HomeMy WebLinkAboutContract CAG-17-075
� Local Agency A&E P ofessional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number: CAG-17-075
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 BHOS-1070(O10)
UBI Number Federal TIN or SSN Number
601-110-595 91-1422812
Execution Date Completion Date
C7 Ic�-� � �-C>>� December 31, 2018
1099 Form Required Federal Participation
❑ Yes Q No Q Yes ❑ No
Project Title
N 27th Place Bridge Scour Repair
Description of Work
The City of Renton is planning to repair scour damage and install scour countermeasures to the the N 27th Place
Bridge (Renton-30). The existing bridge is structurally deficient with a scour code of 2. The bridge crosses over
Kennydale Creek. The City has secured FHWA funding for design, environmental permitting, right-of-way
acquisition and construction.
The work to be perfarmed by the consultant in this contract includes construction management and inspection
services and engineering support during construction.
❑ Yes Q No DBE Participation Maximum Amount Payable: $99,684.00
Q Yes ❑�/ No MBE Participation
❑ Yes Q No WBE Participation
Q Yes Q No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
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THIS AGREEMENT, made and entered into as shown in the"Execution Date" box on page one (l) 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.
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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit"B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation
outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount
of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS perform
a minimum of 30%of the total amount of this AGREEMENT.
The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C—
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or(ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: 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: 206-431-2333
Facsimile: 425-430-7376 Facsimile: 206-431-2250
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES.
The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements -Direct(Raw) Labor, Indirect Cost Rate,
and 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.
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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 thirty (30) calendar days of notice of the overpayment. Such refund shall not
constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY
of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures,"the
CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to
the AGENCY for audit findings.
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.
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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 39.76.01 l.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion,to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
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VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount,which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs in accordance with the termination for other than default clauses listed previously.
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The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as
set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation 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
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to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the ST�►TE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b)the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of 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.
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Local AgencyA&E Professional Services Negotiated Hourly Rate ConsultantAgreement Page 9 of 14
Revised 4/10/2015
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 O1 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 O1 10 O1 or equivalent providing coverage for
any "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-17-075
Local AgencyA&E Professional Services Negotiated Hour/y Rate ConsultantAgreement Page 10 of 14
Revised 4/10/2015
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty(30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above,the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
AgreementNumber: CAG-17-075
Loca/Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14
Revised 4/10/2015
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.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or(ii)returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acyuired 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.
AgreementNumber: CAG-17-075
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14
Revised 4/10/2015
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure reyuest 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-17-075
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14
Revised 4/10/2015
For purposes of this AGREEMENT, "ESI"means any and all computer data or electronic recorded media of any
kind, including"Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs,floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and/or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
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16 May 2017
Signature Date
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Agreement Number: CAG-17-075
Local AgencyA&E Professional Services Negotiated Hourly Rate ConsultantAgreement Page 14 of 14
Revised 4/10/2015
Exhibit A
Scope of Work
Project No. TED4003844
See Exhibit A-1, attached.
Agreement Number: CAG-17-075
WSDOT Form 140-089 EF Exhibit A Page 1 of 1
Revised 10/30/2014
EXHIBIT A-1-SCOPE OF WORK
CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES, PLUS ENGINEERING SUPPORT
SERVICES
CITY OF RENTON-NORTH 27TH PLACE BRIDGE SCOUR REPAIR
PROJECT DESCRIPTION
North 27th Place is a low-volume local access street servicing a residential development. The
Narth 27th Place Bridge(Structure ID: 08815400)spans over Kennydale Creek. The culvert,built
in 1999, is a 20+foot simple span comprised of three-sided precast concrete with a shallow
arched top. The culvert is founded on cast-in-place spread footings. MSE walls contain the
roadway fill over the culvert. There is approximately 20 feet of fill on top of the culvert. Access
to the culvert is difficult due to its location within a steep ravine.Due to incising of the channel
through the reach of the culvert, the upstream right bank spread footing has been locally
scoured.
The design of this project is complete.It includes the use of sheet piles installed at the upstream
and downstream end of the culvert to control hydraulic head cutting inside the culvert. It also
includes installation of an armored channel section inside the culvert to prevent further scour.
PURPOSE
The City of Renton(AGENCY) is requesting A&E Professional Services from BergerABAM Inc.
(CONSULTANT) to perform construction management, inspection, and engineering support
services during construction of the North 27th Place Bridge Scour Repair Project.
This contract provides for two types of services during construction of this project.
• Construction Administration and Inspection(CA&I)Services
• Design Construction Support Services(DCSS)
GENERAL ASSUMPTIONS
The following scope and associated costs are based on the assumptions outlined below.
• Federal Highway Administration(FHWA) funds are being utilized for construction
management,inspection, and engineering support services included in this contract.
Therefore, this contract is subject to all rules and regulations associated with this funding
source.
• Any task or deliverable requested by the AGENCY 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 AGENCY to use Management
Reserve Funds,if available. This request shall summarize the scope of additional work
broken into tasks. For each task, the request shall list the job classifications of those
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Kepair Project May 2017
Renton,Washington Exhibit A-1 Page 7
individuals proposed to perform the work and associated rates of pay, along with the
estimated hours. Once received,the AGENCY will evaluate the request. If approved, the
AGENCY will issue a notice to proceed (NTP)in writing. Once received, the
CONSULTANT may proceed with the additional work.
— The CONSLILTANT provides a draft supplemental agreement to the AGENCY for
review and negotiation.The supplemental agreement shall be complete. It shall include
the scope of additional work broken into tasks.For each task, the request shall list the
job classifications of those individuals proposed to perform the work and associated
rates of pay. along with the estimated hours. The AGENCY will review the
supplemental agreement.Once complete, further negotiations may occur between the
parties. Once a scope of work and budget is agreed to, one signed original supplemental
agreement,in Adobe Acrobat.pdf format, will be delivered to the AGENCY,by the
CONSULTANT, for execution by the AGENCY.Once executed, the AGENCY will issue
a NTP in writing.Once received, the CONSUTLANT may proceed with the additional
work.
• The AGENCY is responsible for the following, as necessary.
— Reserve and arrange conference room(s) as necessary,for meetings held at Renton City
Hall.
— Prepare and mail project notices, as required.
— Prepare and publish all public notices, newsletters, and press releases for this project.
— Host and update a project website.
— All coordination with franchise and public utilities, as necessary.
— Provide environmental support services during construction with a consultant,under a
separate contract with the AGENCY.
• The AGENCY and CONSULTANT recognize that the budget for these services needs to fit
within the overall budget for the project,but that the level of services also needs to be
sufficient to administer and inspect the project and to provide adequate records to meet the
Washington State Department of Transportation(WSDOT) standards to pass
WSDOT/FHWA audits.
• The AGENCY and CONSULTANT recognize that efforts to provide services under this
agreement can vary considerably from estimates utilized to develop the maximum amount
payable for this agreement. Some tasks may cost more and other tasks may cost less.
Budgets for tasks assigned to CONSULTANT may be adjusted between CONSULTANT
assigned tasks as long as the maximum amount payable for this agreement is not exceeded.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page 2
However,budgets assigned to subconsultants may not be exceeded or used for other tasks
without a supplement to this agreement.
Other task-specific assumptions are provided with each task.
TASK 1.0 CONSTRUCTION ADMINSTRATION AND INSPECTION(CA&I)SERVICES
The following items are to be performed by the CONSULTANT,under this task.
Assumptions for Task 1
• Budget: The budget for this task is based on a construction contract with 35 working days
plus project start up and closeout. Refer to E�chibit D for an estimate of staffing level
requirements. The AGENCY and CONSULTANT recognize that the staffing level
requirements will be adjusted to the contractor's schedule.The budget also assumes that the
work will be conducted in 2017.
• Field Office: It is assumed that the construction contract will not include the provision of an
office facility for the construction administration team.If possible,the AGENCY will
provide an office facility for the CA&I staff to complete documentation for the project.
Therefore,no costs are included in the fee estimate for an office facility.
• Field Office Ec�ui�ment and Su�lies: The CONSULTANT will provide computers, laptops,
tablets,cell phones, and other office supplies required for the CONSULTANT staff to
perform work on this project.
• Vehilcles and Milea�e: CONSULTANT field staff shall be compensated for mileage to and
from the permanent duty station(Federal Way Office) to the site or from home,whichever is
less. CONSULTANT field staff shall be compensated for mileage traveled at the site as long
as the travel is for project-related work activities.
• No efforts and/or costs are included in this task to accommodate discovery, testing, and/or
disposal of hazardous materials from the site.
Under CA&I, two basic subtasks will be provided as follows.
Subtask 1.1 Project Startup
The CONSULTANT shall provide start-up services for the construction administration team to
review contract plans and specifications for inspection requirements;develop preliminary
inspection assignments;establish a project file system;attend meetings with the AGENCY,
utility companies, and others;and establish form/systems for tracking required items. The
purpose of these start-up services is to have the construction administration team ready to
respond to contract requirements immediately after issuing a notice to proceed (NTP) for the
construction contract.
Contract administration duties will be provided up to the contract completion date to facilitate
close out of the project.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page 3
The CONSULTANT,if requested, will conduct a prebid meeting in conjunction with the
AGENCY.
The CONSULTANT,if requested, will facilitate a bid review meeting with the AGENCY and
apparent low bidder, and forward documentation of the meeting and recommendations to the
AGENCY.
The CONSULTANT,if requested, will conduct a precon meeting in conjunction with the
AGENCY.
Deliverable(s)
• Prebid meeting agenda and powerpoint presentation
• Bid review meeting agenda, documentation, and recommendations
• Precon meeting agenda and powerpoint presentation
• Meeting notes for above referenced meetings
Subtask 1.2 Construction Administration and Inspection
The CONSULTANT will assist the AGENCY in preparing contract documentation, data, and
reports required by WSDOT for receiving FHWA funding.
CONSULTANT will monitor total costs expended under this agreement and will notify
AGENCY when costs have reached 25,50, and 75 percent of the maximum amount payable
authorized under this agreement. At each cost milestone, CONSULTANT will meet with the
AGENCY and will jointly develop an estimated amount to complete the work. If
CONSULTANT costs for the remaining work under this agreement are estimated to be higher
than the original amount in this agreement, the remaining work above the amount authorized
will not be performed without prior written authorization from the AGENCY.
CA&I Staffing
Under these services, the CONSULTANT will provide staff for the following positions at the
construction site. More detailed descriptions of the duties of these staff are described in the
following section.
• Proj ect Manager-The Project Manager,who will be part time, will oversee all construction
management operations for the project. This includes overseeing mock audits of the
construction documentation files, assisting the Resident Engineer and AGENCY in resolving
Contract issues, and assisting the Resident Engineer with technical expertise far
miscellaneous construction elements. T'he Project Manager will monitor the Construction
Administration and Inspection scope, schedule, and budget, and produce monthly invoices
and projects reports for work performed under this Contract.
• Resident Engineer-The Resident Engineer will be part time and will be experienced in
construction administration and inspection procedures on large federally funded road and
bridge projects to oversee all activities on the project site.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page 4
• Project Inspector-The Project Inspector will be experienced in all aspects of road and
bridge construction on large federally funded projects. He will monitor and track all daily
activities on the project. He will coordinate with the Resident Engineer in scheduling
subconsultant inspections of the work.
• Document Control Specialist-The Document Control Specialist will be experienced in
federally funded projects to organize and maintain all project records and materials
documentation in accordance with FHWA/WSDOT requirements. This position will also
assist with any supplemental inspection needs and facilitate audits with WSDOT, FHWA,
and others.
Job Descriptions for,Duties of,and Prospective CA&I Staff
More detailed job descriptions, duties, and prospective personnel for each of the key positions
are described below.
Project Manager-Bob Lee(BergerABAM)
Position reports to AGENCY(Derek Akesson) and BergerABAM(Bob Fernandes).
Job Descrfption
The Project Manager will monitor the Construction Administration and Inspection scope,
schedule, and budget, and produce monthly invoices and project reports for work performed
under this Contract. He will also assist the team by conducting mock audits of the construction
documentation files, assisting the Resident Engineer and AGENCY in resolving Contract issues,
and assist the Resident Engineer with technical expertise for construction of the project.
Duties include
It will be the responsibility of this position to ensure that project staff is trained and aware of
elements of construction inspection, project documentation, and materials testing in accordance
with the WSDOT Construction Manual,WSDOT Standard Specifications, and Local Agency
Guidelines.
The Project Manager will produce monthly invoices and project reports for all work performed
under this agreement.
Resident Engineer-Ed Cline,PE(BergerABAM)
Position reports to AGENCY(Derek Akesson) and BergerABAM(Bob Lee).
Job Descrfption
The Resident Engineer supervises the inspection team and Document Control Specialist. The
Resident Engineer is responsible for the daily operations and functions of the field and office
staff for the Project. The Resident Engineer will work closely with AGENCY to keep the
AGENCY informed of the progress of the project in regards to scope, schedule, and budget.
The Resident Engineer will be the main contact for AGENCY.
Duties include
• Conduct an initial safety analysis,including potential job site safety hazards for all
CONSULTANT site personnel. Review the Contractor's Health and Safety Plan and ensure
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page 5
CONSULTANT and subconsultants are aware and understand the elements of the plan.
Conduct and document monthly safety meetings for CONSULTANT staff.
• Review and evaluate construction documents.
• Establish construction administration tasks.
• Oversee construction contract administration and field inspections.
• Oversee the materials documentation filing system in conjunction with the Document
Control Specialist. This will include overseeing project staff in updating the Record of
Materials(ROM), at a minimum, of a weekly basis; processing/distributing and filing QPLs,
ensuring that approval codes are acted upon;using the WSDOT on-line aggregate source
approval database;processing RAMs for signature and distribution; and final processing
and filing of certs, CMOs, materials inspection reports,field density reports, concrete test
reports,HMA gradation test reports,HMA density reports, approved for shipment
documentation, and all other information regarding materials.
• Supervise field staff in practices and procedures of codes, regulations, federal, state, and
local contract requirements;oversee contract compliance.
• Facilitate weekly construction meetings.
• Supervise construction project inspection.
• Oversee or prepare correspondence, records, and change orders during construction of the
project.
• Supervise staff to ensure adequacy of field project notes and monthly estimates for progress
payments.
• Act as a resource and lead with federal and state auditors ensuring appropriate contract
compliance.
• Ensure personal protective equipment is available in the job site office.
• Draft or delegate drafting of serial letters to the contractor.
• If the contractor requests additional compensation for any item, the Resident Engineer will
determine entitlement. If entitlement is warranted, then the Resident Engineer will evaluate
any cost and/or schedule impacts, and review response with AGENCY staff.
• Draft change orders.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Pagc 6
• Facilitate and/or lead change order negotiations with the contractor. The negotiations will
be done in conjunction with the AGENCY representative or other AGENCY officials with
signatory authority.
• Supervise and guide office staff in initial setup of project files, documentation flow, and
computer systems.
• Ensure that design team support staff is notified promptly of potential field design revisions
and/or changes. Supervise and oversee office staff personnel in routing RFIs, shop
drawings, and other information to design team support staff.
• Provide coordination for material testing in accordance with WSDOT and FHWA
requirements. This will also include coordination with items inspected by WSDOT
fabrication inspectors.
• Coordinate with the project design team for reviews and/or special inspections.
• Maintain a record drawing set,following the procedures listed in Special Provision 1-05.18.
• Review contractor maintained record drawing set, following the procedures listed in Special
Provision 1-05.18.
Lead Project Inspector-Blake Nelson or TBD(BergerABAM)
Position reports to Resident Engineer(Ed Cline)
Job Description
This position will assume the day-to-day inspection activities for civil and structural elements
on the Project. The Lead Project Inspector will work with the Resident Engineer in coordinating
all subconsultant inspections assigned to the project.
Dutles include
• Complete Inspectors Daily Reports recording all site activities;contractor and subcontractor
workforce; materials delivered;bid items worked on;conversations with the contractor; and
record of daily traffic control operations.
• Complete and/or review field note records for payment. Ensure items for payment have
complete documentation prior to payment. This includes materials documentation, such as
RAMs, certs, samples, and approved for tags or other. For QPL items,ensure that approval
code action is completed.
• Take preconstruction photographs,periodic photo records during construction, and post-
construction project photos.
• Provide inspection records,including a record of field changes for use in preparing record
drawings.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page 7
• Coordinate scheduling of materials testing lab personnel with the Resident Engineer.
• Coordinate scheduling of geotechnical inspector, as needed,with the Resident Engineer to
document activities of sheet pile installation.
• Conduct weekly environmental walk-through inspections with the contractor and
AGENCY's environmental consultant.
• Be first level to resolve field disputes with contractors.
• Evaluate issues of concern and develop corrective actions based on the Contract.
Document Control Specialist-Dana Salyer or TBD(BergerABAM)
Position reports to Resident Engineer(Ed Cline).
Job Description
The Document Control Specialist will work under the direction of the Resident Engineer at a
construction site field office in the collection, logging, distribution, and processing of all
incoming and outgoing office correspondence. This position will assist the Resident Engineer in
updating and keeping current the project filing system, including materials documentation
system.The Document Control Specialist will use Newforma to track all incoming and outgoing
correspondence and the AGENCY will have access to the system. The position will compute
and/or check field note records for payment and enter into the project ledger. The Document
Control Specialist will assist the Resident Engineer to ensure that all applicable materials
documentation for each bid item within a progress payment is received prior to payment for the
individual bid items. All EEO documentation, including required forms to be submitted by the
contractar,will be processed and tracked by this position;this will also include checking
payrolls for compliance to Contract requirements.The Document Control Specialist will track
and report status of COA DBE subcontractors and project training.
Duties lnclude
• Assist the Resident Engineer with elements of the materials documentation system.This
includes processing QPLs and RAMs, updating the project ROM, and coordinating with the
Project Inspector to ensure all materials delivered to site are approved for incorporation and
all documentation is in hand.
• Assist the Resident Engineer in computing and/or checking field note records,
collecting/computing and/or checking totals of item quantity tickets,entering pay
information into the project ledger or checking information entered into project ledger, and
running monthly pay estimates. Check progress estimates for accuracy, completeness, and
then submit to the Resident Engineer for review with the contractor. After review, make
any revisions and submit to the Resident Engineer for final reviews and processing.
• Assist the Resident Engineer in filing all field note records submitted for monthly progress
payments into the office field note record books. File and reference all item quantity tickets
and any backup tickets for neat line items in the office file cabinet or storage boxes. Check
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page 8
to ensure that all items paid by neat line that require cross section and end area information
and calculations are submitted with such. File and reference all backup information in the
project files or backup boxes.
• Assist the Resident Engineer in the processing of force account bid items. This includes
contractor and subcontractor personnel weighted wage rates,contractor and subcontractor
equipment rates, and all backup information to determine the rates. Complete the
calculation portion of the Inspector's Daily Report of force account. This will include
entering the weighted wage rates and equipment rates, then totaling and applying
applicable markups to determine total compensation in accordance with WSDOT Standard
Specification 1-09.6. Maintain all backup information for payment of force account items.
• Assist the Resident Engineer in collecting,compiling, packaging, distributing, and filing all
change order backup information, including,but not limited to, serial letters, e-mails, verbal
and/or written approvals to proceed, independent estimates, and any other backup to be
included in each change order file.
• Attend meetings as requested by the Resident Engineer.
• Assist the Resident Engineer to ensure that all required contract forms and/or reports are
received from the contractor in a timely manner, processed, and filed. These include,but
are not limited to, Apprentice Utilization Plan,Statement of Apprentice Journeyman
Participation, Quarterly Report of Amounts Paid to DBE, Annual EEO Report, monthly
Utilization Report,Request to Sublet, and Notice of Intent to Pay Prevailing Wage.
• Process training plan, trainee requests, and payment of training for the project.
• Check weekly payrolls for prime contractor and all subcontractors to ensure applicable
contract prevailing wage rates and benefits are paid. Compare to employee interview
reports to ensure contractor field staff is being paid in accordance with the contract.
• Update and keep the project files, as new correspondence is received, current on a daily
basis.
• Update and keep the ROMs current on a weekly basis.
• Assist the Resident Engineer in the processing of incoming and outgoing correspondence,
such as serial letters, transmittals, submittals, materials information, shop drawings,
catalogue cuts, and miscellaneous documentation. This will include date stamping,logging
information into an Excel spreadsheet for tracking, distributing copies for routing, and
ensuring copies are placed in the project files.
• Attend preconstruction and weekly construction meetings to record and transcribe meeting
minutes and distribute to attendees for comment.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page 9
• Assist field inspectors in conducting or conduct Employee Wage Rate interviews and DBE
on-site reviews.
• Distribute office mail, draft and prepare written correspondence, and review routine
invoices for payment.
• Make copies of project documentation and/or scan information for distribution and
electronic filing.
Deliverable(s)
• Monthly invoices and project reports for work performed under this agreement
• Meeting notes
• Inspectors Daily Reports
• Monthly pay estimates,including all backup information to support payment
• Project photos
• Change orders,including all backup information and independent estimate
• Log of all project correspondence
• Project files in hard copy and electronic version
TASK 2.0 DESIGN CONSTRUCTION SUPPORT SERVICES(DCSS)
DCSS provides continuity of the design team through the construction process. Services to be
provided by the CONSULTANT design team during construction will include shop drawing
review, submittal review, and responses to contractor RFIs. Services may also include
adjustments to the project design to work around unforeseen site conditions. Services will
include site visits, attendance at project meetings, design team inspections, and preparation of
record drawings.
Services of subconsultants may be utilized under the task indicated below.
Assumptions for Task 2
• The subconsultant(s) will provide computers, cell phones, and other office supplies required
for the subconsultant staff.
• Vehilcles and MileaQe: Travel expenses for special inspections and project meetings
attended by CONSULTANT design staff and/or subconsultants, shall be invoiced on the
basis of mileage.
• No efforts and/or costs are included in this task to accommodate discovery, testing, and/or
disposal of hazardous materials from the site.
Under DCSS, five basic tasks will be provided as follows.
Task 2.1 Project Administration, Permitting Support,and Meetings
The CONSULTANT will attend project site meetings as necessary. It is assumed the
CONSULTANT will attend the preconstruction meeting and up to three weekly meetings.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page l0
This task also includes coordination of design services for both CONSULTANT, subconsultants,
and the CA&I staff.
Task 2.2 Requests for Information and Submittal Review
The CONSULTANT will respond to questions and RFIs by the contractor and shall review
contractor submittals as assigned by the CONSULTANT CA&I staff. It is assumed that up to 10
RFIs may be submitted. Submittal reviews are included in the accompanying fee estimate.
Deliverable(s)
• Responses to CONSULTANT CA&I staff to support RFIs and submittal review, as required
Task 2.3 Change Orders
The CONSULTANT shall provide revised plans and specifications as required to execute
change orders.
Deliverable(s)
• Revised plans and specifications will be provided, as required
• Independent estimates for proposed change orders (task under CA&I Services)
• Change order form to be in a format approved by the AGENCY(task under CA&I Services)
Task 2.4 Special Field Inspections
CONSiTLTANT design staff, geotechnical engineer, and hydrologist will provide part-time or
special inspections as shown below or as requested by the AGENCY.
Services to be provided by subconsultant,PanGeo
• Geotechnical observation for the installation of sheet piling
• Geotechnical observation of existing structural earth walls during pile driving
Potential services to be provided by subconsultant,Watershed Science&Engineering
• Special inspections by the hydrologist as needed or as requested by AGENCY
Deliverable(s)
• CONSULTANT design staff and/or subconsultants will provide written inspection reports
whenever on site to conduct these inspections. These reports will summarize the date of the
inspection,time of arrival and departure from site, purpose for the site visit, and the
observation(s) made as they relate to that purpose
• Pile driving logs for sheet piling
Task 2.5 Record Drawings
The CONSULTANT shall prepare a record set of drawings for the AGENCY that reflect field
changes(additions, modifications, or deletions) to the bid drawing set during construction. The
record drawing set shall include any drawings revised or reissued during construction as a
result of change orders and shall include changes resulting from RFI responses. The basis for
the record drawings shall be a set of bid drawings redlined with changes by the
AGENCY/CONSULTANT field staff and supplied to the CONSULTANT design staff. These
drawings shall be noted as"record drawings" in the drawing revision block, and shall be
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page 11
stamped and sealed by registered professionals.The intent of the record drawing set is to
provide the best information available to capture significant field changes,but not necessarily,
every minor change that may occur.
Deliverable(s)
• One full-size plan set and one half-size plan set(11x17) in PDF format. plus CAD files on
one compact disk
TASK 3.0 MATERIALS TESTING SERVICES
The subconsultant, Mayes Testing Engineers, Inc., a Terracon Company, shall provide materials
testing services on materials incorporated into the project. Field testers and laboratories shall be
certified to perform materials testing in accordance with WSDOT Local Agency Guildlines,
WSDOT Construction Manual, and WSDOT Materials Manual.The sampling methods, testing
procedures,evaluation of testing data, and documentation of testing results shall be in
accordance with the WSDOT manuals listed above and the construction contract provisions for
this project.
Deliverable(s)
• Material test reports summarizing testing results and other associated documentation, as
applicable
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0108.00
North 27th Place Bridge Scour Repair Project May 2017
Renton,Washington Exhibit A-1 Page 12
Exhibit B
DBE Participation
Not applicable.
Agreement Number: CAG-17-075
WSDOT Form 140-089 EF Exhibit B Page 1 of 1
Revised 10/30/2014
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
L Surveying, Roadway Design& Plans Preparation Section
A. Survey Data
Standard: City of Renton Survey Control Network and Standards, 2000
Format: Autodesk, AutoCAD Civil 3D,Note: Consultant's version shall be compatible with City of
Renton's version, at the time of submission of deliverables. For 2015, City of Renton version is AutoCAD
Civi13D 2015.
Transmission: Compact Disk, DVD and/or Flash Drive
B. Roadway Design Files
Standard: Washington State Department of Transportation, Local Agency Guidelines, December 2015
Format: Autodesk, AutoCAD Civi13D, Note: Consultant's version shall be compatible with City of
Renton's version, at time of submission of deliverables. Far 2015, City of Renton version is AutoCAD
Civi13D 2015. Adobe pdf for plan sheets and/or roll plots.
Transmission: Compact Disk, DVD and/or Flash Drive
C. Computer Aided Drafting Files
Standard: City of Renton Drafting Standards for Road, Bridge and Municipal Construction, 2004
Format: Autodesk, AutoCAD Civi13D,Note: Consultant's version shall be compatible with City of
Renton's version, at the time of submission of deliverables. For 2015, City of Renton version is AutoCAD
Civi13D 2015. Use sheet border and title block as provided by the City of Renton.
Transmission: Compact Disk, DVD and/or Flash Drive
AgreementNumber: CAG-17-075
WSDOT Form 140-089 EF Exhibit C Page 1 of 4
Revised 10/30/2014
D. Specify the Agency's Right to Review Product with the Consultant
Agency retains the right to review all deliverables listed in the Scope of Work as shown in Exhibit A.
E. Specify the Electronic Deliverables to Be Provided to the Agency
See Exhibit A.
F. Specify What Agency Furnished Services and Information Is to Be Provided
See Exhibit A.
Agreement Number: CAG-17-075
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 10/30/2014
II. Any Other Electronic Files to Be Provided
See Exhibit A.
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
Revised 10/30/2014
A. Agency Software Suite
Compatible with Microsoft Windows 7, Microsoft Office 2010
B. Electronic Messaging System
Compatible with Microsoft Office Outlook 2010
C. File Transfers Format
Compatible with Adobe pdf, ZIP files, Microsoft Office: Ward(2010), Excel (2010), Project(2010),
PowerPoint(2010), Publisher(2010)
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 10/30/2014
Exhibit D
Prime Consultant Cost Computations
See Exhibit D-1, attached.
AgreementNumber: CAG-17-075
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Revised 10/30/2014
EXHIBIT D-1-CONSULTANT FEE DETERMINATION CA plus DCSS Costs
N 27TH PLACE CULVERT SCOUR REPAIR PROJECT 5nsno��
PAGE 1 OF 8
Construction Administration and Inspection(CA&I) Task 1.1,Task 1.2 and Task 3.0
DIRECT SALARY COSTS(DSCI for BerqerABAM
Personnel Hours Rate Cost
1 Project Manager 4 X $59.95 = $ 240
FY 2018 15 $61.15 $ 917
FY 2019 0 $62.37 $ -
2 Resident Engineer 24 X $56.63 = $ 1,359
FY 2018 84 $57.76 $ 4,852
FY 2019 0 $58.92 $ -
3 Projectlnspector 24 X $33.65 = $ 808
FY 2018 260 $34.32 $ 8,924
FY 2019 0 $35.01 $ -
4 Document Control 24 X $33.65 = $ 808
FY 2018 112 $34.32 $ 3,844
FY 2019 0 $35.01 $ -
BERGER/ABAM Hours,TOTAL 547 Subtotal Direct Salary Costs(DSC)_ $ 21,752
Salary Escalation-Estimated Salary Escalation Costs are included in above rates $ -
Overhead(OH) 174.19% of(DSC+SE)_ $ 37,889
Fixed Fee(FF) 30.00% of(DSC+SE)= 6 525
TOTAL SALARY COSTS(DSC+SE+OH+FF)_ $ 66,166
SUBCONSULTANTS
Mayes Testing Engineers Inc.,a Terracon Company(Task 3.0) $ 3,325
TOTAL SUBCONSULTANTS-CA&I= $ 3,325
DIRECT NONSALARY COSTS IDNSCI
Printer(by contrector) g _
Copier(by contractor) g _
Fax(by contrector) g _
Cell Phones(3) Included in Overhead
RT/Mo Months RT Miles Mileage Rate
PM Mileage 4 2 52 $ 0.540 $ 225
RE Mileage 10 2 52 $ 0.540 $ 562
PI Mileage 21 2 52 $ 0.540 $ 1,179
DC Mileage 10 2 52 $ 0.540 $ 562
TOTAL REIMBURSABLE EXPENSES(DNSC)_ $ 2,527
TOTAL CA&I FEE DSC+SE+OH+FF+DNSC = $ 72,018
DESIGN CONSTRUCTION SUPPORT SERVICES(DCSS)COSTS Task 2.1 thru 2.5
BergerABAM $ 20,221
SUBCONSULTANTS
PanGeo $ 4,442
Watershed $ 3,002
TOTAL ESTIMATED DESIGN CONSTRUCTION SUPPORT FEES= $ 27,665
TOTAL ESTIMATED AMOUNT FOR CA&I+DCSS SERVICES = $ 99,684
EXHIBIT D-1 - CONSULTANT FEE DETERMINATION BergerABAM CA Rates
N 27TH PLACE CULVERT SCOUR REPAIR PROJECT 5/19/2017
PAGE20F8
Rate(July 1, Average Hourly
2016 to June 30, Percent(%) Hourly Wage Rate Including
Classification Name 2017) Participation Rate Escalation
Project Manager Bob Lee $59.95 PT $59.95
FY 2018 $61.15
FY 2019 $62.37
FY 2020 $63.62
$61.77
Resident Engineer Ed Cline $56.63 PT $56.63
FY 2018 $57.76
FY 2019 $58.92
FY 2020 $60.10
$58.35
Project Inspector Blake Nelson $33.65 FT $33.65
FY 2018 $34.32
FY 2019 $35.01
FY 2020 $35.71
$34.67
Document Control Dana Salyer $33.65 PT $33.65
FY 2018 $34.32
FY 2019 $35.01
FY 2020 $35.71
$34.67
$0.00
Exhibit D-1-CONSULTANT FEE DETERMINATION N 27TH PLACE CULVERT SCOUR REPAIR BergerABAM CAField Staff Hours
5/19I2017
CA61 STAFFING CALENDAR 27th St Scour Protection
Renton Brid es-Construction
Total Workin Da s
TASK 1.1
Consultant
Calendar ear 2017 2017 2018 2019
Month JAN FEB MAR APR MAY JUN FY2017 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY2018 JUL AUG SEP OCT NOV DEC JAN FY2019 Proect
Workin Da s er Month 23 20 22 22 TOTAL 20 23 20 21 20 20 21 19 22 21 22 27 TOTAL 21 23 19 22 20 20 21 TOTAL Total
Pro'ed Mana er Bob Lee BA 4 4 8 4 3 75 0 19
Resident En ineer Ed Cline BA 24 24 40 36 8 84 0 108
Ins ction Blake Nelsonl BA 24 24 160 700 260 0 284
Document Control Dana Sal er BA 24 24 40 40 32 112 136
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
Totals 0 0 0 0 0 76 76 248 180 43 0 0 0 0 0 0 0 0 0 477 0 0 0 0 0 0 0 547 D x
� _
m �
w �
O p
� �
w �
EXHIBIT D-1 - CONSULTANT FEE DETERMINATION BergerABAM DCSS Costs
N 27TH PLACE CULVERT SCOUR REPAIR PROJECT 5/19/2017
PAGE40F8
DIRECT SALARY COSTS(DSC)
Personnel Hours Rate Cost
1 Project Manager CS 14 X $77.84 = $ 1,090
2 Project Engineer ST 2 X $65.29 = $ 131
3 Civil Engineer BN 26 X $33.65 = $ 875
4 Structural Engineer GB 30 X $58.32 = $ 1,750
5 Designer-CADD LC 48 X $41.20 = $ 1,978
6 X = $ -
7 Admin, Clerical 12 X $34.23 = $ 411
Total Hours 132 Subtotal Direct Salary Costs(DSC)_ $ 6,233
Salary Escalation(SE)= 5°/a of DSC= $ 312
Subtotal(DSC+SE)_ $ 6,545
Overhead(OH) 174.19% of(DSC+SE)_ $ 11,400
Fixed Fee(FF) 30.00% of(DSC+SE)_ $ 1,963
TOTAL SALARY COSTS (DSC+SE+OH+ FF)_ $ 19,909
DIRECT NONSALARY COSTS(DNSC)
Mileage 208 miles @ $ 0.540 $ 112
Inspection EquipmentEquipment
Copies $ 200
TOTAL REIMBURSABLE EXPENSES(DNSC)_ $ 312
TOTAL AUTHORIZED AMOUNT = $ 20,221
PAYMENT
Services will be paid on a DSC multiplier equal to 3.042
EXHIBIT D-1-CONSULTANT FEE DETERMINATION BBrgerABAM DCSS Hours
N 27TH PLACE CULVERT SCOUR REPAIR PROJECT r��yplp��
PAGE50F8
BergerABAM DCSS Staff BergerABAM
TBSk Project ProJect Civil Structural Designer- Admin,
TASK DESCRIPTION �f0. Manager Engineer Enginear Engineer CADD Clerical T0�815
DESIGN CONSTRUCTION SUPPORT SERVICES
TASK 2.7-Project Admin&Meetings 2.1 4 - 8 14 8 - 10 44
Project Preconstruction Meeting q 4
Attendance at Weekly Site Meetings(1Mtgs) 5 5
Site Visits(2 site visits-1 persons each) 5 5
Quantity assistance - 8 8 16
Monthly Invoices and Progress Reports 4 10 14
TASK 22-RFI's&Submittal Review 2.2 8 - 8 16 - - - 32
Construction Access Plan 2 By CA&I Staff z
SWPPP By CA&I Staff _
Construction Stormwater 4 4
Dewatering Plan _
Drain Pipe and Structures By CA&I Staff _
Gravel By CA81 Staff .
CSBC&CSTC By CA&I Staff _
HMA By CA&I Staff _
Traffic Control Plan By CA61 Staff _
Sheet Pi�e Submittal 2 8 10
RFf's(Assume 10) 4 4 8 16
TASK 2.3-Change Orders 2.3 2 2 6 B �g
TASK 2.4-Inspections 2.4 - - - _ _ _ _ _
Included in CA&I Services and Task 1
TASK 2.5-Record Drewings 2.5 - 4 32 - 2 38
TOTAL ESTIMATED HOURS FOR DCSS 14 2 26 30 48 12 132
132
EXHIBIT D-1
PAGE60F8
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Ber��rABAM, Inc.
3330I Ninth Avenu�Sc�uth, Suite 300 �
F'ederal�'Vay, WA 98003-260�1
Subject: �.ceeptance F�'E 20l 6 ICR - Audit Offtce Re�riew
L3ear Ms. Megan Isaa�ks: .
Transmitted herewith is the WSL)aT Audit Offic�'s mema af"Acceptance" caf yc�ur
#`�rm's �YE 2016 Indisect Cost Rat�e(IGR}of 174.1'�%. This rate will be appli�able for ���
WSDOT Agreements and Lacal Agency Cantracts in Washingtan only. This rate rnay
be subject tt� additianal reviev�l if cansidered necessary by WSDCJT. Yaur IC'R must be
upda#ecl c�n an annual basis.
Ce�sts bilted ta agreementslcontracts will still be sabject to audit nf actual costs, based
c�n the terms and conditiorzs c�fthe respeetive agreementicontract.
This �uas not a ca�mizant re�iev�r. Any c�ther er�tity �cantractirs,� with your firm is
respansibte far det�rrninin�;the acceptability ofihe ICR.
If you have any questi�n�, feel fr�ee to cantact our affice at(360)705-7U19 or via�mail
cansuitantrates�c�ws€lot.wa,�a�.
Regards;
��
RIK K. Jt�N N
Manager, Consultant Services Office
EI�1:kms
�1i;cepiance�CR Audit(Jftice R�view
EXHIBIT D-1
PAGE70F8
BergerABAM,lnc.
indirect Cvst Rate Schedale
Foc the Year Ended i�9sy 31,2016
General f�irm Accepted
CEassificatiaa Led er Ad`ust. l2rL Amount %
Dire¢t A.abnr Base I 1.39�1,348 M 11,39d,3U8
Indirect S�t�ries
Prap�sal Admin Sa(aries 662,649 662.699 5.82°��,
Prc��asaU'NegafiutionSalmn�s 3.225,714 (5(�,445) �+.�r 3,168,769 27.£�1°l0
rldminislrakiveSalarics 2,597,d4f (3$,792! A 2,558,£t�19 22.=t5°sb
Payrul[Variance (I R,1 fi0 t -1$,16€� -t).I 6°%
(7�ce Su�apart Salaries ti 0 0.4Y0%
Accnunting Salaries 4RC�.t�4! 4�b,t}41 4.27°fb
�lous�kec�s�in�/Stby.Satari� d p 0.0(M/d
Pratessiona)Acti+rities Sal�rics Er1.68fi 64.h86 d1.57°�a
[:ducation&��'wnining Salaries ZS7,642 257,642 2.�6°fa
IZi�.SL`21R:r12117(r�CVC�O(}EtlCq[ �(Y„��4 1(Y,��� d.���ip
Carnputer Salary 34S,Q20 345,024 3.4?%
'1"oEalIr�directSalaries 7,6&7,597 (95,T37) 7,�4t.g6p 6b.63°ja
Fringe Brn�fitslS�tar}Uvcrhead
Incentive C�mpensatinn 4539,330 4t�9,33(1 3.59°io
VacaYian 1,408,263 1,4U8,263 1236°'0
Fioliday� G25,944 625,�394 ;5.49"ro
:4ick l.wve 447,026 447,t326 3.93%
(3thcr i'ard[�ave 14,931 19,931 t�,I"3°ra
FICA I,4fil,0t?4 1.4ht.t�fl�i I2.87°/u
Fcdcral tJnc:mpiaymenE 13,685 13,b$5 O.12°Ja
fiWtC tlnem�lc�yment i 19,175i I 14,4SS l.t?�t°/q
Industrial fsrsurs��ce 6 �, p p�y,�p
tJSC.�[I WarkC'am� l�63<31& 143,3l8 1.2b°�o
Ciruup Insucance 1„9G7,�fi4 1,46'3,364 17.27°%
Retin:mcat Fxpense 43f3,126 (t324} 437.34� 3.8�1%
S�nc�it R�caverY 0 0.(3Q°�o
Fring�Hc�e6t d�clju:�trnc'ut (6,68�) H -6.882 -0.46°!0
't"�tts�i Frin�e BeneftsfSal.tluhd. 1.pS3.t02 (7.7CXi} 0 1A�15.3y6 61.�3°�a
Administrative F:xpenst�s
"1`ravelBcSubsistenee 2f)2,73ti {21:333) sx..F,;� C80,5t75 1.58°>0
Recruiting F'���s&�xpenses 69,417 fi9,417 D.l�k%
C.t�nt�ra�t Perscanncf 4�,N38 (28,ft63) 21,0T5 OJ t{"ro
Adve�tising 2,300 (?.3UU) e.<: 0 0.00'S�
Entcri3inment Exp�:n�e 0 O.t3Q".=o
Charitahl�Contributions 13 53� (13,523} �.e> 0 O,Qt1°/p
fimgloytx:Welftue 102.Z£{U (3i,71S} t�,�.t� 7(1.Sb4 0.62°�6
E�npt�yee Meats 97,219 (54,191} a.�,�.�; �3,028 D.3&"Eb
l�ibrary 2E,108 (l9fi) 20.<)12 0.1$°.�0
C'rcrf�ssional Activities 14,2�t9 (2,3?�� � 11.�33 t1.1Q°fo
F.tlueatiott&Training i��es 1�6,l�84 (49) ts Ef}6.8:�5 0.94°�a
Resaarch Xi[�v�1op�pc�ua 0 0 0-Ql�°�
C,cnerul Admin Is}2.99t {7.?03> u 95,7f�� 0.84°fn
Assa;iatiun Uues 87,214 (22,179? 0 65,Q9S U.S�°!o
�en�rat Liability Insur�c� �B�OQS (738) r.� 87,267 fl.77°lQ
Legai i�t�s [74,6�?3 (32,173) �3 IA'2.i2p 1.25n�o
Aceauntin�Fees 233,2�3 (97,9bR) x 135.315 1.14"/8
Proposal Adtninisccati�n �4d4,k(t6} (49,4�Q} a.�Q_N -544,3(i6 -�.7890
Prnposai&d�egc�tiati�n 0 O.OQ°fq
Ciffic�and We�rk Spar.e I,692,�G4 B 1,692,+�fi4 lA.BS",u
Operatin�Expense 7�.975 s 7i,97g U.674b
Page I
EXHIBIT D-1
. PAGE80F8
BergerABAM,inc.
Indire�t Cost[i.ate Seheclule
�or the Year Enctecf Msy 31,20#6
C;ener�l Firm Aceeptad
Clsssiflcatioo I.ed er Ad'ast Ref. Amount °Jo
FumiEur�&Smalt Fqui�m4nt R,SS$ R,9S8 O,OR"o
Fam&S�naii(}ff'ior[���ar. �'13,2�>7 273.247 2.40%
CltTee F:quiptn4nt d q Q,pq°/a
C?�ceSupplies 62,126 r� b2.f?€+ p.SS�io
I�ietd[:quipmeni i4,195 lA,t94 �.I?0�a
Fielci Equip tlepreciaCian 67.010 67,O1p 0.59°la
rtuto Fucl&Mainteirance 47,551 47,�51 0.42°ro
Autc+EnsursKnce&t.ic4•nu 26.i32 � 26,i32 0?3"Fo
tlufip&'I'ruck I?epreciatiort 45,8(i5 4S,&QS 0.40°.0
�'ic6d Equr�a Rrcovery (t 13,9U2} -113,902 -i.d)(}°ro
I�elcply�ne 217,f379 217.i379 1.4I°lti
Posta�;e Bt FreighC 19,351 t4.351 fl.l7°io
12e�srtxiuCtitrn lb2,684 IG2,6$D 1.43°!0
PcrsonalPrc7perry'fs�x 2A,3A7 �4.30fi U:7t'�+�
Fidelity Ensurane� 31,�24 31,324 t?.27�10
Business&1'rof l..iccKtsc 42,C1&I 42,U4I t).3?°io
IatereSt�x�aSe 3,0?2 {3,t172) c f1 (1,(�W/a
F.rtor&Chnissions tnsurance 6UO,t741 i,a 6(Ht.U41 S 27°do
F3&(?T�xCs 53ti,753 53b,7$3 4.?1°0
C�ity.�tat4 and E�eral Taxes 539,3&b f 523.24f) c i G.14t1 O.14"fu
Computer Expe,�asc S9�},6%8 590.688 S.t 8�'�
Cc��nputer I?epn�ialicm 249,73U 249,731J 2.194ro
Mi;sc[ncoiue n� 0 O.tlO°%
Gain vr LQss Sa1e oTAsset (1g,394► -i 5,345 -0.14°1
Tptal hdmin'tsiratire Expenser 6,1�1,5b4 (440,965j 4 5,1$R,599 �5.47'�u
'1'oEattndirectCasrsuad4verbead 20.Sb2,263 (I,b44,Ap$) Q 19,8t7,$59 173.�2"'1�
�
ta�lirect C'ost Rate I.B3 t.94
F�cititics Cast of Capatat _ 31,U53 t7.27°to
�20,8b2,263 E�I„CM441,40R) 19.i�4&9Q8
17d.14%
Itcferences
Reoioveci b}�BergerABAt4�1
A lJnatlawable Prnflasal NegntiaEicrn Salanes(�56.'�45.3C)�nd Administrative salaric�(�38.792,Q4�.
t3 t7nallc�wabte aciministrative cxpenses. Firns tracks unailowablc exp�nses cm th�generaC led�er.
C ,�ldwertising un�(lowable p�r48 CFR 31.2U5-f{t�.
}� Cc�nt�ibutians unalluwvubie�ser 4A CF'R 31.2n5-R.
E Rc.xnoved by HergerlABAM in comptiance with vasious I�ARS regulations.
(� 'I'rawel and subsistence zhat are mer th�daity FAR alt�r�vable ratcs per 48 C�FA 3 t.2t��-�F6
G li�terest and ather financiai costs not al9awable pc:r 4�CFt2 31.20S-2Q
tl Fringe�enefit adjustment;dir�tly sss��ciatecl cast Ccr ui�aEfc���t�le adv4rtisin��pubiic relatit�ns�d diFeet
setling latsor unallowahlc per 48 Ct�R 3I.2�i-6(a)
1 t7�.Hermiain�allcywubillity-c<ssf��ro4�rty suaponc�e!with ad�°yuatc�acunmciatian are ulk»�able CFR 3f.20l-2(d)
,1 �`F�€t3!.?qt-3(b}(I)Lleteiminia�rractmahleaess-C��s�s�cnerafl}�ncyt rer�nized as ardinaxy a�r�i oece.^swry fpr the canduct of t�usirsess are unall�awable
K 'E'sxrs-Taac�#`ram rwhich exe�nptions are avaitable ta the conerarwr directly are uaallaw�able when the burden inc6dent to
abtainin�tFte exemption outwci�fis ihe correspand'rri�ben�fits accruing fu the CmvernEnent.C:FR 31,2QS-4 f(d}(3)
t. 'E'axrs-Fed�ral incamr and�xcess profits taxes ar�unatfownbl�
M T}esi�n build ic�ss adjusun�nes
N Lspat[owable sd�astments mn8e&om rondu�ting�t;yucnnt 1ludit-f f R39:22 fzc�m travcl.878.L farm mc�ls aad d234.�1 rernuvecl frona pre�pc�sal
f'age 2
Exhibit E
Sub-consultant Cost Computations
There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub-Contracting" of this AGREEMENT.
See Exhibits E-1, E-2 and E-3 attached.
AgreementNumber: CAG-17-075
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Revised 10/30/2014
EXHIBIT E-1 -SUBCONSULTANT FEE DETERMINATION PanGeo Costs
N 27TH PLACE CULVERT SCOUR REPAIR PROJECT 5/18/2017
PAGE 1 OF 4
DIRECT SALARY COSTS(DSC)
Personnel Hours Rate Cost
1 Principal 0 X $75.96 = $ -
2 Geotechnical Project Manager 12 X $64.90 = $ 779
3 Senior Geotechnical Engineer 4 X $52.88 = $ 212
4 Senior Geologist 0 X $42.37 = $ -
5 Project Engineer/Geologist 12 X $33.94 = $ 407
6 Technician,Admin,Clerical 6 X $30.29 = $ 182
� X = $ -
Total Hours 34 Subtotal Direct Salary Costs(DSC)_ $ 1,579
Salary Escalation(SE)= 5°/o of DSC= $ 79
Subtotal(DSC+SE)_ $ 1,658
Overhead(OH) 128.58% of(DSC+SE)_ $ 2,132
Fixed Fee(FF) 30.00% of(DSC+SE)_ $ 497
TOTAL SALARY COSTS(DSC+SE+OH+FF)_ $ 4,288
DIRECT NONSALARY COSTS(DNSC)
Mileage 100 miles @ 0.540 $ 54
Inspection EquipmentEquipment
Copies $ 100
TOTAL REIMBURSABLE EXPENSES(DNSC)_ $ 154
TOTAL AUTHORIZED AMOUNT = $ 4,442
PAYMENT
Services will be paid on a DSC multiplier equal to 2.586
EXHIBIT E-1-SUBCONSULTANT FEE DETERMINATION PanGeo Hours
N 27TH PLACE CULVERT SCOUR REPAIR PROJECT 5/18/2017
PAGE20F4
Principle Geotechnical Senior Geo Senior Project Project PanGeo
TBSk ProJect Engineer Geologist Engineer Coordinatar
TASK DESCRIPTION No. Manager Geologist Admin Totals
TASK 2.1-Project Admin&Meetings 2.1 - 6 - - - 6 12
Precon Meeting
Project Meetings NA
Site Visits(Up to 1 total for PM only) 4 4
Processing Monthly Construction Billings(up to 6 months) 2 6 $
TASK 2.2-RFI's&Submittal Review 2.2 - 4 4 - 4 - 12
Sheet Pile Submittal 2 4 6
RFI's(Assume up to 1) 2 4 6
TASK 2.3-Change Orders 2.3 _
TASK 2.4-inspections 2.4 - 2 - - 8 - 10
Sheet Pile Installation-1 Day 2 g 1�
TASK 2.5-Record Drawings 2.5 _
TOTAL ESTIMATED HOURS - 12 4 - 12 6 34
EXHIBIT E-1
PAGE30F4
,+�►
� 1�Vt�[sh�ngtan Sfi�rt� 7ranspartation Ruitdtng
�J'� t�ep�tr'tm�tt of Trsns��rti�r� ��o M����a�n�s.�.
P.{7.Box 473t30
�'�Y�P��WA 3$5d4-79t�(i
Lynn Pet�rson 36C1-TOS-7000
Secretary af Transpartaticsn 7'TY;7-SQO-833-6388
wwar.wsdo#.wa.gav
June 14,2Q 16
PanGEQ, Inc. '
3213 Eastlalce Avenue E, Suite B ,
Seattle, WA 9$102
Subject: Acceptance FYE 2015 ICR—Risk Assessment Review
Dear Ms. I�ristin Kimmerling: '
Based on Washington State Department of Transportation's (WSD(�T) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your praposed
FYE 2015 ICR of 122.5$%, 'This ICR acceptance is in accordance with 23 CFR 172.7
a�d must be updated on an annual basis. This rate may be subject ta 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 tertns and conditions af the respective agreementicantract.
This was not a cognizant, review. Any ather entity contracting �vith the firm is
responsible far determining the acceptability of the ICR. -
If you have any questians, feel free to contact our office at (3b0) 705-7104 ar via
email cansultantrates(c�wsdc�t.vva.�av.
Regards;
. SO
Manager, Consultant Services Office
EKJ:kms
AccEptance ICR Risk Assessmenk R�view
EXHIBIT E-1
PAGE40F4
PanGEO,Inc.
Overhead Schedule
2015
Proposed Adjusted
Description Amount Adj. ReE Amount %
Direct Labor Costs $1,074,073 -$53,020 G $1,021,052
General Overhead Elcpenses
DirectNonsalaryCosts $724,000 -$724,000 A $0 0.00%
Indirect Officers Salaries• 79,340 -976 B 78,363 7.67%
Indirect Teclmical/Admin Salazies 183,213 -420 B 182,792 17.90%
Bonuses 67,971 0 C 67,971 6.66°/
SEP-[RA Contribu[ion 362,703 362,703 35.52%
MedicaUDentalInsurance 196,617 196,617 19.26% �
Payroll Ta�ces 108,386 -107 B 108,279 10.60%
Advertising 745 -745 D 0 0.00% �
Amortization Expense 0 0 0.00%
Bank Service Charges 49 -49- F 0 0.00%
Computers 15,155 15,155 1.48%
Conhibutions 0 0 E 0 0.00%
Depreciation Expense 0 0 0 0.00%
Dues 8c Subscriptions 2,419 2,419 0.24% �
Employee Morale 2,333 2,333 023%
Employee Recruitment 70 70 0.01%
Field Supplies 6,925 6,925 0.68%
Fumiture and Fixtures<$1000 0 0 0.00%
Promolion 0 0 B 0 0.00%
GeneralLiabilityInsurance ],612 1,612 0.16%
ProfessionalLiabilityInsurance 76,728 76,728 7.51°/a
Interest Expense 0 0 0.00%
Licenses and Permits 3,Z72 3�z7z p_gzo�
O�ce Supplies/Moving expense 1,538 1,538 0.15%
Postage and Delivery 595 595 0.06%
Printing and Reproduction 139 139 0.01%
Prafessional Development 3,188 3,188 031%
Professional Fees 14,421 14,421 1.41%
Reference(Books/Maps/etcJ 811 811 0.08%
Rent 46,054 46,054 4.51%
, . Repairs 917 917 0.09%
Section 174 Depreciation Expenses 8,525 -8,525 0 0.00%
Small Claim Settlement ],000 -1,000 0 0.00%
B&O Taxes 60,392 6Q392 5.91%
PropertyTaxes 322 322 0.03%a
Telephone 10,546 10,546 1.03%
Entertainment 7,500 -7,500 B 0 0.00%
Meals/Travel 6,080 -409 B 5,671 0.56°/a
Utilities L,756 1,756 0.17%
TotalGeneralOverheadExpenses $1,995,318 -$743,731 $1,25t,567 122.58%
Overhead Rate 185.77% 122.58%
References
A Per 48 CFR 31.202(a)
B 48 CFR 31205-1(d)and 48CFR 3 L205-14
C Per 48 CFR 31-205-6(a)(6)(ii)(B)
D Per48CFR31.205-1(d)
E Per 48 CFR 31.205-8
F Per 48 CFR 31.205-20
G Per 48 CFR 37.115,DCAAS-910,5-9102&6-410 •
*Indirect Officers salary amount includes adjustment for payroll variance(=amount on P&L)
EXHIBIT E-2 -SUBCONSULTANT FEE DETERMINATION Watershed Costs
N 27TH PLACE CULVERT SCOUR REPAIR PROJECT 5/18/2017
PAGE 1 OF 7
DIRECT SALARY COSTS(DSC)
Personnel Hours Rate Cost
1 Principle 2 X $ 67.31 = $ 135
2 Senior Engineer 1 2 X $ 57.69 = $ 115
3 Senior Engineer 2 12 X $ 42.79 = $ 513
4 Staff Engineer 0 X $ 36.06 = $ -
5 Junior Engineer 0 X $ 30.77 = $ -
6 GIS Specialist 0 X $ 35.00 = $ -
7 Project Coord/Admin 6 X $ 30.00 = $ 180
Total Hours 22 Subtotal Direct Salary Costs(DSC)_ $ 943
Salary Escalation(SE)= 5% of DSC= $ 47
Subtotal(DSC+SE)_ $ 991
Overhead(OH) 167.60% of(DSC+SE)_ $ 1,660
Fixed Fee(FF) 30.00% of(DSC+SE)_ $ 297
TOTAL SALARY COSTS(DSC+SE+OH+FF)_ $ 2,948
DIRECT NONSALARY COSTS(DNSC)
Mileage 100 miles @ $ 0.540 $ 54
Miscellaneous Expendables(photographs, equip rental,etc)
TOTAL REIMBURSABLE EXPENSES(DNSC)_ $ 54
TOTAL AUTHORIZED AMOUNT = $ 3,002
PAYMENT
Services will be paid on a DSC multiplier equal to 2.976
EXHIBIT E-2-SUBCONSULTANT FEE DETERMINATION Watershed Hours
N 27TH PLACE CULVERT SCOUR REPAIR PROJECT 5/18/2017
PAGE 2 OF 7
Principle Project Senior Senlor Staff Junior Project WatE�shed
Task Engineer Engineer 7 Engineer 2 Engineer Engineer Coordinator
TASK DESCRIPTION NO. ndmin Totals
TASK 2.1-Project Admin&Meetings y.� _ p _ _ _ 6 8
Site Visits(NA)
Processing Monthly Construction Billings(up to 3 months) z g 8
TASK 2.2-RFI's$Submittal Review 22 2 - 4 - - - 6
RFI's(Assume up to 2) 2 q
TASK 2.3-Change Orders(assumed extre work) 2.3 _
TASK 2.4-Inspections 2.4 - - 8 - - _ g
Channel Ex Inspections g $
TASK 2.5-Record Drawings Z.5 _
TOTAL ESTIMATED HOURS 2 Z �2 6 �
EXHIBIT E-2
PAGE 3 OF 7
�
�+r�,'�C�111"1�0I1�#a''#t$ Transportation Building
�,,� �partrnent o#'T'ranspt►rta�tion a�o rna��P�auen��s.�.
�a.��a7�ao
Lyrtn Petersan Oiymp�a,WA 985t74-73�
36f1-7Q5-7000
Secretary c+f Transportation '£tY:1-8�-83s-s38s
www.vusdot.wa.gov
Apri126, 2016
Watershed Science&Engineering
114�Prefontaine Place S, Suite S08
Seattle, WA 98104
Subject: Acceptance FYE 2015 ICR—Audit Office Review
Dear Mr. Larry Karpack:
Transmit#ed herewith is the WSDOT Audit Office's memo of"Acceptance" af your
firrn'`s F4'E 2015 Indirect Cost Rate (ICR) of 167.60%. Yaur 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 Cantracts in Washington State anly
Costs billed to agreementslcantracts will still be subject ta audit of actual casts, based
on the terms and canditions of the respective agreemenUcontract.
This was nat a cognizant review. Any ather 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 {36Q) 705-7104 or via
email consultantrates ,wsdat.wa.gov.
Regards;
� �
IK K. JONSON
Manager, Consultant Services Office
EKJ:kms
Aceeptaiiee ICR Audit Otlice Revi�w
EXHIBIT E-2
PAGE40F7
�►
�,�, Washington State
�I/ Department af Transportatian MEI�T1QCc`�.CICIUCYI
Apri125, 2016
TO: Erik Jonson, Contracting Services Manager
FROM: Schatzie Harvey,Agreement Compliance Audit Manager�'a�
SUBJECT: Watershed Science&Engineering,Ina Indirect Cost Rate
for Fiscal Year Ended December 31,Z015
We have completed our review of the Watersl�ed Science&En�ineering,Inc. Indirect
Cost Rate for khe above�•eferenced fiscal year. We reviewed tlie documentation
supporting the rate for com�Zliance with criteria eontained in the Federat Acquisition
Regulatians(FAR), Subpart 3I.
� Based on our review we are issuing this memo sstablisliing the Watershed Science&
Engineering Indirect Cost Rate for fiscal year ending December 31,2a1S, at 1G7.60%of
direct labor. Watershed Science&.Engineering provided a FHWA Certificate of Finai
Indirect Costs indicating all costs incIuded in the indirect cost rate scliedule comply with
FARs. '
_ Costs billed to agreeinents will still be suhject to audit of actual costs,based on the tenns
- and conditions of the respective agreement.
This was nat a cognizant review. Any other entity contracting with the firm is
respansible for determining the aeceptability of the Indirect Cost Rate.
If you have any questions, feel free to call me aC(360) 705-7006,or via emaii at �
har��cys�wsdot.�va.�;av,
I
Cc: Steve McICerney
File - i
i
�;
;
j
�,
.
,
DOT Form 7D0•000 EF �
Rovisad 5199 ' �
EXHIBIT E-2
PAGE50F7
. Certification of Final indirecf Cosfs �
Firm Name:Watershed Science 8 Engfneering,Inc �
Inclirect Cost Rate Proposal: 1s7.so�ti
Date of Proposal Preparatian(mm/ddtyyyy):4�z2�zai�
Fiscal Period Covered(mmldd/yyyy to mm/dd/yyyy): itt�2ot5-itis1�2o15
1, the undersigned, cerfify that 1 have reviewed the proposal to establish final rndirect cost r�afes
for tlre tisca!period�s specified above and to tl�e best of my knowledge and Uelief.• •
9.)Ali costs inciuded in fhis proposaf to esfablisl�fina!lnclirecf cast rates ore Allowable in
accordance with the cost prrnci�les of the Fedara!Acquisition Regulafions(FAR)af tltle 48,
Code of Federa!Regulations(CFRj,part 31.
2.) TJ�is proposa!cioes r�ot inciude eny costs whlch are express/y unallowable under fhe cos!
principJes af tlle FAR of 48 CFR 31. �
Al!known m�teriai tra�rsactions or events that have occurred al�ecfing the firrn's ow��ership,
organizafion ar�d indlrect cost rafes have been disclosed.
Sigi7ature; !�
Name of Certifying Official"(Print}:Larry Karpack
TI#18: Vice Presldent
Date of Ceriification(mmldd/yyyy);4/25l20i6
i
�
I
`The"Certifying Official"must be an Individual executive or financia�officer af the firm at a level '
np lower than a Vice President or ChieF Financial OFficer,or equivalent,who has the authority lo
represent tMe financial informatlon utilized to establish the indirect cost rate for use under Agency �
co ntracts. �
Ref.FHWA Directive 4470.1A available on line at; ��
� http://www fhwa doi gov/leqsregsldirectiveslorclers144741a htm
i
. . i
O/f-I Certifc�ttion;No��2plQ
EXHIBIT E-2
PAGE60F7
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. ge}', Amount %
Direct Labor(billable and non-billable) $458,845 $458,845 100.Q0%
Indirect Costs:
Fringe Bene�ts
- 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 Plan Match 27,602 27,602 6,02%
Total Fringe Bene�ts $261,600 $0 ($2,313) $259,287 56.51%
General Overhead
Indirect Labor $218,434 ($192) A $218,242 47.56%
Labor Variance(and Uncompensated OT) (4,480) (70) K (4,550) -0.99%
Incenrive Banus 149,331 (25,050) B 124,281 27.09%
Rent 52,023 52,023 1134%
Maintenance&Repairs - - 0.00%
Commuting and Parking 6,645 6,645 1.45%
Travel 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%
Utilities 2,200 2,200 0.48%
Licenses 1,611 1,61 l 0.35%
Depreciation&Amorti�ation 4,631 4,631 1.01%
Dues&Registrations 5,751 (48) C 5,704 1.24°/a
Employee Train/RecruiUMoving 3,757 3,757 0.82%
Advertising 84 (84) D - 0.00%
Accounting,Payroll&40]K Services 4,587 4,58Z 1.00%
I,egal Services � 7,250 7,250 1.58%
Computer 10,686 10,686 2.33%
Supplies&Miscellaneous 815 815 0.18%
�quipment - - 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°/a
Printing and Reproduction 3,331 3,331 0.73%
Books and Periodicals - - 0.00%
Bank Charges(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%
PropertyTax 1,096 1,,096 0.24%
Page 1 of 2
EXHIBIT E-2
PAGE70F7
Watershed Science and Engineering,Inc.
Indirect Cost Rflte 5chedule �
For the Year Ended December 31,2015
Rinancial
Statement Accepted
Description Amount WSE Adj. WSDOT Adj. gef, Amount %
Penalties&Fines 4 (4) I - 0.00%
Business Development � 1,260 1,260 0.27%
Charitable Donations 22,987 (22,987) " J - 0.00%
Total General Overhead $559,805 (�50,088) $0 $509,717 111.09°/a
Total Indirect Costs&Overhead $821,405 ($50,088) ($2,313) $769,004 167.60%
Indirect Cost Rate 179.02% 168.10% 167.60%
Watershed Science an�l Engineering,Inc.-Reviewed&Accepted-4/20/2016 DJ�1
"Indirect Cost Rate still subject to WSDOT Audit"
References
WSE Adjustments:
A Unallowable advertising labor costs removed,including salary overhead per 48 CFR 31.205-1
B Excess Compensation unallowable per 48 CFR 31.2o5-6(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 Entertaimnent unallowable per 48 CFR 31.205-14.
F Gifts unallowable per 48 CFR 31.205-13(b)
G Interest unatlowable per 48 CFR 31.205-20.
H Income taxes unallowable 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.
WSllOT Adjustments:
L Directly assceiated payroll costs related to unallowable advertising and excess compensation
_$2,313 unallowable per 48 CFR 31.201-6(a)
Page 2 of 2
EXHIBIT E-3-SUBCONSULTANT FEE DETERMINATION MAYES TESTING ENGINEERS, INC.
N 27TH PLACE CULVERT SCOUR REPAIR PROJECT A TERRACON COMPANY
PAGE 1 OF 7
5h 9/2017
DIRECT SALARY COSTS(DSCI
Task 1.2
Personnel Hours Rate Cost
1 Project Manager 4 X $54.60 = $ 218
2 Soil Density Testing 8 X $28.50 = $ 22g
3 Concrete Inspection X $28.50 = $ -
3 HMA Density Testing 8 X $28.50 = $ 228
4 Steel Inspection X $36.50 = $ -
Total Hours 20 Subtotal Direct Salary Costs(DSC)_ $ 674
Salary Escalation(SE)= 5% of DSC= $ 34
Subtotal(DSC+SE)_ $ 708
Overhead(OH) 191.26% of(DSC+SE)_ $ 1,354
Fixed Fee(FF) 30.00% of(DSC+SE)_ $ 212
TOTAL SALARY COSTS(DSC+SE+OH+FF)_ $ 2,275
DIRECT NONSALARY COSTS(DNSC)
Soil Moisture Density 2 $225 $450
Concrete Compressive Test $25 $0
WSDOT T606 Test $550 $0
Seive Analysis $225 $0
Sand Equivalent $60 $0
Fractured Face Count $75 $0
HMA Rice Density 2 $100 $200
HMA Ignition Gradation 2 $200 $400
HMA Superpave Test Set $550 $0
HMA Core Density $35 $0
HMA Core Bit Charge $4 $0
TOTAL REIMBURSABLE EXPENSES(DNSC)_ $ 1,050
TOTAL AUTHORIZED AMOUNT = $ 3,325
PAYM E NT
Services will be paid on a DSC multiplier equal to 3.213
EXHIBIT E-3
� PAGE20F7
'll4f���ti��t�t�rtt�tate �'��s�on�z��,n���r�;�,�
� �partme�t c►f"�'r�nspor�E�tion ��o r����e����,�$�,�g s.�.
F�O.8c�x 473t#4
fJlympia,WA 985t3�#-7300 '
�cso-7as-z000
T1Y:1-800-$33-638$
www.wsdot.wa.gov
au��t 1�, �a 1�
Terracan Cansuitants, Inc.
18001 T�V. lOb`�' Street, Suite 300
C)lathe, KS 66061
Subject: Acceptance FYE 2015 ICR—CPA Report '
Dear Ms. Monica Curls: '
We have accepted your firms F�E 2015 Indirect Cost Rate (ICR) of 191,2fi°lo based
on the"Independen#CPA Repart,"prepared in accordance with Part 31 of the FAR,by
BKD CPAs & Advisors. Your ICR acceptance is in accardance 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 W5DOT and will be applicable for: ;
� WSDOT Agreements
� Local Agency Contracts in Washingtan State only
Costs bitled to agreements/cantracts will still be subject to audit of actual costs, based '
on the tetms and conditions of the respective agreement/contract.
This was not a cognizant review. Any ather entity contracting with the finn is
responsible for determining the acceptability of the ICR.
If you have any questians, feel free to cantact aur affice at (360) 705-7104 or via
email consultantrates a,wsdot.wa.�av. .
Regards;
R . JONSO
Manager, Consultant Services Office
EKJ:kms
Acceptance ICR CPA Report
EXHIBIT E-3
PAGE 3 OF 7
�.
�'�, Washington Stat+e
�// DepartmentafTranspartation Memorandurr�
au�ust t�,20��
TQ: Erik lonsan,Cantracting Serviees Manager
FROM: Scliatzie Harvey,A�reement Coanptiance Audit Ivlaaager"�
SUBJBGT: Terracon Consutfants,Inc. Indirect Cost Rate for '
Fiscal Year Ended Decemher 31,2Q15
We accept tlle audit work perfarmed by BKL)CP'As&Advisars related to tlle Terracan
Ct�nsultants Indirect Cc�st Rate for the abave referenced fiscat year. BKD an�dited the
Tenacon Consultants indirect casts for eampiiance wittt Federat Acquisit�on Regnta�ions p
(FAR), Subpart 31. Our offiee did nat review their avdit work.
$ased an our ac�eptance of the CFA's audit,we are issuing this mema establishing the
Temac�n Consultants Indireet Cc�st Rate far fiseal year ending Decernber 3I,2015 at
19I.26°l0 of direct labor(rate includes f1.52%FCCM}.
CosYs bitled to agceements will stil�be subjecE to audit�factual costs,based an the terrns
and conditions of the respective agreement.
This was not a cognizant review. Any other entity contracting with the fim� is
responsibie for determining the acceptabiIiry of the Indirect Cost Rate.
If you liave any c�uestions, feeI free ta caIl me at (360) ?OS-7006,or via email at �
harve�rs,�?u,wsdat.wa.�av.
Attachment -
ec: Steve McKerney
File
,
. �
DQT 6arrn 7Es4}�o08 EF
Ftavlses!5799
EXHIBIT E-3
PAGE40F7
� Terracon Consultants, Inc.
Statement of Direct Labor, Fringe Benefits and General Overhead
Year Ended December 31, 2015
Nonallowable Allowable %ofDirect
Total Costs Costs Labor
Direct Labor
Terracon $ 125,408,107 $ 125,408,107 100.OD%
��
Overhead on Dlrect Labor ,
Vacation,sick,holiday leuve $ 20,079,221 $ 20,079,221
Payroll taxes 18,340,560 18,340,560
Graup insurance 24,659,365 . 24,659,365
Workers'compensation insnrance 2,878,396 2,878,39G
Profit sharing/401(k) 7,463,678 7,463,678
73,421,220 73,421,220 58.55%
General and Administrative Overhead Costs
Indirect/administrative labor 95,236,758 $ (9,613,318)(�� 85,623,440
Travel expense 7,952,953 {i,979,886)(z) 5,973,067
Depreciation expense 3,455,896 - 3,455,896
Amortization expense 6,977,738 (6,977,738)(3) -
Gain—sale of assets (95,557) - (95,557)
Rent—office 15,601,110 - 15,601,I10 .
Insurance—general 2,839,641 - 2,839,641 �
Insurancc—professionalliability 7,208,260 - 7,208,260
Telephone 6,138,7G1 - 6,138,761
Labexpenseandsupplies 2,195,000 - 2,195,000
Supplies 3,989,264 - 3,989,264
Fqnipment repairs and inaintenance 1,314,721 - 1,314,721
Flcetexpense 2,850,721 - 2,850,721
Maintenance contracts 34,155 - 34,155
Licenses and taxes �84,467 - '784,467
Equipment rental 167,700 - 167,700
Property tax 257,733 - 257,733
Office expense 1,489,435 - ],489,435
Printing expense 349,130 (71,511)(d) 277,619
Photocopyexpense 1,376,129 - 1,376,129
Data processing 5,940,281 - 5,94Q281 �
Utilities 2,333,761 - 2,333,761
Buildinb repnir and maintenance 3,340,269 - 3,340,269
Provision for doubtful accounts 422,80G (422,806)(5� -
Dnes and subscriptions 1,931,253 (58,062)(6) 1,873,191
Client devetopment 2,495,729 (1,465,110)(7) 1,03Q619
Temporaryofficehelp 2,619,178 - 2,619,178
Freight/postage expense 774,009 - 774,009
Professional fees 1,767,701 (418,078)(8) 1,349,623
Donations 330,500 (330,500)(9J -
Employee expense 2,423,700 (1,691,063)(IOJ 732,637
Health and safery 380,444 (25,300)(/6J 355,144
Employee relocation 442,865 (52,172)(ll) 390,693
Employee education and training 2,455,621 - 2,455,621
Interest expense 213,875 (213,875)(12) -
Recnii6ng Fees and expense 602,035 - 602,035
Interest income (97,679) 97,679 (13J -
Other income 78,071 (411,696)(/�) (333,625)
Otl�er expenses 835,686 420 (/5) 836,106
189,414,120 (23,633,016) 165,781,104 132.19%
TotalOverhead $ 262,835,340 $ (23,633,01� $ 239,202,324 190.74%
See Notes to Sfatemenf of Direcf Labor,Fringe Benefifs and General Overhead 3
EXHIBIT E-3
PAGE5OF7 .
Terracon Consuitants, Inc.
Statement of Direct Labor, Fringe Benefits and General Overhead
(Continued)
Year Ended December 31, 2015
FAR References and Notes:
(1) 31.205-1(�(1-3) Marketing,lobbying and any labor associated with unallowable activities are unallowable.
31.205-27 Labor related to acquisitions is imallowable.
31205-3 Labar related to Bad Debt Cotlection is unallowable.
31-205-6(b) Stock Options/Stock Bonuses are unallowable.
31-205-6(b) Certain payrnents to employees/officers made imallowable due to reasonableness.
31.205-6(g) Payrnents made for severance not pi�rsuant to a formal policy are unailowable.
(2) 31.205-1 Travel related to unallowable public relations and advertising costs.
31.205-1(�(7) Costs of inemberships in civic organizations are unallowable.
31.205-14 Entertairu�ent costs are unallowable.
31.2051}6 Lodging,Meals,Per Diem in excess of GSA JTR Rates are unallowab(e.
31.205-46 Auto Allowance is an unallowable expense. .
31.205-5.1 Costs of alcoholic beverages are unallowable.
(3) 31.205-49 Costs for amortization of intangible assets and goodwill are unallowable. �
(4) 31.205-1 Cost for marketing materials-brochures and direct mail publications are unallowable.
(5) 31.205-3 Fstimated losses arising from uncollectible accounts receivable are imallowable. �
(6) 31.205-22 Lobbying costs,paid as a percentage of professional dues,are unallowable.
(7) 31.205-1 Costs for promotional activities and trade shows are unallowable.
31.205-14 Entertainment costs are unallowable.
(8) 31.205-27 Professional costs paid related to acqttisitions and reorganization are unallowable.
31.205-41 Costs incurred related to Federal income taxes are unallowable.
(9) 31.205-8 Contributions and gifts are tmallowable.
(10) 31.205-13 Costs for tickets shows/sporting events,picnics,parties are imallowable.
(11) 31.205-35 Lump sum payments in excess of$5,000 are iuiallowable.
(12) 31.205-20 Interest expense is unallowable.
(13) 31.205-20 Interest income is unallowable, .
(14) 31.201-5 Credits related to allowable costs have been allowed.
(1 S) 31.205-15 Costs of fines and penalties related to traffic violations are unallowable.
31.205-19(2)(vi) Key man insura�ice is unallowable.
(16) 31.205-13 Costs of undistributed spot bonuses are unallowable.
See Notes fo Sfatemenf of Direct Labor, Fringe Benefits and General Overhead 4
EXHIBIT E-3 �
PAGE60F7
Terracon Consultants, Inc.
Notes to Statement of Direct Labor, Fringe Benefits and General Overhead
December 31, 2015
Note 8: Facilities Capital Cost-of-Money Factor
The cost-of-money rate has been calculated in accordance with FAR§31.205-10 using average net
book values of equipment and facilities multiplied by the average treasury rate for the year ended
December 31,2015. Equipment and facilities include furniture and fixtures,computer equipment,
software and leasehold improvements. The calculation is as follows:
Average Book Value for 2015 $ 29,105,421
Average treasury rate 2,25%
Cost of facilities capital $ 654,872
Direct labor base $125,408,107
Cost of facilities capital percentage �52o�a
Note 9: Direct Cost Accounts
The Statement of Direct Labor,Fringe Bene�ts and General Overhead schedule provides a detail
listing of the direct cost accounts not included on the overhead pool. This list includes costs for
subcontract labor, drilling equipment and supplies, depreciation,equipment rental,travel and
environxnental/well supplies.
Note 10: Subsequent Events
Subsequent events have been evaluated through the date of the Independent Auditor's Report,
which is the date the financial statement was available to be issued.
10
EXHIBIT E-3
. PAGE70F7
-- V_____
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I'r'�n Na'ne: Teri•aco� Coi�sultants Ii�c.
Indirect Cos� T2ate: _ 1.yQ,�q,o�
I=aci�ities C�pit�l C��st nf I�Icmey; �
Date of'Pre.paraiion: I+�� � 23 201 b
Fiscal �'e�r C'overeci: 01 jQ 1/201�5 to 1Z,[3 Z/20 S 5 � .
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_ c;�resslt�u�ra/lax•ct�lc unc�er nc�cos�prirrcrpl��s o/'thc F.9R aJ'4�'C'FR 31.
Adc�,rio���rlh�, /ce�liJj�llrat nll l�7toti.i�lt naa�et�ial tr�u�rscrcribaas a�c���e�tt.r thnt hati��or.�crrr•red rr{�c�c�i�rg i
Ihe firm:s olrrrc��:�•hi��, m�,Tti11lEQI(Ult. C!!1(f T1')Llll'CCI C(1.C1.5'J7C/YL' bec�n clise.�/nsect.
i
_ . ��,
Signlf ure: ,' -...y.�'�._._._,> >`�
C;'� ---� _
Name of Ccrtifyin�%Ofl�icial: i_D_��r j}, La�,���j�g�
Title: Cot�troller f Vice Presie�ent
... ,�
Date�f Certif cation: _____�ut�e_3p 2 p 16
i
j
1
�
'�'�' -�..�� ..�.�.�..�._...� .�.
��� �
1
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT,with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, ornational 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 2L5 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 CONSULTf1NT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number: CAG-17-075
WSDOT Form 140-089 EF Exhibit F Page 1 of 1
Revised 10/30/2014
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of City of Renton
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number: CAG-17-075
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
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 or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay,to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the City of Renton
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
BergerABAM Inc.
Consultant(Firm Na e)
''���G����''- 16 May 2017
Signature(Authorized Official of Consultant) Date
AgreementNumber: CAG-17-075
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-1(b) Certification of City of Renton
I hereby certify that I am the:
Q Certified Autharity (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.
� �
gnature Date
AgreementNumber: CAG-17-075
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (Federal, State and local)terminated for cause or default.
IL Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
BergerABAM Inc.
Consultant(Firm Name)
Gr�i---�., 16 May 2017
Signature(Authorized Official of Consultant) Date
AgreementNumber: CAG-17-075
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT,the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty 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 Na )
•������C/!�'-"'--••-. 16 May 2017
Signature(Authorized O�cial of Consultant) Date
Agreement Number: CAG-17-075
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of N 27th Place Bridge Scour Repair * are accurate, complete, and current
as of April 1, 2017 **.
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: Berger AM Inc.
'����� v�`"`- Vice President
Signature Title
Date of Execution***: 16 May 2017
*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.)
**Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number: CAG-17-075
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, 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.
AgreementNumber: CAG-17-075
WSDOT Form 140-089 EF Exhibit H Page 1 of 1
Revised 10/30/2014
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager pocuments the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements.No further action is required.
• There is not a mutual agreement regarding the 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-17-075
WSDOT Form 140-089 EF Exhibit l Page 1 of 2
Revised 10/30/2014
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will reyuest 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-17-075
WSDOT Form 140-089 EF Exhibit I Page 2 of 2
Revised 10/30/2014
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim forAdditional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim.After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit.No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number: CAG-17-075
WSDOT Form 140-089 EF Exhibit J Page 1 of 2
Revised 10/30/2014
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
AgreementNumber: CAG-17-075
WSDOT Form 140-089 EF Exhibit J Page 2 of 2
Revised 10/30/2014