26,17 $2g,43 $5 39 $5.86 $49.55 $5.3.82 6Q7 Prefessional l evel 7 $19.54 $21.09 $?�,44 $30.?0 $6.33 608 Professional Level$ $5�a� $53.85 $58.12 $21.10 $22.fi6 $30.72 $32.99 $f.33 $6.SC $58.15 $62.44 6C9 Profess�onaf Lerel 9 $22.67 $24.22 $33 00 $35.2r $7.27 61G Professionel Level 10 ��'8�� $62.h� �56.74 $24.23 $25.78 5�5.27 $37.53 $7.27 $7.73 $6f.'7 $71.04 611 Professional�evel 11 $25.79 $28 26 $37.54 $41.17 $7JQ $8.48 $71.07 $77 93 612 i'rofessional Level 12 528.29 $31.25 $41.18 $�15.4J $8.49 613 Frofessional Level 13 $37,2� $`��j� $7��9c $8b.?2 $34.32 $45.Sf $49,96 $9.3E $i 0.30 $86.14 $94.58 614 Professional level ?4 $34.33 $37.30 $49.97 $5�.30 $10.?0 $11.19 $g4.60 $1u2.79 615 Professional Level 15 $37.31 $40.50 $54.31 $58.96 $i 1.19 $12 15 $1U2,82 $111.61 616 Professional Level 16 $4d.51 $43.55 $58.97 $63.40 $12.15 $13 07 $111.63 $120.t)1 617 Prcfessior;al Levei 17 $43.56 $47 19 $63,4� $68.69 $?3.G7 $14 16 $120.04 618 Professional Level 18 $47.20 $t30.0�1 $50J0 $68Jt $73,90 $14.16 $15.21 $13d.07 $139.71 619 Professiona!Level 19 $50.7� $54.21 $73.82 $78.91 $15.21 $16.25 $139J4 $149.33 fi20 Professiona;Level 20 $54.22 $57J2 $78.g3 $84.02 $16.27 $17.32 $149.41 $159.46 621 Professiona' Level 21 $57.73 $61.23 $84.04 $89.13 $17 32 $i 8.37 $759A9 622 Professiona!Level22 $81,2G $7e8.;3 $6474 $B9.15 $94.24 $18.37 $19.42 $168J6 $;78.40 623 Professionaf Levei 23 $64.75 $68.25 g94.26 $99.35 $19.43 $20.48 $178.43 $18E�.08 624 Professional Leve!24 $68.26 $71.76 $G9.37 $1G4.46 $20,48 = 625 Professional Level 25 $71,77 $21.�3 $1b8 16 $197,75 $75.27 $104.48 $109.57 $21.53 $22.58 $f97.78 $207.A2 626 Professional Level 26 $7528 $145.Q0 $109 59 $211.08 $2?_.5A 7ECNN1CAl�EVELS $�3.5C $207.45 $399.58 501 Technician Level 1 $£3.00 $8.00 $11.fi5 $11.65 $2.40 $2A0 $22.05 $22 05 502 Technician Leve!2 $8A1 $8.90 $11.66 $12.96 $2.40 $2.67 $22.07 $24,53 503 Technician Level 3 $8.91 $9.80 $1297 $14,27 $2.67 $2,gq $p4.55 504 Technician Levei 4 �g.g� �2�•Q1 $10.70 $14.28 $15.5$ $2.94 $3.21 $27.03 $29.49 505 Technir,ian Levol 5 $10.71 �11.60 $15.59 $16.Bg �3.21 g3 qg 506 Technician Levol 6 $29.51 $31.97 $11.61 $12.50 $1"0.90 $18.20 $3.ng �3.75 $31.99 $34.45 507 Technician Levol 7 $1251 $13.50 $19.2i $19.65 $',;75 $4.05 �34.47 $37.20 5�8 Technician level8 $13.51 $14.50 $19,67 $21,11 $4 u5 $4.35 509 Technician Level 9 $�4.51 $37.23 $39.9fi $15.50 �21.12 $22.56 $4.35 $4.65 $39.99 $A2.71 516 Technician Level 10 $15.51 $17.Op y�2258 $2475 $G.65 511 Techrician Level 11 $5.10 $42I4 $��,�5 $17.01 $18.50 $24.76 $26.93 $51Q $5.55 $46.87 $50.98 5t2 Technician Lovel 12 $f8.51 $2p.50 $26.95 $29.84 $5.55 $6.15 �51,C1 $56.49 515 Technician Level 13 $20.51 $23A0 $29.86 $33 48 $6.15 $8.90 $5�52 $63.38 514 Technician Lovel 14 $23 q1 $25.5p $33.5C $37.12 $6.9d $7.65 $63.41 $70.27 515 Technician Level 15 $25.5f $28.40 $37.13 $40 76 $7.65 51 fi Technician Level 16 �� $8.40 $70.30 $�7.t 6 $28.01 $3.150 $40.77 $44.40 $$.h0 $9.15 $77.19 $84.05 517 Techn'cfan Levei 77 $30 51 $33.00 $44 4i $48.64 $g.15 a 5i8 Technician level 18 �9•�� $�4.�� $9G,94 $33.01 $40.00 �48,05 $58.23 $9.90 $12.00 $90.97 $11J.23 ��m�Nrsr�arivE�.�u��.s 801 Administrative Levei 1 $6.36 $9.17 $9,26 $i3.35 $1.91 $2.75 $17.53 $25.27 8�2 Administrative Level 2 $9.18 $10.93 $13.36 $15.91 $2.75 $3.28 $'L5.30 $3G.12 803 AdministrativeLevel3 $10.94 $12,69 $15.93 $i8.47 $3.28 $3.81 $30.15 $34.97 804 Administr�tive Level 4 $12.70 $14 45 $?8.49 $21 03 $3.81 $4.34 $35.00 $39.E2 8Q5 Adminlstrative Level 5 $14 46 $16.21 $21.05 $23.60 $4.U4 $4.86 $3g.85 $44_67 806 Administrative Level 6 $16.22 $17.97 $23.61 $28.f6 $4.87 $5.39 $44.70 $49.52 �07 Administra!ive Levei 7 $17.98 �20.48 $2fi 17 $2g,81 $5.39 $6.14 $49.55 $56.44 8u6 Administrative�evel 8 $20.49 $23.49 $29.83 $34.19 $6.15 $7.05 $56.46 $64.73 809 Admi�istrative Levei 9 $23.50 $26.50 $34 21 $38.58 S7.05 $7.55 $64.76 $73.03 81G Administraih�e t evol 10 $?_6.51 $50.Ot� $38.59 $72.79 $7 95 $15.d� $?3.05 $137 79 Labor rates below the 4Vashington 5tate Minimum V'Jage apply to employees ir other states Tabie may h�ve minor rounding errors. All direct reimGursables will be billeo ai cosi with no mark-ups. AIf travel will ba bi;ied per the WSDJT Acceu�tirg Manual h1 13-82,Chapler 16,7ravel. These rate;may be used for the fife ot the contract,assuming 5°'o escalation each year. Direct Reimbursable Costs Reprographics At Cost Teiephcne At Cost Couriers 1 Deli�deries At Costs Truck Rentafs At Cast COpies $.Q12/copy Field equipmeni At Cost Fax $1.00/Ga�e Miieage.,per Traval Direciive $,54/mile � T� Washington &tate Transportation 8uilding t�ePart►�en# of Transportation 3�0 Maple Park kvenue S.E. P,O, Box 4730Q Olympia,WA 9E504-7300 360-705-700G 7TY:1-80D-833-6388 www.wsdot.wa.gov .1une 22, 2C117 Amac Foster Wheeler Envirorunent & Infrastructure, Inc. I 1015 Lakewood Parkway, Suite 300 Alph3retta, GA 30009 Sub,ject: Acceptance FI'E 2016 ICR—Cognizant Review Dear Mr. Rddie Goyne: We have accepted your finns F�� 2016 Indirect Cost Rate (ICR) of 145,57% vf c�ire.ct la�ior for the hom_e office and 126.59% of direct labor for the field office based on the "Cognizant Review" from The� Georgia Department ��f Transportation (GDOT). These rates will Li� applicable for WSDOT A��eeinents and Local A�ency Contracts ii� WasEaington only. Th.is rate n�ay be subject to additional review if considered necessary by WSDOT. Your ICR mast be updated on an annual basis. Costs billed to agreerneni:s/contracts will st:i11 be subject to audit of actual costs, based on Che terans and conditions of the respe�ctive agreement/contraet. Any other entity contracting with your finn is responsible for deter�mining tt�e acceptability of the ICR. If you have any cauestions, feel free to contact oui- offiee at(36f1) 705-7Q19 or via email cG�nsuit��r7li�iEtcsC�=�ti�scl�,t,���.t.�:t,v. Regards; Jonson, Erik `�,���-,�.�.�-�--� cosign ERIK K. JpNSON Manager, Consultant Services Office EKJ: ?�..'cr�rPilr?�;`14 ri �.t;�. ,.±�f k,t:cvv ;Exhibit F Title Vl Assurances During the performance of this AGRE�MGNT, the CONSULTANT, for itself, its assignees, and suceessors in interest a�rees as follows: 1. Compliance with Regulations: The CONSUl;I'ANT sl�all comply with the Regulations relative to non- discritnination in federally assisted programs of tlie AGENC'Y, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred lo as tl�e "REGtJLATIONS"), which are hcrein incorporated by reference and made a part c�f this AGREEMF,NT. 2. Non-discriinination: The CONSULTANT, with regard to th.e work pez-forn�ed during this AGREEMCNT, sllall not discriminate on the grounds of race, color, sex, or national rn�igin in ihe selectiotl and retention of sub-consultants, including procurement of materials anci leas�s of equipment. The CONSLTLTANT shall not participate eithcr directly or indirectly in the discrimination prohibited by Section 2l,5 of the RI;CULATIONS, including employment practices wl�en this AUREEMENT covers a program set forth in Appendix B of'the RF,GI7LATIONS. 3. Solicitations for Sub-consultants, Including Proeurement of Materials and F,quipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or• leases of equipment, each potential sub- consultant ar supplier shall be natified by the CONSUI;1'ANT of t11e CONSULTANT's obligations under this AGREEMENT and the Rr GULATIO�NS relative tt> non-discrimination on the grounds of race, color, sex, or nationa] origin. 4, Infonnation and Reports: The CONSULTANT shall provide all infarnlation and reports required by the REGiJLATIONS or directives issued pursiiant thereto, and shall pennit access to its books, records, accolmts, other sources of information, and its facilities as rnay be determined by the AGENCY, the S7AT'E, or tlle Federal Hig,l�way Administration (FHWA) to be perlinent to ascertain complia�nce with such RRGl1LATIONS, �rders and instructions. Where any information required of a CON�SULTANT is in the exclusive possession of another who fails or eef'uses to furnish this information, the CONSULTnN"1'shall so certify to the AGENCY, the STATE, or the F}�VJA as apprapriate, and shall sct forth what eftorts ii has made to obtain the inforination. S. Sanctions for Non-compliance: In thE event of the GONSUI:I'ANT's non-compliance with the non- discrimination provisions of this AGRI;r;MFNT, the AGENCY shall impose sucli ACi12EEMEN7�sanctions as it, the STATE, or tl�e FHWA may determine to be appropriate, including, but not limited to: • Withholding oFpayments to the CONSULTAN"I'under this AGRCEMENT until the CONSt1LTANT complies, and/or; • Canccllation, termination, or suspension of this AGREEMF;NT, in whole or in part. 6. Incorporation of Provisioils: The CONSULTANT shall include the provisions of paragraphs (1) through (Sj in every subcontract, inclu.ding procurement of�rnaterials and leases of equipment, unless exempt by die REGULATIONS, or directives iss�ued pursuant thereto. `I�he CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STf1TE,the AGI:NCY, or F`HWA may direet as a mea�ls of en.Eorcing such provisions including sanctions for non-coinpliance. Provided, however, that in the event a CONSULTANT becomes involved in, ar is threateuec� 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 pratect the interests of the S'TATE and/or the AGENCY and, in addition, the CONSLILTAN"C lnay request the United States enter into such I�tigation to protect the intet•ests Of the United St�tes. Agreement Number: C1�G 17-149 WSDOT Form 140-089 EF Exhibif F � �y � �� Page 1 of 1 Revised 10/30/2014 Exhibit G Certification Documents Exhibit G-1(aj Certification of Consultant t' �xhibit G-1(b) Certification of �..;� ,� � - ���.�-,�,.� Exhibit U-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of ihe Use of Federal Ftmds for Lc�bbying Exhibit G-4 Certificate of Current Cost or Pricing Data AgreementNumber: CAG 17-149 WSDOT Form 140-089 EF Exhibit G Page 9 of 1 Revised 10/30/2014 Exhibit G-1(a) Certification of Consultant I hereby certify tl�at I am the and duly authorized representative of the firm of KP(T, P.S, whose address is 3]31 �llioit Ave Suite 400, SeattIe, Wf1, 98121 � and that neither the above. firm noi• 1 l�ave: a) Employed or retained for a commission; percei�tage, brokerage, co�itingent fee, or other consideration. any firzn or person (othea•than a bona fide employee worl:ing solely for me or the above CONSULTAN7��) to salicit or sccure this AGRE�MF,NT; bj Agreed, as an ex�ress or inaplicd coizdition for obtaining this conti-act, to employ or retain the services ��f any firtn or pei•son in connection with carrying out this�GREEMENT; or c) Paid, or a�reed to pay, to �ny firm, organization or perso�i (other than a bona fidc cmployce working solely for me or thc abovc CONSIILTAN"I�) any fee, contribution, doilation, or consideration of any kind fc>r, or izi coni�ection wiih, procuring or cariying out this AGREI:MF�;NT; except as hereby cx�ressly stated (if any); I acknowledge tl�at this certificate is to be fut-nished to the City of Rentou an�thc Fedel•al Highway Admiuistration, U.S. Department oi��Transportation in eorineciio�l with tl�is AGREEMENT involvin�partic�ipation of Federal-aid l�ighway funds, and is subject to applicable State and Fedcral la��vs, both criminal and civil. � KPG, P.S. Consultant(Firm Name} ��__._ �__,�--~„ J,�,-�. � G/ � Signatur uthorized 0 I of Consu tant) date Agreement Number: CAG 17-149 WSpOT Form 140-089 EF Exhibif G � Page 1 of 1 Rp�«P��ni�ni�n�e Exhibit G-1(b) Certification of city ot Rentor► 1 liereby certify that 1 am the: Q Certified Authority (CA) ❑ Other of the City of Renton , and KPG, P.S. or its representative has not been req�iired, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEM�NT to: a) Employ or retain, or agree to employ to retain, any firn� ar 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 City of Renton and the Federal Highway Administration, L7.S. Department of Trans�aortation, in connection with this AUREF;MENT invalving participation of Federa(-aid highway fi�nds, and is subject to applicable State and Pederal laws,both criminal and civil. � 'D l Signature Date AgreementNumber: CAG 17-149 WSDOT Form 140-089 EF Exhibit G��� Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and 4ther Responsibility Matters - Primary Covered Transactions I. The prospective primaiy participa��t certifies to the best of its knowledge and belief, that it ar�d its principals: A. Are not presently deban�ed, suspended,proposed for debacmel�lt, declared ineligible, or voluntarily cxcluded from covered transactions by any Fedcral depax•trnent or agency; B. Have not within a three {3)year period prcceding this proposal�been convicted of or had a civil judgn�ent reudered against tliem for coinmission of fraud �r a criminal offense in connection witli obtaining, aitempting to obtain, or performing, a public (Federal, State, or loca(j transaction or contract under a puhlic 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 praperty; C. Are not presenily indicted for or otllerwise crimina�lly or civilly charged by a governmental entity (Federal, State, or local) with conunission of any of the offe�ascs cnumcrated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this app(ication /proposal liad �n�e oi•more public transactions (Federal, State and local)tei•minated for cause or defauli. II. Where the prospective prinlary participant is unable to certify to auy of the staten�ents in this certification, such prospective participant shall attach an explanatioii to this proposal. k:P(T, P.S. Consultant{Firm Name) .. �� . �l/ � � Signatu orized Offic' onsultant} Date Agreeme�nt Number: CAG 17-149 WSDOT Form 140-089 EF Exhibit G Page t of 1 r�a,.;�a�r�ni�ni�n�a Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The p►�ospective participant certifies, by signing and submitting this bid or pro�osal, to the�best of his or her lcnovvledge ai�t� belief; that: 1. No Federal a�propriated Funds have been paid or will be paid, by� or on bel�all�of the undersi�ne.c�, to any person for influencing or attempting lo ii�fluence an oi�ficer or employee o�i any Federal agency, a Member of Congress, an officer or employee of C�ngress, or any cmployec af'a A�lcmber of Congress in ccmi�ectiun with the awarding of�ny I��edet�al contract, the making of any Pederal grant, the i�laking of any Fedet�al loan, the entering into of any cooperative�GREEMCNT. and the extension; contiuuation, renewal, arne��d►Z�ent, or modification of Fe�icra] conts•act, grant, loan or coope.rati��e AGREEMFN�I�. 2. TC any funds other than Federal appro�riatcd funds have been paid or�ril( he paid to any person far inf�uencing �t•attempti�ig to influence an officer or employee of any Federal a�ency, a Member of Cori�;ress, an officer or ernployee of Coilgress, or an cmployce of a Menlber of Congress in coilnection witl� this Federal cor�itract, grant, loaa� or cooperative AGRE�MLNT, the undersi�ned 511ali conlplete and submit Standard Focttl - LLL, "Disclosure Form to Report Lob�ying," in accordance ��iil� its instructions. This eertifieation is a n�aterial representation c�f fact upon whiel� rclianee was plaeed when t11is transaetic�n ��as made or entered into. Submission o�l�this cerlification is a prei•equisite fbr making or entering into this h•ansaction imp�sec� by Section 1352, �I�itle 31. U.S, Code. Any person wl�o f'ails t�file the required certification shall be subject t�o a civil penalty of not less than $10.000.00, and not nzore than $]OO,OOU.00, for each sucla failure. Tl�e prospzctive partieipant also a.grees by submitting his on c�r bid or propnsal that he or she shall require that tl�e lan�uage of this certificatioii be included in all loti;er tier sub-cc�ntracts, which exceed $100,000, and that all such sub-recipients shall certify azld disclose accordingly. KPCJ, P.S. Consultant(Firm Name) .__---- _. �_______. �� �� Sign �ite(Auth�rized ` of Consultant) Date Agreemei�t Number: CAG 17-149 WSDOT Form 140-089 EF Exhibit G p�,ge � af� aa..��e,�an��ni�n�e 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 reqliired lmder FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Off cer's representative in support of � are accurate, complete, and currcnt as of �.----' �� ._..._..� This certification includes the cost or pricing data supporting any advance AGREEMEN"I`'s and forward pricing rate AGREF,MENT's between the offer or and the Uovernment that are part of the proposal. Firm: �..�.-- ..__---- Signature Title Date of Execution***: � � � *Identify the proposal,qu�,tation,request for pricing adjustment.or other submission involved,giving the appropriate identifying number(e.g.project titic.) **Insert the day,month,and year,when price negotiations were concluded and price ACiRf:i;MI;NT was reached. **"`Insert the day,month.and year,of signing,which should be as close as practicable to the date when the pricc negotiations were concluded and the contract price was agreed to. Agreement Nurober: CAG 17-149 WSDOT Form 140-089 EF Exhibit G Page 1 af 1 Revised 10/30/2014 Exhibit H Liability lnsurance Increase To Bc tlsed Only lf insurance Requirements Arc Increased The professional liability limit of the CONSUI;TANT to the AGENCY identified in Section Xll, Legal Relations and Insurance of tllis Agreement is arnended to $ , The CONSUL'I�NT shall provide Professional Liability insurance with minimum per occurrence lirnits in the amount of$ . Such insurance coverage shall be evidenced by otie of the following metliods: • Certificate of lnsurance. • Se1f-insurance �hrough an irrevoca�ble Letter of Credit from a qualified financial institution. Se1f-insurance tlu�ough dacuT�lentation of a separate fund established exclusively for the payment of prc�fessional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statetnents, and disclosure of the investment portfolio far those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million �er occurrence or t11e value of the contract, whichevcr is grcater, the�l justification shall be submitted to ihe Federal Highway Administration (FHWA) for approval to increase the minimum insurance lirnit. If Ff�IWA approval is obtained,the AGENCY�nay, 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 projcct. • For final contracts, inclttde this exhibit. Agreement Number: CAG 17-149 WSDOT Form 140-089 EF Exhibit H �� � w � Page 1 of 1 Revised 10/30/2�14 Exhibit l Alleged Consultant Design Error P'racedures 'I71e purpose of this exhibit is to establish a procedure to determine if a constiltant's alleged design error is of a nature that cxcceds the accepted standard of care. Tn additiol�, it will establish a uniforin method foi•the resolution and/or cost recovery procedures in tl�ose instances where the agei7cy believes it has suff�ered some materia] damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identificd by Agency's Project Manager At the first indreation of potential consultant design error(s), the first step in the process is for the Agency's project rna»ager to notify the Director of Public Works or Agency Engineer regarding the potential design ercar(s). For federally funded projects, the Region Local Programs �'ngineer should be informed and involved in these procedures. (Nc�te: The Director of Public Works or Agency F,ngincer may appoint an agency staff person other thati the project manager, who has not been as directly invoived in the project, to be responsible for the remaining steps in these procedures.j Step 2 Project Managcr pocuments the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and tl7e magnitude of t11e alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project lnanagee obtains inore detailed documentation than is normally required on the project. Examples include: all decisions and descriptions �f work; photographs, records of labor, mat�rials and equipment. Step 3 Contact the Consultant Regarding the Alleged Desi�n F.rror(s) If it is detcrminecl that there is a need to proceed further, thc next step in the process is for the project nianager to contact the cc>nsultant regarding the alleged design error(s) and the magnitude oFthe alleged error(s). The project mana�er and ather appropriate ag�ncy staff should represent the agency and the consultanl should be 1•epresented by tl�eir project man�gei-and any personnel (including sub-consultants) deemed appropriate for the alleged design ert•or(s) issue. Step 4 Attempt to Resolve Alleged Design F.rror with Consultant After tl�e meeting(s) with ihe consulYant llave been coinpleted regarding the consultant's alleged design ecror(s), there are three possible scenarios: • It is deternuned 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 dctermined via inutual agrcement that a eonsultant design error(s) occurred. If this is the case, then the Director of Public Warks or Agency Engineer, or tl�eir representatives, negotiate a settlement with the consultan�. 7'he settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the age�lcy for the services on the projcct i,n which the dcsign crror took placc. "1'he agency is to provide LY, through the Region Local Progranls Engineer, a summary of the� settlement f'or review and to make adjustments, if any, as to how Che settlement affects federal reimbursements. No furthcr action is required. • There is not a n�i�utual agrecmenl regarding the alleged consultant design error(s). The consultant m�y request that the alleged design error(s) issue be forwarded to the Director of}'ublic Works or Agency Engineer ft�r review. If the Director of Public Works or Agency Engineer, after review�vith their legal counsel, is not able to reacli mutual agreement with the consultant, proceed to Step 5. Agreement�Nuinber: CAG 17-]49 WSDOT Form 140-089 EF Exhibii! � ��� �� 4��� Page 1 of 2 RPviced 10/3n/20t4 Step 5 Farward Documents ta Local Programs For federally funded projects al1 available information, including costs, should be forwarded throi�gh t1�e Region Locat Progra�ns Engineer to LP for their review and consultation with the FHWA. LP will meet with rcpresentatives of the agency and t11e consultant ta review the alleged design crror(sj, and attempt to find a resolution to the issue. If necessary, LP will request assistance frorn the�ttorney General's Office for legal interpretation. LP will also identify haw the alleged error(s) affects eligibility of project costs for federal eeimbursenient. • If mutual agreement is reached, the agency and consultant adjust the scape of work and costs to reflect the agreeci upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreernent is not reached, the agency and consultant nlay seek settlement by arbitratiozl or by litigation. Agreement Number: C�1U 17-149 WSDOT Form 140-089 EF Exhibit l� � � � Page Z of 2 Rp��sed�oi3ni2n�a Exhibit J Consultant Claim Pracedures The putpose of this exhibit is to describe a procedure ��egardiug claim(s) on a consultant agreement. 7'hc following procedtirres should only be utilized on consultant clai�ns greater than $1,000. Tf the consultant's claim(s) are a total of$1,000 or less, it would not be cost eftective t�proceed through thc outlined steps. It is sLiggested that thc Director of Public Works or Ageney Engineer negotiate a fair ai�d reasonable price for the consultant's c,laitn(s) that iotal $1,000 or less. This exhibit will outline the pi•ocedures to be followed by t�hc consultant a�1d 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 thc agreement's scope of work, they nlay be entitled to a claim. "The first step thaC rnust be compleled � is the request for considcration of the claim to tlle Agency's projeet manager. The coiisultant's claim must outline the followinb: • Summation of hours by classification for each firm that is included in the claim; . • flny correspondence that directed the consultant,to perf<�rm the additional work; • TimeiTame 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 �vhy the consultant believes the additional wor•k was outside of tlie agreernent scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim forAdditional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project man�ger. Tl�e 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 F�IWA is participating in the project's funding, forward a copy of the consultailt's claim and tl7e Agency's recommendation for fed�ral participation in the claim to the WSDOT Local Programs through the Region Local Programs Engu�eer. If the clainl is izot eligible for federa] participation, payment will need to be from agency funds. lf the Agency project manager, Director of Public Works or flgcncy F,ngineer, WSDOT Local Programs (if applicable), and FHWA(if applicable�) agree with the consultant's claim, send a requcst 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 pay�nent foi• the agr�ement is subject to audit. No further action in needed regarding the claim procedures. If the Agency cloes not agree with the consultant's cl�im, proceed to step 3 of the proecdures. Agreement Numbci•: CAG 17-149 WSDOT Form 140-089 EF Exhibif J ��� � Page 1 of 2 Revised 1Q/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 sliall prepare a summary for the Director of Public Wor•ks or Agency Engineer tliat included tlie following: • Copy of information supplied by the consulfant regarding the claim; • Agency's summation of haurs by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perforni the additional work; • Agency's si.mlrnary of direct labor dollars, overhead costs, profit and reinlbursable costs associated with the additional work; • Expla�iat:ion regarding those areas in which the Elgency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s}; ancl � Recotnmendations to resolve the elaim. Step 4 Director of Pubtic Works or Agency Engineer Reviews Consultant Claim and Ageney Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove th� clairn, or portions thereof, which rnay include getting Agency Couneil or Commission approval(as appropriatc to ageney dispute resolution procedures). If the project involves federal participation, obtain concut•rence from WSDOT Local Programs and FHti'JA regarding final settJement of the claim. If the claim is not eligible for fedet•al participation,payment will need to be from agency funds. Stcp 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Age�lcy�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 C.laim(s) The agency shall write the supplement and/or new agreelnent and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. A�reement Number: CAG 17-149 WSDpT Form 140-089 EF Exhibit J v � Page 2 of 2 Revised!0/30/2014