HomeMy WebLinkAboutContract CAG-20-018
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
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Agreement Number: CAG-20-018
Firm/Organization Legal Name(do not use dba's):
Concord Engineering
Address Federal Aid Number
1109 1st Avenue, Suite 212, Seattle,-WA 98101 HSIP-000S(533)
UBI Number Federal TIN
603263621 46-1648854
Execution Date Completion Date
January 15, 2020 December 31 , 2023
1099 Form Required Federal Participation
❑ Yes ❑■ No ■❑ Yes ❑ No
Project Title
Renton Elementary and Middle School Crossings
Description of Work
Upgrade crosswalk markings, upgrade to ADA accessible curb ramps, install a pedestrian refuge island
and rectangular rapid flashing beacon systems with accessible push buttons, and widen sidewalks as
well as install bulbouts.
❑ Yes le No DBE Participation Maximum Amount Payable: $99,712.13
❑ Yes 'No MBE Participation
❑ Yes 11 No WBE Participation
• El Yes gNo 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
CAG-20-018
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 1 of 14
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.
Ill. 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.
Local Agency A&E Professional Services Agreement Number CAG-20-o1a
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 2 of 14
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this,AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE
firms maximum practicable opportunities.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal
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: Flora Lee, PE, PTOE Name: Xiaoping Zhang
Agency: City of Renton Agency: Concord Engineering
Address: 1055 South Grady Way,5th Floor Address: 1109 1st Avenue, Suite 212
City: Renton State: WA Zip: 98057 City: Seattle State: WA Zip: 98101
Email: FLee@Rentonwa.gov Email: xiaoping. zhang@concordengr.com
Phone: 425-430-7030 Phone: 2 0 6—6 8 2—0 5 6 7
Facsimile: Facsimile:
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled"Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
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Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 3 of 14
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements -Direct (Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment,to 180 days following the CONSULTANT's fiscal year end(FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date)upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and
"E"will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct(raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the
CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits "D" and"E" shall represent a value to be applied throughout the life of the
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus
fee.
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Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 4 of 14
A. 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 lowest price available, 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 the WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT.
C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that 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. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution
Procedures," the CONSULTANT has twenty(20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's
Project Manager. CAG-20-01 8
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 5 of 14'
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit "E"
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall
be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
'this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
• regularly retired employees, without written consent of the public employer of such person if he/she will be •
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
CAG-20-01 8
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 6 of 14
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (Public Law
(42 U.S.C. Chapter 21 Subchapter V § 100-259)
2000d through 2000d-4a) • American with Disabilities Act of 1990 (42
• Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.)
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 § • 49 CFR Part 26
794) • RCW 49.60.180
• Age Discrimination Act of 1975 (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 at the time of
termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT,the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure
to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
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The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this'AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section XIII"Extra Work." ,
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable;provided that nothing herein shall
require a CONSULTANT
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to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY,their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents,
officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shalt be valid and
enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs,
information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents',
officers and employees' failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor's failure to perform its work in
accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
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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 l)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: Flora Lee
Agency: City of Renton
Address: 1055 South Grady Way,5th Floor
City: Renton State: WA Zip: 98057
Email: FLee@Rentonwa.gov
Phone: 425-430-7030
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
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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.
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.
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XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information"
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State's
Confidential Information in strictest confidence and not to make use of the State's Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's
Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State's Confidential Information was received; who received, maintained, and used the State's
Confidential Information; and the final disposition of the State's Confidential Information. The
CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary
damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
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The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure
that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT
notification to the sub-consultant will include the date that such records will be released by the AGENCY to the
requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of
actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-
consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all
"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the
CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
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For purposes of this AGREEMENT, "ESI"means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network
servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones,
laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES
hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is
normally created, viewed, and/or modified
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date"box on page one (1) of this AGREEMENT.
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Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
•
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Exhibit A
Scope of Work
Project No.
The anticipated scope of services include, but not limited to:
(see attached Scope of Work on the following pages.)
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Exhibit A
Renton Elementary and Middle School Crossings
Scope of Services
Introduction
The City of Renton (the"City") has identified the need for improved pedestrian crossings by installing
rectangular rapid flashing beacons (RRFBs) at the following three Renton school crossings within the
City's Right-Of-Way(ROW).This Scope of Work defines the work tasks to be performed by Concord's
team (the"Consultant")in support of the purpose and goals of the City's project(the "Project").
• Maplewood Heights Elementary School
• Sierra Heights Elementary School
• McKnight Middle School
The Project generally includes:
• RRFBs with accessible push buttons
• Signage
• Pavement markings
• Pedestrian refuge island
• Sidewalk widening/bulb outs
• ADA/curb ramps improvements
• Drainage improvement
• Visibility improvements
Assumptions and Responsibilities
The following assumptions have been made in developing this Scope of Work and Budget.Additional
detail specific to individual tasks is included in the task descriptions.
1. The level of effort is specified in the Scope of Work and the budgeted labor and expenses are
indicated in Exhibit B.The budget may be transferred between discipline tasks at the discretion
of the City Project Manager, provided the total contracted amount is not exceeded.The
Consultant will have the flexibility to manage budget within a given discipline on a subtask level.
Services not included in this Scope of Work are specifically excluded from the scope of the
Consultant's services.
2. The Consultant shall complete its work and services within its control to meet the agreed upon
schedule.The consultant shall provide to the City Project Manager monthly updates to the
project schedule that identify tasks and deliverables that require time extensions due to
reasonable and/or unforeseen circumstances.The City shall not unreasonably withhold written
acceptance of the time extensions.
3. The project will include submittals at 30%,90%, and 100%design. Drafting standards will follow
Renton Survey and Drafting standards and Renton Standard Details. For each submittal,the
Consultant will conduct a comment resolution meeting with the City Project Manager.The
following submittal will include responses to comments that will also include all subconsultant
responses with incorporation of the comments into the plans.
4. Both Solar-powered and AC-powered RRFBs will be considered for this Project; RRFB products
selected should meet Renton's material standards and maintenance requirements.
5. Assume drainage design is required at the McKnight Middle School crossing and/or bulb out
locations. Stormwater improvements will be required to meet the current City of Renton
Page 1 of 7
Surface Water Design Manual(SWDM),where applicable.Technical Information Report(TIR)
will be prepared for all three crossings in one document assuming the impacted area for each
site is less than 2,000 square feet.
6. This scope of work and associated budget assumes no design deviations will be necessary as
part of this contract. ADA code guidelines that cannot be met due to site conditions will be
identified on the plans with "Maximum Extent Feasible" notes provided on the plan sheets.
7. No landscape plans will be prepared, adjacent areas will be restored with hydroseed lawn.
8. The Consultant will develop traffic control plans for all three crossings.
9. The Consultant will prepare a compiled project manual.
10. The Consultant will support the City during Bid and Ad of the project.
11. The Consultant will attend one public outreach event and will assist the City with developing
outreach materials including preparing a website,fliers, mailings, poster exhibits,and public
notices regarding the project.
City of Renton Responsibilities
1. For those task items to be performed by other City of Renton agencies and stakeholders,the
City Project Manager will coordinate and secure the required agreements.
2. The City Project Manager will provide background data and information as available and as
requested by the Consultant
3. The City will maintain the lead role on the project,coordinating with private and governmental
agencies with the assistance of the Consultant.
4. The City will have a separate professional consultant agreement to lead the NEPA/SEPA
Environmental documentations and permitting for this project.The Consultant will provide
exhibits to the City for the documentation and/or permitting.
5. The Consultant may facilitate the public involvement and outreach activities with assistance
from the City.The City will be responsible for all public outreach costs including printing,display
advertisement,direct mailing costs and meeting or other notification mailings.
6. The Consultant will order up to seven (7)title reports for any properties that may require parcel
maps.
7. This project assumes no private right-of-way entry needs and that activities associated with the
construction of the project will stay within the public right-of-way. If right-of-way entry or
temporary construction easement needs arise later for consultant services this could be added
to the scope and budget by way of contract amendment.
8. The City will compile all comments from reviewers and provide comments to the Consultant on
one marked up set of the submittal documents and/or one compiled set of written comments
on a comment response form (format provided by the Consultant).The Consultant will
compile/update all review comments and responses to comments, including subconsultant
responses,on a list form(spreadsheet format).
9. The Consultant will produce the project manual,with assistance as required by the City.The
Consultant will compile standard specifications and special provisions specific to civil, landscape,
and signal design,as needed.The City will provide up contract documents templates.
10. The City will provide Parks department for review as needed in support of the design and/or
construction of the project.
11. The City will coordinate with franchise utilities as needed to review plans.
City of Renton-Furnished Services, Information, and Items
The City of Renton will make available or direct the Consultant to the following project resources as
needed to complete the construction documents:
Page 2 of 7
Exhibit A—Scope of Work
• Public comments about the project
• Plans and project schedules for improvement in the study area
• Pedestrian and bicycle count and crash information from the study area
• Renton Municipal Code
• City of Renton Standard Plans
• City of Renton Surface Water Design Manual(SWDM)
• City of Renton signal, illumination, and signage guidelines
• GIS information for the study area
• Access to existing record drawing information of the study area as available
• Securing location for public meetings
• Securing location for comment review meetings
• Arborist information about existing trees
• Available geotechnical information to support design. It is recognized that there may be little
information available for this corridor.
• • Recent City of Renton project bid tabs,as available.
Task 1: Project Management and Coordination
Task 1.1: Meetings
The CONSULTANT will attend and participate in a kickoff meeting with the CITY Project Manager and any
necessary CITY staff.The following summarizes the number and type of general coordination meetings
that are assumed for the project.
Meetings:
• Project kick-off,site visit,and design workshop(one four-hour meeting)
• Periodic coordination meetings (assume 2 in-person and 3 over phone)
Task 1.2: Invoicing
Monthly progress reports and invoices(up to 8)will be provided,either by email or by hardcopy. Each
report will include task accomplishments,status of deliverables,and expected upcoming activities.
Task 2: RRFB Preliminary Design
Task 2.1: Topographic Survey and Basemapping
The Consultant will provide survey services to create a basemap as necessary to complete design.
Survey services will include the following information.
Three crosswalk locations:
• Maplewood Heights Elementary School,on Jericho Ave NE
• Sierra Heights Elementary School, Union Ave NE between NE 25th PI and school bus driveway
• McKnight Middle School, Edmond Ave NE and NE 16th St
Consultant will locate surface and underground features within 50 feet of each crosswalk location (in
each direction).Consultant will locate curb,striping and signage from 50 feet to 200 feet. Survey will
extend behind sidewalk 5 feet on each school property and will stay within the public right-of-way
abutting non-school properties. Surface and underground features will include existing vegetation,
pavement markings,curb (islands and sidewalk),tactile warning strips,sign locations, edge of pavement,
castings, all other traffic features(such as flexposts/pylons), utility/signal poles,overhead signs and
Page3of7
Exhibit A—Scope of Work
related suspension systems,traffic/signal cabinets,and underground utilities.Other surface features
that are unique to each site but not listed here will also be surveyed and included in the basemap.
Consultant will identify approximate right-of-way extents based on GIS ROW records. Property deeds
will not be acquired during this project.
Consultant will perform potholing to verify design for foundation locations at all three crossings for up
to 8 potholes of which 6 are in sidewalks and 2 are in roadways. For all 8 locations,this scope of work
assumes potholes will be backfilled with native material(if dry and in the case that the native material is
wet then sand will be used) but only temporary surface replacement is expected due to the fact that
construction of new sidewalks/roads surfaces will restore the surface to new condition. If permanent
surface replacement is required (pothole performed outside of future construction limits),this could be
added to the scope and budget by way of contract amendment.
Assumptions:
• Consultant will calculate right of way through research and using the title reports obtained as
part of the project.Concord will order up to seven title reports, but no parcel maps will be
created during this phase. If parcel maps are needed,they will be scoped during a later phase.
Survey right of way lines will show on plans.
• The City will provide GIS utilities files and all utility records where available for the project site at
least one week prior to start of field work.
• Trees with trunk diameters of four(4) inches and above will be surveyed. Trees will be labeled
with trunk and dripline diameter and the species will only be classified as coniferous or
deciduous unless directed otherwise.All trees will show on Plans.
• Manholes over 25 feet deep or full of debris/water will not be asbuilt as they require confined
space entry to access the manhole in order to accurately measure the depth.
• Assume drainage design is required at the McKnight Middle School crossing and the new
drainage improvement will be tied into the existing drainage system. Pipe tracing are not
included within this scope. If this service is needed,additional scope and budget can be added
with an amendment at a later date.
• The Consultant's surveyor will call One Call(811)and pick-up utilities that are marked. The
Consultant's surveyor expects very little to be marked and will supplement the previously
located utilities by One Call with a private locator to make sure all utilities are located.
• Basemaps will be provided in Civil3D 2016 using APWA CAD standards and layering. No hard
copies will be provided, PDF format will be provided. Title block and title data will be provided
for PDF survey sheets by Concord.
• Basemaps will be provided in NAD83(2011) North Zone horizontal Datum and NAVD88 vertical
Datums
Deliverables:
• Two AutoCAD 2016 Civil3D digital drawings;one drawing will contain a flattened 2D basemap
and the second drawing will contain the 3D DTM surface.
• Topographical survey sheets will be provided in PDF format.
• 3D LiDAR Point Cloud in RECAP format(.rcp)
• 360 Panoramic Photos with Photo Map(.jpeg)
Page 4 of 7
Exhibit A—Scope of Work
Task 2.2: 30% Design
The Consultant will conduct field visits with Renton to inventory the existing sidewalk, curb ramp and
landscaped area conditions, lighting condition at the crosswalk, identify potential AC power sources,and
discuss design concepts.The Consultant and Renton will conduct a two-hour workshop to develop the
design concept and confirm where solar powered RRFB is desired and where AC powered RRFB is
desired.The design concept will be prepared and submitted in a draft 30%submittal package.
Existing lighting condition will be analyzed using AGi32 for each of the three crosswalk areas to evaluate
if the existing lighting meets the City's requirements.
The Consultant will prepare standard 1"=20'scaled drawings for each school crossing with line
drawings to show all features with an aerial background layer on the plans.The crosswalk drawings will
show information including approach and crossing channelization,signage, paving repair, utilities,
landscape,signals, pedestrian refuge island, bulb-out for sidewalk widening,and ADA improvements,as
required.The signal design drawings will show RRFB equipment locations,conduits, power source if AC
powered RRFB,conduit path,and handhole locations.
Anticipated sheets for the 30%submittal include:
Site Preparation and Demolition Plans and Details, including TESC 4
Cover,vicinity map,general notes 2
Paving Plans,Sections,and Details(1"= 10") 4
Stormwater and Utility Plans 2
Crosswalk Plans (Channelization and Signage) 4
Signal Plans (New RRFB installation layout) 3
The Consultant will submit final 30%design package after incorporating and addressing Renton's review
comments to the draft 30%submittal.
Deliverables:
• Draft 30%design plans (electronic PDF of half-size drawings)
• Final 30%design plans(electronic PDF of half-size drawings)
• Comments responses that show all 30%review comments have been addressed/incorporated to
final 30%design plans
• Draft 30%cost estimate
Task 2.3: Puget Sound Energy Coordination
The Consultant will coordinate with Puget Sound Energy to identify AC power source at each school
crossing as service point for RRFBs and confirm service connection design.
Task 3: RRFB Final Design (Amendment)
Upon receiving approval from Renton on the final 30%design submittal,the Consultant will prepare
90%design package, and 100%/Bid documents.
The Consultant will prepare standard 1"=20'scaled drawings for each school crossing.The crosswalk
drawings will show information including approach and crossing channelization,signage, paving repair,
utilities, landscape,signals, pedestrian refuge island,bulb-out for sidewalk widening, and ADA
improvements, as required.
Page 5 of 7
Exhibit A—Scope of Work
The Consultant will prepare an itemized quantity takeoff of bid items for each plan set and Engineer's
Estimate for the project at the 90%and 100%/Bid document design submittals.The Consultant will work
with the City to use standard bid item unit costs based on historical costs in the City of Renton or similar
projects in the Puget Sound region.The Consultant shall modify unit costs based on experience and
judgement to reflect specific construction requirements of this contract and the general bidding
environment, including recent City of Renton bid documents.
Task 3.1: 90% Design
The Consultant will prepare plans,draft special provisions, and provide an engineer's estimate based on
the approved design approach from the 30%design.The Consultant will support Renton staff in
preparing the draft project manual, by providing special provisions specific to civil, landscape,and signal
design.
Anticipated sheets for the 90%submittal include:
Site Preparation and Demolition Plans and Details,including TESC 4
Cover,vicinity map,general notes 2
Paving Plans,Sections,and Details (1"= 10") 4
Stormwater and Utility Plans 2
Crosswalk Plans(Channelization and Signage [7]) 4 •
Signal Plans ( New RRFB installation layout [3], Details [2]) 5
TCP Plans 6
Deliverables:
• 90% Design Plans (electronic PDF of half-size drawings)
• 90% Design Engineer's Estimate
• Draft special provisions for civil, landscape and signal design
• Curb ramp improvements MEF documentation, if required.
Meetings:
• Comment resolution meeting
Task 3.2: 100%/Bid Documents
Upon receipt of 90%comments the Consultant will prepare bid-ready documents, including plans,
special provisions and engineer's estimate ready for all the stamps and signatures needed for bid
advertisement.Any final additions to the project manual will be added at this time.The Consultant will
perform a final Quality Assurance/Quality Control (QA/QC) review to ensure that all comments have
been addressed and furnish the final bid package to the City,and submit QA/QC documents to the City
for review/approval.
Anticipated sheets for the 100%submittal include updates to the 90%complete plan set.
Deliverables:
• QA/QC documentation to the City
• 100%/Bid Documents Design Plans (electronic PDF)
• 100%/Bid Documents Special Provisions (word .doc format)
• 100%/Bid Documents Engineer's Estimate
• WSDOT PSE Checklist
• Final 100%/Bid Documents Design Plans (electronic PDF of full-size drawings)
• Final 100%/Bid Documents Special Provisions
Page 6 of 7
Exhibit A—Scope of Work
• Updated comments responses that show all review comments have been
addressed/incorporated
• Pubic Interest Finding Form
Task 4: Construction Support Services (Amendment)
During construction,the consultant will provide submittal review(up to 2), respond to RFIs(up to 2) and
construction observation (up to 2 site visits).Additional bid support and coordination with the
contractor is available for additional fee.
•
Page 7 of 7
Exhibit A—Scope of Work
Exhibit B
DBE Participation Plan
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE
maximum practicable opportunities.
CAG-20-01 8
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
L Surveying, Roadway Design &Plans Preparation Section
A. Survey Data
B. Roadway Design Files
C. Computer Aided Drafting Files
CAG-20-018
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
D. Specify the Agency's Right to Review Product with the Consultant
•
E. Specify the Electronic Deliverables to Be Provided to the Agency
•
•
F. Specify What Agency Furnished Services and Infonnation Is to Be Provided
CAG-20-01 8
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
IL Any Other Electronic Files to Be Provided
Methods to Electronically Exchange Data
CAG-20-01 8
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
A. Agency Software Suite
B. Electronic Messaging System
C. File Transfers Format
CAG-20-018
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit D
Prime Consultant Cost Computations
see attached
CAG-20-018
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit D
Fee Estimate for Renton Elementary and Middle School Crossings
Concord Engineering Concord Toole LEA Summary
Loaded Salary Reimb. Loaded Salary Reimb. Loaded Salary Reimb. Total Loaded Salary Total Reimb
Task 1.Project Management and Coordination
Project Administration(Project Setup,Invoices) $ 831.50 $ - $ 2.460.24 $ - 0 0 $ 3,291.74 $ -
Project Kickoff,Field Visit.and Workshop $ 3,002.08 $ 20.00 $ 1,636.16 $ - 0 0 $ 4,638.24 $ 20.00
Check-in/Coordination Meetings(up to 5) $ - $ 80.00 $ 3.071.55 $ - 0 0 $ 3.071.55 $ 80.00
$ - $ - $ - $ - 0 0 $ - $ -
Subtotal $ 3,833.58 $ 100.00 $ 7,167.95 $ - $ - $ $ 11,001.53 $ 100.00
Task 2.RRFB Preliminary Design
2.1.1 Survey and Basemapping $ - $ - $ 1,330.22 $ - 20276 4350 $ 21.606.30 $ 4,350.00
2.1.2 Pothole Survey and Coordination $ $ - $ - $ - 5833 9800 $ 5,832.70 $ 9,800.00
2.1.3 ROW Certification $ 2,894.12 $ 5,600.00 $ - $ - 3608 0 $ 6,502.16 $ 5,600.00
2.2 30%Design $ 13.579.52 $ 50.00 $ 18.961.36 $ 50.00 0 0 $ 32,540.88 $ 100.00
2.3 PSE Coordination $ 2.278.56 $ - $ - $ - 0 0 $ 2,278.56 $ -
Subtotal $ 18.752.20 $ 5,650.00 $ 20,291.58 $ 50.00 $ 29,716.82 $ 14,150.00 $ 68,760.60 $ 19,850.00
Total $ 22,585.78 § 5,750,00 $ 27,459.53 $ 50.00 $ 29,716.82 § 14,150.00 $ 79,762.13 $ 19,950.00
$ 79,762.13 $ 19,950.00
Total Loaded Salary Cost $ 79,762.13
Total Reimbursable Expenses $ 19,950.00
Total Cost of Services $ 99,712.13
Fee Estimate P1 Renton Elementary and Middle School Crossings 2020.02.12,xls 02/13/2020 Page 1 of4
Exhibit D
Fee Estimate for Renton Elementary and Middle School Crossings
Senior Associate Assistant Project
PM QC Engineer Engineer Engineer Coordinator
Concord Engineering
Xiaoping Monsur Christian
Zhang Ahmed Syed Rahman Yilin Wang Carlos Jody Guilliatt
$ 205.18 $ 180.88 $ 170.08 $ 105.29 $ 97.19 $ 70.19 Reimb. Loaded Salary Cost
Task 1. Project Management and Coordination
Project Administration(Project Setup,Invoices) 2 6 $ - $ 831.50
Project Kickoff,Field Visit,and Workshop 8 8 $ 20.00 $ 3,002.08
Check-in/Coordination Meetings(up to 5) $ 80.00 $ -
0 $ - $ -
Subtotal 10 0 8 0 0 6 $ 100.00 $ 3,833.58
Task 2.RRFB Preliminary Design
2.1.1 Survey and Basemapping $ - $ -
2.1.2 Pothole Survey and Coordination $ - $ _
2.1.3 ROW Certification 10 8 $ 5,600.00 $ 2,894.12
2.2 30%Design 8 12 30 48 $ 50.00 $ 13,579.52
2.3 PSE Coordination 4 4 8 $ - $ 2,278.56
Subtotal 22 12 34 8 56 0 $ 5,650.00 $ 18,752.20
32 12 42 8 56 6 $ 22,585.78
I $ 5,750.00 $ 22,585.78
Total Loaded Salary Cost $ 22,585.78
Total Reimbursable Expenses $ 5,750.00
Total Cost of Services $ 28,335.78
•
File: Fee Estimate P1 Renton Elementary and Middle School Crossings 2020.02.12.x1s 02/13/2020 Page 2 of 4
Exhibit D
Fee Estimate for Renton Elementary and Middle School Crossings
• Senior Project Landscape Project
PM QC Engineer Engineer Architect Coordinator
Toole
Kenneth Amalia Craig Jakob Teresa
Loen Leighton Schoenberg Ward Damaske
$ 205.27 $ 203.77 $ 153.39 $ 96.90 $ 133.02 Reimb. Loaded Salary Cost
Task 1. Project Management and Coordination
Project Administration(Project Setup,Invoices) 10 2 $ - $ 2,460.24
Project Kickoff,Field Visit,and Workshop 4 4 $ 1,636.16
Check-in/Coordination Meetings(up to 5) 10 5 $ 3,071.55
0 $ -_
Subtotal 24 11 0 0 0 0 $ - $ 7,167.95
Task 2. RRFB Preliminary Design
2.1:1 Survey and Basemapping 2 4 4 $ - $ 1,330.22
2.1.2 Pothole Survey and Coordination $ - $ -
2.1.3 ROW Certification $ - $ -
2.2 30%Design 15 10 25 58 33 $ 50.00 $ 18,961.36
2.3 PSE Coordination $ - $ -
_ Subtotal 17 10 25 62 37 0 $ .50.00 $ 20,291.58
41 21 25 62 37 0 $ 27,459.53
I $ 50.00 $ 27,459.53
Total Loaded Salary Cost $ 27,459.53
Total Reimbursable Expenses $ 50.00
Total Cost of Services $ 27,509.53
File: Fee Estimate P1 Renton Elementary and Middle School Crossings 2020.02.12.xls 02/13/2020 Page 3 of 4
Exhibit D
Fee Estimate for Renton Elementary and Middle School Crossings
Principal-In- Survey Sr.Survey Chief of Field Sr.Project
Charge Manager Tech Parties Survey Tech Surveyor Admin
Concord Engineering
Reis, MacDougall, Manalo, Sweany, Goldsberry,
Richard Bone,Earl Darryn Alfonso Cohn Goode,Peter Jessica -
$ 265.90 $ 176.79 $ 113.15 $ 107.49 $ 86.28 $ 76.37 $ 125.88 Reimb. Loaded Salary Cost
Task 1. Project Management and Coordination
Project Administration(Project Setup,Invoices) $ - $ -
Project Kickoff,Field Visit,and Workshop $ - $ -
Check-in/Coordination Meetings(up to 5) $ - $ -
0 $ - $ -
Subtotal 0 0 0 0 0 0 0 $ - $ -
Task 2. RRFB Preliminary Design
2.1.1 Survey and Basemapping 4 26 34 38 38 38 4 $ 4,350.00 $ 20,276.08
2.1.2 Pothole Survey and Coordination 0 4 - 6 20 6 20 2 $ 9,800.00 $ 5,832.70
2.1.3 ROW Certification 0 10 6 0 12 0 1 $ - $ 3,608.04
2.2 30%Design $ - $ -
2.3 PSE Coordination $ - $ -
Subtotal 4 40 46 58 56 58 7 $ 14,150.00 $ 29,716.82
4 40 46 58 56 58 7 $ 29,716.82
I $ 14,150.00 $ 29,716.82
Total Loaded Salary Cost $ 29,716.82
Total Reimbursable Expenses $ 14,150.00
Total Cost of Services $ 43,866.82
•
File: Fee Estimate P1 Renton Elementary and Middle School Crossings 2020.02.12.xls 02/13/2020 Page 4 of 4
Exhibit E
Sub-consultant Cost Computations
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT
without prior written permission of the AGENCY.Refer to section VI"Sub-Contracting" of this AGREEMENT.
•
CAG-20-01 8
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself; its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2 Non-discrimination: The CONSULTANT,with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and 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 inpart.
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.
CAG-20-01 8
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of 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
Exhibit G-4 Certificate of Current Cost or Pricing Data
Local Agency A&E Professional Services Agreement Number CAG-20-01 8
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Concord Engineering
whose address is
1109 1st Avenue, Suite 212, Seattle, WA 98101
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 City of Renton
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Concord Engineering
Consultant(Firm Name)
If CD,,mlSgned by Xiaoping Zhang
Xiaoping Zhang-,stnP.Zz lnrgeXizzznang January 15, 2020
-Date2020.m.1515'4125-MM 0'
Signature(Authorized Official of Consultant) Date
CAG-20-01 8
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-1(b) Certification of The City of Renton
I hereby certify that I am the:
nCertification Authority
Other
of the City of Renton and Concord Engineering
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; o
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 Washington State Dept of Transportation
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.
e ‘/Z,e7
Si ture Date
•
Local Agency A&E Professional Services Agreement Number CAG-20-01 8
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and 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; an
D. Have not within a three (3) year period preceding this application /proposal had one or more public
transactions (Federal, State and local)terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
Concord Engineering
Consultant(Firm Name)
'1 COQcus ned by%laopinq znanp
Xiaoping Zhang.oteobEngnaenng=CN.%Iaopn0Aano January 15, 2020
o,to202001.15153726-08b0
Signature(Authorized Official of Consultant) Date
CAG-20-018
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief; that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,
renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT.
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 require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she 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.
Concord Engineering
Consultant(Firm Name)
[Oigita0y signed by Reaping Zhang
N:C=U5,
E=xiaaping.zhang@concordengr,com,
Xiaoping Zhang=O=CurirordEngine�ring,CN=%iaoping Zhangi January 15 2020
t------Data:2020.01.1515:37:55-OB'00'
Signature(Authorized Official of Consultant) Date
CAG-20-018
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of Renton Elementary and Middle School Crossings *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: Concord Engineering
n ug'dw.m.earca.y
Xiaoping Zharig, m;; .m m.Am. President/Principal
Signature Title
Date of Execution January 15, 2020 ***:
*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.
Local Agency A&E Professional Services Agreement Number cac-20-ot8
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of$
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the
additional professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase,premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit
Local Agency A&E Professional Services Agreement Number cAG-2o-o18
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Local Programs Engineer should be
informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer
may appoint an agency staff person other than the project manager, who has not been as directly
involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions
of work,photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a 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.
Local Agency A&E Professional Services Agreement Number CAG-20-018
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Step 5 Forward Documents to Local Programs
For federally funded projects, all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt to
find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs 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.
Local Agency A&E Professional Services Agreement Number CAG 20 018
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant's claim(s)that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to theAgency'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.
CAG-20-018
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency
funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
• The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
CAG-20-018
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Washington State Transportation Building
Department of Transportation 310 Maple Park Avenue S.E.
P.O.Box 47300
Olympia,WA 98504-7300
360-705-7000
TTY:1-800-833-6388
www.wsdot.wa.gov
July 26, 2019
Concord Engineering, Inc.
1109 lst Avenue, Suite 212
Seattle, WA 98101
Subject: Acceptance FYE 2018 ICR—Risk Assessment Review
Dear Xiaoping Zhang:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2018 ICR of 139.97% of direct labor. This rate will be applicable for WSDOT
Agreements and Local Agency Contracts in Washington only. This rate may be subject
to additional review if considered necessary by WSDOT. Your ICR must be updated on
an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at(360) 705-7019 or via email
consultantratesnwsdot.wa.gov.
Regards;
Jonson,Erik
ft,ak-fra'' Jul29 2019 2:23 PM
cosign
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Acceptance ICR Audit Office Review
•
Concord Engineering,Inc. •
Indirect Cost Rate Schedule
For the Year Ended December 31,2018
Financial
Statement Concord Accepted
Amount Adjustment Ref. Amount
Direct Labor $1,287,596 $1,287,596 100.00%
Indirect Costs:
Fringe Benefits
Holiday Pay $55,291 $55,291 4.29%
Sick Pay 21,238 21,238 1.65%
Vacation Pay 51,438 51,438 3.99%
Payroll Taxes 149,308 149,308 11.60%
Health/Dental Insurance 115,529 115,529 8.97%
HSA Expense_ER portion 19,831 19,831 1.54%
Retirement Contribution 53,834 53,834 4.18%
Total Fringe Benefits $466,470 $0 $466,470 36.22%
General Overhead
Indirect Overhead Labor $284,254 ($8,956) B&G $275,298 21.38%
Bid&Proposal Labor 79,406 79,406 6.17%
Bonus Pay 497,600 497,600 38.65%
Marketing Labor Allowable 441 441 0.03%
Professional Development_Principal 490 490 0.04%
Professional Development_Employee 10,101 10,101 0.78%
Professional Registration&Dues 3,433 3,433 0.27%
Employee Welfare&Relations_Allowable Cost 358 358 0.03%
Employee Welfare&Relations_Unallowable Cost 6,273 (6,273) D 0 0.00%
Fitness Expense 4,584 4,584 0.36%
Employee Working Safety Expense 5,481 5,481 0.43%
HIB Application Fees 8,305 8,305 0.65%
Rent 106,135 106,135 8.24%
Office Supplies_Allowable 14,125 14,125 1.10%
Office Supplies_Unallowable 5,109 (5,109) F 0 0.00%
Fumiture&Fixtures Expense 5,318 5,318 0.41%
Computer Supplies 12,754 12,754 0.99%
Software License Purchase Expense 22,653 22,653 1.76%
Software Support/Maintenance 5,936 5,936 0.46%
Business Licenses and Permits 1,700 1,700 .0.13%
Bank Charges 517 517 0.04%
Cellphone Expense 9,861 9,861 0.77%
Internet Access 6,776 6,776 0.53%
Postage,Shipping,Delivery 280 280 • 0.02%
Office Moving Expense 1,407 1,407 0.11%
M&E_allowable Cost 4,583 4,583 0.36%
M&E_Unallowable Cost 5,141 (5,141) E 0 0.00%
Depreciation 43,496 43,496 3.38%
Section 179 39,987 (39,987) H 0 0.00%
Other Professional Fee 21,158 21,158 1.64%
Accounting 4,670 4,670 0.36%
IT Support 25,134 25,134 1.95%
Legal 43,847 43,847 3.41%
ADP Service Charges 2,637 2,637 0.20%
Vehicles&Travel 23,497 23,497 1.82%
Marketing Travel 348 348 0.03%
Marketing Gift 2,597 (2,597) A 0 0.00%
Business Insurance 14,676 14,676 1.14%
Business Tax 78,826 . 78,826 6.12%
Page 1
Concord Engineering,Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31,2018
Financial
Statement Concord Accepted
Amount Adjustment Ref. Amount
Contributions for non-501(c)org. 800 (800) C 0 0.00%
Charitable Donations 2,500 (2,500) C • 0 0.00%
Total General Overhead $1,407,196 ($71,363) $1,335,833 103.76%
Total Indirect Costs&Overhead $1,873,666 ($71,363) $1,802,303 139.98%
Indirect Cost Rate 145.52% 139.97%
Concord Engineering Inc.-Accepted by BC 7/25/79
"Indirect Cost Rate still subject to WSDOT Audit"
Reference
Concord Engineering Adjustments:
A Gift to clients(2,597)unallowable per 48 CFR 31.205-1(f)
B Excess executive compensation(8,856)unallowable per 48 CFR 31.205-6
C Cash charitable donation(2,500)and contribution for non-501(c)org(800)unallowable per 48 CFR 31.205-8
D Employee Welfare&Relation(6,273)unallowable per 48 CFR 31.205-14
E Meals&Entertainment(5,141)unallowable per 48 CFR 31.205.14
F Office Supplies unallowable(5,109)per 48 CFR 31.205-14
G Indirect overhead labor(100)for hours on Facebook,website update are Unallowable per 48 CFR 31.205-1.
H Section 179 expense($39,987)unallowable per 48 CFR 31.205-I l
Page 2
Washington State Transportation Building
WAR Department of Transportation 310 Maple Park Avenue S.E.
P.O.Box 47300
Olympia,WA 98504-7300
360-705-7000
TTY:1-800-833-6388
www.wsdot.wa.gov
June 19, 2019
Lin&Associates, Inc.
901 5th Avenue, Suite 2710
Seattle, WA 98164
Subject: Acceptance FYE 2018 ICR—Risk Assessment Review
Dear Hannah Fredericksen:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2018 ICR as follows:
• Home office rate of 152.87% of direct labor
• Field office rate of 122.48% of direct labor
This rate will be applicable for WSDOT Agreements and Local Agency Contracts in
Washington only. This rate may be subject to additional review if considered necessary
by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates a,wsdot.wa.2ov.
Regards; .
�I_� Jonson, Erik
t'`m k- Jun 19 2019 1:35 PM
cosign
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Acceptance ICR Audit Office Review