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Home My WebLink AboutContract CAG-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: CAG-15-207 Firm/Organization Legal Name (do not use dba's): BergerABAM Inc. Address Federal Aid Number 33301 Ninth Ave S Ste 300, Federal Way WA 98003 BROS-1070(009) UBI Number Federal TIN or SSN Number 601-110-595 91-1422812 Execution Date Completion Date �c� �� December 31, 2017 1099 Form Re ired Federal Participation ❑ Yes ❑� No Q✓ Yes ❑ No Project Title NE 31 st Street Bridge Replacement Description of Work The City of Renton is planning to replace the NE 31 st St Bridge (Renton-23)with a new bridge. The existing bridge is structurally deficient with a sufficiency rating of 27. The bridge crosses over May Creek. The City has secured FHWA funding for design, environmental permitting, right-of-way acquisition, and construction. The work to be performed by the consultant in this contract includes preliminary engineering design, engineering support for environmental permitting, right-of-way acquisition, final plans, specifications, estimate and engineering support for bidding, as defined in the scope of work. Future supplemental agreements to this contract are anticipated for engineering support during construction. ❑ Yes Q No DBE Participation Maximum Amount Payable: $329,204 ❑ Yes Q No MBE Participation ❑ Yes ❑� No WBE Participation ❑ Yes ❑� No SBE Participation Index of Exhibits Eahibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: CAG-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14 Ra�;�p�ai�ni�n�s THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Renton � hereinafter called the "AGENCY," and the "Firm/ Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in"Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Nwnber: CAG-15-207 Locaf AgencyA&E Professional Services Negotiated Hourly Rate ConsultantAgreement Page 2 of 14 Rp��p�►ai�oi�ms Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended,but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requireinents 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: Derek Akesson Name: Robert Fernandes Agency: City of Renton Agency: BergerABAM Inc. Address: City Hall - Sth Floor, 1055 S Grady Way Address: 33301 Ninth Avenue S., Suite 300 City: Renton State: WA Zip: 98057 City: Federal Way State: WA Zip: 98003 Email: dakesson@rentonwa.gov Email: bob.fernandes@abam.com Phone: 425-430-7337 Phone: 206-357-5615 Facsimile: 425-430-7376 Facsimile: 206-357-5601 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. Agreement Number: CAG-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 Rpvicprl d/1 n/?(11.5 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) Labar, Indirect Cost Rate, and Fixed 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 fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement 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 acknowledgement, 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 acknowledgement between the parties. Such final written acknowledgement 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 be applicable for the twelve (12) month period. The fixed 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 rates 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 acknowledgement. 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 fixed fee (profit)percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee. Agreement Number: CAG-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14 Rp�;�P�ni�ni�n�s B. 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. C. 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. D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements 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. E. 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 thiriy (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. F. 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. Agreement Number: CAG-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14 Rp�►�p�ai�ni�m� VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. Far 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-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14 Rp��p�►ai�ni�ms VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid HighwayAct of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) . 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged 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. Agreement Number: CAG-15-207 Local Agency A&E Professiona/Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14 RP��P�a�ni�n�� 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 thereo£ 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 Agreement Number: CAG-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14 RP�;�P.�di�ni�ms to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY,their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement ar 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 inethods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the Parties. 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. Agreement Number: CAG-15-207 Local AgencyA&E Professional Services Negotiated Hourly Rate ConsultantAgreement Page 9 of 14 RP�;�P�►a�ni�n�s Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 O1 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 Ol 10 Ol or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Derek Akesson Agency: City of Renton Address: City Hall - Sth Floor, 1055 S Grady Way City: Renton State: WA Zip: 98057 Email: dakesson@rentonwa.gov Phone: 425-430-7337 Facsimile: 425-430-7376 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT 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 party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: CAG-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14 Rp��p�ai��ian�s 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 ternis 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 ar 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. Agreement Number: CAG-15-207 Loca/Agency A&E Professional Services Negotiated Hourly Rate Consulfant Agreement Page 11 of 14 RP��p�►ai�ni�n�s XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE 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. Iminediately 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. Agreement Number: CAG-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14 RPvicprl dHA/9n1.5 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed, whichever is. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6)year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,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 ineetings, 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. AgreementNumber: CAG-15-207 Local Agency A&E Professional Services Negotiated Hourly Rate Consu/tant Agreement Page 13 of 14 Rp�►�p�ai�ni�ms 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. . � 6/23/16 Signature Date ..,»,�,r="�s°��,� .�.,.;s��" �$�«�t`�fSy�� .�'�`� ��'�2,f _ •� t '�=: k Signature Denis Law, Mayor �"w;, � �,� , :' Jason eth, C ty Clerk ��3"d�r=�1�.°��r�� ` �. �!��%1':��-.. 't'"; ,n,:;,.,, Any mod�catio�, change, or reformation of this AGRE�1l%1ENT shall require approval as to,form by the Office of the Atto�-ney Genef•al. Agreement Number: CAG-15-207 Loca/Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14 Rp��p�ai�ni�n�s Exhibit A Scope of Work Project No. TED4003843 See Exhibit A, attached. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 ap�►�p��ni�ni�ma EXHIBIT A-SCOPE OF WORK CITY OF RENTON - NORTHEAST 31ST STREET BRIDGE REPLACEMENT PROJECT DESCRIPTION Northeast 31st Street is a low-volume local access road that serves as the only public access to several homes. The Northeast 31st Street Bridge (Structure ID: 08557300) spans over May Creek. The bridge,built in 1950 by King County, is structurally deficient and has a sufficiency rating of 27. It is a two-span bridge with precast channel girders supported on timber pile caps. Each timber pile cap is supported on five timber piles. The center pier has two piles(middle and adjacent) that have severe rot, diminishing their ability to carry vertical loads. In 2014, temporary vertical supports were installed at the center pier to increase the load carrying capacity. These temporary vertical supports are not resistant to scour resulting from high flows in May Creek. This project will replace the existing bridge with a new single span precast concrete structure with voided slab girders founded on steel round piles filled with concrete and rebar. In 2015, the City of Renton (hereinafter referred to as CITY) secured $1.2 million in Federal Highway Administration (FHWA) Bridge Replacement Funds to design, acquire right-of-way (ROW), and construct this project. PROJECT IMPLEMENTATION It is anticipated the project will be implemented in two phases. This scope of work addresses Phase 1. Phase 2, construction period services, will be provided as a supplemental service when the project is ready for construction. A brief description of the work to be completed in each phase is provided below. Phase 1 - Preliminary& Final Design The completion of Phase 1 is anticipated to provide a completed set of plans, specifications and estimates (PS&E) for the project and all necessary ROW. BergerABAM (hereinafter referred to as CONSULTANT) shall coordinate with the CITY's environmental consultant responsible for completing all environmental documentation for the project and obtaining the necessary permits for construction. A specific list of services to be provided by the CONSULTANT for Phase 1 is provided in the task description below. Phase 2 - Construction Phase Services Construction phase services for the project are not included, but will be provided as supplemental service in Phase 2. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 1 of 25 DESIGN CRITERIA The CITY has developed a memo titled NE 31st St Bridge Re�lacement Project Information, dated July 21, 2015, with recommendations for the design and configuration of the new bridge.While there are some recommendations in this memo that need to be confirmed and/or verified, this memo represents the basis of design and configuration of the new bridge. In addition to the memo,the bridge design shall be in accordance with the following. • WSDOT Local Agency Guidelines, Apri12016 � WSDOT Bridge Design Manual LRFD (M 23-50), Apri12015 • AASHTO LRFD Bridge Design Specifications, 7th Edition, 2014 • AASHTO Guide Specifications for LRFD Seismic Bridge Design, 2nd Edition, 2012 • AASHTO Guidelines far Geometric Design of Very Low-Volume Roads, 1st Edition, 2001 • The project construction specifications shall be based on the 2016 WSDOT Standard Specifications City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 2 of 25 GENERAL ASSUMPTIONS The following scope and associated costs are based on the assumptions outlined below. • FHWA funds are being utilized for design services included in this contract. Therefore, this contract is subject to all rules and regulations associated with this funding source. • It is assumed that the CITY will use federal fiznds to acquire ROW, so that completion of National Environmental Policy Act(NEPA) is required to begin ROW acquisition. • Any task or deliverable requested by the CIT'Y that is not specifically defined in this scope of work will not be performed by the CONSULTANT unless one of the following occur. — The CONSULTANT provides a written request to the CIT'Y to use Management Reserve Funds. T'his request shall summarize the scope of additional work,estimated hours, and associated direct salary costs by task and adjustment in total fee. Once received, the CITY will evaluate the request. If approved, the CITY will issue a notice to proceed (NTP) in writing. Once received, the CONSULTANT may proceed with the additional work. — The CONSULTANT provides a draft supplemental agreement to the CITY for review and negotiation. The supplemental agreement shall be complete, including the scope of additional work, estimated hours, and associated direct salary costs by task, adjustment in total fee, and total amount authorized for the contract. The CITY will review the supplement agreement. Once complete,further negotiations may occur between the parties. Once a scope of work and budget is agreed to, two (2) complete signed originals will be delivered to the CITY,by the CONSULTANT, for execution by the CITY. Once executed, the CIT'Y will issue a NTP in writing. Once received, the CONSULTANT may proceed with the additional work. • Other task-specific assumptions are provided with each task. SCHEDULE All work will be completed as required to allow in-water work to be completed in the summer of 2017. Therefore, the work must be completed and advertised for construction no later March 2017. The budget shown in Exhibit D assumes that the design effort, from beginning to completion of the "Ad Ready" PS&E will be 6 months in duration. The anticipated level of effort for this phase is, therefore,based on a 6-month active duration with some potential for "down time" for the engineering team. The CONSULTANT shall prepare a project schedule as described in Subtask 1.4 below that meets this objective. Unless noted otherwise in the scope of work, the completion dates for all deliverables described in this scope of work will be defined in accordance with the project schedule. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 3 of 25 SERVICES PROVIDED BY THE CITY The CITY is responsible for the following, as necessary. • Environmental documentation and permitting will be provided by Widener& Associates under a separate coniract with the CIT'Y. • Reserve and arrange conference room(s), as necessary, for meetings held at City Hall. • Prepare and mail project notices, as required. • All coordination with franchise and public utilities, as necessary. • All coordination with the U.S.Postal Service and the local waste management company for the area. • Provide CONSULTANT with all available existing record drawings (as-built plans);ROW plans;horizontal and vertical monument information; GIS maps; and other mapping information (as available). • The CITY will assemble the construction contract and Division 1 specifications. • Provide CONSULTANT with pdf copies of the final NEPA and State Environmental Protection Act(SEPA) checklists and associated determinations. • Review all submittals from CONSULTANT and provide written comments back to CONSULTANT within 10 working days. Written comments may take the form of red line markups. However, the CITY may summarize all comments on a review comment summary form, as time allows. • The CITY will participate in comment resolution meetings as described in Task 1 of this scope of work. • The CIT'Y will acquire title reports as required and provide them to the CONSULTANT. City of Renton BergerABAM,P16.0060.00 Nartheast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 4 of 25 SCOPE OF WORK TASK 1.0 GENERAL ACTIVITIES The following items are to be performed by the CONSULTANT, under this task. Subtask 1.1 Administration, Coordination, and Supervision Initiate project set-up, including establishment of timesheets (charge codes), creation of project files (electronic and physical), and scheduling of personnel work activities and subconsultant work activities. Supervision of personnel and activities to ensure compliance with contract scope and schedule and proper charging of time against the contract. Oversite of subconsultant activities to ensure compliance with contract scope, schedule, and budget. Subtask 1.2 Invoicing . Preparation of monthly invoices with progress reports that include the following. • Summary of work accomplished for the invoice period. • Spreadsheet summary of budget, expenses to date, expenses for invoice period,estimate to complete, and estimate at completion, for each task. This summary will include an estimate of percent of work complete for the invoice period. • Summary of outstanding issues to be resolved by the CITY. • Backup detail that includes the name, direct salary rate, and hours charged by date, for each individual charging time to this contract, for the work period. • Backup detail of all direct nonsalary costs included in the invoice for the work period. Subtask 1.3 Project Meetings and Site Visits Project Kickoff Meeting to Confirm Design After receiving NTP from the CI'TY, set up a project kick-off ineeting with key CITY and design team personnel. The purpose of the meeting is to discuss key elements of the scope of work, project schedule timelines, and critical path elements. The meeting shall be approximately 4 hours in duration and shall be attended by an average of five CONSULTANT team members, including three of the CONSULTANT's project management and/or project engineering staff and two other consultant discipline specialists for bridge design, geotechnical,hydraulics, ROW, etc., as required. Comment Resolution Meetings and Coordination with CITY The CONSULTANT's project manager shall provide biweekly, check-in phone or email coordination with the CITY and attend up to three(3) comment resolution meetings with the CIT'Y at the CITY's Renton office location. Meetings at City Hall shall be approximately 4 hours in duration and shall be attended by three CONSULTANT team member. The purpose of these meetings will be to review and resolve CITY comments on four PS&E submittals: 30, 60, 90, and 100 percent. It is assumed these meetings will be held within two weeks after each submittal. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 5 of 25 Internal Design Coordination Meetings The CONSULTANT's project manager will conduct regular internal design coordination meetings with key design team members including subconsultants. The meetings shall be approximately 1 hour in duration and shall be attended by an average of four CONSULTANT team members. Site Visit for Conceptual Design Evaluation CONSULTANT and CITY staff will perform one (1) site visit to evaluate project elements, including stream hydraulics;roadway alignment and profile;bridge location; stormwater runoff; and ROW acquisition needs. Meeting shall be approximately 2 hours in duration and shall be attended by an average of five CONSULTANT team members, including three of the CONSULTANT's project management and/or project engineering staff and two other consultant discipline specialists for bridge design, geotechnical,hydraulics, ROW, etc., as required. Additional meetings with the CITY's environmental consultant will be required as described in Task 7. Subtask 1.4 Develop Project Schedule CONSULTANT will develop a preliminary project schedule with assistance from the CITY. This project schedule will cover the entire timeframe of the project from initiation of design activities to completion of construction activities. It will incorporate estimated timelines for the following. • Completion of the PS&E � Completion of environmental permitting (NEPA and SEPA) • Duration of final engineering design, including all interim submittals • ROW plan approval and obligation of ROW funds • ROW certification and obligation of construction funds • Bid advertisement, evaluation, and award • Construction Deliverable(s) The following deliverables and delivery times are included in Task 1. • Meeting agenda(s) in Microsoft Word format—delivered to the CITY one(1)business day before scheduled meeting • Sign-in sheet(s) in Microsoft Word or Excel format—delivered to the CITY at the scheduled meeting • Draft record of ineeting in Microsoft Word format—delivered to the CITY three(3)business days after scheduled meeting • Final record of ineeting in Microsoft Word format—delivered to the CITY three (3)business days after comments received from CITY City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 6 of 25 • Monthly invoices with progress reports-delivered to the CITY monthly • Preliminary project schedule in Microsoft Project format-delivered to the CIT'Y four (4) weeks after NTP date • The project schedule will be reviewed and updated, if necessary, every month TASK 2.0 SURVEYING AND BASE MAP The following items are to be performed by the CONSULTANT,under this task. Assumption(s) • The survey for this project has been completed by another consultant. The approximate limits of the completed survey are shown in Figure 1. It is assumed that a base map for the project has been prepared, or will be completed, and that this map will show the following information. - Project datum: Horizontal-NAD 83/91, Vertical-NAVD 88 - The base map is a 1"=20' topographic base map and digital terrain model (DTM) of the surface features within the survey limits described above. • The topographic base map and DTM shall be in AutoCAD format as specified in Exhibit C. • The base map provides 1-foot contour lines. • Topographic base map includes data points to establish the following. - Location of the existing bridge and associated amenities, including wing walls, curbs, and guardrail at approaches - Street amenities, including paved surface limits, signs, lane markings (if any) and monitoring well head(s) - Utilities, including utility poles and storm structures (beehive), and drainage ditches (as applicable), with the exception of overhead utilities(PSE power, Comcast, and CenturyLink communications), and a starmwater outfall (beehive) located approximately 25 feet north of the northwest corner of the bridge, the CITY has determined that there are no other utilities located within the project footprint. - General vegetation limits and significant trees, defined as taller than 15 feet with a trunk diameter of 6 inches or greater(note type of tree if known) - Stream channel features, including thalweg, top and toe of slopes, ordinary high water mark(flagged by others), large woody debris, large boulders and limits of rip rap - Sensitive areas, including wetland and wetland buffers (flagged by others) City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 7 of 25 — All other surface features within the survey limits necessary to design the project • Topographic base map includes data points to determine the existing pavement surface elevations within the survey limits. Profiles of the existing street surface will be surveyed along the edge of pavement and pavement crown. These points will be surveyed at intervals of 10-foot minimum and/or 25-foot maximum. • It is assumed that the field survey work included cross sections of Nartheast 31 st Street and May Creek stream channel within the survey limits shown in Figure 1. • Street cross section intervals will be spaced at a minimum of 10 feet and maximum of 25 feet. • At a minimum, the street cross sections shall include collection of data points at pavement crown, edge of pavement, edge of shoulders (as applicable), face of guardrail (as applicable), drainage ditches (as applicable), and approximate edges of ROW. • Stream cross section intervals will be spaced at a minimum of 10 feet and maximum of 15 feet. • At a minimum, the stream cross sections shall include collection of data points at the center and edges of the creek thalweg, toe of channel slopes, ordinary high water mark(flagged by others), top of channel slopes,base of bridge abutment walls and center pier. • 'The base map includes ROW boundaries within the limits shown in Figure 1. l�� ` . "�«a 1,�r+'"�� ,.�:� � , „ ' +�"; "�+c'`� �� - � .� �.. .� ,R�.. ' .My . ��v�. ��A �¢ . ��@p""Y �a4.. ��=�a s` �� LL �` , rz� 7k *, . �, ' ... . .� Ra ��: . . _... �"� . t � � ^4x�-�L�.d...i`..."��,�� •�... W� . A ,_ ,. „� . . � . _ .,� . �. . ... �' ' ,. , '. � ' `' � ' �, ._ �� .. �:.� �.. ,t .. . �;r��. . !� ��5.... �q� # .{� .r 4 � �' ,.�v . � •��. * � . p _ 'i �� ` . -'.y`.. .• x� i . ..�' "�'�,`. . ✓��: . l�' ..Y ' � '� µ� � �,.� ry, ��M�� ' _ w �,` �. , a �. �' ' .,� � � � �� :�, -, �;,�* `� _ �,:x .�.��:�.�_ - - - �� Figure 1 City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 8 of 25 Subtask 2.1 Field Verify Base Map The CONSULTANT shall visually inspect the site and compare the preliminary base map to observed features at the site. Area of concern will be noted and provided to the CITY. For the purpose of this scope of work, it is assumed that any areas of concern will be minor and will not affect the completion of this scope of work. Subtask 2.2 Additional Survey At the conclusion of Phase 1, the CONSULTANT shall provide recommendations for additional survey to be completed in a subsequent project design phase. These services, if required, will be provided as a supplemental service and would be performed when setting survey control for construction as described below. Deliverable(s) At the conclusion of this scope of work, if required, the CONSULTANT shall provide a brief memorandum recommending additional survey information to be obtained prior to completing the design of the project. This memorandum will be prepared in accordance with the schedule to be developed under Subtask 1.4. Otherwise, there is no deliverable for this Task. Subtask 2.3 Survey Control for Construction The CONSULTANT shall provide survey control for construction of the project. This work will be performed at the conclusion of Phase 1. Deliverable(s) Survey control will be added to the base map and design drawings. TASK 3.0 PRELIMINARY HYDRAULIC ANALYSIS Watershed Science&Engineering(WSE)will provide hydraulic engineering services for the Northeast 31st Street bridge replacement project. Specific tasks to be completed by WSE are described below. WSE will complete Subtasks 3.1 through 3.7 in eight weeks following NTP. The schedule for the remaining tasks is not controlled by WSE;therefore, their schedule will be determined by others. Subtask 3.1 Data Collection and Review WSE will collect and review existing data and information required to complete the investigation. This may include existing bridge plans; stream channel and road survey data; LiDAR data;bridge inspection/maintenance records; stream flow discharge records for May Creek and/or neighboring gaged streams; current and historical aerial photographs; scour evaluation report; and anecdotal infarmation on past flood events. A hydraulic investigation was started for this site by a previous consultant working for the CITY. The consultant's data will be provided to WSE for review and, to the extent possible, for use in the hydraulic design investigation. Deliverable(s) None. Any data collected will be incorporated into the hydraulic report if appropriate. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 9 of 25 Subtask 3.2 Site Visit A WSE principal and staff engineer will travel to the project site to examine the characteristics of May Creek and how it interacts with the existing road and bridge. They will examine channel and floodplain geomorphic characteristics; lateral migration and erosion activity; local scour; large woody loading and debris transport potential; stream bed sediment characteristics; and existing aquatic habitat features in the vicinity of the bridge. Deliverable(s) None. Any data collected will be incarporated into the hydraulic report if appropriate. Subtask 3.3 Channel Survey It is assumed that road and stream channel surveys have been completed and will be provided to WSE. If upon review of the data, WSE determines that additional surveys are needed,WSE will discuss the need with CONSULTANT and the CITY. Deliverable(s) Recommendations for additional survey if required. Subtask 3.4 Hydrology The plan at this time is that design flows will be based on the Federal Emergency Management Agency (FEMA), Flood Insurance Study for King County, Washington and Incorporated Areas, revised Apri119, 2005. WSE will check the flows to determine if they need to be adjusted to reflect changes in the flood frequency curve resulting from annual peaks observed in May Creek after 2005. This will be accomplished by review gaging records far May Creek and/or neighboring similar streams. The 100-year flood is the design event for the bridge, while the 200-year event will be used to compute maximum scour depths estimates. Deliverable(s) None. The results of this task will be incorporated in the scour analysis and summarized in the hydraulic report. Subtask 3.5 Hydraulic Analysis WSE will develop an HEC-RAS model of the stream in the vicinity of the bridge. The model will be calibrated using observed highwater marks if they are available. If highwater marks are not available, engineering judgment will be used to refine the accuracy of the model. The model will be used to determine water surface elevations and velocities for both the existing and proposed crossings. The proposed project must minimize impacts to the 100-year water surface elevations, possibly to the point of zero-rise. If the proposed crossing results in an unacceptable rise, WSE will work with CONSULTANT and the CITY to modify the design to minimize or eliminate impacts. The HEC-RAS model will also be used to provide the data needed to assess lateral erosion potential, estimate maximum scour depths for the 200-year flood, and if necessary provide data required to design erosion/scour countermeasures. � City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 10 of 25 Should analysis show that a new bridge causes changes to the May Creek floodplain, a Conditional Letter of Map Revision (CLOMR) and/ar Letter of Map Revision (LOMR) may need to be prepared to modify the Flood Insurance Rate Map (FIRM.) The work associated with this effort is not included in this scope of wark,but will be provided as a supplemental service if required. Deliverable(s) None. The results of this task will be summarized in the hydraulic report. Subtask 3.6 Geomorphic Assessment Washington State Department of Fish and Wildlife (WDFW) will require the design team to examine the geomorphic character of the existing stream channel to determine if the existing crossing has adversely impacted stream processes and, therefore,habitat quality. If it has adversely impacted habitat, WSE will need to demonstrate how the new crossing will eliminate or mitigate (to an acceptable level) these impacts. To complete the geomorphic assessment, WSE will examine the topographic data, sediment characteristics, and existing bank and bed conditions to determine whether the existing crossing significantly limits the stream's ability to shift laterally, or has affected the stability of the stream's longitudinal profile. If the crossing has adversely influenced natural geomorphic processes,WSE will work with CONSULANT, Widener&Associates (the environmental lead for the project) and the CITY to determine how to modify the crossing design to mitigate unacceptable impacts. Deliverable(s) None. The results of this task will be summarized in the hydraulic report. Additional support for permitting activities will be provided as described in Subtask 3.10. Subtask 3.7 Scour/Erosion Assessment and Protection Concepts For the proposed bridge,maximum scour depth estimates will be computed for the 200-year flood. These estimates will be provided to the design engineers for consideration in the design of the foundations for the bridge abutments. If countermeasures are required to prevent scour ar erosion, WSE will work with CONSULTANT, Widener&Associates, and the CITY to develop an acceptable protection concept. Deliverable(s) None. The results of this task will be summarized in the hydraulic report. Additional support for permitting activities will be provided as described in Subtask 3.10. Subtask 3.8 Meetings An allowance is provided for WSE to participate in the following meetings. • Two face-to-face design meetings with CONSULTANT in their Seattle office. • Up to three meetings with the CITY and/or Widener&Associates. These may include the project kick-off ineeting, an on-site project design coordination meeting, and an on-site permit/environmental review meeting lead by Widener&Associates. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 11 of 25 Deliverable(s) None. WSE will provide review and comment on meeting minutes if requested. Subtask 3.9 Hydraulic Report The results of the hydraulic engineering investigation will be summarized in a hydraulic report. The draft report will be provided to CONSULTANT and the CIT'Y for review and comment. WSE will address the review comments, prepare, and submit the final report. Note-The report will contain a brief write-up that will state the bridge will be "Not Scour Critical" if it is built according to proposed plans. Once it is built and if it is constructed as planned, the CITY will have the documentation they need to assign the bridge an NBIS Item 113 Scour Code of"8," which means the bridge foundations are stable for the assessed scour condition. Deliverable(s) Draft and final hydraulic report summarizing all work and recommendations for design of the project. Two (2) compact disks with Preliminary Bridge Hydraulic Report in pdf format. Subtask 3.10 Permitting Support WSE will support Widener&Associates by providing relevant materials for permit applications and in answering hydraulic related questions agency personnel may have. Deliverable(s) WSE will provide written response to regulatory agency questions as requested. It is assumed that these responses can be developed based on the work described in this Task 3 and will not require additional work not included in the scope of this Task 3. The results of this task will be summarized in the hydraulic report. Subtask 3.11 Design Reviews WSE will be available to review 60 percent, 90 percent, and final design drawings of proposed scour and erosion countermeasures and any other stream related project elements. Deliverable(s) WSE will review design drawings developed by CONSULTANT to verify consistency with the recommendations contained in the hydraulic report. WSE will provide written comments where required and update hydraulic design recommendation, if required, in the final hydraulic report. � Subtask 3.12 Administration WSE will maintain effective communication with CONSULTANT as needed to maintain progress in the technical work and discuss any issues potentially affecting scope or budget. WSE will prepare and submit monthly invoices that include a brief progress report. Deliverable(s) Monthly invoices and progress reports. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington ExhiUit A Page 12 of 25 TASK 4.0 PRELIMINARY PLANS AND COST ESTIMATE The following items are to be performed by the CONSULTANT, under this task. Assumption(s) • The budget shown in Exhibit D assumes the CITY will provide existing project plans that were developed by another consultant. It is assumed that these plans will be significantly revised. • The CITY will provide the standard CAD sheet border and title block information to be utilized on the plan sheets for this project. • The list of proposed sheets to be included in the complete set of plans for the project is shown under Exhibit D.2, along with those sheets to be included in the 30 percent submittal. • Bridge Design Assumptions-In addition to the recommendations outlined in the CITY's memo titled NE 31st St Bridge Replacement Project Inforriiation, dated July 21, 2015 (included as Exhibit K), the following design assumptions have been made. — The bridge will be checked for Notional Rating Load (NRL) vehicles. — This is not a critical structure for calculation of importance factors. — No provision for lighting,utilities, conduits, or future incorporation of these items will be provided in the design of the bridge. • All storm drainage design for this project will be in accordance with the City of Renton amendments to the 2009 King County Surface Water Design Manual. • The total amount of new impervious area is assumed to be less than 5,000 square feet. Therefore, it is anticipated that no stormwater detention or water quality treatment will be required. • The CITY will provide one set of consolidated review comments for each submittal. Subtask 4.1 Confirmation of Preliminary Bridge Design Assumptions CONSULTANT will verify the CITY's recommendations for the design and configuration of the new bridge, as outlined in the memo titled NE 31st St Bridge Re�lacement Project In formation, dated July 21, 2015. The specific areas to verify are induded in the list below. • Locate and orient proposed bridge to verify that all permanent improvements (e.g., bridge, roadway approaches, including guardrail and end terminals) are located within the existing ROW. Additional considerations for proposed bridge location and orientation include stream channel grading (minimize), stream channel opening (maximize), and scour at abutments (minimize risk). If the proposed bridge cannot fit within existing ROW, discuss with CITY staff. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 13 of 25 • Review the project layout with respect to construction and environmental issues, specifically with respect to the location of the proposed sheet pile scour protection with respect to existing rip-rap. Review and recommend alternate bridge lengths and structure types that may reduce construction risks associated with encountering existing rip-rap during installation of the sheet pile scour protection. The CONSULTANT will conduct a coordination meeting with the CITY and the CITY's environmental consultant to review the outcome of the CONSULTANT's review of the current bridge design, and determine if a revised layout is required. The CONSULTANT will prepare and present recommendations at this meeting. Meeting shall be approximately 2 hours in duration and shall be attended by an average of five CONSULTANT team members, including three of the CONSULTANT's project management and/or project engineering staff and two other consultant discipline specialists for bridge design, geotechnical, hydraulics, ROW, etc., as required. Subtask 4.2 Civil Design 30 Percent Plans CONSULTANT will develop the 30 percent civil design plan listed below. The purpose of these sheets as part of the 30 percent submittal is to develop the design to a point where all environmental impacts are identified in order to begin the environmental permitting process. , Below is a description of the information to be included on each sheet. • Cover- Includes a vicinity map of the project location and sheet index. • Right-of-Way Plan-Includes two (2) plan views. The first will be of the project location showing the ROW limits and any recorded easements in the vicinity of the project site, and the proposed temporary construction easement limits. The second will be of the parcel with the private driveway to be utilized as temporary access for the residents. • Site Preparation and TESC Plan—Includes demolition and construction limits. Shows erosion control features to be installed for construction. • Construction Staging Plan—Includes step-by-step process for constructing this project. This plan will account for the lack of access to the site from the east side of the bridge after the street is closed and existing bridge is demolished. • Temporary Stream Bypass Plan and Details—Includes location and type of stream bypass. The CITY's environmental consultant has confirmed that all in water work must be isolated from the water and construction of a stream bypass will be allowed in the project permits, but is not required if there is another method of isolating in-water construction from the stream. • Grading Plan—Includes all excavation for the project, including roadway and stream channel, as applicable. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 14 of 25 • Stream Channel Enhancement Plan-Includes plan view of stream channel showing contours of channel after construction is complete. Placement areas for large rock and stream bed materials and restoration areas for vegetation shall be determined in consultation with the CITY's environmental consultant and based on restoration design and details to be provided by the CITY's environmental consultant. • Roadway Plan and Profile-Includes plan and profile views of proposed roadway improvements along with horizontal and vertical roadway alignments. • Typical Roadway Sections-Includes three typical roadway sections, one at each bridge approach and if necessary, one for the bridge. Subtask 4.3 Structural Design 30 Percent Plans CONSULTANT will develop the 30 percent structural design plan sheets listed below. The purpose of these sheets as part of the 30 percent submittal is to develop the bridge design to a point where the type, size, and location of the new bridge is established. All geometry should be understood once complete. No detailing is expected at this stage of design. Below is a description of the information to be included on each sheet. • Bridge Plan and Profile-Includes a bridge plan view and bridge elevation view. • Foundation Plan-Includes a bridge foundation plan showing round pile locations and associated numbering. Includes sheet pile locations for scour protection. • Abutment 1 Plan and Elevation-Includes a plan view and elevation view of the abutment. For this submittal, the purpose is to establish the geometry and dimensions. • Abuttnent 2 Plan and Elevation-Includes a plan view and elevation view of the abutment. For this submittal the purpose is to establish the geometry and dimensions. • Girder Framing Plan and Typical Section-Includes the girder layout and numbering along with a typical bridge section. Subtask 4.4 Preliminary Bid Item List and 30 percent Cost Estimate CONSULTANT will prepare a preliminary list of bid items and associated quantities. Also, CONSULTANT will prepare an Engineer's Opinion of Probable Cost(cost estimate) for 30 percent, applying an appropriate unit cost to each bid item quantity and include an appropriate contingency to the sum total. Subtask 4.5 Quality Assurance/Quality Control Preliminary Design Phase Deliverables CONSULTANT will perform an independent technical review of preliminary design phase deliverables, including 30 percent plans,preliminary bid item list and 30 percent cost estimate, preliminary hydraulic report, preliminary geotechnical report, and PFE. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 15 of 25 CONSULTANT will perform a constructability review of 30 percent plans with an emphasis on construction staging. Comments from reviewer and responses from designer will be summarized, as applicable. Subtask 4.6 Preliminary Stormwater Design Memorandum The following information will be summarized in a draft preliminary stormwater design memorandum. • Total existing and new impervious areas within the project footprint to determine net increase or decrease. • Total existing and new pervious area within the project footprint to determined new increase or decrease. • Thresholds for detention and water quality design and determination regarding this project meeting or exceeding thresholds. • Describe the existing drainage system(s) and drainage basin(s) for the project area. • Recommend drainage conveyance improvements for the project, as necessary. • CITY comments will be incorporated into the preliminary stormwater design memorandum. Deliverable(s) The following deliverables and delivery times are included in Task 4. • Meeting handouts and meeting minutes for the meeting described in Subtask 4.1. • Written confirmation of preliminary bridge design assumptions in the form of an e-mail or design memo- delivered to the CIT'Y within two(2) weeks after completion of the meeting described in Subtask 4.1 • Two (2) compact disks with the 30 percent plans (11x17 sheets), preliminary bid item list, 30 percent cost estimate, and summary of independent technical review comments and responses in pdf format—delivered to the CITY within 10 weeks after NTP date. • Two (2) compact disks with draft preliminary stormwater design memorandum in pdf format- delivered to the CITY within six (6) weeks after NTP date. • Two (2) compact disks with final stormwater design memorandum in pdf format— delivered to the CITY within four(4) weeks after receiving CIT'Y review comments on draft report. TASK 5.0 GEOTECHNICAL SERVICES The following items are to be performed by the subconsultant, PanGEO Engineers, Inc.,under this task. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 16 of 25 Assumption(s) • The budget shown in Exhibit E-1 assumes the work already completed by the CITY's geotechnical consultant for this project is still applicable to any revisions to the bridge design that may be required as described in Subtask 4.1. � CITY will furnish CONSULTANT with existing geotechnical data. It is assumed that existing geotechnical data is sufficient to develop design parameters to support the preliminary design. • The existing subsurface information for the Northeast 31st Street Bridge is sufficient for the tasks listed below. Borings and field explorations are not included for this phase of work. If additional field explorations are deemed necessary based on the outcomes of the work, they will be completed under a supplemental scope of work. Alternately additional borings and/or a test pile program may be included in the specifications for construction of the project and the foundation design modified, if necessary,by change order during construction. • No environmental evaluations, including assessment of the potential presence and location of hazardous materials or wetlands, are included in this scope. Subtask 5.1 Review Final Plans and Specifications PanGEO will review and comment on final design plans and specifications provided by BergerABAM to ensure consistency with the recommendations in the draft geotechnical report. Subtask 5.2 Prepare Final Geotechnical Report PanGEO will coordinate final design details and conform final recommendations in a draft final design geotechnical report. A signed and sealed final design geotechnical report will be provided after review and comment by CONSULTANT and CITY. Deliverable(s) The following deliverables and delivery times are included in Task 5. • Monthly invoices with progress reports-delivered to the CONSULTANT monthly • Final Design Geotechnical Report in pdf format-Delivered to the CONSULTANT within two (2) weeks after the CITY draft report comments are received and comment resolution is complete. City of Renton BergerABAM,P16.0060.00 Nartheast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 17 of 25 TASK 6.0 RIGHT-OF-WAY SERVICES Right-of-way (ROW) services will be provided by the subconsultant, Universal Field Services (UFS.) The services to be provided are described in the attached scope of work provided by UFS. This scope of work assumes the construction of this project will require the acquisition of a Temparary Construction Easement(TCE) from two (2) separate tax parcels as described below. Additional assumption s are provided with the attached scope of work. The first parcel is owned by King County Parks (Parcel Number 3342103380). It is anticipated that the permanent improvements will reside entirely within existing ROW. However, the demolition of the existing bridge and some activities for construction of the new bridge will require temporary access to the parcel. Therefore, temporary rights need to be secured from the parcel. King County may agree/prefer to issue a construction permit for this work. However, WSDOT/FHWA may request/require that a TCE be acquired. Therefore, the estimated level of effort is based on the assumption that a TCE will be obtained. T'he second parcel is private property owned by a resident(Parcel Number 3345100070). No construction activities will occur on or near the parcel. However, the project, as currently planned, will require a complete street closure for approximately two (2) months. In order to close the street, a detour route needs to be established for residents to access their properties. Since Northeast 31st Street is the only public access to these properties, an alternative route must be provided for. This parcel has an existing driveway that connects Northeast 31st Street with Northeast 33rd Street and represents the only viable route for access. The CONSULTANT will track the cost of these services under two different subtasks, as described below, and invoice the amounts separately. Subtask 6.1 Design Phase Services for Right-of-Way Items A through E in the attached scope of work will be accomplished with federally authorized funding for design. Subtask 6.2 ROW Phase Services for Right-of-Way Items F through I in the attached scope of wark will be accomplished with federally authorized funding for right-of-way acquisition. TASK 7.0 ENVIRONMENTAL DOCUMENTATION AND PERMITTING Environmental documentation and permitting services for this project are being provided by Widener&Associates under a separate agreement with the CIT'Y. Environmental constraints will influence the design of the project and Widener will require information and exhibits describing project features and actions from the project design team. The following describes the anticipated coordination effort required to support this activity. Subtask 7.1 Coordination Meetings The CONSULTANT shall schedule and facilitate two (2) meetings with the CITY's environmental consultant to identify and confirm the basic design and construction features of . City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 18 of 25 the project. It is assumed the project configuration currently contemplated will not need to be significantly altered in order to facilitate regulatory approval. Subtask 7.2 Exhibits and Information The CONSULTANT shall provide the exhibits and information required to complete a JARI'A application. This infarmation shall be developed in consultation with the CITY's environmental consultant and submitted to the CITY for review and subsequent use by the CITY's environmental consultant. The specific exhibits required have not yet been identified. The level of effort required for preparing these exhibits is allowance that was arrived at in consultation with the CI'TY's environmental consultant and is based on previous experience with similar projects. TASK 8.0 FINAL PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) Submittals CONSULTANT will prepare the PS&E and project-specific technical special provisions (Divisions 2 through 9.) It is assumed that the CIT'Y will assemble the remainder of the construction contract. The submittal deliverables are as follows. • 60 Percent Submittal-The draft permitting/30 percent submittal shall be revised and resubmitted to the CITY for review and approval if necessary. • 90 Percent Submittal- This submittal will have all important details needed to construct the project, identify all anticipated pay items, and provide outline specifications (one half-size set of plans, construction cost estimate, and project special provisions). This submittal shall incorporate CITY comments on the 60 percent submittal and shall represent a complete draft of the construction contract. • 100 Percent Submittal-This submittal shall incorporate CITY comments on the 90 percent submittal and is intended for final review by WSDOT to obligate construction funds for the project. • Ad Ready Submittal-This submittal will incorporate WSDOT and CITY comments on the 100 percent submittal and is intended for Ad (one half-size and one full-size set of plans, construction cost estimate, and project special provisions for Divisions 2 through 9). Subtask 8.1 Roadway Design and Drawings Roadway design and drawings will be produced by CONSULTANT. The profile and alignment of the roadway will be per recommendations of the NE 31st St Bridge Replacement Project Information, dated July 21, 2015, City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 19 of 25 Roadway Drawings CONSULTANT will complete final contract drawings indicated in the list of roadway drawings provided in the attached fee estimate. Roadway Specifications The WSDOT Standard Specifications for Road, Bridge, and Municipal Construction(2016) will be the standard specifications for the work. CONSULTANT will prepare the project-specific special provisions required for the construction of the roadway improvements. Roadway Quantities and Construction Cost Estimate A list of bid items will be prepared, conforming to the WSDOT standard bid item table. Quantities and unit prices will be estimated for each bid item. Unit prices will be estimated based on the CITY's recent bid experience with similar projects, WSDOT unit bid analysis, contractor inquiries, and Means construction estimating manuals. Subtask 8.2 Bridge Design and Drawings The bridge design and drawings will be produced by CONSULTANT. The bridge type and size will be similar to that outlined in the recommendations of the NE 31st St Bridge Replacement Project Information, dated July 21, 2015. Substructure Design Calculations A seismic analysis of the bridge will be performed. Stability analysis and design of the abutments and foundations will be performed for both static and seismic farces. Superstructure Design Calculations Calculations will be completed and designs will be prepared for an assumed single-span bridge, determined at the end of the type and size study. Bridge Drawings CONSULTANT will complete the final contract drawings indicated in the list of bridge drawings provided in E�chibit D. Bridge Specifications WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (2016) will be the standard specifications for the work. CONSULTANT will prepare the project specific special provisions required for construction of the bridge. Bridge Quantities and Construction Cost Estimate A list of bid items will be prepared, conforming to the WSDOT standard item table. Each bid item will have a description, measurement unit, and payment description somewhere in the specifications. Quantities and unit prices will be estimated for each bid item. Unit prices will be estimated from recent bid experience with similar projects,WSDOT unit bid analysis, contractor inquiries, and Means construction estimating manuals. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 20 of 25 TASK 9.0 AD, BID, AND AWARD SERVICES The CONSULTANT will support the CITY during the bidding of the project. The following describes the anticipated coordination effort required to support this activity. Subtask 9.1 Coordination Meetings The CONSULTANT shall schedule and facilitate two (2) meetings with the CITY's environmental consultant to discuss potential responses to contractor questions that are related to environmental commitments and restrictions contained in the permits for the project. Subtask 9.2 Responses to Contractor Inquires The CONSULTANT shall provide written responses to contractor questions when requested by the CITY. It is assumed that up to 20 responses may be required. Subtask 9.3 Addenda The CONSULTANT shall assist in the preparation of one(1) addendum to the contract. It is assumed that this addendum may require clarifications to special provisions and/or minor changes to up to six project design drawings. City of Renton BergerABAM,P16.0060.00 Northeast 31st Street Bridge Replacement May 2016 Renton,Washington Exhibit A Page 21 of 25 March 16,2016 ux=vsxs�cr, Scope of Work �� Right of Way Services NE 31 Street Bridge Replacement Project It is assumed federal funds will be participating in the project including the Right of Way phase, therefore Universal Field Services,Inc.(UFS)will complete all Right of Way services in accordance with the City of Renton's (CITY) Washington State Department of Transportation's (WSDOT) approved Right of Way Acquisition Procedures, the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act (URA), WSDOT Local Agency Guidelines — Section 25 (Right of Way Procedures), and the Washington Administrative Code (WAC 468-100) state Uniform Relocation Assistance and Real Property Acquisition. This scope of work is based on the five items listed below and assumptions made.The number of tax parcels and the real property rights required from each are shown in Table A below.Additional parcels or real property rights and services required other than those described herein will require an amendment to this scope of work and related fee estimate. This scope of work is based on the following: 1.) Discussions with City and Berger Abam 3.)Tour of the project limits 4.) Review of limited public on-line information (mapping/ownership information) 5.) ROW Plans or Exhibits have not been provided Work Elements: A. Preparation and Administration - Discuss, strategize and plan overall process with CITY and Berger. Attend project kickoff and up to four (4) progress meetings — CITY office. Progress meetings can be facilitated by conference calling if preferred. Provide up to six (6) monthly progress reports indicating the work completed for the invoiced month and identify issues requiring the CITY's or Berger's input or assistance. UFS will provide sample acquisition documents for the CITY's review and approval for use. The CITY's pre-approved forms and documents will be used when provided. When appropriate, prepare parcel files to include fair offer letters, recording and ancillary documents,a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. Deliverables: • Attend Project Kickoff Meeting—CITY office • Attend four(4) Progress Meetings—CITY office • Provide six(6) Monthly Progress Reports • Coordinate CITY approval of Acquisition documents and forms for project use • Prepare parcel acquisition files for negotiations B. Title/Ownership Review—Since the real property rights assumed to be required for this project are limited to Temporary Construction Easements(TCE), UFS does not require title reports for its use. However, since title reports are being obtained by Berger for base mapping and design purposes, UFS will review each to confirm ownership information. In-lieu oftitle reports, UFS can alternatively rely on last deeds of conveyance from the King County's assessor's records for ownership and signatory authority. 1 March 16,2016 Deliverable: • Review two title reports to be provided by Berger. • Obtain Last Deed of Conveyance for parcels requiring TCE only. C. Project Funding Estimate—UFS will sub-contract and manage completion of the Project Funding Estimate(PFE)with our WSDOT approved project appraiser.Generally,the PFE is a tool to be used for confirming estimated Right of Way costs and primarily for consideration of utilizing the Appraisal Waiver process when the estimated amount of just compensation to property owners is at or below the CITY's WSDOT approved Appraisal Waiver limit and when the acquisition is uncomplicated. The PFE will be prepared in accordance with the CITY's WSDOT approved Right of Way Acquisition procedures, and WSDOT's Local Agency Guidelines —Section 25 (Right of Way Procedures). As part of the PFE, individual parcel worksheets will be prepared to estimate the amount of just compensation using comparable sales data and information obtained from project Right of Way plans. Estimated amounts of just compensation from each parcel worksheet will be entered into a project summary worksheet to include other items of right of way related costs for review and use by the CITY. Based on the information obtained to date, the two (2) separate tax parcels as shown in Table A below may be impacted by the project. It is assumed both parcels will qualify for the Appraisal Waiver process,whereas Appraisal and Appraisal review reports will not be required. In the event Appraisals are required, an amendment to this scope of work and related fee estimate will be required. Upon completion of the PFE, UFS will coordinate with the CITY and submit to WSDOT for review. Assumptions: • Parcels impacted will qualify for the Appraisal Waiver Process. • All properties are clean of hazardous materials. • Septic system modification or replacement is excluded. • Estimates for curing temporary changes in access are excluded. Deliverables: • Project Funding Estimate (PFE) to include two (2) separate tax parcels. D. Relocation Plan—There are no occupants or personal property displaced by the project,therefore a Relocation Plan or related Relocation Assistance services are required. Assumptions: • There are no occupants or personal property displaced by the project. Deliverable: N/A—For informational purposes only. E. FHWA Funds Authorization for ROW—Shortly after the Right of Way Plans and the PFE have been submitted to WSDOT, and assuming NEPA clearance has been obtained,the CITY would typically receive a letter(obligation of funds)from FHWA through WSDOT Local Programs authorizing the use of federal funds to acquire Right of Way. This letter of authorization is required in order for the CITY to receive federal funding reimbursement and to with making offers. 2 March 16,2016 Deliverable: N/A- For informational purposes only. F. Appraisal&Appraisal Review—As stated in Task C above, both parcels impacted are assumed to qualify for the Appraisal Waiver process. In lieu-of Appraisals, AOS worksheets will be prepared as the basis for making offers to property owners per WSDOT LAG Manual —Section 25 (Right of Way Procedures). Offers based on AOS worksheets are considered Administrative offers. The City will be required to sign and approve each AOS worksheet establishing the amounts of just compensation prior to making offers to property owners. Assumptions: • Appraisal and Appraisal Review reports not required. Deliverables: • Administrative Offer Summary (AOS)worksheets(2 each) G. Acquisition Negotiation — Upon written approval from the CITY establishing the amount of just compensation (Task F above), UFS will prepare the offer package(s) and promptly present offers to purchase all required real property interests and negotiate in good faith to reach a settlement with each property owner(s).Offers will be presented in person when at all possible. Offers based on AOS worksheets are considered Administrative offers. Note: Administrative Offers - For offers exceeding $10,000 and less than $25,000, property owners must be informed if the offer is not based on an Appraisal and that one will be prepared if requested. If the property owner elects, an appraisal report together with a corresponding appraisal review report must be completed and a revised offer considered. This repuirement may have an impact on the approved ripht of way budpet and proiect schedule. Negotiations will be conducted in accordance with statutory and regulatory requirements and will include: Coordinate administrative settlement approvals with the CITY; Prepare and maintain parcel files to include fair offer letters, acquisition documents,a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. Since the acquisition of real property rights is limited to Temporary Construction Easements only, it is assumed no title clearing or escrow services will be necessary. Negotiations shall not be deemed to have failed until at least four significant meaningful contacts have been made and documented with each owner and/or their representative through direct personal contacts. Out-of-area owner(s) will be contacted by telephone and by certified mail. If negotiations reach an impasse, UFS will provide the CITY with written notification. The filing and cost of condemnation proceedings shall be the responsibility of the CITY. Assumptions: • It is assumed no title clearing or escrow services will be necessary. • Up to four(4) significant meaningful contacts will be made with each property owner Deliverables: • Acquisition Negotiation services with owners the separate tax parcels as shown in Table A below. • Completed parcel files including necessary records of all Right of Way Acquisition services. 3 March 16,2016 H. Parcel Closeout — Escrow Closing - Upon securing required acquisition agreements, UFS will submit signed acquisition documents with payment instructions to the CITY. It is assumed no title clearing or escrow services will be necessary. Deliverable: • Deliver completed original Acquisition files to the City I. Right-of-Way Certification—Right of Way Certification will be coordinated and completed through WSDOT. UFS will complete the appropriate ROW Certification document for the City's signature and delivery to WSDOT. UFS will further coordinate right of way activities with WSDOT's Local Agency Coordinator as needed throughout the project. Assumptions: • City to deliver to WSDOT the ROW Certification request letter. Deliverables: • ROW Certification document for the City's signature and delivery to WSDOT CITY/ Ber�er will provide the followin�: 1. Preliminary Commitments(Title Reports)for all parcels shown in Table A below. 2. Right of Way Plans and Drawings, Maps, Exhibits, Right of Way Staking, etc., as necessary. 3. Legal descriptions in electronic format for all real property rights to be acquired. 4. Form approval, in electronic format, of all legal conveyance documents prior to use (i.e. offer letters, purchase and sale agreements, easements, deeds, leases and permits). 5. Review and approval of all determinations of value, established by the project appraiser, and provide written authorization prior to offers being made to property owners. 6. Payment of any and all compensation payments to property owners,recording fees, legal services and any incidental costs which may arise necessary to complete each transaction. TABLE A Parce) Data Real Property Rights to Acquire a, � Q o v � *� n +, � �, -� c L� � � � � L � r � No. Tax Parcel No. Owner/Taxpayer a�, � � c � o Z N V1 L.L Q G1 a..� � v � V � � v � a w Q w ` L � \� � � / d L r 1 334510-0070 Falaniko, Rose and Frank X AOS 2 334210-3380 King County- Parks X AOS Notes: 1) AOS (Administrative Offer Summary) worksheet i 4 Exhibit B DBE Participation Not applicable. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit B Page 1 of 1 aP��p��ni3ni�n�a Exhibit C Preparation and Delivery of E/ectronic 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 Standard: City of Renton Survey Control Network and Standards, 2000 Format: Autodesk, AutoCAD Civi13D, Note: Consultant's version shall be compatible with City of Renton's version, at the time of submission of deliverables. For 2015, City of Renton version is AutoCAD Civi13D 2015. Transmission: Compact Disk, DVD and/or Flash Drive B. Roadway Design Files Standard: Washington State Department of Transportation, Local Agency Guidelines, December 2015 Format: Autodesk, AutoCAD Civil 3D, Note: Consultant's version shall be compatible with City of Renton's version, at the time of submission of deliverables. For 2015, City of Renton version is AutoCAD Civil 3D 2015. Adobe pdf for plan sheets and/or roll plots. Transmission: Compact Disk, DVD andlor Flash Drive C. Computer Aided Drafting Files Standard: City of Renton Drafting Standards for Road, Bridge and Municipal Construction, 2004 Format: Autodesk, AutoCAD Civil 3D, Note: Consultant's version shall be compatible with City of Renton's version, at the time of submission of deliverables. For 2015, City of Renton version is AutoCAD Civi13D 2015. Use sheet border and title block as provided by the City of Renton. Transmission: Compact Disk, DVD and/or Flash Drive Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Rp�;�Pd�ni�ni�n�,a D. Specify the Agency's Right to Review Product with the Consultant Agency retains the right to review all deliverables listed in the Scope of Work as shown in Exhibit A. E. Specify the Electronic Deliverables to Be Provided to the Agency See Exhibit A. F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 RP�►�p��ni�ni�n�d IL Any Other Electronic Files to Be Provided See Exhibit A. IIL Methods to Electronically Exchange Data E-mail, Compact Disk, DVD and/or Flash Drive WSDOT Form 140-089 EF Exhibit C Page 3 of 4 RP��p��ni3niama A. Agency Software Suite Compatible with Microsoft Windows 7, Microsoft Office 2010 B. Electronic Messaging System Compatible with Microsoft Office Outlook 2010 C. File Transfers Format Compatible with Adobe pdf, ZIP files, Microsoft Office: Word(2010), Excel (2010), Project(2010), PowerPoint (2010), Publisher(2010) WSDOT Form 140-089 EF Exhibit C Page 4 of 4 RP��p��ni�ni�md Exhibit D Prime Consultant Cost Computations See Exhibit D, attached. AgreementNumber: CAG-15-207 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 RP�►�p��ni�ni�n�d EXHIBIT D-1 - CONSULTANT FEE DETERMINATION Summary Sheet CITY OF RENTON - NE 31ST STREET BRIDGE REPLACEMENT 5/12/2016 DIRECT SALARY COSTS(DSC) Personnel Hours Rate Cost 1 Project Manager 108 X $77.88 = $ 8,411 2 Project Engineer 397 X $53.13 = $ 21,091 3 Structural Engineer 444 X $41.97 = $ 18,635 4 Civil Engineer 294 X $35.34 = $ 10,390 5 Graphics/CADD 552 X $39.66 = $ 21,893 6 Dept. Coordinator/Admin 58 X $33.20 = $ 1,926 Total Hours 1,853 Subtotal Direct Salary Costs(DSC)_ $ 82,345 Salary Escalation(SE)= 5% of DSC= $ 4,117 Subtotal(DSC+SE)_ $ 86,463 Overhead(OH) 166.65% of(DSC +SE)_ $ 144,090 Fixed Fee(FF) 30.00% of(DSC+SE)_ $ 25,939 TOTAL SALARY COSTS(DSC+SE+OH + FF)_ $ 256,491 DIRECT NONSALARY COSTS(DNSC) Mileage 350 @ $ 0.54 $ 189 $ - $ - TOTAL REIMBURSABLE EXPENSES(DNSC)_ $ 189 SUBCONSULTANTS PanGEO(Geotechnical) $ 3,924.00 Universal Field Services(Right of Way) $ 17,345.00 Watershed Science& Engineering (Hydraulics) $ 21,327.00 TOTAL SUBCONSULTANTS= $ 42,596 TOTAL AUTHORIZED AMOUNT= $ 299,276 MANAGEMENT RESERVE(10%)_ $ 29,928 TOTAL CONTRACT AMOUNT= $ 329,204 Page 1 of 9 EXHIBIT D-1: PROJECT FEE DETERMINATION 5/12/2016 BergerABAM City of Renton - NE 31st Street Bridge Replacement Pro'ect Mana er ase age en e oury Classification Name Rate %Partici ation Rate Project Manager Bob Fernandes $87.50 20% Chuck Spry $75.48 80% $77.88 Project Engineer Greg Banks $54.95 60% Naomi Selove $50.39 40% $53.13 Structural Engineer Santiago $41.97 100% Iman Ghorbani $40.77 0% Miranda Hagadorn $35.75 0% $41.97 Civil Engineer Naomi Selove $50.39 0% Brook Emry $35.34 100% $35.34 Graphics/CADD John Reyes $38.61 45% Lee Childress $39.57 45% Jef Blake $51.73 5% Andrew D'sylva $70.00 0% Aaron Savage $37.86 5% Kim Crow $35.50 $39.66 Dept.Coordinator/Admin Nora Bretana $32.67 0% Kelly Robinson $33.20 100% $33.20 Page 2 of 9 EXHIBIT D-1:CONSULTANT FEE DETERMINATION ABAM 30%PSBE CITY OF RENTON-NE 31ST STREET BRIDGE REPLACEMENT 5/12/2016 � c d � � � C � Q o� � �Or � p Task � � W c v ? � w � 'o> Tn °p � c v V TASK DESCRIPTION d d � W s . a a ° ° � > ti w Number a a in i.> C9 p Totals DSC $77.88 $53.13 $41.97 $35.34 $39.66 $33.20 TASK 1.0-GENERAL ACTIVITIES(6 months) 1 86 54 14 22 26 202 Administration,Coordination,and Supervision �,1 12 12 24 Invoicing 1.2 12 12 24 I Project Meetings and Site Visits 1.3 50 54 14 22 - - 140 Project Kick-off Meeting g g g 24 Project Communication(weekly 1/2 hour phone/email) �2 12 PS&E Comment Resolution Meetings(4) 16 32 48 Internal Team Meetings(8 total) g g g g 32 Site Visit for Conceptual Design Evaluation 6 6 6 6 24 Site Visit for Design Coordination Assumed not required - Develop Preliminary Project Schedule 1.4 12 2 14 TASK 2.0-SURVEYING 2 - 28 - - 16 - 44 Field Verify Base Map 2,1 16 4 20 Additional Survey 2,y Not in scope - Survey Control for Construction 2.3 12 12 24 TASK 3.0-PRELIMINARY HYDRAULIC ANALYSIS 3 - 4 - - 4 - 8 HEC-RAS Modeling 3,� 2 2 q Preliminary Bridge Hydraulic Report 3,Z 2 2 4 Page 3 of 9 EXHIBIT D-1:CONSULTANT FEE DETERMINATION ABAM 309'o PSBE CITY OF RENTON-NE 31ST STREET BRIDGE REPLACEMENT 5/12/2016 y c � d E d m � o v � � �� p Q Task � �� W c v '� � w � 'rn � °p � � U TASK DESCRIPTION d d � W � • a Q ° ° � > � m Number a a in i� C9 c Totais DSC $77.88 $53.13 $41.97 $35.34 $39.66 $33.20 TASK 4.0-PRELIMINARY PLANS AND COST ESTIMATE 4 14 77 68 130 728 14 431 Confirmation of Preliminary Bridge Design Assumptions 4.1 10 20 16 10 - 2 58 Provide Written Confirmation of Bridge Design Assumptions 2 2 4 2 10 Prepare Materials for Meeting with City 2 q 2 $ Attend Meeting to Review Bridge Design 8 16 8 8 40 Prepare Civil Design 30 Percent Plans 4.2 - 12 - 44 40 - 96 Prepare Structural Design 30 Percent Plans 4.3 - 5 40 - 60 - 105 Preliminary Bid Item List and 30 Percent Cost Estimate 4.4 4 12 12 8 - 36 QA/QC Preliminary Design Phase Deliverables 4.5 4 24 - - - - 2g Stormwater Design Memorandum 4.6 - 12 - 64 20 12 108 Prepare DRAFT g 48 16 8 80 Prepare FINAL 4 16 4 4 28 TASK 5.0-PRELIMINARY GEOTECHNICAL SERVICES 5 - 8 8 - - - 16 See PanGeo's Fee Estimate TOTAL PHASE 1 HOURS 700 171 90 152 148 40 701 I Page 4 of 9 EXHIBIT D-1:CONSULTANT FEE DETERMINATION ABAM 309'o PSBE CITY OF RENTON-NE 31ST STREET BRIDGE REPLACEMENT 5/12/2016 � c m `y � � p � � � �� p Q Task � �� W c V '° � w � 'a� � °p � � U TASK DESCRIPTION d d � W t • a a ° o � > � d Number a a in t� C7 p Totals DSC $77.88 $53.13 $41.97 $35.34 $39.66 $33.20 BERGERI TASK 4.1 -Civil 30%Plans Dept Proj. Proj. Structural Civil Graphics Coord. ABAM M r. En r. En r. En r. /CAD /Admin Totals COVER SHEET WITH VICINITY MAP&SHEET INDEX 1 4 4 9 GENERAL NOTES LEGEND&ABBREVIATIONS 1 4 4 9 SURVEY CONTROL,ALIGNMENT,AND RIGHT-OF-WAY PLAN 2 g $ �$ TEMPORARY EROSION&SEDIMENT CONTROL PLAN-GENERAL NOTES SITE PREPARATION AND TEMPORARY ESC PLAN (20 SCALE) ROADWAY SECTIONS 2 4 8 14 ROADWAY PLAN&PROFILE (20 SCALE) 2 g $ 18 ROADWAY,GRADING&DRAINAGE DETAILS 2 8 4 14 I STREAM CHANNEL GRADING DETAILS 2 8 4 14 MISCELLANEOUS ROADWAY DETAILS SUBTOTAL TASK 4.1 -30%CIVIL DRAWINGS 12 44 40 96 BERGER/ TASK 4.2-Structural 30%Pians Proj. Proj. Structural Civil Graphics Coord. ABAM M r. En r. En r. En r. I CAD /Admin Totals BRIDGE PLAN&PROFILE 1 8 12 21 FOUNDATION PLAN 1 8 12 21 ABUTMENT 1 PLAN&ELEVATION � g �2 Z� ABUTMENT 2 PLAN&ELEVATION 1 8 12 21 GIRDER FRAMING PLAN&TYPICA�BRIDGE SECTION 1 8 12 21 SUBTOTAL TASK 4.2-30%STRUCTURAL DRAWINGS 5 40 60 105 Page 5 of 9 EXHIBIT D-1:CONSULTANT FEE DETERMINATION ABAM Permit Support&ROW CITY OF RENTON-NE 31ST STREET BRIDGE REPLACEMENT 5/12/2016 � c � � d �E � � c � Q o> d �rn � p c Task � �rn w °°'' a 'o R � c U � w ` �C V � � W t V TASK DESCRIPTION d d � _ • Q' a 'o '0 2 '> � Number a` a` in i� c9 p Totals DSC $77.88 $53.13 $41.97 $35.34 $39.66 $33.20 TASK 6.0-PRELIMINARY RIGHT-OF-WAY SERVICES 6 - 24 - 28 16 - 68 Falaniko,Rose and Frank Exhibits _ 4 8 4 16 King County Easement Exhibits _ 4 8 4 16 Obtain Titlel Reports/Prepare Legal Descriptions g $ ROW Plans _ g �2 g 2$ See Universal Fieid Services Fee Estimate TASK 7.0-ENVIRONMENTAL DOCUMENTATION 8�PERMITTING 7 - 8 72 40 2 62 See Widener&Associates Fee Estimate TOTAL PHASE 2 HOURS - 32 - 40 56 2 730 I Page 6 of 9 EXHIBIT D-1:CONSULTANT FEE DETERMINATION ABAM 100%PS&E CITY OF RENTON-NE 31ST STREET BRIDGE REPLACEMENT 5/12/2016 y Cc L d •C d L � C •C � Q Q Task � �� W � v 'o � W i �O> N � 7 (� TASK DESCRIPTION a�i a�i u W s , 'o 'o Y '� R a Number a` a` cn c� c� p Totals DSC $77.88 $53.13 $41.97 $35.34 $39.66 $33.20 TASK 8.0-FINAL PLANS,SPECIFICATION AND ENGINEER'S ESTIMATE 8 8 778 346 86 332 16 966 Roadway Design and Drawings g,� 8 56 12 86 80 8 250 Prepare Civil PS&E Drawings(see below) _ 22 - 46 72 - 140 Roadway Specifications 4 4 16 - 8 32 Q'vQC 4 24 8 36 Construction Schedule 2 �2 - - - 14 ' Roadway Quantities and Cost Estimate q �6 $ 2$ �� Bridge Design and Drawings g,y _ 122 334 - 252 8 716 Substructure Design Calculations g gp $8 Superstructure Design Calculations 4 24 2g Bridge Drawings(see below) - 62 166 - 252 - 480 Specifications g 24 32 Q�QC 32 16 8 56 Bridge Quantities and Cost Estimate g 24 32 TASK 9.0 AD,BID 8 AWARD 9 16 8 16 16 56 Meetings _ Response to RFI's _ �2 g 20 Addendum 4 8 8 16 36 TOTAL PHASE 3 HOURS 8 794 354 702 348 16 1022 Page 7 of 9 EXHIBIT D-7:CONSULTANT FEE DETERMINATION ABAM 100%PS&E CITY OF RENTON-NE 37ST STREET BRIDGE REPLACEMENT 5/12/2016 � c d � � C � Q a � o� p c Task � �� + � v � � w � '� � o � U TASK DESCRIPTION a�+ a�i u W s , � Q" a Number a` a` in i� c9 p Totals DSC $77.88 $53.13 $41.97 $35.34 $39.66 $33.20 BERGER/ TASK 8.1 -FINAL CIVIL PSBE DRAWINGS Dept Proj. Proj. Structural Civil Graphics Coord. ABAM M r. En r. En r. En r. /CAD /Admin Totals COVER SHEET WITH VICINITY MAP&SHEET INDEX 1 2 2 5 GENERAL NOTES LEGEND&ABBREVIATIONS 1 2 2 5 SURVEY CONTROL,ALIGNMENT,AND RIGHT-OF-WAY PLAN 2 2 4 $ TEMPORARY EROSION&SEDIMENT CONTROL PLAN-GENERAL NOTES 2 4 8 74 SITE PREPARATION AND TEMPORARY ESC PLAN (20 SCALE) 4 8 16 28 ROADWAY SECTIONS 2 4 8 74 ROADWAY PLAN&PROFILE (20 SCALE) 2 4 8 14 ROADWAY,GRADING&DRAINAGE DETAILS 2 4 8 14 STREAM CHANNEL GRADING DETAILS 2 8 4 14 MISCELLANEOUS ROADWAY DETAILS 4 8 12 24 SUBTOTAL TASK 8.1 -FINAL CIVIL DRAWINGS 22 46 72 140 Page 8 of 9 EXHIBIT D-7:CONSULTANT FEE DETERMINATION ABAM 100%PS&E CITY OF RENTON-NE 31ST STREET BRIDGE REPLACEMENT 5/12/2016 y c � � d E a c � � c `m � Q Task � �� W c v 'a � w � "o� a o � c � TASK DESCRIPTION d d u w t U 'o '0 2 "> � a Number a` a` in � c� p Totals DSC $77.88 $53.13 $41.97 $35.34 $39.66 $33.20 _ BERGER/ TASK 8.2-FINAL STRUCTURAL DRAWINGS Proj. Proj. Structural Civil Graphics Coord. ABAM M r. En r. En r. En r. /CAD /Admin Totals BRIDGE PLAN&PROFILE 1 2 4 7 STRUCTURAL NOTES 8�BRIDGE CONSTRUCTION SEQUENCE 2 $ �2 22 FOUNDATION PLAN 4 8 12 24 SHEET PILE WALL ELEVATIONS 4 8 16 28 SHEET PILE WALL SECTIONS 4 6 12 22 SHEET PILE WALL DETAIL 8 16 24 48 , SHEET PILE WALL CAP DETAILS 4 6 16 26 � ABUTMENT 1 PLAN&ELEVATION 2 4 4 10 ABUTMENT 1 DETAILS 4 12 16 32 ABUTMENT 2 PLAN&ELEVATION 2 4 4 70 ABUTMENT 2 DETAILS 4 12 16 32 GIRDER FRAMING PLAN&TYPICA�BRIDGE SECTION 1 4 4 9 GIRDER DETAILS-SHEET 01 4 12 16 32 GIRDER DETAILS-SHEET 02 4 12 16 32 DECK DETAILS 4 12 16 32 BEARING DETAILS 2 12 16 30 EXPANSION JOINT DETAILS 2 4 12 18 TRAFFIC BARRIER-SHEET 01 2 $ �2 22 TRAFFIC BARRIER-SHEET 02 2 $ $ �$ MISCELLANEOUS DETAILS 2 8 16 26 SUBTOTAL TASK 8.2-FINAL STRUCTURAL DRAWINGS 62 166 252 480 Page 9 of 9 Exhibit D-2 BergerABAM Inc. 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003 Actuals Not to Exceed Table City of Renton - Northeast 31 st Street Bridge Replacement Job Classifications Direct Salary Cost Overhead Fixed Fee All Inclusive Hourly 166.65% 30% Billing Rate Low NTE Low NTE Low NTE Low NTE Engineer IX-Officer $ 72.00 $ 117.00 $ 119.99 $ 194.98 $ 21.60 $ 35.10 $ 213.59 $ 347.08 Engineer VIINIII-Project Manager $ 50.00 $ 85.00 $ 83.33 $ 141.65 $ 15.00 $ 25.50 $ 148.33 $ 252.15 Engineer V/VI-Project Engineer $ 35.00 $ 61.00 $ 58.33 $ 101.66 $ 10.50 $ 18.30 $ 103.83 $ 180.96 Engineer IV-Senior Engineer $ 31.00 $ 43.00 $ 51.66 $ 71.66 $ 9.30 $ 12.90 $ 91.96 $ 127.56 � Engineer I/II/III $ 24.00 $ 39.00 $ 40.00 $ 64.99 $ 7.20 $ 11.70 $ 71.20 $ 115.69 Planners $ 25.00 $ 62.00 $ 41.66 $ 103.32 $ 7.50 $ 18.60 $ 74.16 $ 183.92 � ScienstisUEnvironmental/Landscape Architect $ 25.00 $ 72.00 $ 41.66 $ 119.99 $ 7.50 $ 21.60 $ 74.16 $ 213.59 Public Involvement $ 31.00 $ 42.00 $ 51.66 $ 69.99 $ 9.30 $ 12.60 $ 91.96 $ 124.59 Applications Programmer II $ 50.00 $ 56.00 $ 83.33 $ 93.32 $ 15.00 $ 16.80 $ 148.33 $ 166.12 CAD Operator IV/VNI $ 31.00 $ 45.00 $ 51.66 $ 74.99 $ 9.30 $ 13.50 $ 91.96 $ 133.49 CAD Operator II/III $ 25.00 $ 34.00 $ 41.66 $ 56.66 $ 7.50 $ 10.20 $ 74.16 $ 100.86 Construction Specialist/lnspector/Assistant $ 27.00 $ 61.00 $ 45.00 $ 101.66 $ 8.10 $ 18.30 $ 80.10 $ 180.96 Surveyors/Geomatics $ 21.00 $ 54.00 $ 35.00 $ 89.99 $ 6.30 $ 16.20 $ 62.30 $ 160.19 Designer I/II/III/IV/V $ 22.00 $ 43.00 $ 36.66 $ 71.66 $ 6.60 $ 12.90 $ 65.26 $ 127.56 Coordinators/Graphics/Administration $ 10.00 $ 75.00 $ 16.67 $ 124.99 $ 3.00 $ 22.50 $ 29.67 $ 222.49 Note: Invoiced labor rates may be less than the low rate shown per job classification. Direct Labor Cost NTE(Not to Exceed)is the maximum rate for each labor classification. Invoices shall be based on the actual Direct Labor Cost of the staff working on the project, but will not exceed the NTE. Rates valid through 30 June 2017 EXHIBIT D-3 �► � Washington State Transportation Bui�ding �J/ Department of Transportation 310 Maple Park Avenue S.E. Po.aox a�soo Lynn Peterson Olympia,WA 98504-7300 Secreta of Trans ortation 36o-7os-700o rY P TTY: 1-800-833-6388 www.wsdot.wa.gov November 23, 2015 BergerABAM 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003-2600 Subject: Acceptance FYE 2015 ICR—CPA Report Dear Ms. Megan Isaacks: We have accepted your firms FYE 2015 Indirect Cost Rate(ICR) of 166.65% of direct iabor cost (rate includes 0.28% FCCM); based on the "Independent CPA Report," prepared in accordance with Part 31 of the FAR, by T. Wayne Owens & Associates. Your ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate may be subject to additional review if considered necessary by WSDOT and will be applicable for: � WSDOT Agreements � Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreernendcontract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 or via email consultantrates�a,wsdot.wa.gov. Regards; � � R K. JONSON Manager, Consultant Services Office EKJ:rck Acceptance ICR CPA Report Wa�hingtcn St�te �� Dope�rtment af Tr�nsportaticn � Memoran.dum November 23,2015 TO: Erik Jonsc�n,Contracting Services Manager �9'tp FR�M; Schatzie Harvey,Agreoment Complit►nce Audit Mauager SUBJECT: BargerABAM, Inc. �ndirect Cbst Rate for Fiscal Year Ended May 31,241 S We accept the audit wark perfarmed by T.Wayne Owens&Associates related to the BergerABAM Indirect Cosr Rate for the above r�fereneed fiseal year. T. Wayne Qwe.ns &Associates audited tT�e BergerABAM indirect casts for complianae with Federal Acquisition R.eguIatians(FAR), Subpart 31, Our o#�ice did not review tlieir audi�work. Based on our acceptance af tiie CPA's audit,we are issuing tlus memo establishing the BergerABAM Indirect Cost Rate for fiscal year�nding May 31,2415 at 16b.b5%of direct Iabor(rate includes 0.25%FCCIV�. Costs billed to agreements wiIl still be subject to audit of actual costs,based on the terms � and conditions of the resp�ctive agreernent. This was n�t a ca�nizant review. Any a�er entity contracting with the firm is respons�ble for determining the ace�ptability of the indirect Cast Rat�. If ydu have any q�estions,feel free to cali me at(360)'705-7006,or via email at liaiweys cr,wsdot.wa.�ov. . ' � ; • I � Attachment . � cc: Steve McKerney File � �, ;: � �: DOT�ortn i00-0OB EF Roviaed 6199 �e€tifcat�on Qf F�na1 #ndir�c� Costs � �[C#TI NS1718:B8t$@fABAM IT4C �11d11"BC�COSt�`'v3t@ P!"Q�Ct881;168.�5 Date af Prpposal t�reparetton 4tnm/dd/yyyy}:itl�2t2o7s Fisc�l Period Govered(mmldd/yyyy to rnm/ddlyyyy):U5/31/2p15 i,the urtders�rned, cerf�ty#h�f f have revlew+ed the pnaposat fo est�blfsh fJna1 lndirect cosf raies far fhe ftscal period as sp�cfFCed a6ove and#a the'b�st nt my krtowladge ar�d belfe€� 9.j A11 costs I►�cJuded in thls prapas�!fa estabtish ffn�!indlr�ct eost t arfes�t'e atlawahle tn �ccardance witi�the cos#princlptes of fha F�derel Acqulsitla�Rs�ulatlons(�AR)af tlfle 48, , �trde t�f FedsJ�t Re�teJatfor�s�CF�?j,Asrt 3�. ' ,�j 77�ts prvpr�s�l daes nof fnclude'any cflsls whlcfi are e3cprressly unetTourahle urtder fhe r�os# prtnciples af#he FAk'af�8 CFR 3�. , All k►7t�wn malsti�)f�ensacflons ar events fhat have occurred affec#lttg tJte fih'm's ownarship, � ot�&�rtlzatic�n and frttffrect cost rates have,beert disclosed. � . ��1�[.�! { 5ign�ture: Nan1e c�f C�if'ying Off[Gial'�(Prirt#}:M.Lee AA�rsh . . s Tit�B; Presid�antlC�O date af�erttffcation(mmlddJyyyy}:t�lt2lzo�s i I � x *Tha"Certil�ring d#��ia("must be an iadivldu�!exeaativ�c�r finar�a!ofticer�f th�a firm at�l�vet � no lawer fh�n a Vice Presiderif ar Chief Financial�fffcer,ar equfvalent,who hes the author�ty to ; r�present the finanoiai tnfarm�tlan uftllzed to establish#he indireat cost rate fior use under Agency �nntr:�cts. , i. Ref.FHWA Direotive 447'Q.�IA availa6le on line ai: � ty{,to:llwww.fihw�,,.dc�#.gavlleasreasJdirgot3vesJor�ers14�701a.hkm , � ,: C1lH Certificafi�t�n;Isi'ov 202� �' HERGERABAM,(NC. • - � _ . . S7ATEMEN"�OF DtRECT I.ACiOR,��tINGE B�NEFI'fS�AhID�EN�RAL OVERHEAb � FOR TH�YEAR ENDED MAY 31,2095 " - °�5 of Finartctai 3fmt Unallowahle Direot bescriptlon Expense Coets FAR Raf Total Proposed Labor DirecEL'BBor $ 1�2,064,3g� $�. ---- $ '12,064,391 INDIRECT COBTB Fringe Bene#Its: Vacatlon,sick,ho�idey $ 2,606,782 $ - $ 2�6pg�7g2 lncenti�o ccmpensetion 165,980 - hgg,ggp 4U1k pian 447,B08 - 447,806 Emptoyee group{nsufance 7,961,260 (75Dj {16) i,960,5i0 Payroll taxes. 9,883,9D9 (8,826J (1) 1,673,783 Workers compenest(on 162,058 - 752,056 Other employ�e benefrts 136,916 (8U,373) i2)f3) 75,543 �'atal FMnge Beneffbs $ 7,054,Op9 � (70,T493 $ 6,983,26p 57,SB� �reneral dverhead• . in�rect labor . $ 3,798,D�4 $ (50,AA1) (3) $ 3,747,83� . ACCDttRUl7g f@86 SZS,270 (18,7,6A0) t4) 167,83p Adasrtising 22p (2Zp? �g) - Automobile expena�e 82,87B - 62,678 Bids and proposels 3,742,681 (i81,538) (2)(3)(5)(6) 3,G6i,123 Contributione 21,720 (21,720) (7) - Depreciation and amortiaation 846,831 - 846,839 � bues and pro�ssloqal'19oenses 1�B,B68 (1,919) (8) 90�F,749 Insuranae 756,682 - 756,592 IMen3st 26,786 (25,786� (i1? - Lobbying 92,508 (12�508) (8) . Meals expense. 1Zb,559 (B1�328) (2)I3)I6)(101(12) 59,22$ Qiflae suppltes and pcsfage 326.665 (23,894) (3)(5)(9){10)(12) 3Q2,97� Printing 8�reproduction 969,327 - 169,327 profi98siof181 setvlces 148,853 . t15,�08) (h3} 189,345 Recr�ftment 5s,522 i77? cs1 s�,aas Rent • 1,60b,798 (28,30�) (14) 1,577,498 Seminars and professional educstion i28,594 {6,218) (8)(5)(6)(9)(12� 122,376 S�PA�� ' 36,960 - 36,960 Texes and ficenses 781,286 {207,705) (14)(15) 573,583 Telecommunicratlons 773,348 - 7pg�34$ � ��1 181,7A0 (15,712) (1?(2)(3}(6){9)(90) '166,026 Recovary • (918,801} - (118,801) ; fiotai G�nera!Overhe�d � 13,508,852 $ (820,312) � 13,08$,640 968.494�b � j Total(ndirecECosEs $ 2Q.952,881 $ (899,089) � 20.071,800 168.3'7q6 I �u�mzo� � Facilities Cspifal Cost of Money{FCCMy $ 83,367 0.2g% � .� { �, �. See accompanytng independent auditors'repart and notes. � 3 BER�GEI7ABAM,i�c. - . - _ . d�EBCRiPTION OP�'AR R�FER�NCES AND AlIC11T ADJUBTMENTS � FOR 7NE YEA�i�NDEb MAY 31,Z016 � (1) 3f.201•6(a) Acnc�niing fnr unallowable caata-When en unatlowabie cost is Incurted,iis direotly aasoclated Costs are alsn unatlowable. (2� 81.2D5-69 Cos�s aF alc6holEc hevaraAes-fie cos�s af elcohone be►sreges i�unatlowahla (3) 81:245-79 EnteH�Mment aosts-Caatg o(amusament,diwralons,soclal a¢tluities,and am+directly assoclated costs auch as dckets io shuws or spods eYahts;ttl�le,ludgfng,renl�is,trnnsporladon,end gratukfes ar�urra►towa6la. - {q) 313Db-01(b}(3) Te�ces=Taxes:(mm,whlch e�cemplians ara avafiahle ia ihe aanirector dir�eetiy are unellowebie when the bu�slen innident io obtalNnp iha exemptfon GU�1lelghe the corcespondtnp bene6ts accruir�to the 8ovemment. (8) 81.205-1{� pubec�elaNnes ard eal�erflsfrtg coeis-Pu611c refetlons and advertlaing casts designed to call t�wrable aNention to the aontractor end ils' aaii�ities(s Unallnvirabl�: (6j 31.205-48(a)(� `IYa4a1 Cesls=Goets that exceed,oae dafy basle,the maximum per dtem retes In eneet at tne 11me of treuel as set torih M the Federa3 Treuhl R�ui�tlpns are unaliar�a6te: {� 91•20&8 CoMilbuti�s.or dnriailbtle-Cuntd6utlans or donations er�unellwuabie. (8) 91.ZD6-22(a)(1) Lobbylnp arld polNfoal eetluly costs-Costs assoclated with alfempts lu lnfluenae the ouicomas ot erry Fedaral,State,or(aceJ aleclfon, reteiendurn,"in@lalive;Qt�Imilar procedure,through In klnd nr cash contdbutions,endota�menis,publlaity,or simllaz acth�ties are (B} ey.z01_2(d) Delamihting a1lwPebility-Costs pmperly suppvrted with adequaie documentaHan are ellowable. {i0j 31.2tl1�3(6}(1) Determining rteaorrebi�ness-Gosts generelly not recognized as urdinary and necessary(er the conduct ot huslnass nre unallowabte. {11) 37.203-20 In#erAsf and ather 8nancial coats-intereet nn hortnwings(hnwergr repree enietl}are unallowable. {12) 31.2q&13 lb) Employee maral�,health,walt�re,kad seMce,end dormitory cosie and cBdlts-Costs oP gffls ara uneAawable.. � (08) 91.2b5 27{a){2j OrgaNaatlon cos3e-Ai�ooai4 lnpUtmd In connealton wllh plenning or ezeoutk�g the orgar�zetlon or reorgenixation of the�arparaie struciure nf e bueineas,Inak�dtng mergeta and ecqufsillans,or ralsing capital are unallwva6te. (14} 97.2D5�41{h�(1) Tattes-Federa�tncoma and eoccese probts taxeg ars unaliouva6le. ' (i� 91.205-41(b)(� 'I�Ces.InCame iaft acaluais deslgned ta aacami for!he lax eftects of diiferences belween ta�table irxoma and p►etax income as reflecled i 6y 1he boaks pF.aoCount and�nenclal stetemenis. (9ej 31•7A1,2{d) qetemttning allawabllily-Accountinp far cosis fnr anoiher period ere unaliawable. � i i ` . � . � . � �' ;; �� 1 ;: ��RG�RABAM,INC. � _ . N�'f�S TO i'HE 5TAT�MEN7 OF DlRECT LABOR,�RINC3�B�NEFITS, ' AND GENEIZAL OV�RHEAD � FOR TH�YEAR�ND�b MAY 31,2016 NOTE C w FAClL�i'I�S CAp1TAL C09T�F iV10NHY(Continuedj Net bqok value of assets-prior ye�r � $ 1,786,740 Net book v�lus ot'assets-current year 1,448,845 Average net book value $ �,��7,7g3 Multiplfed by:average treasury rete 2,A6% Equals: facNitles capital aost of money $ 33,367 ,:biylded by:direct labar base $ 72,064,391 Equals��acilities Capft�l cast of money rate � 0.28% N07E H-LIST OI�DiRECT COSl`S ACC�UNTS The Company cfierges the follmwing types of costs directiy to prujects: + • Sub-�onsultants " • GontreGf Petsonnel + Uutslde 5ervices ` � • Travel:and Su�slst�na� • Mileege , • �lU�e�ls : � • Lod,ging . • Parki�g . • Aer plem . • Ai�fare • Telephone . • ReproducEian � i Sh3pping • �lefd 5upplies ! f + Projsct Expenses Other ; . � As no#ed above, direct costs.are coded to the corres ondln � p g proJect number sn they may be� , segr�gated and accumulated in the Campany's job ord�r cosE accaunting system. 7he Company identifres s cast as a direcf casf If it can ba specif{c�lly identified with a particuiar final cos#objective, i.e., a praject related cost. tt is krelev�nt whether or not the.costs ere actu�lly biiled. Direat costa � ; are nnt included in the avorhead pool and direct accaunfs h�ve been es#ablish�d in the Company's General Ledger. ,; ,, In additinn,the Compeny has the foliowing charge r�tes. 5 �xpense �illing Rates Shailow Water D(ve System $2501day Dfve Control Trailer �$Z50/day ' Underwater DIg(t�l Sflll Camera $16pt�fay '� Und�rwater Ultrasonlc't'hfckness Gauge $950/day Underwater Video�Camera $1751day ;� 26��'oot Dive goat and Motor $400/d�y i; � � 9 �: � Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any wark under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. See Exhibits E1, E2 and E3 attached. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Rp�;�p��ni�ni�n�d EXHIBIT E-1 -SUBCONSULTANT FEE DETERMINATION 31st Bridge PanGEO 5/12/2016 NE 31st Street Bridge Replacement Proj.lvo.: 15-323 City of Renton,WA Date: 4/1/2016 Prepared By: REK Revised: Prepared for: Mr.Bob Fernandes,BergerABAM ESTIMATED LABOR: WORK TASK DESCR[PTION PanGEO Labor Hours&2016 Direct Hourly Rates P,� G,. �� S L„ S C� - P. JC� A.� � -- - _— $7215 4(:LO� �4520 53800 �i6OS S��b: COST F�,,.�D..�A�G.o.�n.,��.�S.r..��., -- --...-- ---_ _. --- �z��r",F - F�� 5� 4 $24820 Re��seP.e�,m.Des��„GPo�e�n� Rep�� 8 4 $640.60 F�„r�Gao�e�h„��a�Rapo�� 4 4 $392.40 M ee�„9=& P�o,e«M a„a9em e„� 4 $248.20 TOTAL LABOR: 0 20 0 0 8 0 $1,529.40 LABORATORY TEST SUM MARY OVERH EAD& PROFIT: E,� v,- U,,,� To�A� O�a-he�n @126.55%oF DSC $1,935 Te Te Co C� P.o @30% .DSC $459 Snea.S�e„�.n(�o�-.��R��.��,) 0 $225 $0 TOTAL LABOR COSTS: $3,924 Se�eA�.,,ys,s 0 $165 $0 Pe�<a��F,�es 0 $45 $0 ESTIMATED DIRECT EXPENSES: Ar�P�hP��LmrS 0 $240 $0 M,�PA�POC�$0.54/m. $0 Mo eCo 0 $12 $0 Ra �& F�adCo $0 TOTAL LABORATORY TESTI NG: $0 TOTAL DI RECT EXPENSES: $0 SUBCONTR,4CTOR COSTS: Assumed CondiNons: M�n� _,.�� $0 1. As stated in Scope of Work. D��e $0 PP �i� $0 TOTAL DIRECT EXPENSES: $0 COST SUMMARY: T�,a��no�Cos� $3,924 LTn TP��, g $0 D��e��.,,P�,F. �0 5� �C� $0 TOTAL ESTIMATE: $3,924 PanGEO,Inc. EXHIBIT E-1 - SUBCONSULTANT FEE DETERMINATION Estimate Universal Field Services 5/12/2016 City of Renton NE 31st Street Bridge Replacement Right of Way Acquisition Services - Fee Estimate DIRECT SALARY COSTS(DSC) Personnel Hours Rate Cost 1 Quality Assurance 9.0 X $55.30 = 497.70 2 Project Manager 29.0 X $44.00 = 1,276.00 3 Acquisition Specialist 100.0 X $39.00 = 3,900.00 4 Sr Administrative Specialist 29.5 X $30.00 = 885.00 Total Hours 167.5 Subtotal DSC = 6,558.70 Overhead(OH) 40.42% of DSC= 2,651.03 Fixed Fee(FF) 30.00% of DSC= 1,967.61 TOTAL DSC= 11,177.34 DIRECT NONSALARY COSTS(DNSC) Mileage 780 miles @ $ 0.540 42120 Miscellaneous Expenses(see note 4 below) 136.06 TOTAL DNSC= 557.26 SUBCONSULTANTS Project Funding Estimate Valbridge Appraisal (See Note 5 below) 5,500.00 Administrative 2%(B&O taxes etc.) 110.00 TOTAL SUBCONSULTANT FEES= 5,610.00 TOTAL ESTIMATED AMOUNT = 17,344.60 Notes: 1.) Universal reserves the right to re-negotiate estimate total if Notice to Proceed not provided within 180 days from the date of this estimate. 2.) Mileage to be billed at$0.540/mile or the approved IRS rate at the time mileage is incurred. 3.) See Estimated Hours worksheet(next page)for list of parcels impacted and the real property rights to be acquired from each. 4.) Reimbursable miscellaneous expenses, including but not limited to:ferry fees, postage, parking printing, long distance telephone,etc., at cost-no markup. 5.) It is assumed Appraisal and Appraisal review reports not required. AOS worksheets will be the basis of offers to property owners in lieu-of Appraisal reoprts. 1 of 2 EXHIBIT E-1 - SUBCONSULTANT FEE DETERMINATION Hours-Mileage Worksheet Universal Field Services 5/12/2016 City of Renton NE 31st Street Bridge Replacement Right of Way Acquisition Services - Fee Estimate Parcel Data Ri hts to be Acquired Negotiation Hours � � c c � No. Tax Parcel No. Owner/Taxpayer m � a � � � Z � °�' � in E m Q � a Fw 1 3345100070 Falaniko,Rose&Frank ' X 1 6 55 10 180 --- - -- -- --- -- —_ �-- _ _- _ 2 3342103380 Kin County-Parks X 1 3.5 30 6 120 Attend Kick off meetin -Ci office 4 4 0 0 60 Review title re orts to be provided b Ber er Abam 0 0 3 3 0 Attend four 4 Pro ress Meetin s-Cit office 0 8 8 0 360 Provide six(6)monthly progress and tracking reports 0 1.5 1.5 3 0 Coordinate CITY approval of sample acquisition documents 0 1.5 0 1.5 0 Assist Cit with developin "Introduction Informational Letter" 0.5 1 0 1 0 Subcontract with and manage Appraisal(PFE) 1 1 0 1 0 Provide PFE input being completed by Appraiser 1.5 1.5 0 0 0 Parcel File Closeout-Deliver to Ciry 0 1 2.5 � 4 60 9 29 100 29.5 780 2 of 2 EXHIBIT E-1-SUBCONSULTANT FEE DETERMINATION NE 31st Bridge 5/12/2016 .� � WATE RS H E D Estimate of Professional Services � ` i E",t� � :r�c i�E F� ��. Prepared for: ABAM/City of Renton 110 Prefontaine Place South,Suite 508 Project: NE 31st Bridge Replacement Seattle,WA 98104 Hydraulic Design Investigation Tel.(206)521-3000 Date: May 12,2016 Prepared By: Jeff Johnson Hours TASK DESCRIPTION Prin Sr.Eng.I Sr.Eng.II Staff Eng. Jr.Eng. GIS Specialis Contract Admin Totals 1.Data Collection and Review 2 4 $767 2. Site Inspection 5 5 $1,459 3. Channel Survey(assume complete) $0 4. Hydrology 2 4 $767 5. HydraulicAnalySis 4 1 24 $3,171 6. GeomorphicAssessment 4 a $1,168 7. Scour/Erosion Assessment and Protection Concepts a a 16 $2,n6 8. Meetings 14 6 $3,354 9. Hydraulic Report 16 2 20 $5,380 10. Permit Support 2 2 $584 I 11.60%,90%,and Final Design Support 4 2 $984 II 12. Administration 2 1 3 $760 Total Hours and Direct Labor Cost(DL) 52.0 3.0 4.0 0.0 79.0 0.0 3.0 ' Labor Rate($/hr)(WSDOT approved OH 167.60%and 30%fee) $200.31 $171.69 $127.34 $107.31 $91.57 $104.16 $89.28 � TOTAL LABOR COST $10,416 $515 $509 $0 $7,234 $0 $268 $21,169 II Dir Ex n De ail II ect pe se t Units Rate Cost Mileage 200 $0.540 $108.00 Reproduction and Communication $50.00 Total $158.00 Cost Summary Total Labor $2�,�69 Total Direct Expenses $�58 Total $21,327 Exhibit E-2 PanGEO Actuals Not to Exceed Table City of Renton - Northeast 31 st Street Bridge Replacement Direct All Inclusive Salary Overhead Fixed Fee Hourly Job Classifications Costs 126.55% 30% Billing Rate NTE NTE NTE NTE Principal $ 75.96 $ 96.13 $ 22.79 $ 194.88 Geotechnical Project Manager $ 64.90 $ 82.13 $ 19.47 $ 166.50 Sr. Geotechnical Engineer $ 52.88 $ 66.92 $ 15.86 $ 135.66 Sr. Geologist $ 43.27 $ 54.76 $ 12.98 $ 111.01 Project Engineer $ 39.42 $ 49.89 $ 11.83 $ 101.13 Project Geologist $ 38.46 $ 48.67 $ 11.54 $ 98.67 Staff Engineer $ 33.94 $ 42.95 $ 10.18 $ 87.07 Staff Geologist $ 25.00 $ 31.64 $ 7.50 $ 64.14 Administration $ 30.29 $ 38.33 $ 9.09 $ 77.71 Note: Invoiced labor rates may be less than the low rate shown per job classification. Direct Labor Cost NTE (Not to Exceed) is the maximum rate for each labor classification. Invoices shall be based on the actual Direct Labor Cost of the staff working on the project, but will not exceed the NTE. Rates valid through 30 June 2017 Exhibit E-2 Universal Field Services Actuals Not to Exceed Table City of Renton - Northeast 31 st Street Bridge Replacement Direct All Inclusive Salary Overhead Fixed Fee Hourly Job Classifications Costs 40.42% 30% Billing Rate NTE NTE NTE NTE Quality Assurance $ 57.00 $ 23.04 $ 17.10 $ 97.14 Project Manager $ 45.32 $ 18.32 $ 13.60 $ 77.23 Acquisition Specialist $ 40.17 $ 16.24 $ 12.05 $ 68.46 Sr. Administrative Specialist $ 31.00 $ 12.53 $ 9.30 $ 52.83 Note: Invoiced labor rates may be less than the low rate shown per job classification. Direct Labor Cost NTE (Not to Exceed) is the maximum rate for each labor classification. Invoices shall be based on the actual Direct Labor Cost of the staff working on the project, but will not exceed the NTE. Rates valid through 30 June 2017 Exhibit E-2 Watershed Actuals Not to Exceed Table City of Renton - Northeast 31 st Street Bridge Replacement Direct All Inclusive Salary Overhead Fixed Fee Hourly Job Classifications Costs 167.60% 30% Billing Rate NTE NTE NTE NTE Principal $ 67.31 $ 112.81 $ 20.19 $ 200.31 Sr. Engineer I $ 57.69 $ 96.69 $ 17.31 $ 171.69 Sr. Engineer II $ 42.79 $ 71.72 $ 12.84 $ 127.34 Senior Geomorphologist $ 42.07 $ 70.51 $ 12.62 $ 125.20 Staff Engineer $ 36.06 $ 60.44 $ 10.82 $ 107.31 Jr. Engineer $ 30.77 $ 51.57 $ 9.23 $ 91.57 GIS Specialist $ 35.00 $ 58.66 $ 10.50 $ 104.16 Technician/Drafter $ 25.00 $ 41.90 $ 7.50 $ 74.40 Engineering Intern $ 20.00 $ 33.52 $ 6.00 $ 59.52 Contract Admin $ 30.00 $ 50.28 $ 9.00 $ 89.28 Note: Invoiced labor rates may be less than the low rate shown per job classification. Direct Labor Cost NTE (Not to Exceed) is the maximum rate for each labor classification. Invoices shall be based on the actual Direct Labor Cost of the staff working on the project, but will not exceed the NTE. Rates valid through 30 June 2017 EXHIBIT E-3 �► Washington State Transportation Building ', Department of Transportation 310 Maple Park Avenus S,E. P.O.Box 47300 Lynn Peterson Q�ympia,WA 9850a-73(3t3 360-705-7000 Secretaty of Transportation TTY: 1-800-833-6388 www.wsdot.wa.gav June 9, 2015 PanGEO, Inc. 3213 Eastlake Avenue E, Suite B Seattle, WA 98102 Subject: Acceptance FYE 2014 ICR - Negotiated Dear Ms. Kristin Kimmerling: We have negotiated and accepted your firms FYE 2014 Indirect Cost Rate (ICR) of 126.55%. This ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate will be applicable for: ❑ WSDOT Agreements � Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreementJcontract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 ar via email consultantrates(7a,wsdot.wa.,�ov. Regards; � R . SO Manager, Consultant Services Office EKJ:rck Acceptance ICR Negotiateci PanGl�:0.Inc. t)ti crhead Srheduie �{�l�S #'ro�H»rd :idju�trd llescriptiun �imount 4dj. ReL Amoant Dircrl l abor('ntiri SL��a.do.: _SS'.4!�" t; St.Dlhvp» l;enrrnl lhrrhexd(:�rencrs ,. , ]Xr;.` lndirect(lt7i,CrsSalanec' ?".t,j' .I,S��) N '.iyOS� 7.q\°, lnd�rz�ri Tr:hnical Admm Jal�nr 1?'_,u?h -I.'U� H :51:'74 I�.sR°. i��nu,:. �x�.'��i —?►�:�yH- {' +$g c1E�n- ri�itr�, "? — �$,� �•r/ �i�:�'-�t�•�t 1:�:'ih=.121tif. _'+U.h.�h [„'�y t�1� 7�{,.}\ 7'13t'� , rs ':�9��i�i:al f7rntal lasuranc: ltk,.l�t�* ir.�,,l�i)> ;i�.�,.,. PavraSl fr«es iftu.i9u _... li !p,'sno ;(�?i°� ��d��ert�cin� fi.5.: _i,z�. �> �� i.Uti°�. rUttnr3¢<<aionLapcn.c 0 tk Utttr',� Lian1.Srn�itc Chxrgr� i: -5; F G C1.UU",� Cumputer_ 1�),�5`+ ?u,?'+9 1.0I"� Contribut+or, iUb ?i1U } t� U UU°�„ Urptrc�aui�n t_cprnx 11 it i)_t�q�.�, Dt;ec 1i Suhscriptions 1.i0a '_"U.# {)27',. Entplo}re�taralr 'b6u �f,r>l' ,�.�h°,. Fri7pluEre Recrwtment 0 to {�.�)p�„ FiCld$uj7p!�ey '.ilf, _,''96 U,'•�n }urnit�re�nd Fi+.wres<"51 UJO I.>i k I.51� Ii.l i��, Prnirniti��n l.I i S L.?9 I3 1'� !t_OO��o Crcarra!Leah�iiip lnsursnce I.°�' 1.5;7 D;5°., Pmlcc:ion:,ILiaDiht}'Incernnce 51.�+)� t1.?Gz 5.(fi�'-,� lmcrrstF.��nx {t p Q40'�L L�censex and Pem;ifs i,i�'�i� 1.74ir U.IX"� Ufi1:t Suppiies A1�r,mg cxpen..� ;.1 15 ?.i 19 (�.3!°�� Y��'IagcuDdfk:li�c:� 7?U 7�f� Ili^0�� P;intin�an;iReprc�ucaion I,(iryf� 1.i15i� ff IU'.,, 1'rut;ssionsl De1elopment �;i! �.�31 0.274� 1'ti�fessi,?nalFc.� I3,133 I±.13J :?9°�, �, Rrlcren.:r IIi.K�1,c Y1arc tk 1 I:a4 4.it� D i);i"�� kcni ;5.733 J�7z3 4.4�1<.,� Rcpmrs i?ll i..'7 U.1�".0 Seition I?y IA�prcciatu�r E..��n.e, l.5$G .i.5?' t� (s,U(i�,, E3&!)l:�nr, Si,ht>� {S.h4� 5.^0"0 Prvprn}Ta,e: =03 �4: U.t+auz Te�rphiure 11.[I9? 3!1K)= U+1"� F.nlcrtsmm�nt F a�c -fi 1Ri [3 (� (�Utt°-r �4tnls"Irarei 5,�i9t� ,.tn,: !i .�n" 0 15°� l tili�ics Lbl9 I.fi;�� G If.°6 • 7utalC:encral()�erhendF.z�•nses .51,9K4.134 -SR65.Si: S!_tl�J�:,5�1/�`tt3�(n"."� l�,',�.�� r,3�8�5,�{�,�r�,- _ U�erhrad kate �-1`tlYtt3"�— Relerences (�U.�2 �(b�. 1��e �2Q,� (n('! A Prr 4}�C'FR tI.?U_'lai r R 4Xi_FR�1.'(oi-lidlnndJti{'FFt;I?t�5_la y t' rrrasCFR:I-3tt5.(,r�N6,t�i1�r3i �2b �'� I'a f) Yc:aR C'F'R 33.2i)5-I�d! F Per�7A CF7t 3!?U5-tc _....�--�--- t �r�as cra;t.�os-�u .___.___._. (, Pri 4K('FR?'I 15.1)(�4.1>-'�;U,;.ulii_'d.h-11.G �. ' Indircut U�7irrr��ulan nn�nui��in.tudr,ad�uatmen�li�i pa}�ulV varu�n.c 1= .,muum�m Nfii� A��u�d�,►, �i��s iU t8.� � e�' �L , EXHIBIT E-3 .�► Washington State Transportation 8uiiding • � rtmen# of'Te�ans !'tatlOft 310 Mapie Park Avenue S.E. � � � P.O.Box 47300 Olympia,WA 98504-7300 Lynn Peterson 360-705-7000 Secretary of Transportation TTY:1-800-833-6388 www.wsdot.wa.gov March 22, 2016 Universal Field Services 6737 S. 85th East Avenue Tulsa, OK 74133 Subject: Acceptance FYE 2015 ICR—Audit Office Review Dear Mr. Mitch Legel: Transmitted herewith is the WSDOT Audit Office's memo of"Acceptance" of your firm's FYE 2015 Indirect Cost Rate (ICR) of 40.42%. Your ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate will be applicable for: � WSDOT Agreements � Local Agency Contracts in Washington State only 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) 705-7104 or via email consultantrates(c�wsdot.wa.,�ov. � s; � ERI K. JONSO Manager, Consultant Servi s Office EKJ:kms Acceptance ICR Audit Oftice Review � Washington State �� Department of Transportatian • M Q m�rc��"�{�U rn March 22, 2016 TO: Erik Jonson, Contracting�el�vices Manager FROM: Scliatzie Harvey,Agreement Campliance Audit Manager� SUBJECT: Uiuversal Field Services, Inc. Indirect Cost Rate � for Fiscal Year Ended October 31,2015 - The Oklalioma Department of Transportation(ODOT}]Yas concluded their cognizant review of the Universal Field Servieas, Inc. (LJFS)far the above referenced fiscal year, ODOT is the Cagnizant State for UFS. As such, ODOT has performed its cogmizant ' review and accepted the audit performed by Stanfield&O'Dell,P.C. Based on ODOT.'s acc�ptance of the t1FS Indirect Cost Rate, we are issuing this rnemo _ establishing the UFS'rate for the fiscal year ended October 31, 20I5 at 40.42%of direct labor. Costs billed to agreements will still be subject to audit of actual costs, based on the teims and conditions of the respective agreement. If you have any questions,feel free to call me at(360) 705-7006, or via email at � i harve s«lwsdot.��a, ta�� i Attachment � � i cc: Steve McKerney i File �� i . . ; . �' � I: !. f, DC)T Form 700-006 EF � Ravlsud 6199 Q�.�;�K'r�r°� OKLAHOMA QEPAR�'MENT CaF TRAI�SPCIRT/�TIO�N � � (77 ,�Y �*� - Q 2Q0 N. E.21 st Street � ��y � Oklahoma Gity, aK 73'145�3204 �iv� March 1 S,2016 Veda Heste!•,Controller � Unive��s�l Field Sorvices 6737 S. SSth East Avenue ' Tulsa, OK,, 7A-133 Dear Ms.Hester: We h�ve�erformed a cognizant rcviev��of the examivation, a�ic1 suppox•ling worltpapers, nf the Tnduecl Cosl Rai��.f Univelsul Field Service,s�fox the year ended�etnber 31, 2015 in accord�.nce will�aur role as Cogtuzalit Agency as clefynec3 in 23 U.S.C."112(b)2(c)and aud 23 G'FR 1.72,3 and 172,7, The examinatYon was pei�ormec� by Stanfield&O'Delt,CPAs. The CPA represented that the examination was eo��ducted in accordance with Gavcrnmen� Auditing Standards�s prc�mvlgated Uy ihe Compt�•otler Cieneral of the Unified States of + _ Amer�c�, and the examin�tioil was designed l� determ.ine tha�:th�incli��ect cosl xale was � established in accordance witl� Cost Principles contained in the Federal Acquisition , Regulation 48 GI�Zt Part 31. Oi.0 review was performed in accorctance witti the AASHTO ; Review Progra�n for CPA Audits af Consutting Fngineers'Litlirect Cost R�ates, ' ; I�i connection witb our review,nothu.lg cau�e to oi�r attentian lhat c�used us tu believe i.bal the examina�ion, �u�.d su�porting worlc�a��ers fa�t�e Tiidirect Cost Rate, and the ralated Account�nt's Report,we r�viewed did n�t canfarm in ali material respecfis to tbe � t�£orementianed regulations and aud.iting stai�dards. • � We recornmend acceptance of the following r�tes: � O>>erltear�Rate 4(1.42f ' �' �� Da'vid Green,Manager OD�T Exte�aI A.i�dits Branch ;: � i: °TLe misslan of U�a Okfaltonra Dcparl�nex!af Trauspo�yntloe!s lo pro�dAa u rnfa,ecwron�lcnl,mrd , i cffoetivc fru�rsporlrtfiutt nrhvurk for flta j�eop/e,cuulNmrcc rtiulrummunffirs ofOhlnlrurtn." AN EQUAI.OPPOA7UNTCY EMPl.OYEFI Universal Ffeld Services, Inc. Statement ofi pirect Labor,Fringe Benefits and Generat Overhead . Far the Year Ended Octnber 31,2015 Total Direct Disallotved Allowable °/a oF Costs Cosis Casts Costs Dircct Labor Direct Labor $ d0,65I,U25 � - � (144,534) (1) $ �0,795,559 Fringe Benefits � Paid time oi'f $ 2,752,$99 $ - $ - $ 2.752.899 Payrolltaxes 4,413,131 - - 4,413,13t lnsurance 2,SOS,I 67 - 20,625 t2) 2,484,542 401(k)matching cantributions 195,3G2 - - 195,362 Bonuses 937,952 - - 937,952 Total fringe benefits 10,804,5 I 1 - 2U,G25 10,783,886 Gencral Ovcnc�ud Indirect labor 3,235,189 - 441,950 (1),(3y 2,793,239 Adverlising and public rclalions 50,038 - 50,038 (4) - Automotive e�penses 1 U9,SS9 75,742 - 33,817 ConFerences And meetings 76,l95 �2,059 - 34,I 36 Contributions 21,549 - 21,549 (5) - Depreciution 93,500 - - 93,500 Dues ond subscriptions 22,373 - 8 (6} 22,3bS Insurance 1$4,SG7 4,G56 - 179,911 Interest 14S,O18 - 145,018 (7) - Licenses nnd certificntions 34,570 13,702 - 2Q,868 Meais and enterlainment 4,705,789 4,578,734 127,U55 (8) - Milcuge 3,G27,381 3,566,G48 - 60,733 Printing and reproduction expense 250,388 249,975 - d 13 Professionnl fees I,029,964 89,406 - 940.SS8 ; Rental expensc 2,139,120 1,597,87S 152,G�15 (9) 388,600 Rcpsurs and maintenancc 99,30$ 42,11G - i7,192 5hippfng ond postage 250,369 221,089 - 29,250 Subcontractors S,G51,883 3,G51,883 - - � • Supplies nnd miscellaneous 892,419 550.214 - 342205 i Ttixes 295,811 53,53U 37,100 (IO) 205,I81 ` Telepl�one 199,312 119,73� - 79.5�3 � Alrtravel 159,120 76,899 - 82,221 � Othertravel 12.523,07t 12,411,491 - 111,580 E � Tuitfon t�nd professional educution 40,093 �,$!5 ' - 35,27$ i Utilitics d32,602 23'1,507 - 193,095 � Totul general overhead 3G.269,188 29,588,080 975,363 3;705,745� Totnl indirect cost $ �#7,073,699 R 29,588,OSQ S 995,988 $ 16,489,G31 40.4?°/u . I� �� The accornpanying notes are an Infegral part af thls financial statement. i l` -5- �: Universai �ie�d 5ervices, Inc. � Notes to Stafiement of Direct Labor, Fringe Benefits and General Overhead October 31, 2015 Note A—Tue Company Universa! Field Services, Ine. (the Company) provides right-of-way acc�uisition services ta governments, telecommunications entities,pipeline compai�ies,utilities and airports. The Company was founded in 1958 and derived approximtttely 14 percent of its current fiscal year revenues from govemmental contracts,with the remaining being con�mercinl contracts.Revenue is recagnized on the accrual method.for cost-reimbursable contracEs. The percentage completion method is used for fixed price conttacts. Note B—Bnsis of Accounting and Description.of Accocrnting Systems T1ie Company's policy is to prepare its Statement of Dir�ct Labor, Fringe Benefits and GeneraI Overliead (overhead schedule) on tlie basis of accoanting practiees �rescribed in Part 3I of the Peder�l Ac9uisition Regulations(FAR's).Accordingly, the abave-mentianed statement is not intended to present the results of operatiocy af the Company in conformity with generally uccepted accounting principles. The Company maintains a job order cost Accounting system (tl�e system) that is integr�ted with tlie ' . Company's genernl ledgar system.The system accumulates gross salaries and wages by direct and indirect labor classifications. Each project is ussigned a.job number so that direct costs m�y be segregated and accumulated in the Canpany's cost accounting systom under the respective cantracts. Direct labor is distributed 9n tlie cost accounting system at effective rates for salaried employees and actual rates for hourly ' employees. The Company's method of estimating costs for pricing purposes during the proposal pracess is consistent with tl�e accumulation and reporting of costs under its job-order.cost accounting system. Tiie Compnny has separate expense accounts for direct costs incurred on projects,such as contract services, _ reproduction and supplies.The Company uses direct lahor as its sola base for developing its overhead rate. ' . Nate C—Criteria Description for�'Alt Referenee ! Costs I�ave been disallowed pursuant to the following FAR references:� � (1) 3I.202—Uncompensated overtime for salaried emptoyees considered to be direct labor and removed ,� from indirect labor costs. � � (2) 31.205-19—Key officers'life insurance is disallowed. (3) 31.205-6(a)(2)—Compensetion n�ust be reAsonable for work performed. � (4) 31.205-1 —Advectising and�eneral marketing costs are disallowed. �' � (5) 31.205-8—Contributions are disallo�ved. � . � -6- � Universai Field Services, Inc. Notes to Statemen#of Direct Labor, Fringe Benefits and General Overhead October 31, 2015 Note C--Criterin Description for FAR Reference—Continued (6) 31.205-1(f�(7); 31.205-14 — Casts of inen�berships in civic and community organizations are disallowed. _.._ __ __ (�. 31.205-ZO-Interest.on.borrowings, bond discounts, costs of financing�nd refinancing capitat are disallowed, ($) 3X.205-14—Entertainment costs are disallowed. (9) 31.205-36(b)(3)—Related pArty rent is allowable to tlie extent it does not exceed tl�e normal cost of awnershlp. (10) 31.205-41(b)—Cei�tain income taxes Are disallawed. Note D—Labor ReIated Costs _ Overtime costs are incuned in meeting certain deadlines. If an employee is eligible for overtime, they _ receive_cash payment equal to time nnd a half(premium portion).The premium po�tion of paid overtime is inetuded in the indirect cost pool. The Company sponsoi�s a 401(k} retirement ptan covering substantially all employees mceting the requirements of FAR 31.205-6(j), to tivhich it rnakes discretionary matching contributians of participating employees'contributions each ysar. Notc E—Depreciation Property and equipment is.carried at cost. Major additions or betterments are charged to property and � _ equipment accounts, while normaI repairs and maintenance are expensed as incurred. Property is depreciated under the double declining or straight-line method over the estimated usefu)lives of such assets. � f ! Note F—Uncompensuted Ovcrtime t FSeld salaried employees are set up in the payroll system at an a�inualized equivalent l�ourly rate based on { the expected hours for each employee. Each pay period, the employee is paid tl�e equivulent hvurly rate times the avet�tge pay period ]tiours (annua[ized hours divided by 24 pay periods). The lzours from the employee timesheet Are entered into the system, which allocates the dollars based on tlie annuatized equivalents l�ourly rate.The difference beiween the actue] period hours and tlie average pay period haurs is credited to the indirect cost pool, and was approximately $145,OQ0 for the year ended Octaber 3 l, 2015. � This credit is represented by the average pay exceeding tl�e�ctual pay. 1 -7- �. EXHIBIT E-3 � Washington State Transportation Building �� Department of Tiranspor#a#ion 310 Maple Park Avenue S.E. P.O.Box 47300 Oiympia,WA 98504-7300 Lynn Peterson 3so-7o5-�000 Secre#ary of Transportation TTY 1-804-833-6388 www.wsdot,wa.gov April 26, 2016 Watershed Science& Engineering 110 Prefontaine Place S, Suite 508 Seattle, WA 98104 Subject: Acceptance FYE 2015 ICR—Audit Offi�e Review Dear Mr. Larry Karpack: Transmitted herewith is the WSDOT Audit Office's memo of"Acceptance" of your firm''s FYE 2015 Indirect Cost Rate (ICR) of 167.60%. Your ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate will be applicable for: � WSDOT Agreements � Local Agency Contracts in Washington State only 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) 705-7104 or via email consultantrates cr,wsdot.wa.gov. Regards; K � IK K. JONSON Manager, Consultant Services Office EKJ:kms Acceptance ICR Audit Ot7ice Review � � WaAhingtonState � Memorandum � De artmeht pf Trans ortation Apri125,2016 TO: Erik Jonson, Conhacting Services IVlanager FROM: Schatzie Harvey,Agreement Compliance Audit Manager�� SUBJECT: Watershed Science&Engineering, Inc. Indirect Cost Rate for Fiscal Year Ended December 31,2Q1 S We have eompleted our review of the Watershed Science&Engineering,Inc. Indirect Cost Ra#e for tlie above referenced fiscal year, We reviewed tIie documentation supporting the rate for compliance with criteria contained in the Federat Acquisition Regulations (FAR), Subpart 31, � Based on our review we are issuing this memo establishing the Watershed Scienee& Engineering Indirect Cost Rate for fiscal year ending December 31, 2015, at 167.60%of direct iabor. Watershed Science&.Engineering provided a FHWA Certificate of Final � Indirect Costs indicating all costs included in the indirect cast rate scliedule coinply with FARs. ' _ Costs billed to agreeinents will still be suhject to audit af actual casts,based on the tenns and conditions ofthe respective agreement. This was not a cognizant review. Any other eatity contracting with fhe firm is responsibie for determining the acceptability of the Indirect Cost Rate. . If yau have any questions,feel free to call me at(360) 705-7U06,or via email at � han�cvs�wsdat.4V1.bOV, i i Cc: Steve McKerney � File � ! � �: i; , I `; � DOT Form l0U•DOB BF Rovisad 5189 I . Certification of Final Indirecf Cos�s � Firm Name:Watershed ScienCe 8 Engfneering,Inc • Indfrect Cost Rake f'roposal: ts�.so�� Date of Proposai Prepa�atian(rnmldd/yyyy):q�z2�zo�s Flscai Period Covered(mmldd/yyyy to mmldd/yyyy): 1/1l2015-12i3i/2015 1, fl�e unders�gned, certify lhat 1 have revfewed fl�e proposa!lo estabpsh�nal rndirecf cost rafes for the fiscat period as specified above and to the b�st ofmylcnowledge and belief.• • 'l.)All cos�s included!n thfs proposal to establisft f�n�t lndtrect aast rsfes are Allowal�le 1n accor�ance wrth the cost priner�tes of the Federal Acqufs/tlon Regulations(FAR)of tltle 48, Code of Federa!Regc►latlons(CFR),part 31, 2.) This proposaf does not include any costs whlch are expressiy unatlowable under the cosf . principles of the FAR of 48 CFR 31. A!!known ma(eria!transa�tions or evants that have occurred affecfing fl�e flrm s ownersl7ip, orga�2izafion arTd inc!lrect cost retes have been discicrsed. Signature; •��/�-" f`t•-- Name of Gertifying Official*(Print): �arry Karpack Title: Vtce Pres�dent Date af Certification(mmldd/yyyy);�i2s�2ois . , i � 'The"Certifying Official"must ba an Individuai sxecutive or flnancial o#Icer of the firm at a tevel j na lower thaii a Viee President or ChieE F{nancial Officer,or equivalent,who has the authority to represent tMe financial informatfon utilized to eskablish the indirect cost rate for use under Agency ; contracts. � Ref. �HWA Directive q470.1A available on lin�at: � - httn:liwww.fhwa.doi.govlle,.gsregs/directiveslorders14d701a htm , i ' � 1 �' O/f-I Certificati�n;Nov 2Q10 ( Watershed Science and Engineering,Inc. Indirect Cost Rate Schedule ' For the Year Ended December 31,2015 Financial StatemenE Accepted DescripNon Amaunt WSE Adj. WSDOT Adj. Ref. Amount % Direct LAbor(billable and non-billable) $458,845 $458,845 100.00% Indirect Costs: � Fringe Benefits Paid Time Off $96,148 $96,148 20.95% Payroll Taxes 62,070 ($2,313) L 59,757 13.02% Health Insurance 75,780 75,780 16.52% 401-k Platt Match 27,602 27,602 6.02% Total Fringe Benefits $261,600 $0 ($2,313) $259,287 56.51% General Overhead Indirect Labor $218,434 ($192) A $218,242 47.Sb% Labor Variance(and Uncompensated OT) (4,480) (70) K (4,550) -0.99% Incentive Bonus 149,331 (25,050) B 124,281 27.09°10 Rent 52,023 52,023 11.34% Maintenance&Repairs - - 0.00% Commuting and Parking 6,645 6,645 1.45% Trave] 2,691 2,691 0.59% Travel-Meals 1,495 1,495 0.33% Insurance 10,361 10,361 2.26% Telephone 7,356 7,356 1.60% Utiliries 2,200 2,200 0..48% Licenses 1,611 1,611 035% Depreciadon&Amortization 4,631 4,631 1.01% Dues&Regish-ations 5,751 (48) C 5,704 1.24% Employee Train/RecruitlMoving 3,757 3,757 0.82% Advertising 84 (84) D - 0.00% Accounting,Payroll&401K Services 4,587 4,58.Z 1.00% Legal Services � 7,250 7,250 1.58% Computer 10,686 10,686 2.33% Supplies&Miscellaneous 815 815 0.18% Equipment - - 0.00% Employee Food and Water 1,991 1,991 0.43% Employee Entertainment 5,784 (5,784) E - 0.00% Gifts 65 (65) F - 0.00% Printing and Reproduction 3,331 3,331 0.73% Books and Periodicals - - 0.00% Bank Chazges(not interest) 250 250 0.05% Interest and Late Charges 644 {644) G - 0.00% Postage,Shipping,Delivery 188 188 0.04% B&O Tax 41,815 41,815 9.11% Income Tax (4,839) 4,839 H - 0.00% Property Taac 1,096 1,,096 0.24% Page 1 of 2 Watershed Science and Engineering,inc. Indirect Cost Rate Schedule For the Year Ended December 31,2015 Financial Statement Accepted Description Amount WSE Adj. WSDOT Adj. Ref. Amount % Penaldes&Fines 4 (4) I - 0.00% Business Development � 1,260 1,260 0.27% Charitable Donations 22,987 (22,987} ' J - 0.40% Total General Overhead $559,805 ($50,088) $0 $509,717 111.09% Total Indirect Costs&Overhead $821,405 ($50,088) ($2,313) $769,004 167.60% Indirect Cost Rate , 179.02% 16&.10°10 167.60% Watershed Science and Engineering,Inc.-Reviewed&Accepted-4/ZO/2016 DJA "Indirect Cost Rate stiU subject to WSDOT Audit" References W5E AdJustments: A Unallowable advertising labor costs removed,including salary overhead per 48 CFR 31.205-1 B Excess Gompensation unallowable per 48 CFR 31.205-6(p)(3)(ii) C Unallowable lobbying costs removed per 48 CFR 31.205-22 D Public relations and advertising unallowable per 48 CFR 31.205-1. � E Entertainment unallowable per 48 CFR 31.205-14. F Gifts unallowable per 48 CFR 31.205-13(b) G Interest unallowable per 48 CFR 31.205-20. H Income taxes unallow�ble per 48 CFR 31.201-4 I Penalties and fines unallowable per 48 CFR 31.205-15(a) J Charitable contributions unallowable per 48 CFR 31.205-8. K Firm reconciling labor adjustment per 48 CFR 31.201-4. WSDOT Adjustments: L Directly associated payroll costs related to unallowable advertising and excess compensation _$2,313 unallowable per 48 CFR 31.201-6(a) Page 2 of 2 Exhibit F Title V/Assurances During the perfarmance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 RP�;�P��nisnian�d Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Eahibit G-1(b) Certification of City of Renton Exhibit G-2 Certification Regarding Debarnient, Suspension and Other Responsibility Matters - Primary Covered Transactions E�hibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Rp��p.��ni�ni�ma Exhibit G-1(aj Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of BergerABAM Inc. whose address is 33301 Ninth Avenue S., Suite 300, Federal Way, WA 98003 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 ar 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. BergerABAM Inc. Consultant(Firm Name) �I/ , 6/23/16 Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 ap�;�P��ni3ni�md Exhibit G-1(b) Certification of ciry of Renton I hereby certify that I am the: Q Certified Authority (CA) ❑ Other of the City of Renton , and BergerABAM, Inc. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm,person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the 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. �i � Signature Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 RP�;�P��ni�ni�n�d Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3)year period preceding this application/proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BergerABAM Inc. Consultant(Firm Name) 6/23/16 Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 RP�;�p��nisnian�a 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 atteinpting to influence an officer or employee of any Federal agency, a Member of Congress, a officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. BergerABAM Inc. Consultant(Firm Name) 6/23/16 Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 RP�►�p��ni�ni�n�d Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of NE 31st Street Bridge Replacement Project * are accurate, complete, and current as of April l, 2016 **. 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: BergerABAM Inc. Vice President Signature Title Date of Execution***: 6/23/16 *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identif}�ing number(e.g.project title.) **Insert the day,month,and year,when price negotiations�vere concluded and price AGREEMENT�vas reached. ***Insert the day,month,and��ear,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Namber: CAG-15-207 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 RP�►�p��nisni�n�d Exhibit H Liability /nsurance /ncrease To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $No change. . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$No change. . 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: $Not applicable. . • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Rp�;�p��ni�ni�n�a Exhibit l Alleged Consu/tant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager pocuments the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit/ Page 1 of 2 RP�;�p�►�ni�ni�n�a Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit I Page 2 of 2 RP��P��ni3ni�n�d Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claiin; • 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 far the claim.After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit J Page 1 of 2 ap�►�P��ni�ni�ma Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: CAG-15-207 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 RP�;�p�►�ni�ni�n�a