HomeMy WebLinkAboutContract CAG-15-177
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
OTAK, Inc.
Address Federal Aid Number
11241 Willows Road NE, Suite 200
UBI Number Federal TIN or SSN Number
600-614-735 91-1324129
Execution Date Completion Date
December 2016
1099 Form Required Federal Participation
❑� Yes ❑ No ❑� Yes El No
Project Title
Lake Washington Loop Trail
Description of Work
The purpose of the Lake Washington Loop Trail Project is to design and eventually build a 7,000 lineal feet
regional trail facility to connect the existing Lake Washington Trail from the Logan Avenue/Cedar River
junction to a new trail at Rainier Avenue North. The project will complete a missing gap in the regional trail
system. The proposed trail will be primarily located on the north side of Airport Way and the east side of
Rainier Avenue North. Traffic lanes will be reconfigured to allow for the new combined pedestrian/bicyclist
facility. The trail will accommodate pedestrians, runners, bicyclists, and other non-motorized trail users. The
trail will be designed to be accessible.
El Yes ❑� No DBE Participation Total Amount Authorized: $274,891
El Yes 0 No MBE Participation Management Reserve Fund: $27,000
El Yes El No WBE Participation
Maximum Amount Payable: $301, 891
❑ Yes El No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14
Revised 4/10/2015
THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one (1)of this
AGREEMENT, between the City of Renton
hereinafter called the "AGENCY,"and the"Firm/Organization Name"referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS,the AGENCY desires to accomplish the work referenced in "Description of Work"on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;"and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS,the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof,the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
Revised 4/10/2015
Participation for Disadvantaged Business Enterprises (DBE)or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT,the amounts authorized to each firm and their certification number will
be shown on Exhibit"B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the.Commercial Useful Function (CUF) regulation
outlined in the AGENCY's"DBE Program Participation Plan" and perform a minimum of 30%of the total amount
of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS perform
a minimum of 30%of the total amount of this AGREEMENT.
The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files,prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C—
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or(ii)by email or facsimile,to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: Bob Hanson, P.E. Name: Nico Vanderhorst, P.E.
Agency: City of Renton Agency: OTAK
Address: 1055 S Grady Way Address: 11241 Willows Road NE, Suite 200
City: Renton State: WA Zip: 98057 City: Redmond State: WA Zip: 98052
Email: bhanson@rentonwa.gov Email: mailto:nico.vanderhorst@otak.com
Phone: 425-430-7223 Phone: 425-739-4212
Facsimile: 425-430-7376 Facsimile: 425-827-9577
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled"Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
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Revised 4/10/2015
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor,materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and"E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1. Direct(RAW) Labor Costs: The Direct(RAW)Labor Cost is the direct salary paid to principals,
professional,technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs,which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits"D"and"E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits"D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime
and all sub-consultants)will submit to the AGENCY within six(6) months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for
the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall
cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information
is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to,the following items: travel, printing,
long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs(excluding air, train, and rental car costs)
in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and
revisions thereto. Air,train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR)Part 31.205-46"Travel Costs."The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number:
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4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits"D"
and"E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund(MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or
10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Changes of Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Changes of Work."No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct(RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW) Labor costs for
CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of
recording the names,titles, Direct(RAW)Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes,reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to
the AGENCY within thirty(30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty(20)working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
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Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14
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D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final
payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six(6)year period,the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any,will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V"Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier,to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT,to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission,percentage,brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
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Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14
Revised 4/10/2015
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omissionon the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"F"
attached hereto and by this reference made part of this AGREEMENT; and shall include the attached Exhibit"F" in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10)days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten(10)days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2)of this
section,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount,which would have been made using the formula set forth in paragraph two (2)of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall,within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII"Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however,that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE)and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and(b)the STATE and/or AGENCY,their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable,the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY,their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets,patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY's,their agents', officers'and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY,their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under,this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51
RCW. This waiver has been mutually negotiated between the Parties.
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Unless otherwise specified in this AGREEMENT,the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper
construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required,the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any"Auto" (Symbol 1) used in an amount not less than a one million dollar($1,000,000.00)combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and
AGENCY,their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the "AIs"),with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with,the additional insured
coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the
execution of this AGREEMENT to:
Name: Heather Ulit,Admin Secretary I
Agency: City of Renton
Address: 1055 South Grady Way
City: Renton State: WA Zip: 98057
Email: hulit@rentonwa.gov
Phone: 425-430-7380
Facsimile: 425-430-7376
No cancellation of the foregoing policies shall be effective without thirty (30)days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX"Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars($1,000,000.00),whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14
Revised 4/10/2015
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment
in the: (1)maximum amount payable; (2)delivery or completion schedule, or both; and (3)other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as"CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI"Disputes"clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs(A.)and(B.)above,the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered
Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements"prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14
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XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement,representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations,warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The"State's Confidential Information" includes,but is
not limited to, names, addresses, Social Security numbers, e-mail addresses,telephone numbers,financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish,transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or(ii)returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14
Revised 4/10/2015
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as"Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such
confidential or proprietary material is developed,whichever is. "Proprietary and/or confidential information" is not
meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is
rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other
party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized
by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or
otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years
from the date of final payment to the CONSULTANT,the CONSULTANT shall keep, retain and maintain all
"documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced,the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six(6)year retention period.
For purposes of this AGREEMENT, "documents"means every writing or record of every type and description,
including electronically stored information("ESI"),that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT 's,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records,telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised 4/10/2015
4
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written,printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook,Word, Excel,Access, Publisher, PowerPoint,Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones,thumb drives, CDs, DVDs, floppy disks,work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
"Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created,viewed, and/or modified.
The CONSULTANT shall include this section XX"Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
1//.445
8)24/15
Signature Date
biA4:)0 iajtf2/,(
Signature Denis Law, Mayor Date
Any modification, change, or reformation of this AGREEMENT shall re ire approval as to form by the Office
of the Attorney Ge ral. 01117:191"1/04. G
Attest:
Jason 7.eth; Cit ' rerk ��
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Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
Revised 4/10/2015
Exhibit A
Scope of Work
Project No.
See attached Scope of Work.
Agreement Number:
WSDOT Form 140-089 EF Exhibit A Page 1 of 1
Revised 10/30/2014
EXHIBIT A
SCOPE OF SERVICES
PRELIMINARY ENGINEERING SERVICES
City of Renton, Washington
Lake Washington Loop Trail
Otak Project No. 32468
July 2015
Description of Project:
The purpose of the Lake Washington Loop Trail Project is to design and eventually build a 7,000
lineal feet regional trail facility to connect the existing Lake Washington Trail from the Logan
Avenue/Cedar River junction to a new trail at Rainier Avenue North.The project will complete a
missing gap in the regional trail system. The proposed trail will be primarily located on the north
side of Airport Way and the east side of Rainier Avenue North.Traffic lanes will be reconfigured to
allow for the new combined pedestrian/bicyclist facility.The trail will accommodate pedestrians,
runners,bicyclists,and other non-motorized trail users. The trail will be designed to be accessible.
Key project elements include:
• A 7,000 LF regional trail, 12 foot width asphalt concrete pavement
• New or enhanced bridge crossing over the Cedar River
• Connections to the Cedar River regional trail
• Pedestrian connections to the downtown core
• Coordination with Renton Municipal Airport
• Street crossings and driveway crossings
• Stormwater management
• Enhanced aesthetics,hardscape,landscape,and interpretive/wayfinding
• Utility coordination
• Federal funding requirements
The anticipated construction cost of the project is $4.0 million.This first phase of the project will
complete preliminary engineering design to an approximate 30%level,and establish a preferred
alignment/layout for the project. Final design will be completed in subsequent phases.
1.0 PROJECT MANAGEMENT AND COORDINATION
1.1 Coordination with City of Renton
OTAK will coordinate with the CITY of Renton on a regular basis to keep the CITY's project
manager informed about project progress,project issues and schedule. OTAK will assist in
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Exhibit A — Scope of Work
Continued
scheduling project related meetings,reviews,and other coordination activities needed to keep the
project moving forward. Regular communication with the CITY will occur on a weekly basis (by
phone,regular meetings as described below,and/or by e-mail).
1.2 Preparation of Project Work Plan and Schedule
OTAK will prepare a Project Work Plan prior to the project kickoff meeting.The Work Plan will
define project goals and design criteria,communications,deliverables,and quality control
requirements. A project schedule (MS Project) will be developed and maintained as part of the Work
Plan.The Work Plan will be updated after the project kickoff meeting, subject to comments
received.
Deliverables
• Project Work Plan
• Project schedule updates
1.3 Project Coordination Meetings with City (Assume 5 meetings)
Project coordination meetings with CITY Staff will occur approximately on a monthly basis to
review progress,to discuss project related issues,to review schedule,and to discuss current topics. It
is anticipated that a total of five (5) coordination meetings will be held during the preliminary (30%)
design period.This Task will include a project kickoff meeting. Attendance will generally include
OTAK's project manager and project engineer along with designated CITY Staff.
1.4 Stakeholder/Agency Meetings (Assume 2 meetings)
There are a number of Stakeholder/Agency groups that may have an interest in this project.
Examples include King County,Renton Municipal Airport,Renton School District,and various
permitting agencies.This Task provides time for up to two (2) Stakeholder/Agency meetings during
the preliminary design process.
1.5 Project Monitoring and Reporting
Project management will include the coordination of design team members,internal project
scheduling,and the preparation of a monthly progress report and a monthly billing statement.
Deliverables
• Monthly progress report and monthly invoice,per CITY of Renton requirements
2.0 DATA COLLECTION AND REVIEW TOPOGRAPHIC SURVEYING/MAPPING
2.1 Data Collection and Review of Existing Field Conditions
The OTAK design team will conduct a field visit at the start of the project that includes a
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Exhibit A — Scope of Work
Continued
comprehensive review of existing field conditions. Existing conditions will be documented and
digital photographs will be taken. OTAK will inventory significant features to be considered in
design. This task will also include collection of existing codes,records,maps,reports, and other
relevant information from the CITY.
Deliverables
• Site photographs and inventory (listing) of existing information to be referenced
2.2 Topographic Field Surveying—Airport Way
A topographic survey along Airport Way will be provided.The area to be surveyed and mapped is
illustrated on Figure la and described as follows:
• Airport Way from Logan Avenue to 400 feet east of the east right-of-way margin of Rainier
Avenue extending from the south flow line of Airport Way to the south edge of pavement of
Perimeter Road on the Airport property including the Airport entrance and Clayton Scott
Monument Park.The utility survey will extend to the centerline of Airport Way.
• Perimeter Road will be included graphically,but full topography and utility survey will not
extend over this roadway except in areas that the proposed trail may be designed within five feet
of the road surface.
• Logan Avenue from 250 feet north of the Cedar River Bridge north approach to the south
approach extending from the easterly edge of pavement to 50 feet westerly of the westerly edge
of pavement to capture area for connection to Cedar River Trail.The utility survey will not
extend over the east portion of this roadway north of the bridge.
• The Cedar River Bridge will be surveyed in a manner sufficient for structural assessment and
possible retrofit design.
• Logan Avenue from the Cedar River Bridge to Airport Way including the full width of the right-
of-way and extending onto the Burnett Trail,the southerly return of Logan Avenue, and 50 feet
north along East Perimeter Road on the Airport property.
• Shattuck Avenue including sidewalks from the crosswalk on Airport Way extending 100 feet
south.
A utility locate service will be retained to mark underground utilities within the area to be mapped
excluding the portion of Airport Way south of the centerline and Logan avenue east of the centerline.
OTAK will field survey existing surface features including curb, sidewalk,striping,signage,topography
breaks,visible above ground utilities,underground utility markings,traffic control devices,pavement
and other hardscape, fences,trees, significant landscaping,and buildings within the project limits. Storm
drainage and other utilities shall be surveyed to the first structure or fitting outside of the area to be
surveyed and mapped. Invert elevations and pipe dimensions shall be obtained of all existing storm
drains and sewer structures within these limits.
OTAK will create a topographic and planimetric map in AutoCAD format sufficient for final design
City of Renton — Lake Washington Loop Trail 3
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Exhibit A — Scope of Work
Continued
from field survey data and utility records. Base mapping will be provided at a horizontal scale of
1-inch = 20 feet showing the features outlined above.A digital surface will be prepared and contour
lines will be shown at one-foot intervals. The current CITY of Renton horizontal and vertical
datum's will be referenced.
Deliverables
Topographic Base Map (scale 1-inch = 20 feet) with one-foot contours and surveyed information
per Task 2.2
2.3 Right-of-Way Surveying and Mapping—Airport Way
OTAK will resolve and map the right-of-way of Airport Way,Logan Avenue,and the adjoining
streets within the area to be mapped utilizing survey maps and other survey records together with
surveyed monuments. The adjoining property lines of the parcels along the north side of Airport
Way and the west side of Logan Avenue will be also be resolved from record and surveyed data.
Existing easements and/or leases on these properties will be shown,based on information disclosed
in tide reports and other record data. Adjoining property lines along the south side of Airport Way
and the east side of Logan Avenue will be mapped for informational purposes only using existing
GIS parcel maps,information shown on tax assessor maps, and published Tax Assessor legal
descriptions. Right-of-way mapping will show tax parcel numbers and ownership information of
adjacent parcels. The map will be used as a base for right-of-way plans that will be provided for the
next phase of this project.
Deliverables
Right-of-Way Base Map (scale 1-inch = 20 feet) right-of-way information per Task 2.3
2.4 Topographic Field Surveying— Rainier Avenue North
A topographic survey along Rainier Avenue North will be provided.The area to be surveyed and
mapped is illustrated on Figure 1a and described as follows:
• The area from the top of curb (or edge of pavement) on the east side of Rainier Avenue to the
west edge of pavement of Perimeter Road extending from a line approximately 280 feet north of
and parallel with the north right-of-way margin of Airport Way to twenty-five feet north of the
north return of the Airport Entrance on Rainier Avenue.
• Excluding the area to be mapped by other consultant westerly of the top of the bank lying
southerly of a line approximately 1,050 feet north of and parallel with the north right-of-way
margin of Airport Way.
• Rainier Avenue channelization and edge of pavement(or curb flow line) will be surveyed from
the north margin of the survey by another consultant (approximately 1,050 feet north of and
parallel with the north right-of-way margin of Airport Way) to the City limits at the intersection
of Perimeter Road West the west Airport entrance on Rainier Avenue. Full topography and
utility survey will not extend over this roadway.
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Exhibit A — Scope of Work
Continued
• Perimeter Road will be included graphically,but full topography and utility survey will not
extend over this roadway except in areas that the proposed trail may be designed within five feet
of the road surface.
Otak will survey and prepare a basemap with additional surveyed information consistent with the map
described in Task 2.2.
Deliverables
• Topographic Base Map (Scale 1"=20') with surveyed information per Task 2.4 with two-foot
contour intervals on unpaved areas with steep slopes and one-foot contour intervals on flat
and paved areas.
2.5 Right-of-Way Surveying and Mapping— Rainier Avenue North
OTAK will resolve and map the right-of-way of Rainier Avenue and the adjoining streets within the
area to be mapped consistent with product described in Task 2.3.The adjoining property lines of the
parcels along the east side of Rainier Avenue will be resolved from record and surveyed data.
Existing easements and/or leases on these properties will be shown,based on information disclosed
in title reports and other record data.Adjoining property lines along the west side of Rainier Avenue
will be mapped for informational purposes only using existing GIS parcel maps,information shown
on tax assessor maps,and published Tax Assessor legal descriptions. Right-of-way mapping will
show tax parcel numbers and ownership information of adjacent parcels.This map will be used as a
base for right-of-way plans.
Deliverables
Right-of-Way Base Map (Scale 1"=20') right-of-way information per Task 2.5
2.6 Integration of Rainier Avenue N. Surveying and Mapping
Topographic and right-of-way surveying and mapping for a portion of Rainier Avenue N.will be
provided by the CITY from work prepared by another consultant. OTAK will review the
information provided for completeness and will integrate the Rainier Avenue N. topographic and
right-of-way data into the mapping provided per Tasks 2.2 to 2.5.
3.0 FRANCHISE UTILITY COORDINATION
3.I Coordination/Meetings with Franchise Utilities (Assume 2 meetings)
OTAK will begin communications with franchise utility companies (power,gas,
telecommunications,etc.) shortly after the notice to proceed,to verify locations of existing facilities
and to discuss any potential relocation requirements,cost, schedule and recommendations on
location of new facilities. OTAK will also coordinate with other CITY departments as needed to
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Exhibit A — Scope of Work
Continued
coordinate CITY utility locations within the project limits. Coordination meetings will begin during
the preliminary design phase of the project. It is anticipated that up to two (2) utility coordination
meetings will occur with franchise or CITY utilities that are determined to have conflicts or require
relocation.
3.2 Review and Utility Conflict Resolution
Based on information determined during coordination per Task 3.1,it is anticipated that existing
utilities may need to be relocated to accommodate the proposed project. Once potential conflicts are
identified,OTAK will provide additional engineering to determine if the design can be revised to
avoid utility conflict or to provide guidance to the utility companies on relocation efforts.
OTAK will prepare a spreadsheet/matrix summarizing utility conflict locations and actions to be
taken. Permit requirements for each location will be included in the matrix. This document will be
updated whenever new information becomes available to assure that all utility coordination activities
are tracked. OTAK will also prepare a Comprehensive Utility Coordination Plan to show all existing
and proposed utilities within the project corridor.This Task will include the determination of
environmental/permitting requirements for utility relocation work,per coordination with Task 4.0.
Deliverables
• Spreadsheet/matrix summarizing utility conflict locations
• Utility Coordination Plan
4.0 ENVIRONMENTAUPERMITTING
4.1 General Coordination with Permitting Agencies/WSDOT Local Programs
Environmental/permitting work will be led and prepared by the CITY. Coordination meetings will
be held with the permitting agencies and/or WSDOT to review/discuss project issues during the
design process. It is anticipated that a total of two (2) environmental coordination meetings will be
held during the preliminary design process.
4.2 Environmental/Permitting Support (Allowance)
OTAK will provide technical design support to support the environmental/permitting work being
led and prepared by the CITY.An allowance has been established to provide exhibits,to furnish
design data,and to calculate and track areas of impacts (sensitive areas,buffers,mitigation areas,
etc.)
City of Renton — Lake Washington Loop Trail 6
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Exhibit A — Scope of Work
Continued
5.0 PRELIMINARY DESIGN/ENGINEERING
5.I Design Coordination Meetings (Assume 5 meetings)
Design meetings will be held on a regular basis with the CITY to discuss project issues during the
design process. It is anticipated that a total of five (5) design meetings will be held during the
preliminary design period.
5.2 Preparation and Review of Alignment and Connection Concepts
OTAK will coordinate closely with the CITY to develop and establish the proposed trail alignment
and associated connections.The proposed alignment will be developed to an approximate 10%
concept level of design. The concept level design will establish the horizontal location of the trail
and programmatic concepts for the urban design and landscape elements.The alignment plan will be
prepared as a scroll plot at a scale of 1-inch = 40 feet. Connection concepts will be developed at
pedestrian connection points and intersections/crossings.Alternative alignment options will also be
considered at select locations,including the option of a two-way bicycle lane (or cycle track).A brief
narrative will be prepared that summarizes the trail alignment and concepts developed.
Deliverables
• Alignment Plan (scale 1-inch = 40 feet) in scroll plot form
5.3 Preparation of 30% Civil Plans
OTAK will prepare 30%level civil design plans for the proposed trail alignment.The design will
include intersection improvements at all roadway crossings and will include pedestrian connections
at the beginning and end of the trail alignment and at connections to the airport and downtown
core. Plans will be prepared to current CITY of Renton standards.An anticipated drawing list for
the project is attached as Exhibit A-2 showing the drawings that are anticipated at the 30%level.
Plans will include roadway sections,horizontal layout,vertical profile,and schematic layout of utility
improvements for storm drainage and other utilities to be adjusted. Plans will be prepared at a
horizontal scale of 1-inch = 20 feet and a vertical scale of 1-inch = 5 feet.
Deliverables
• Civil Design Plans—30%Level
5.4 Preparation of 30% Landscape/Urban Design Plans
OTAK will prepare 30%level landscape/urban design plans for the proposed trail alignment. The
design will include intersection improvements at all roadway crossings and will include pedestrian
connections at the beginning and end of the trail alignment and at connections to the airport and
downtown core. Plans will be prepared to current CITY of Renton standards.An anticipated
drawing list for the project is attached as Exhibit A-2 showing the drawings that are anticipated at
City of Renton — Lake Washington Loop Trail 7
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K:\project\32400\32468\Contract\Scope071615.doc
Exhibit A — Scope of Work
Continued
the 30%level. Plans will include horizontal layout of proposed landscape and hardscape,including
preliminary details. Plans will be prepared at a horizontal scale of 1-inch = 20 feet and a vertical scale
of 1-inch = 5 feet.
Deliverables
• Landscape and Urban Design Plans—30% Level
5.5 Preparation of Design Report
A Design Report will be prepared that briefly summarizes the work completed per Task 5.0,
including subtasks.The Design Report will include a description of the project objectives,the design
standards to be used,proposed trail sections,and will document the basis of design. The Design
Report will include a concept level construction cost estimate (per Task 5.7) to verify that the
proposed improvements fit within the available project budget.The Design Report will highlight any
significant project issues to be resolved. OTAK will provide a Draft Design Report to the CITY for
review. Review comments will be addressed and a Final Design Report will be issued,which will
serve as the basis for final design.
Deliverables
• Draft and Final Design Report (five (5) copies will be provided at each submittal)
5.6 Preliminary Drainage Analysis
Drainage analysis will be conducted utilizing the current CITY of Renton Surface Water Design
Standards and associated (2009) King County Surface Water Design Manual requirements.
Hydrologic and Hydraulic Analysis—OTAK will complete a preliminary hydrologic and hydraulic
analysis for the trail project. Specific activities include the following:
• Review of existing drainage features and drainage patterns of the existing roadway corridor and
adjacent properties;
• Conduct a field reconnaissance of project area and vicinity including downstream analysis of
natural drainage features;
• Define hydrologic characteristics of the historic site conditions for the project subbasins such as
basin boundaries,area,land cover, soil types, flow paths and times of concentration;
• Define hydrologic characteristics and complete preliminary hydrologic modeling of historic and
developed conditions.
• Complete a preliminary hydraulic analysis for the trail project to estimate the requirements for
water quality treatment,and conveyance. It is assumed that flow control will not be required due
to proximity to Cedar River.
• It is assumed that there will not be an increase in impervious surface.
Drainage Design—OTAK will complete a preliminary design of the drainage features including
City of Renton — Lake Washington Loop Trail 8
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K:\project\32400\32468\Contract\Scope071615.doc
Exhibit A — Scope of Work
Continued
locations and sizes of storm drain pipes, structures,and water quality facilities. Drainage calculations
will also be prepared for existing and proposed conveyance.The drainage analysis and calculations
will be summarized in a Preliminary Drainage Report that will be the basis of design. The
Preliminary Drainage Report will be prepared as an Initial Draft at the 30%level design.A Final
Drainage Report will be prepared at 90%level design as part of a future supplement.
Deliverables
• Preliminary Drainage Report (TIR) —Initial Draft-30%Level
5.7 Preparation of Preliminary Construction Cost Estimates
Preliminary engineering estimates of anticipated construction costs will be prepared at the 30% level.
Construction cost estimates will be prepared using historical unit prices from similar projects,other
current cost data,and recent CITY of Renton projects.
Deliverables
• Preliminary Construction Cost Estimate-30%Level
6.0 STRUCTURAL DESIGN/ENGINEERING
6.I Preparation of Bridge Structure Concepts/Alternatives
OTAK will define and evaluate bridge alternatives for the trail crossing over the Cedar River and for
retaining walls required along the new trail. OTAK will evaluate up to four alternatives for the Cedar
River crossing consisting of:
• An alternative where the trail is supported on the existing traffic bridge (Logan Avenue Bridge),
with a reduction in roadway width sufficient to place the trail within the limits of the existing
bridge; •
• An alternative where the trail is supported on the Logan Avenue Bridge,but cantilevered off the
bridge to reduce impacts to the roadway channelization;
• Up to two pedestrian bridge alternatives assuming a separate,independently supported structure
over the Cedar River,located on the west side of the Logan Avenue Bridge.
OTAK will evaluate up to three retaining wall alternatives for the anticipated fill walls.
Drawings showing conceptual structure types and layouts will be prepared for each alternative based
on preliminary structural analysis and project design criteria. Evaluation of the Logan Avenue Bridge
will consider available as-built drawings. Evaluation of the bridge foundations will consider existing
geotechnical data available for the site.
The alternatives analysis will evaluate cost,constructability,aesthetics,environmental impacts, and
City of Renton — Lake Washington Loop Trail 9
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K:\project\32400\32468\Contract\Scope071615.doc
Exhibit A — Scope of Work
Continued
other project considerations for each structure type. OTAK will prepare a matrix comparing each of
the structure alternatives using these criteria.The matrix and preliminary layouts will be provided to
the City to assist in selecting a preferred alternative.
Deliverables
• Comparison matrix showing each alternative and its design considerations
• Preliminary layouts of each structure alternative
Assumptions — Task 6.1
• No load rating or design calculations exist for the Logan Avenue Bridge.
• The new bridge structure will have a low chord elevation equal to or higher than the Logan
Avenue Bridge.
• No existing geotechnical data is available,aside from the as-built drawings,near the Logan
Avenue Bridge or at the locations of the retaining walls.
6.2 Preparation of Type, Size, and Location (TS&L) Report and 30% Bridge and Structural
Design
OTAK will advance the design of the selected preferred alternatives for the bridge and retaining
walls to a 30% design level. The 30% design level will include plan sheets showing bridge and wall
plan views,elevation and a typical section of each structure.A cost estimate with anticipated bid
items will be prepared.Additional design features such as utilities,decking,and railing types will be
addressed. OTAK will perform preliminary structural analyses of the proposed structure,and for the
Logan Avenue Bridge,as necessary to confirm the 30% design.
The alternatives analysis and 30% design will be described in a TS&L report. The report will
describe project goals,design criteria, site constraints,and provide supporting documentation used
in the selection and design of the preferred alternative. The report will also describe additional
information needed to proceed to final design.
Deliverables
• TS&L Report
• 30%Design Plans and Construction Cost Estimate
Assumptions —Task 6.2
• A load rating report,if necessary,will be prepared during a later phase.
• FEMA floodplain maps will be used to assist in determining the 100-year flood limits.
• Hydraulic analysis,if necessary,will be performed during a later phase.
City of Renton — Lake Washington Loop Trail 10
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K:\project\32400\32468\Contract\Scope071615.doc
Exhibit A — Scope of Work
Continued
7.0 COMMUNITY INVOLVEMENT
7.I Community Involvement Assistance (Allowance)
OTAK will support the CITY in the coordination and facilitation of community involvement
activities for the project. OTAK will assist in the preparation of presentation materials including
presentation graphics,website materials,and other appropriate graphics.An allowance has been
established for this Task.
7.2 Community Meeting
OTAK will support the CITY in the coordination and facilitation of one (1) neighborhood
community meeting. OTAK will prepare presentation materials including handouts,comment
sheets,presentation boards,and other appropriate"leave behind"graphics. Presentation materials
created per Task 7.1 will be utilized for the community meeting,as appropriate. The first community
meeting will be held early in the design process to introduce the project and to educate the
community on the range of alternatives that the CITY will consider based on available scope,
budget,design constraints,and other safety considerations.
OTAK will attend the community meeting and present and/or display a range of design alternatives
and gather input to help establish a preferred alternative. It is assumed that the CITY will take the
lead on all meeting notices and will compile mailing lists and provide postage for meeting notices
and project related newsletters.
SUBCONSULTANTS
• Geo Engineers—geotechnical engineering
• Transportation Engineers NW—traffic,street crossings,lighting
• Environmental by Others
• Right-of-Way by Others
EXPENSES
• Utility Locate Service (APS)
• Reimbursable for Reproduction of Plans, Specifications,Reports,Etc.
• Other Misc. Expenses—preliminary design phase
DESIGN STANDARDS
• City of Renton
• AASHTO
• NACTO
City of Renton — Lake Washington Loop Trail 11
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K:\project\32400\32468\Contract\Scope071615.doc
Exhibit A — Scope of Work
Continued
ASSUMPTIONS
• Design work will begin in September 2015 and be completed by December 2016.The target
date for Bid Advertisement is early 2017. The target date for completion of 30%level design is
February 2016.
• If utility potholing is needed,it will be done by others. OTAK will assist with coordinating
locations.
• The CITY will be responsible for all hazardous materials and special permits.
• The CITY will pay for all required permit fees.
• The CITY will obtain all Rights of Entry needed to perform survey or other investigation on
private property necessary to support the project.
• The CITY will acquire all necessary Title Reports.
• Right-of-way acquisition will be provided by others.OTAK will assist as noted.
• The CITY has prepared a traffic model that can be utilized for the project. Remodeling will not
be required.
• Environmental/permitting will be provided by others. OTAK will provide support as noted.
• This scope of work is for the completion of design to a 30%level. Final design services
to a 100%level will be added once the project scope and construction costs are clearly
defined.
• Construction management support,construction administration,and/or construction inspection
services are not included in this scope of work,but may be added at a later time at the discretion
of the CITY.
City of Renton — Lake Washington Loop Trail 12
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K:\project\32400\32468\Contract\Scope071615.doc
Exhibit B
DBE Participation
Not applicable to this agreement
Agreement Number:
WSDOT Form 140-089 EF Exhibit B Page 1 of 1
Revised 10/30/2014
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
Standard: City of Renton Survey Control Network and Standards, 2000
Format: Autodesk, AutoCAD Civil 3D,Note: Consultant's version shall be compatible with City of
Renton's version, at the time of submission of deliverables. For 2015, City of Renton version is AutoCAD
Civil 3D 2015.
Transmission: Compact Disk, DVD and/or Flash Drive
B. Roadway Design Files
Standard: Washington State Department of Transportation, Local Agency Guidelines, April 2015
Format: Autodesk, AutoCAD Civil 3D,Note: Consultant's version shall be compatible with City of
Renton's version, at the time of submission of deliverables. For 2015, City of Renton version is AutoCAD
Civil 3D 2015. Adobe PDF for plan sheets and/or roll plots.
Transmission: Compact Disk, DVD and/or Flash Drive
C. Computer Aided Drafting Files
Standard: City of Renton Drafting Standards for Road, Bridge, and Municipal Construction, 2004
Format: Autodesk, AutoCAD Civil 3D,Note: Consultant's version shall be compatible with City of
Renton's version, at the time of submission of deliverables. For 2015, City of Renton version is AutoCAD
Civil 3D 2015.
Transmission: Compact Disk, DVD and/or Flash Drive
Agreement Number:
WSDOT Form 140-089 EF Exhibit C Page 1 of 4
Revised 10/30/2014
D. Specify the Agency's Right to Review Product with the Consultant
N/A
E. Specify the Electronic Deliverables to Be Provided to the Agency
N/A
F. Specify What Agency Furnished Services and Information Is to Be Provided
N/A
Agreement Number:
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 10/30/2014
II. Any Other Electronic Files to Be Provided
N/A
III. Methods to Electronically Exchange Data
N/A
WSDOT Form 140-089 EF Exhibit C Page 3 of 4
Revised 10/30/2014
A. Agency Software Suite
N/A
B. Electronic Messaging System
N/A
C. File Transfers Format
N/A
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 10/30/2014
Exhibit D
Prime Consultant Cost Computations
See attached Cost Plus Fixed Fee Computations.
Agreement Number:
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Revised 10/30/2014
Exhibit D
Lake Washington Loop Trail -City of Renton
Otak Hours and Fees
b b 5 b a C w .7, Tis ' a
a `� CI° �' 13 u 0 O o it G o y r 'fir O mi ° = `o ,,. i% F I
a .S 5 a .S .5 'py' c 'S o A o a ` u u Z po" ��2+ u
to � tJ`P..' a`✓ U CJ WAx WF , 32' V 4".�. 0.w°�. v0i� y Ck Total Total
$209 $180 $130 $1011 $99 $85 $66 $110 $80 $78 $120 $110 $93 $75 $72 Hours Fees
1.0 Project Management and Coordination
13 Coordination with City of Rennin 24 0 0 0 0 i, 0 0 0 U 0 0 11 U 8 32 $5,592
1.2 Preparation of Project Work Plan and Schedule 4 0 4 ll 0 0 0 U 11 0 11 II 0 4 12 $1,644
1.3 Project Coordination Meetings with City(5 Meetings) 20 4 16 4 0 0 4 0 0 0 0 . 0 4 52 $8,108
14 Srakeholder/_Ayencv Meeting;(2 Sleeting.) 8 U 8 0 0 n 0 0 0 0 0 0 0 0 2 18 $2,856
15 Project Slonitorutg and Reporting 12 0 0 0 0 II 0 0 0 0 0 0 0 0 6 18 $2,940
Subtotal Hone 68 4 28 4 0 9 0 4 0 0 0 0 9 0 24 132 421,140
2.0 Data Collection and Topographic Surveying/Mapping
2.1 Data Collection and Review of Existing Field Condition, 2 0 8 8 0 8 0 4 0_ 0 _ 4 0 0 4 40 $4,346
2.2 Topographic Surveying-Airport Way 2 ll 0 4 0 0 0 u 0 0 8 60 811 16 0 170 $17,018
2.3 ROW Surveying/Mapping-Airport Way 2 0 0 2 () 0 0 .11-- 0 0 12 32 8 8
66 07,066
2.4 Topographic Surveying-Rainier Avenue N. 2 U 0 4 0 0 0-
0 0_ 0 8 56 72 48 0 190 $18,234
_..5 ROW Surveying/Mapping-Rawer Avenue N. 2 0 0 _ 0 U 0 (I 0 0 8 32 8 8 2 62 $6,586
2.6 Integration of Rainier Avenue N.Surveying and Mapping 0 0 0 4 0 0 0 0 0 0 2 8 0 0 0 14 $1,520
.Subtotal Hours 10 0 8 24 0 9 0 4 0 0 40 192 168 80 8 542 $54,770
3.0 Franchise Utility Coordination
3.1 Coordination/Sleetings with Franchise Utilities 2 0 16 0 0 16 0 0 0 0 .0 0 0 0 2 36 $4,002
12 Review and Utility Conflict Resolution 0 0 8 4 0 16 12 0 0 0 0 0 U 0 2 42 $3,736
Subtotal Hours 2 0 24 4 0 32 12 0 0 0 0 0 0 0 4 78 $7,738
4.0 Emvironmentd/ Permitting
4 I General Coordination wnh Permitting Agencies/WSDOT 8 0 16 0 U U 0 0 0 0 0 0 0 U 2 26 $3,896
4_ Environmental/Pcoo,tnng Support(Allowance) 2 0 8 0 II 8 8 0 0 4 0 0 0 0 2 32 $3,122
.Subtotal noun 10 0 24 0 rl 5 8 0 0 4 0 0 0 0 4 58 47,018
5.0 Preliminary Engineering
5.1 Design Coordination Meetings(5 Meetings) 20 4 20 0 0 12 0 16 0 0 0 0 0 0 4 76 $10,568
5.2 Preparation/Review of Alignment&Connection Concepts 10 0 32 0 0 00 24 20 8 0 0 U 0 02 156 $15,918
53 Preparation of 30"/o Civil Plans 4 0 4U 24 0 60 40 0 0 0 0 0 0 0 2 170 $16,320
5 4 Preparation of 30'.Landscape and Urban Design Plans 2 0 1 u 0 4 4 24, 40 0 0 0 0 0 0 78 $7,382
5.5 Preparation of Design Report 2 0 16 0 0 24 4 4 0 0 0 ll 0 U 6 56
$5,674
5.6 Preliminary Drainage Analysis 2 0 8 32 0 48 8 0 8 0 0 0 0 0 4 102 $9,554
5.7 Preparation of Preliminary Construction Cost Estimates 2 0 8 8 0 8 4 4 4 0 0 0 0 0 0 38 $3,962
Subtotal Hours 42 4 120 04 0 216 94 68 52 0 0 0 0 0 18 676 $69,378
6.0 Structural Design/Engineering
6.1 Preparation of Bridge Structure Concepts/Altemarives 2 16 60 80 0 0 12 8 0 0 0 0 0 U 2 180 $20,914
6.2 Preparation of 30%Structures Design and TSL Report 2. 16 40 40 0 0 16 8 U 0 0 0 0 0 _ 124 $14,578
,l,,50lo/Ham 4 2 'OIl 120 0 0 28 16 0 0 0 0 0 0 4 304 $35,492
7.0 Community Involvement and Art Integration
7.1 Community Involvement Assistance(Allowance) I 2l 'I 1 I u I s l 8l 11 l (I l 0 l 161 ll l 0l 11 l 0l 2l 321 $3,010
K\roject\324001246E C
\ orrect\HoursFees_30%_071615.da t
P \
otak
Exhibit D
Lake Washington Loop Trail -City of Renton
Otak Hours and Fees
$4 > g > c 3 z - a t' e
u 5 b '° v b40 . .I ara .` a '`-' 9
E.
°5�' c '9 ° 4 la t $ 5 v ,v
a e o W a 4 W ua o ,o s ,o I a 9 8 0 3 s, a.b µ a. t
'S ` 'S a ,. 'S
� Z 3�' uN u u wqx wH .'g a� u �a�'. a,' ` .c'1 h a Total Total
$209 0180 5130 $100 $90 $85 $66 0115 $85 $78 0125 $115 $93 575 $72 Hours Fees
7.2 Community Meeting 6 n 12 ll a 12 a 12 0 16 u 5 0 0 4 62 $6,690
Subtotal Hour 5 0 /6 0 0 20 0 12 0 32 0 0 0 0 6 94 29,700
Subtotal Hours/Fees-Otak Labor-Tasks 1.0 to 7.0 I 144 I 40 l 328 l 216 I 0 I 284 l 132 l 104 I 52 I 36 l 40 I 192 I 168 I 80 l 68 1 1,884 I $205,236
Subconsultant Costs
Geo Fngmeers-Geotechnical Engineering
$15,709
T13N\V-Traffic,Street Crossings,Lighting 245,700
Otak Markup on Subconsultanrs(00 s) $0
Total Subconsultant Costs $61,405
Reimbursable Expenses-Reproduction/Graphics $7,750
Reimbursable Expenses-Misc. 1500
Utility Locate Service-APS(Airport Way and Rainier Avenue) 16.000
Total Project Cost-Preliminary(30%)Engineering Services $274,891
*Note-Rates Shown are for Budgeting Purposes-Actual Billed Rates per Negotiated Hourly Rates based on 3.00 Multiplier
K:\projrrt\32000\32468\Conu°rr\HounFees_30%_0'!1616 sI,
otak
i
Exhibit E
Sub-consultant Cost Computations
There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub-Contracting"of this AGREEMENT.
See attached Cost Plus Fixed Fee Sub-consultant Cost Computations.
Agreement Number:
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Revised 10/30/2014
EXHIBIT A
City of Renton
Proposed Hourly Rates as of 05.14.15
Prime: Otak
Direct Hourly Overhead @ Fixed Fee @ Hourly Negotiated
Classificaton Rate 202.84% 300/0 Rate Hourly Rate
Prinicpal 72.76 147.59 21.83 242.17 242.00
Associate 61.32 124.37 18.40 204.09 204.00
Senior Engineer/Scientist 51.08 103.61 15.32 170.02 170.00
Project Engineer/Scientist 39.43 79.97 11.83 131.23 131.00
Engineer/Scientist 3 33.92 68.79 10.17 112.88 113.00
Engineer/Scientist 2 29.81 60.47 8.94 99.22 99.00
Engineer/Scientist 1 28.52 57.84 8.55 94.91 95.00
Senior Technician 32.26 65.44 9.68 107.37 107.00
Technician 24.26 49.21 7.28 80.75 81.00
Project Assistant 36.42 73.87 10.93 121.21 121.00
v71Washington State Transportation Building
Department of Transportation 3P.OO.Maple Park Avenue S,E.
.Box 47300 t K
Olympia,WA 98504-7300
Lynn Paterson
360-705-7000
Secretary of Transportation TTY:1-800-833-6388
www.wsdotwa,gov
November 17,2014
GeoEngineers, Inc.
8410- 154th Avenue NE
Redmond,WA 98052
Subject: Acceptance FYE 2013 ICR-Provisional
Dear: Ms. Carrie Rorem:
We have provisionally accepted your Indirect Cost Rate (ICR) of 202.84% for your firm. This
ICR shall be good until 180 days following your FYE 2014 closing date. This rate will be
applicable for Local Agency contracts only.
Costs billed to agreements will still be subject to audit of actual costs, based on the terms and
conditions of the respective agreement.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to call me at (360) 705-7106 or via email
consultantrates(cuwsdot.wa.gov.
Regards;
E IK K. JONSON
Manager, Consultant Services Office
EKJ:HMO
Acceptance Provisional
GEOENGINEERS,INC.
STATEMENT OF DIRECT LABOR,FRINGE BENEFITS,AND GENERAL OVERHEAD
FOR THE YEAR ENDED DECEMBER 31,2013
WSDOT WSDOT
Total Proposed Adjustments Reference %of
Reported GeoEngineers Additional Rejected by Rejection For Allowable Direct FAR
Kay Costs Adjustments Adjustments GeoEngineers Reference Adjustments Costs Labor Reference
DIRECT LABOR 5 12340321 S - $12,340,321 $12,340.321 100% 22.101
FRINGE BENEFITS
1 Payroll Taxes $2,072,997 ($248,991) $ (129,103) $ 69,073 51,763.976 Ref-Key 01 A $ 1.824,006 14.78% 31105-6,41
2 Group Insurance 52.125.833 $0 $2,125,833 5 2.125,833 1723% 31.205-6
3 Worker's Compensation $136,979 SO 5136.979 5 136,979 1.11% 31.205-6
4 Vacation,Holiday and Sick Pay 52.866,686 SO $2,866,686 S 2,866,686 2323% 31.205-6
5 Profit Sharing and 401(k)Contributions $945,448 SO5945.448 S 945.448 7.66% 31205-6
6 Bonuses and Severance $4,358,765 (51,808.508) 5 (5,250) S 5.250 $2,550,257 Ref-Key 06(.p41) B S 2,550,257 20.67% 31205-6
Total Fringe Benefits $12,506,707 ($2,057,499) $ (134,353) $ 74,323 $10,369,178 S 10,449,208 84.68%
GENERAL OVERHEAD
7 Non-Bdlable Labor $5,143,647 $0 $5,143,647 S 5,143,647 41.68% 31.205-6,44
8 Bid&Proposal Labor $801,292 $0 5801,292 S 801,292 6.49% 31.205-18
9 Direct Selling Labor $2,429,562 ($539,088) $(1,890 473) $ 1,011,014 $1,011,014 Ref-Key 09 C $ 1,890,473 Is 3.1% 31.205-1,38
10 Office Rent&Maintenance $2,279,971 ($130,087) $ (33,515) $ 5,423 52,121,792 Ref-Key 10 0 $ 2,149,884 17.42% 31.205-36
11 Telecommunications $ 379,584 $ (3,047) $376,537 E $ 376,537 3.05% 31.201-1,2,3
12 Bus.Taxes&Other than Federal 5 672.424 $ (314) 5672,110 F $ 672,110 5.45% 31.205-41
13 Stationery and Supplies 5 287,047 $ (512) S286.536 G S 286,536 2.32% 31205-13.43
14 Administrative Travel S 622,822 S (230,862) 5 (391,908) $ 218,483 $218,535 Ref-Key 14 H 5 391,960 3.18% 31.205-46
15 Professional Dues,Meetings&Proposals $ 552,137 $ (88,543) $ (182,884) $ 105,191 $385,901 Ref-Key 15 I $ 463,594 3.76% 31.205-18,43,46
16 Depreciation S 661,860 S (18,559) 5643.301 J S 643,301 5.21% 31.205-11
17 Equipment Rental&Maintenance $ 277.231 S (435) 5276.796 S 276.796 2.24% 31,205-36
18 Bad Debt $ 72,000 5 (72,000) SO K S - 0.00% 31.205-3
19 Professional Consultants $ 546,949 5 (56,569) S (15,000) $ - 5475,381 L S 490,381 3.97% 31.205-33
20 Business Developmerf/Marketing and Proposals 5 365.281 5 (272,417) $ (81.726) S 15.562 526.699 Ref-Key 20 M 5 92,863 0.75% 31.205-14,18,38.46
21 Field and Laboratory Supplies $ 240,463 5 (77,097) 5163,366 N $ 163,366 1.32% 31.205-13,26
22 Insurance $ 793,587 $ (13,758) 5779.829 0 $ 779,829 6.32% 31.205-19
23 Computer Maintenance and Software $ 1,064,304 $ - $ (2,734) $ - $1,061,570 $ 1,064,304 8.62% 31201-1,2.3
24 Recru8ing and Relocation 5 466,505 $ (212210) 5 (97,692) 5 5,627 $162,230 Ref-Key 24 P $ 254.295 2.06% 31.205-34
25 Contributions $ 59,411 $ (59,411) 50 Q $ - 0.00% 31.205-8
26 Fines/Penalties/Unallowable $ 8,025 $ (8,025) 50 R $ - 0.00% 31.205-15
27 Computer Technology Offset $ (1401,922) $ 1.401.922 S (1.401.922) $ 1,401.922 50 summary memo S $ - 0.00% 31.205-26
Total General Overhead $ 16,322.181 5 (381,011) S (4,097,854) $ 2,763222 $14,606,537 $15,941,169 129.18%
Total Overhead Costs $ 28,828,887 $ (2,4.38,510) $(4,232,297) $ 2,837,545 $24.995,715 S 26,390377 213.85%
Indirect Cost Rate(Less FCC) 233.62°/ 213.85% 202.55%
28 Facilities Capital Cost of Money S 35,133 $35,133 T 5 31,126 0.25% 31.205-10(a)
Overhead Rate(Includes FCC) $ 28,828,887 5 2,403,377' $ 4,232.107 $25.030,848 $26,421,503 214.11%
Indirect Cost Rate 233.62% 202.34%
Exhibit B
Consultant Fee Determination
Project Name: Lake Washington Loop Trail
Project Number: 0693-077-00
Consultant: GeoEngineers, Inc.
NEGOTIATED HOURLY RATES
Classification Hours Rate Cost
Principal 8 $242 $1,936
Associate $204
Senior Eng/Sci 43 $170 7,310
Project Eng/Sci $131
Eng/Sci 3 31 $113 3,503
Eng/Sci 2 $99
Eng/Sci 1 $95
Senior Technician 4 $107 428
Technician $81
Word Processor $83
Project Assistant 18 $121 2,178
Subtotal: 104 $15,355
REIMBURSABLES
Mileage at $0.55 $200
Reproduction (copies, plots, etc.) 150
Subtotal: $350
SUBCONSULTANT COSTS (See Exhibit D)
Subtotal:
TOTAL $15,705
CONTINGENCY
GRAND TOTAL $15,705
Exhibit C
City of Renton
Lake Washington Loop Trail
Hours Estimate-Geotechnical Services
GeoEngineers
Senior Project Senior Word Project
Principal Associate Eng/Sci Eng/Sci Eng/Sci 3 Eng/Sci 2 Eng/Sci 1 Technician Technician Processor Assistant 1
Scope Item
TOTAL
Review available geotechnical and geological data 1 2 2 5
Utility locate,perform reconnaissance and hand explorations 1 4 12 1 18
Review soil samples,prepare exploration logs 2 3 5
Preliminary site preparation,earthwork,and TESC recommendations 2 2
Evaluate seismic hazards 2 3 5
Preliminary bridge foundation support and retaining wall recommendations 6 4 10
Preliminary slope stability evaluation 2 4 6
Address sensitive areas ordinance issues 2 2 4
Project management,QA/QC 1 8 6 15
One project team meeting 3 3 6
Report 2 10 6 4 6 28
Total Geotechnical Hours 8 0 43 0 31 0 0 4 0 0 18 104
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the_REGULATIONS.
3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY,the
STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY,the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions
as it,the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation,termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however,that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition,the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number:
WSDOT Form 140-089 EF Exhibit F Page 1 of 1
Revised 10/30/2014
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-1(a) Certification of Consultant / /
I hereby certify that I am the and duly authorized representative of the firm of 2'k I nr'
whose address is 6 `�L f/ Ar ? �=� �j ( w4 '? Vf2-
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consul fit(Firm Name)
-45 4.4,,,_)),„,,,t
Signature(Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-1(b) Certification of
I hereby certify that I am the:
El
Other
of the , and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay,to any firm,person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (Federal, State and local)terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consulta t(Firm Name)
.445 0,..04---/-9--„Aei eftiziA -
Signature(Authorized Official of Consultant) Date J
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, a officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly.
O/,,/ IJ1(,
Consulta t(Firm Name)
i4
-,0‘,4hi,...„--)),,,,/ (9/74/Js-
S
Signature(Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief,the cost or pricing data(as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of r7/40%5 * are accurate, complete, and current
as of **.
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm:
-4.a..x4vit.,4-1/-4/ Fok,c;,,,
al4 74.,‹
Signature Title
Date of Execution***:
*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.)
**Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of$
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number:
WSDOT Form 140-089 EF Exhibit H Page 1 of 1
Revised 10/30/2014
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s),the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects,the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s),there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP,through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements.No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5.
Agreement Number:
WSDOT Form 140-089 EF Exhibit/ Page 1 of 2
Revised 10/30/2014
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s)affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached,the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA,will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
WSDOT Form 140-089 EF Exhibit 1 Page 2 of 2
Revised 10/30/2014
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim.After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit.No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number:
WSDOT Form 140-089 EF Exhibit J Page 1 of 2
Revised 10/30/2014
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
WSDOT Form 140-089 EF Exhibit J Page 2 of 2
Revised 10/30/2014