Loading...
HomeMy WebLinkAboutAG-C-522 Auburn Way S Corridor Improvements Hemlock to Poplar �� 11v `I Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: AG-C-522 Firm/Organization Legal Name(do not use dba's): Parametrix, Inc. Address Federal Aid Number 1019 39th Ave SE, Suite 100, Puyallup, WA 98374 STPUL-0164(020) UBI Number Federal TIN 600 135 349 91-0914810 Execution Date Completion Date March 31, 2021 1099 Form Required Federal Participation ❑ Yes 0 No ❑� Yes ❑ No Project Title AG-C-522: Auburn Way South Corridor Improvements Hemlock to Poplar Description of Work Provide preliminary engineering, environmental documentation, plans, specifications and opinion of cost (PSE&E) for construction bid documents, and right-of-way acquisition services for improvements to build out Auburn Way South (SR-164) between Hemlock Street SE and Poplar Street SE. Q Yes ❑ No DBE Participation Total Amount Authorized: $1,139,000.00 ❑ Yes 11 No MBE Participation Management Reserve Fund: $61,000.00 ❑ Yes 0 No WBE Participation ❑ Maximum Amount Payable: $1,200,000.00 Yes 0 No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 01/01/2020 THIS AGREEMENT, made and entered into as shown in the"Execution Date" box on page one (1)of this AGREEMENT, between the City of Auburn 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(I) of this AGREEMENT and hereafter called the"SERVICES;"and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS,the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable,and has signified a willingness to furnish consulting services to the AGENCY. NOW,THEREFORE, in consideration of the terms,conditions,covenants,and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups,or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community,City,or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT,any sub-consultants,and the AGENCY shall comply with all Federal, State,and local laws, rules,codes, regulations, and all AGENCY policies and directives,applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 01/01/2020 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30%of the total amount of this AGREEMENT. In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment. 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: Jeff Bender Name: Roger Flint Agency: City of Auburn Agency: Parametrix,Inc. Address: 1305 C Street SW Address: 719 2nd Avenue#200 City: Auburn State: WA Zip: 98001 City: Seattle State: WA Zip: 98104 Email: jbender@auburnwa.gov Email: rflint@parametrix.com Phone: 253.804.5063 Phone: 206.394.3700 Facsimile: N/A Facsimile: 855.542.6353 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled"Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 01/01/2020 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies,equipment, and incidentals necessary to complete SERVICES, specified in Section II,"Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D"and"E"and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW)Labor Costs:The Direct(RAW) Labor Cost is the direct salary paid to principals, professional,technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate(ICR)Costs: ICR Costs are those costs,other than direct costs,which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits"D"and"E"of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable,authorized under this AGREEMENT,when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits"D"and "E",attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all A&E sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's fiscal year,an ICR schedule in the format required by the AGENCY(cost category,dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants I shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals,which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to,the following items:travel,printing, long distance telephone,supplies,computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train,and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures,and revisions thereto. Air,train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations(CFR)Part 31.205-46"Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 01/01/2020 4. Fixed Fee: The Fixed Fee,which represents the CONSULTANT'S profit, is shown in attached Exhibits"D" and"E"of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled"Termination of Agreement." 5. Management Reserve Fund(MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable:The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III,"General Requirements"of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct(RAW)Labor, Direct Non-Salary,and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW)Labor costs for CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles,Direct(RAW)Labor rates,and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable,upon receipt of all PS&E,plans, maps,notes, reports,electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty(20)working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 01/01/2020 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6)year period, the cost records and accounts shall be retained until such litigation, claim,or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any,will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant,any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT,and the CONSULTANT shall require each sub-consultant or subcontractor,of any tier,to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient,or sub-consultant shall not discriminate on the basis of race, color,national origin,or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract, and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT, any fee,commission,percentage, brokerage fee,gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 01/01/2020 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. VIII. Nondiscrimination During the performance of this AGREEMENT,the CONSULTANT,for itself, its assignees, sub-consultants, subcontractors and successors in interest,agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY,other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten(10)days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two(2)of this section,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 01/01/2020 date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth in paragraph two(2)of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days,notify the AGENCY in writing, in the event of the death of any member, partner,or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs,final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." Xl. 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. A2rcement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 01/01/2020 XII. Legal Relations The CONSULTANT, any sub-consultants,and the AGENCY shall comply with all Federal, State,and local laws, rules,codes,regulations and all AGENCY policies and directives,applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify,and hold The State of Washington(STATE)and the AGENCY and their officers and employees harmless from all claims,demands, or suits at law or equity arising in whole or in part from the negligence of,or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents,employees,sub consultants, subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT may be legally liable;provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims,demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their agents,officers,employees, sub-consultants, subcontractors or vendors, of any tier,or any other persons for whom the STATE and/or the AGENCY may be legally liable;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents,employees, sub-consultants,subcontractors or vendors, of any tier,or any other persons for whom the CONSULTANT is legally liable,and(b)the STATE and/or AGENCY,their agents, officers, employees, sub-consultants, subcontractors and or vendors,of any tier,or any other persons for whom the STATE and or AGENCY may be legally liable,the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors,of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant,subcontractor and vendor,of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods,processes,designs, information or other items furnished or communicated to STATE and/or the AGENCY,their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information, know-how,copyright rights or inventions resulting from STATE and/or AGENCY's,their agents', officers'and employees'failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY,their agents,officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW;or any similar statute involving the CONSULTANT in the procurement of,or performance under,this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: AG-C-522 'i Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 01/01/2020 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any,on the project. Subject to the processing of a new sole source,or an acceptable supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT,or as otherwise required,the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars($1,000,000.00)per occurrence and two million dollars($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any"Auto"(Symbol 1)used in an amount not less than a one million dollar($1,000,000.00)combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and AGENCY,their officers,employees,and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured(the"AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over,and shall not contribute with,the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to: Name: Jeff Bender Agency: City of Auburn Address: 1305 C Street SW City: Auburn State: WA Zip: 98001 Email: jbender@auburnwa.gov Phone: 253.804.5063 Facsimile: N/A No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX"Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars($1,000,000.00),whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 01/01/2020 The parties enter into this AGREEMENT for the sole benefit of the parties,and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,or otherwise affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment in the: (1)maximum amount payable; (2)delivery or completion schedule, or both; and (3)other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as"CLAIM," under this clause within thirty(30)days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes"clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs(A.)and(B.)above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions, Exhibit"G-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars($100,000.00)and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT,and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III"General Requirements"prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 01/01/2020 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement, representation,promise or agreement not set forth herein. No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,warranties, covenants, and AGREEMENT's contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes("State's Confidential Information"). The"State's Confidential Information" includes, but is not limited to,names,addresses, Social Security numbers,e-mail addresses,telephone numbers,financial profiles, credit card information,driver's license numbers, medical data, law enforcement records(or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data,non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, State security data,or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,and not to release,divulge,publish,transfer, sell, disclose,or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical,electronic,and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall,at the AGENCY's option: (i)certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii) returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s)for which the State's Confidential Information was received;who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor,audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing,or investigating may include, but is not limited to, salting databases. Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 01/01/2020 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages,or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as"Confidential"and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a)at the commencement of the term of this AGREEMENT;or(b)as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which,at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii)is independently developed by or for the other party; (iv) is publicly known;or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt,unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years from the date of final payment to the CONSULTANT,the CONSULTANT shall keep,retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation,claim or audit is commenced,the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents"shall be retained until all litigation, claims or audit findings have been resolved even though such litigation,claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT,"documents"means every writing or record of every type and description, including electronically stored information("ESI"),that is in the possession,control,or custody of the CONSULTANT, including,without limitation,any and all correspondences,contracts,AGREEMENT's, appraisals,plans,designs,data, surveys,maps,spreadsheets,memoranda,stenographic or handwritten notes,reports,records,telegrams, schedules,diaries, notebooks, logbooks, invoices, accounting records, work sheets,charts, notes,drafts,scribblings, recordings,visual displays,photographs, minutes of meetings, Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 01/01/2020 r tabulations,computations, summaries, inventories,and writings regarding conferences,conversations or telephone conversations,and any and all other taped, recorded, written,printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession,custody, or control of the CONSULTANT,and every copy of any of the foregoing,whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT,"ESI"means any and all computer data or electronic recorded media of any kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as:,Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes,smart phones,thumb drives,CDs, DVDs,floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created,viewed,and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. 4/14/2020 Signature Date rek*tte tild Signature Date 4' Any modcation, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: AG-C-522 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 01/01/2020 Exhibit A Scope of Work Federal Aid No. STPUL-0164(020) See attached Scope of Work. Exhibits A-1 through A-3. Agreement Number: AG-C-522 Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 al EXHIBIT A-1 SCOPE OF WORK City of Auburn Project AG-C-522 Auburn Way S Widening— Hemlock to Poplar PROJECT OVERVIEW The City of Auburn (CITY) received a grant from the Federal Highway Administration's (FHWA) Surface Transportation Program (STP) to finance the design and environmental documentation phases of the Auburn Way S Widening — Hemlock to Poplar project (Project). CITY local funds will be used for the Project's right-of-way(ROW)acquisition phase.The Project will design improvements to build out Auburn Way South (SR-164) between Hemlock Street SE and Poplar Street SE. The scope of the Project includes: • Widening the roadway to create a five-lane cross section with two general purpose travel lanes in each direction, and a center median/left-turn lane. • A new traffic signal with Intelligent Transportation System (ITS) connectivity is proposed at the proposed new driveway intersection access for the Chinook Elementary School (School). • Curb and gutter, 10-foot wide sidewalks, illumination, transit stop improvements, stormwater improvements, utility undergrounding and access management (where feasible) with accommodation for U-turns are also proposed. • The Project length is approximately 2,500 feet. The Auburn Way South corridor is a Washington State Department of Transportation (WSDOT) State Route (SR 164) and T1 freight corridor.The corridor serves as the primary connection between the urban growth areas in Auburn, Enumclaw, and Buckley and the Regional Growth Centers located in Auburn, Kent, and Federal Way. The corridor also connects with the Muckleshoot Indian Tribe (MIT) Reservation and regional destinations including the Muckleshoot Casino and White River Amphitheater. SCOPE OF SERVICES The CITY has selected Parametrix (CONSULTANT) to assist the CITY in designing, environmental documentation and obtaining right-of-way. This document describes the scope of services to be provided by the CONSULTANT for this phase of the Project and generally includes the following: PHASE 1—DESIGN • Work Element 1—Project Management • Work Element 2—Preliminary Design (30%) • Work Element 3—Utility Coordination • Work Element 4—Environmental City of Auburn 214-1931.044 Auburn Way South Widening 1 March 4,2020 Hemlock to Poplor Project AG-C-522 Scope of Services • Work Element 5—Geotechnical Engineering • Work Element 6—Right-of-Way Plans and Legal Descriptions • Work Element 7—Plans,Specifications,and Estimates (PS&E) PHASE 2—RIGHT OF WAY • Work Element 8—Right-of-Way Acquisition Detailed scope-of-service information, including a description of services, assumptions,and deliverables for each work element and first-tier sub-task, is provided below. Optional services beyond those stated in this scope of services may include: • Assistance during bidding. • Support services during construction. • Additional right-of-way services as noted in 8.1.6. • Other services to support the Project if requested by the CITY. Budget for these optional services is not included in the Agreement at this time, but may be added, if necessary, by a future supplement to the Agreement. General Project Assumptions: • The physical improvements anticipated for the CITY's Auburn Way S Widening — Hemlock to Poplar project(Project)are generally described as follows: Widening of Auburn Way South between Hemlock Street SE and Poplar Street SE to provide a total of two westbound and two eastbound through lanes and a center turn lane/median. • Providing access management to reduce the number and/or severity of conflicts between vehicles accessing adjacent properties and through traffic on Auburn Way South. This will likely consist of widening the following intersections/locations to allow U-Turns: • School Driveway(future improvements currently in design). • Poplar Street SE. • Addition of curb,gutter,and 10-foot-wide sidewalks and landscaping on both sides of Auburn Way South between Hemlock Street SE and Poplar Street SE. • Additional widening of Auburn Way South to the south of Poplar Street to transition the new five-lane section back to match the existing three-lane section with asphalt shoulders. • Additional widening at up to four locations to provide pull-outs for transit stops within the project limits. r- Widening and improving approximately 200 feet of the private drive (Private Drive)opposite the proposed School Driveway to provide a left-turn pocket for the new signalized intersection. • New traffic signal at the intersection of Auburn Way South and the proposed School Driveway. City of Auburn 214-1931-044 Auburn Way South Widening 2 March 4,2020 Hemlock to Poplar Project AG-0.522 Scope of Services > Street lighting improvements include: • Continuous illumination on Auburn Way South between Hemlock Street SE and Redwood Court. • Intersection illumination at School driveway and Poplar Street SE. • Transition illumination on Auburn Way South, south of Redwood Court. > Intelligent Traffic System (ITS)improvements include: • Relocation of the existing pan-tilt-zoon(P17)camera pole and camera at the Poplar Curve to accommodate roadway improvements. • Addition of a PTZ camera at the School signal. • Extension of CITY's ITS duct and vault system from Hemlock Street SE to Redwood Court. • Revisions to the CITY's existing fiber network on Auburn Way South connect to the new traffic signal/PTZ camera at the School Driveway and relocated PTZ camera at the Poplar Curve. > Undergrounding of private utilities between Hemlock Street and Redwood Court. . Replacement of existing 10-inch cast iron water main with 12-inch ductile iron pipe between Hemlock Street SE and Noble Court SE. • The Plans, Specifications, and Estimate (PS&E)will require review and approval from the WSDOT Highways and Local Programs (LOCAL PROGRAMS) prior to soliciting bids. The CITY will be responsible for leading coordination with LOCAL PROGRAMS. • The CITY will be responsible for advertisement and distribution of final documents for bidding. • The schedule for this Project includes agency review durations based on past project experience. However, neither the CITY nor the CONSULTANT can control these review durations. • A 24-month total Project schedule is assumed—12 months for Phase 1 and 12 months for Phase 2. See Exhibit A-2 for additional Project schedule assumptions. DESIGN STANDARDS AND REFERENCES The following design standards and references are to be followed during the development of the Project: • WSDOT Standard Specifications. • CITY's Design Standards. • CITY's Construction Standards and Standard Details. • WSDOT Local Agency Guidelines(LAG). • CITY's Standard Special Provisions(Specifications). • WSDOT Standard Plans as required. • CITY's AutoCAD Standards. City of Auburn 214-1931-044 Auburn Way South Widening 3 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services The CONSULTANT will conduct services under this Agreement based on the versions of the above stated design standards that are current at the time of signing this Agreement. If updated versions of the standards become available and/or affective during the term of this Agreement, the CONSULTANT and CITY will discuss potential implications to the Project. This will include the CONSULTANT's estimate of the cost of additional services, if any, to update project designs and deliverables. The CITY will determine if updated standards shall be used. Additional cost of CONSULTANT services, if any, will be compensated through the management reserve or as a supplement to the Agreement. The CONSULTANT will prepare all drawings using AutoCAD 2018. Spreadsheets will be prepared using Microsoft Excel (version 2016 compatible) and text documents in Microsoft Word (version 2016 compatible). Unless specifically noted otherwise, all plans will be completed at a 1 inch = 20 feet scale on a sheet size of 22 inches by 34 inches. The CITY will provide the CONSULTANT with the CITY's AutoCAD template for use for preparing plan sheets. All deliverables will be electronic. PHASE 1—DESIGN Work Element 1—Project Management The CONSULTANT will manage the Project work elements to control costs,maintain schedule,and provide quality products appropriate to the goals and completion of the Project.Tasks include the following: 1.1—Project Communication Provide Project communication as detailed below: 1.1.1—Project Kickoff Meeting The CONSULTANT will participate in a Project kickoff meeting. CONSULTANT will work with the CITY to develop the agenda and facilitate the meeting. The CONSULTANT will prepare and distribute the meeting notes. 1.1.2—Weekly Conference Calls The CONSULTANT will coordinate with the CITY's Project Manager to establish a standing meeting time during the week reserved for weekly conference calls between the CITY and CONSULTANT's Project Manager to coordinate ongoing Project activities. During periods of Project inactivity or for other mutually-agreed upon reasons, the weekly conference calls may be cancelled. The CONSULTANT Project Manager will document the weekly conference calls with an email, including an updated copy of the issues log, if applicable. 1.1.3—Progress Meetings Progress meetings will occur between the CITY's and CONSULTANT's Project Manager and other CITY and/or CONSULTANT staff members to discuss Project status, design progress, and to resolve any Project issues. City of Auburn 214-1931-044 Auburn Way South Widening 4 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services 1.1.4—Team Coordination Meetings The CONSULTANT will coordinate, as required, with CONSULTANT design team members, including subconsultants, to discuss Project status, elements of the work plan, and progress of the design, as well as resolve any Project issues. 1.1.5—One-on-One Meetings The CONSULTANT will participate in one-on-one meetings with other potentially-affected adjacent property owners (other than the DISTRICT) to solicit input that will help shape the CONSULTANT's design of the Project. Assumption(s) • There will be up to 75 weekly conference calls, averaging one-half(1/2) hour in duration with an additional one-half(1/2) hour allotted for the CONSULTANT's Project Manager to prepare before the meeting and complete documentation afterward. • The CONSULTANT's in-house team coordination meetings will occur on a weekly basis between the CONSULTANT's Project Manager, Project Engineer, and Project Coordinator (Controls Specialist).The duration of the meetings will average a half(1/2)hour. Participation by other team members in team coordination meetings will be on an as-needed basis depending on current/upcoming activity. The cost of other team members' participation in team coordination meetings is included in, and will be billed to, the applicable work element requiring their participation. • There will be 20 progress meetings, averaging one-and-a-half (1-1/2) hours in duration with an additional hour allotted for the CONSULTANT's Project Manager and Project Coordinator to prepare before the meeting and complete meeting notes afterward. • The participation of the CONSULTANT's right-of-way manager, support staff, and/or agent (CONSULTANT's ROW staff) in progress meetings and one-on-one meetings will be provided as described in Work Elements 2.4 and 8.1 during the right-of-way planning and acquisition phases, respectively. • The CONSULTANT's geotechnical engineer's participation in progress meetings will be provided as described in Work Element 5.1. • All CONSULTANT coordination and communication with the CITY will occur directly with the CITY's Project Manager, unless otherwise approved or directed by the CITY's Project Manager. • The first progress meeting is to be held at the CONSULTANT's office to allow the CITY's Project Manager the opportunity to efficiently meet members of the extended CONSULTANT team. All other progress meetings will be held either at the CITY's or the CONSULTANT's office. For the sake of this scope, it is assumed that half of the meetings will be held at the CITY's office and the other half at the CONSULTANT's office. • The CITY will lead all coordination with adjacent property owners. The CONSULTANT will provide input to meeting agendas through the CITY's Project Manager and attend meetings when requested by the CITY's Project Manager. City of Auburn 214-1931-044 Auburn Way South Widening 5 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • The CONSULTANT will assist the CITY with preparing for and providing up to two staff members to attend up to ten (10)one-on-one meetings with property owners. Meetings with the DISTRICT are not included in this task, but are included as described in Work Elements 2.4.3 and 2.5.3. • Plans and sketches for meetings with property owners will be prepared through work provided under other elements of the Project. Deliverable(s) • Meeting notes and action items, as appropriate—One (1)electronic copy. 1.2—Project Administration The CONSULTANT will prepare a Project Management Plan (PMP) and submit monthly progress reports and invoices. 1.2.1—Project Management Plan A PMP will be developed for the Project to clearly define the Project scope, schedule, budget, communication plan, and Quality Assurance/Quality Control(QA/QC) Plan. 1.2.2—Monthly Progress Reports and Invoices Monthly progress reports will include descriptions of work activity for the previous billing period, updated Project schedule, and earned-value calculations to track budget performance. Assumption(s) • Progress reports will indicate a bulleted list of work accomplished during the billing period and a graphical representation of Project costs(planned and actual) and earned value versus time. • During periods of limited Project activity,monthly progress reports and invoices may be combined to bi-monthly progress reports. This will be limited to billing periods with less than $2,500 (or more if approved by the CITY's Project Manager)and will not span the end of the calendar year. Deliverables) • Project Management Plan—One (1)electronic copy. • Project Schedule—One(1)at Kick-Off and twenty-four(24)monthly updates*. • Monthly Progress Reports—twenty-four(24)*. • Monthly Invoices—twenty-four(24)* * Monthly deliverables will be provided as one (1)electronic copy. 1.3—Quality Assurance/Quality Control(QA/QC) This task covers work necessary to administer the CONSULTANT's internal QA/QC process and perform Project QA.The QC effort is part of the design tasks. City of Auburn 214-1931-044 Auburn Way South Widening 6 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services 1.3.1—Prepare QA/QC Plan The CONSULTANT will develop a clearly defined QA/QC Plan identifying procedures,deliverables, and reviewers for each discipline and type of work product. 1.3.2—Administer Plan and Quality Assurance The CONSULTANT will coordinate QC review at Project milestones, prepare forms, and document production for review staff. Provide deliverable approval process by internal review team ensuring QC has been performed. Assumption(s) • CONSULTANT will retain a QA/QC file documenting that the work has been completed consistent with the QA/QC Plan. • Formal reviews will be limited to major technical memoranda, reports,and design deliverables as follows: Design Memorandum. • Stormwater Technical Memorandum. Stormwater Site Plan Report. SEPA Environmental Checklist. y Environmental Discipline Reports and Technical Memoranda. • 30% Preliminary Plans, Bid Item List, and Opinion of Cost. - 70% Plans, Specifications,and Opinion of Cost. • 95% Plans,Specifications,and Opinion of Cost. • 99%"Proof" Bid Documents. .. Final Bid Documents. Deliverables) • Project-specific QA/QC Plan—One (1)electronic copy. • Documentation of quality assurance reviews—One(1)electronic copy. Work Element 2—Preliminary Design (30%) 2.1—Review and Analyze Existing Data The CONSULTANT will review CITY-provided available record drawings, GIS, and traffic data. This review will be used to confirm field data and will also help to identify areas that will require additional information or possibly even confirmation of location prior to design and construction. If discrepancies are found,the CONSULTANT will prepare a memorandum outlining the discrepancies found and request additional information. City of Auburn 214-1931-044 Auburn Way South Widening 7 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Assumption(s) • The CITY will provide available electronic record drawings and GIS data for utilities, signal, roadway, and other projects that occurred within the Project limits. Deliverable(s) • A memorandum requesting additional information (if necessary)—One (1) electronic copy. 2.2— Field Survey The CONSULTANT will provide topographic mapping and prepare an AutoCAD Civil 3D format base map identifying existing conditions and improvements to support design efforts. 2.2.1 —Topographic Base Mapping The CONSULTANT will use topographic and right-of-way base maps prepared by AHBL, Inc. (AHBL Survey) as provided by the CITY on December 17, 2019. The CONSULTANT shall conduct topographic field survey and base map drafting as needed to augment the AHBL Survey and prepare base maps for the area generally defined as follows: • Along the alignment of Auburn Way South, mapping will be obtained approximately 30 feet beyond the existing right-of-way on both sides of the road,from Hemlock Street SE to Redwood Court SE. This data will be merged with existing topographic mapping and survey data provided by the CITY, which covers the entirety of this stretch within the right-of-way. In addition, existing topographic data provided by the CITY will be verified by the CONSULTANT for datum accuracies. • Along the alignment of the Private Drive opposite the proposed School Driveway, between Auburn Way South and approximately 200 feet south of Auburn Way South,mapping will be obtained approximately 30 feet west beyond the existing limits of the west Private Drive curb line,and existing parking lot striping and curbing in the parking lot approximately 100 feet east of the east Private Drive curb line. This data will be merged with the AHBL Survey, which covers this stretch within the curb lines and beyond the curb lines only within the first approximate 100 feet south of Auburn Way South. • Along the alignment of Poplar Street SE, between Auburn Way South and approximately 270 feet south of Auburn Way South,mapping will be obtained approximately 20 feet northwest and southeast beyond the right of way. This data will be merged with the AHBL Survey,which covers the area in the Poplar Street SE right-of-way within the first approximate 100 feet south of Auburn Way South. • Along the alignment of Auburn Way South mapping will be obtained for the full width of right-of-way, including approximately 20 feet beyond the southwesterly right-of-way, from Redwood Court SE southerly approximately 600 feet to the access road to Stillman Street SE. This data will be merged with the AHBL Survey, which covers the area in the Auburn Way South right-of-way within the first approximate 200 feet east of Redwood Court SE. • Between the northerly margin of the Auburn Way South and the front of the building structures north of Auburn Way South, mapping of existing parking lot striping and parking lot curbing will be obtained on the following parcels: City of Auburn 214-1931-044 Auburn Woy South Widening 8 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services > 3240 Auburn Way South(Tax ID 2121059077) > 3302 Auburn Way South (Tax ID 2121059043) > 3312 Auburn Way South(Tax ID 2121059157) Additional activities to support the topographic mapping will include: • Project Research The CONSULTANT will be provided a base map by the CITY, which will have their resolved right- of-way lines,along with monumentation used in their resolution. The CONSULTANT will then use public records and tie controlling monuments to confirm the right-of-way limits and parcel lines within the above-described corridor as provided by the CITY. Parcels subject to right-of-way acquisition will be identified and a list of tax parcel numbers will be forwarded to the CITY to acquire preliminary title commitments (Title Reports). • Survey Control The CONSULTANT will rely upon horizontal and vertical control provided by the CITY and will supplement where needed using GPS and conventional survey equipment. Assumption(s) • The CONSULTANT's survey crews will work within the rights of RCW 47.01.170 to enter upon private land for the purpose of surveying for this project's purposes and will leave the CONSULTANT's standard door hanger notifications if desired by the CITY. • CONSULTANT survey crews will knock on doors to request access where existing hedges,fencing, or yards create a perceived "private" space in or abutting the CITY's right-of-way and use their judgement before entering such spaces if no one answers the door. Where the CONSULTANT survey crew's judgement determines it inappropriate to enter "private" spaces, or the property owner outright denies access to such spaces, survey of such area will be deferred until formal right-of-entry can be obtained. • The CONSULTANT will gain formal right-of-entry onto up to ten (10) private properties prior to commencing follow-up field survey of"private"spaces. • Preliminary title commitments will be provided by the CONSULTANT through Work Element 2.5 for use during this Work Element. • Mapping will consist of identifying existing ground features including, but not limited to, channelization, break lines, edge of pavement/gravel, curbs, curb ramps, sidewalks, and ditches. Structures such as walls, landscape limits, irrigation equipment, significant trees, signage, fences, public and private utility structures, and other visible physical improvements will also be mapped. Utility structures such as storm,sewer, and water will also be picked up with identification of invert elevations. In addition, conductible underground utilities will also be mapped, based on paint markings provided by a utility locate company subcontracted by the CONSULTANT.As defined by CITY standards, significant trees are evergreen trees that are 6 inches or more in diameter and 4 feet or taller, and deciduous trees that are 4 inches or more in diameter and 4 feet or taller. This detailed mapping will be done in CITY standards and in a manner sufficient to create 1-foot contours on the base map. City of Auburn 214-1931-044 Auburn Way South Widening 9 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • Horizontal datum will be NAD 83-91 as provided by Washington State Reference Network(WSRN), also known as Washington State Plane Coordinate System, North Zone. The CONSULTANT will coordinate with the CITY's Survey Department for a list of known and accepted control monuments. • Vertical datum will be NAVD 88 as provided by CITY published benchmarks. Vertical values established for site control points will be based upon differential leveling procedures. • Topographic mapping and survey data provided by the CITY as described in Work Element 2.1.1,with the same assumptions as the above bullets. • The Auburn School District's planned re-construction of Chinook Elementary (ASD Project) will require the Auburn School District to design and construct public improvements per Auburn City Code (ACC) Section 12.64A and other improvements to mitigate impacts of the ASD Project. The City has not yet determined what these public improvements are, however, it is anticipated that the scope of the public improvements required for the ASD Project may include roadway widening, pedestrian facilities, new traffic signal, storm improvements, lighting, and other improvements that overlap with the scope of the improvements in this Agreement. Prior to any design work on these potential overlap elements and once a determination has been made by the City,the scope may be revised to remove elements being done by the ASD. • Potholing of utilities, if required, will be provided by others, or by supplement to this Agreement. Deliverable(s) • Field-gathered data and encumbrances identified in the title reports will be reviewed, processed, and entered into an AutoCAD Civil 3D drawing. From this information, planimetric features will be drawn and symbols shown to reflect existing improvements, ground conditions, and right-of-way and property lines. A digital terrain model will be prepared and 1-foot contours generated. 2.2.2—Stormwater Site Mapping If during Conceptual Design Work Element 2.4, potential stormwater sites are identified beyond the limits of survey described in Work Element 2.2, the CONSULTANT will provide additional field survey and topographic mapping to supplement the AutoCAD Civil 3D format base map.Additional mapping will be only as necessary to support conceptual and/or final stormwater site design efforts. Assumption(s) • Potential stormwater site will be up to 0.7 acres and within the limits of survey control for the Project. • Assumptions for Work Element 2.2 also apply to this work element. Deliverable(s) • Field-gathered data will be reviewed, processed, and entered into an AutoCAD Civil 3D drawing. From this information, planimetric features will be drawn and symbols shown to reflect existing improvements, ground conditions, and right-of-way and property lines. A digital terrain model will be prepared, and 1-foot contours generated. City of Auburn 214-1931-044 Auburn Way South Widening 10 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services 2.3—Conceptual Design 2.3.1—Baseline Roadway Concept Development The CONSULTANT will update and translate the CONSULTANT's conceptual roadway layout sketch (presented to CITY on 9/20/2019) to correspond with the surveyed coordinate system of the Project and additional topographic survey and right-of-way information provided under Task 2.2. 2.3.2—Access Management Strategy The CONSULTANT will identify options for access management within the corridor. The CONSULTANT will: • Collect turning movement counts for the AM and PM peak periods for the following along Auburn Way South: Intersections at: • Hemlock Street SE • Private Drive (opposite School Driveway) • Noble Court SE • Poplar Street SE Redwood Court Driveways at: • Commercial Accesses between Hemlock and south of Redwood Court. (approx. 17 driveways at ten camera counter locations) • Collect tube counts at one location along Auburn Way South. • Counts will be 24-hour counts for each and provide vehicle count, classification and speed data for 15-minute intervals over a 7-day period that includes the collection days for the above stated turning movement counts. Coordinate with DISTRICT and CITY staff to obtain School trip forecasts and distribution between up to two access points from the School site. • Coordinate with REGION and LOCAL PROGRAMS to confirm design and horizon year for traffic forecasts. • Utilize tube count information and CITY-provided forecast assumptions to grow existing count data to design year(assumed 2035) and horizon year(assumed 2040)volumes. (Assumptions:Forecast assumptions provided by CITY will be either percentage growth rates, or existing year and design and horizon years turning movement/link volumes that the CONSULTANT can use to calculate growth rates.) • Develop up to three concepts for access management. • Redistribute forecasted turning movements for each access management concept to address level of service during AM and PM peak periods at the following intersections on Auburn Way South: Hemlock Street SE. City of Auburn 214-1931-044 Auburn Way South Widening 11 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services School Driveway. • Noble Court SE. • Redwood Court. • Participate in two (2) meetings with the CITY to confirm and evaluate access management concepts and analysis. • Document findings in a brief technical memorandum. Deliverable(s) • Draft meeting notes in Word format for the CITY's Project Manager to finalize and distribute, as appropriate—One(1) electronic copy. • Draft and Final Technical Memorandum—One (1) electronic copy. 2.3.3—Conceptual Design Development and Coordination • Conceptual Design Development Because of the interrelation between the CITY's Project and the adjoining Auburn School District's (the DISTRICT) Chinook Elementary School Replacement Project, coordinating with the DISTRICT is important to the success of the CITY's Project. The CITY's leadership in this role will assist in reaching favorable outcomes in coordinating street frontage improvements and utility relocations/undergrounding and smooth the WSDOT Northwest Region (REGION) approvals process. Federal funding of the CITY's Project and the timing of dedication of property rights by the DISTRICT may also affect some of the activities and documentation requirements. See Work Element 8.1 for additional details of work to be performed by CONSULTANT's ROW Staff. CITY Planning and Public Works staff have been meeting with the DISTRICT and coordinating with NAC Architects (DISTRICT's Architect) to discuss how their two projects can most successfully move forward. The CONSULTANT will work with CITY staff to support CITY negotiations with the DISTRICT. • Work Sessions The purpose of this task is to collaboratively refine conceptual designs in Kick-Off meeting and a series of work sessions with the CITY, DISTRICT and/or REGION. The CONSULTANT will assist the CITY with preparation for, and participation in, meetings with CITY staff, DISTRICT and/or REGION representatives).Specific elements that will be coordinated with the DISTRICT and/or REGION during the preliminary design include the CITY's intentions regarding: Ultimate channelization requirements along Auburn Way South. Intersection requirements, including: • Signalized vs. Roundabout (contingent upon REGION coordination). • Turn pocket requirements (assuming signal). • Accommodation of U-turns for access management. City of Auburn 214-1931-044 Auburn Way South Widening 12 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • Forward compatibility of DISTRICT-constructed signal and ITS with CITY's ultimate channelization, signal, and ITS infrastructure needs. . Widening for transit stop pull-outs. . Utility relocations and/or undergrounding. Water main upgrades on Auburn Way South in relation to the School project. Potential stormwater facilities on the DISTRICT's property. Assumption(s) • The CITY will lead all coordination with the DISTRICT and REGION regarding the interface between the CITY's Project and the School project. The CONSULTANT will provide input to meeting agendas through the CITY's Project Manager and attend meetings when requested by the CITY's Project Manager. • The CITY will lead all coordination with other outside agencies,such as LOCAL PROGRAMS and MIT as described in Work Element 4.6. • The CONSULTANT will assist the CITY with preparing for and providing two (2)staff members to attend the Kickoff Meeting with the CITY,or the CITY and DISTRICT and/or REGION. Kickoff Meeting will be up to two(2) hours in duration. • The CONSULTANT will prepare for and provide up to three (3) staff members to attend four additional workshops with the CITY, or the CITY and the DISTRICT and/or REGION. Workshop sessions will be up to three (3) hours in duration. • Up to two roll plots will be required for each work session. Deliverables) • Up to two(2) roll plots for each of four (4)work sessions. • Draft meeting notes in Word format for the CITY's Project Manager to finalize and distribute, as appropriate—One (1) electronic copy. 2.3.4—Surface Water and Stormwater Analysis The purpose of this task is to identify and evaluate concepts for managing stormwater. The CONSULTANT will develop up to two alternative schematics for stormwater management for the Project.The schematics will include up to two(2)flow control facilities options including both on-site and off-site options, potentially, one being on the DISTRICT's property. In addition, the two (2) alternatives will include runoff treatment options comprised of combinations of up to three (3) Best Management Practices(BMP5). Low-impact development BMPs will be given first consideration. The preliminary channelization design will be used to estimate the minimum stormwater requirements and to size the stormwater facilities. The CONSULTANT will use the City of Auburn Surface Water Management Manual(SWMM)to identify stormwater management requirements and develop the conceptual design. More specifically, the CONSULTANT will: City of Auburn 214-1931-044 Auburn Way South Widening 13 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • Identify Total Drainage Areas(TDAs),receiving waters,and flow control requirements for each TDA. • Conduct a site visit to verify drainage basins and identify locations for stormwater BMPs. • Evaluate BMP5 and assist the CITY with evaluation and selection of preferred Project BMP5. Preliminary sizes of flow control facilities and/or BMP5 will be estimated in order to identify cost and right-of-way requirements. These alternatives and options will be presented to the CITY in Work Session No. 1 and to the DISTRICT in Work Session No. 2 (see Task 2.4.4 above). Based on the feedback and refinement of the design concepts,a preferred alternative will be presented to the CITY in Work Session No. 3 for consideration and then to the DISTRICT in Work Session No. 4. Following these sessions, the CITY will select a preferred alternative to be included in the 30% Plans. The CONSULTANT shall prepare up to a 5-page Stormwater Technical Memorandum, not including attachments, describing flow control requirements, design assumptions, options considered, proposed flow control facilities, and/or BMP5 proposed for management of stormwater runoff from the Project. Assumption(s) • The SWMM consists of the Washington State Department of Ecology's(Ecology)2014 Manual with the City of Auburn's 2020 Supplemental Manual requirements. Deliverable(s) • Draft Technical Memorandum including summary of minimum requirements for flow control and runoff treatment for the Project and three potential flood conveyance alignment schematics. • Final Technical Memorandum incorporating comments from the CITY —One (1) electronic copy. 2.4—Right-of-Way Planning(CONSULTANT's ROW Staff Only) The CONSULTANT's ROW Staff will support the CITY during preliminary design with certain Project planning efforts in anticipation of the future right-of-way acquisition efforts. 2.4.1—Preparation and Administration The CONSULTANT's ROW Staff will discuss, strategize, and plan overall process with Project team, attend Project kickoff meeting, and participate in up to two (2) conference calls and up to two(2) of the progress meetings described in Work Element 1.1.3. The ROW Staff will provide up to four (4) progress reports as described in Work Element 2.2 and coordinate the use of approved acquisition documents with the CITY. City of Auburn 214-1931-044 Auburn Way South Widening 14 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services 2.4.2—Title/Ownership Review ROW Staff will obtain title reports for parcels within the Project limits, from which ROW and/or temporary construction easements are anticipated to be obtained. ROW Staff will perform reviews of existing right-of-way and ownership information and review special exceptions described in each title report to determine the CITY's acceptance of title at closing. Staff will provide the CITY with a parcel summary memorandum listing ownerships, title exceptions, etc. As part of this review, ROW Staff will obtain preliminary commitment (date down) title reports for up to 29 parcels within the Project limits. 2.4.3—Public Outreach The CONSULTANT's ROW Staff will attend up to three(3) of the one-on-one "early on-site" meetings described in Work Element 1.1.5. These meetings are intended for information gathering purposes such as building rapport with property owners, understanding their concerns for design considerations, determination of existing septic system locations, etc. 2.4.4—Project Funding Estimate (PFE) The CONSULTANT's ROW Staff will prepare a PFE. The PFE will be a detailed parcel-by-parcel estimate of total expecting ROW acquisition cost and is used to obtain authorization and confirm funding for the Project. A PFE is required if any appraisals are planned to be waived and the CITY intends to prepare waiver valuations for any of the parcels on the Project. To qualify,the just compensation, based on the ROW PFE, must be no greater than the waiver valuation limit as defined in the CITY's approved ROW procedures (typically, $25,000), AND the acquisition must be uncomplicated, with the only damages being minor cost to cure items.The combined estimate of the just compensation plus the cost to cure(s) cannot exceed the agency's approved waiver limits. The PFE must be based on confirmed comparable sales and must reflect the current market. The PFE will be prepared in accordance with the City's WSDOT approved Right of Way Acquisition procedures and WSDOT's Local Agency Guidelines—Section 25(Right of Way Procedures). The PFE will be reported as a Restricted Appraisal Report in accordance with and subject to the requirements of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice (USPAP)as formulated by the Appraisal Foundation. As part of the PFE, individual parcel worksheets and Administrative Offer Summaries (AOS) will be prepared for up to 29 separate parcels and will include an Estimate of just compensation using comparable sales data and information obtained from Project ROW plans. Estimated amounts of just compensation from each parcel worksheet will be entered into a Project Summary Worksheet to include other items of ROW-related costs for review and use by the City. The CONSULTANT will coordinate with the CITY to ascertain and determine which parcels qualify for the Appraisal Waiver process. Assumption(s) • Up to 29 title reports will be required.Title reports will be preliminary title commitment type with date down updates provided through December 31, 2021. • No negotiation activities will be provided under this task. See Work Element 8.1 for additional details of work to be performed by the CONSULTANT's ROW staff. City of Auburn 214-1931-044 Auburn Woy South Widening 15 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Deliverable(s) • Parcel Summary Memorandum—One(1) electronic copy. • Project Funding Estimate, draft and final versions—One(1)electronic copy each. 2.5—Design Memorandum The CONSULTANT will prepare a report to summarize the preliminary design efforts. Key issues to be addressed in the Design Memorandum: • Project limits and funding. • Widths of planting strips, medians,and sidewalks. • Coordination with other planned projects and/or utility upgrades. • Stormwater requirements. • ROW needs. • Traffic forecasts(From Work Element 2.4.2). • Traffic analysis (Summary of results from Work Element 2.4.2). • Access management. The Design Memorandum will address the following specific design criteria for Auburn Way South, Noble Court SE, and Poplar Street SE to be used as the basis for completing formal design of the Project: • Roadway classifications. • Posted speed. • Design speed. • Design vehicle. • Curb return radii. • Lane widths. • Planting strip widths. • Sidewalk widths. • Clear zone. • Illumination light levels and uniformity(Auburn Way South only). Assumption(s) • Design Memorandum will be between 5 to 10 pages in length, not including appendices and graphics. Deliverable(s) • One (1) Draft Design Memorandum in Word format. City of Auburn 214-1931-044 Auburn Way South Widening 16 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • Final Design Memorandum—One (1)electronic copy in PDF format. 2.6—WSDOT Coordination The CONSULTANT will coordinate with the REGION to obtain necessary REGION approvals. 2.6.1—Intersection Control Evaluations(ICE) The CONSULTANT will assist the CITY in gathering and providing Project information to the DISTRICT for the DISTRICT's use in preparing an ICE for the School Driveway intersection. No other ICE are anticipated to be required for the CITY's Project. 2.6.2—Summary of Design(SOD) The CONSULTANT will complete the WSDOT SOD form and submit to the CITY for review and approval prior to submittal to the REGION. The CONSULTANT will respond to CITY and/or REGION comments and resubmit the final SOD to the REGION for approval. It is anticipated that there will be two rounds of REGION review and CONSULTANT comment responses before the final is submitted to the REGION for formal approval and signatures. 2.6.2—Plan for Approval(PFA) The CONSULTANT will prepare channelization Plan for Approval (PFA) for the CITY's Project improvements on Auburn Way South. The PFA will be prepared according to the REGION's PFA checklist. Assumption(s) • Up to four(4) meetings will be required with the REGION staff at the REGION offices in Tumwater to coordinate review of conceptual design,access management strategies,and completion of the SOD and PFA. • ICE for the School Driveway intersection will be prepared by the DISTRICT. REGION approval of the ICE for the School Driveway will be obtained by the DISTRICT. • If efforts during Conceptual Design Work Element 2.4 determine a roundabout is desired at Poplar Street SE, or any other intersection within the Project, an ICE will be required and prepared by Management Reserve or supplement to the Agreement. • SOD will be completed utilizing information developed under other Work Elements. No deviations are anticipated to be required for the Project. Work efforts to prepare Maximum Extent Feasible (MEF) documentation, if required, will be provided under Work Element 7.2 — 95% Bid Documents. • PFA will be prepared in accordance with the REGION's PFA checklist. Up to two resubmittals may be required prior to submitting final PFA on mylar for formal approval and signatures. The DISTRICT will prepare and obtain REGION approval of any PFA(s)required for the School project's "interim"improvements. City of Auburn 214-1931-044 Auburn Way South Widening 17 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • Services under this Work Element are for coordination with the REGION only. Coordination with LOCAL PROGRAMS, if required, will be provided for under Work Elements 2.5 and 8.1 and Work Element 4.6 for work related to ROW and environmental elements of the Project. 2.7—Preliminary Plans(30%) The CONSULTANT will prepare preliminary plans, bid item list, and opinion of construction costs to accompany the Design Memorandum described in Work Element 2.6 and submit to the CITY for review. Comments received from the CITY during the conceptual design efforts will be incorporated into the 30%Submittal. A total of 47 drawings are anticipated to be included in the 30%Submittal as identified in Exhibit A-3. The CONSULTANT will analyze proposed lighting using AGi32 software to confirm conformance with light level and uniformity design standards for the Project. The CONSULTANT will prepare a preliminary bid item list with an indication for each bid item if the item is proposed to be used as 1)WSDOT Standard Item, 2)WSDOT General Special Provision (GSP) Item, 3)CITY's GSP Item, or 4) if a Special Provision item description will be required. The CONSULTANT will prepare a 30%-level opinion of construction costs. Assumption(s) • 30% Drawings will graphically depict the "footprint" of proposed Project improvements, with minimal notes and dimension provided only as necessary to supplement the Design Memorandum described in Work Element 2.6 in conveying the intent of the preliminary design of the Project. To minimize drawing rework, the drawings included in the 30%Submittal will be in- progress versions of the drawings that will be included in subsequent submittals. • Bid item list specifications will be based on the 2020 WSDOT Standard Specifications, CITY's 2020 general special provisions with Project-specific edits, special provisions, bid proposal, federal provisions, and the CITY's front end/contract boilerplate Divisions 0 through 9. • The bid proposal and opinion of construction cost at the 30%Submittal will be based as much as possible on the unit bid items proposed for payment in the construction contract. However, because of the preliminary nature of the design at this stage of the Project, it is expected that some lump sum and/or square-foot costs will be used for estimating portions of Project costs. Additionally,an estimating contingency factor will be applied to the opinion of cost to account for design uncertainties at this level of design. • Streetscape improvements will not require irrigation in the public right-of-way. Deliverable(s) • 30% Drawings—One(1) electronic copy(PDF format). • 30%AutoCAD Files—One(1)electronic copy (AutoCAD format). • 30%Opinion of Cost—Two (2)electronic copies (PDF and Excel formats). City of Auburn 214-1931-044 Auburn Way South Widening 18 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services 2.8—Stormwater Site Plan The CONSULTANT will prepare a Stormwater Site Plan to include both hydraulic design and TESC design. The report will be prepared in accordance with the CITY's Surface Water Management Manual (SWMM). The CONSULTANT will address all of the applicable Minimum Requirements per the SWMM. The Stormwater Site Plan will also include the Stormwater Pollution Protection Plan (SWPPP) described in Task 5.7 to satisfy National Pollutant Discharge Elimination System (NPDES) permit requirements. Assumption(s) • The SWMM consists of the Washington State Department of Ecology's 2014 Manual with the City of Auburn's 2020 Supplemental Manual requirements. Deliverable(s) • Draft Stormwater Site Plan—One (1) electronic copy(PDF format). • Final Stormwater Site Plan—One (1) electronic copy(PDF format). Work Element 3— Utility Coordination 3.1—Utility Coordination 3.1.1—Data Gathering and Review The CONSULTANT will coordinate with the CITY to obtain copies of all available roadway and utility record drawings and show on Project base maps as appropriate. The CONSULTANT will review for discrepancies between record drawings and field data gathered under Work Element 2.2 and prepare a memorandum to summarize the findings and recommend additional utility markings and/or locates (potholing) to be provided by the utility providers or as a supplement to this Agreement. Under this Work Element, the CONSULTANT will provide direction to the surveyors to reconcile discrepancies as best as possible with the available information. Updates to the base maps associated with reconciling discrepancies will be provided as described under Work Element 2.2. 3.1.2—Conflict Analysis The CONSULTANT will identify potential Project conflicts with existing utilities and provide the CITY with a map of recommendations for potholing where additional subsurface information is needed. Utilizing pothole data and other information made available at the time, the CONSULTANT will provide to the CITY recommendations for adjustment and/or relocation/removal by the affected franchise utility. 3.1.3— Coordination Meetings The CONSULTANT will participate in coordination meetings with the CITY and franchise utilities such as Puget Sound Energy, CenturyLink, and Comcast. City of Auburn 214-1931-044 Auburn Woy South Widening 19 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Assumption(s) • The CITY will lead all coordination with franchise and CITY utilities.The CONSULTANT will provide input to meeting agendas through the CITY's Project Manager and attend meetings. • The CONSULTANT will assist the CITY with preparing for and providing two staff members to attend up to three(3)meetings with franchise utilities at approximately the following times during the Project: Two(2)to four(4)weeks before turn-in of 30%Submittal to the CITY. Two(2)to four(4)weeks after beginning development of the 70% Plans. Two(2)to four(4)weeks after turn-in of 95%Submittal to the CITY. Time to be determined as needed for one-on-one or field meetings to address specific conflict/relocation issues. Deliverable(s) • Base mapping of existing utilities (included in Task 2.2, Field Survey). • Utility Marking and Locate(Pothole) Data Request Memorandum—One(1)electronic copy. • Utility Conflict Plans—One for each utility coordination meeting. • Draft meeting notes in Word format for the CITY's Project Manager to finalize and distribute, as appropriate—One(1)electronic copy. Work Element 4—Environmental The scope of environmental services is segregated into the following major tasks: National Environmental Policy Act (NEPA) Compliance, including Endangered Species Act and National Historic Preservation Act Compliance and State Environmental Policy Act (SEPA) Compliance. Assumption(s) The following general assumptions apply to the environmental process: • The level of National Environmental Protection Act(NEPA)documentation required by the Federal Highway Administration (FHWA) and Washington State Department of Transportation (WSDOT) will be a Documented Categorical Exclusion (DCE), met by preparing an Environmental Classification Summary (ECS) with supporting documents. The need for addressing various environmental topics is summarized in Table 1. The supporting documents are specified in this scope of services. • The Project can be planned and designed to meet current stormwater standards and guidelines such and the Project will not require a Biological Assessment (BA). Endangered species act compliance will be documented via a No Effect letter or similar. • Via the National Historic Preservation Act Section 106 process, it is assumed that no adverse effects will be identified for historic, cultural, or archaeological resources.The scope for arriving at this conclusion is detailed in Task 4.3 below. City of Auburn 214-1931-044 Auburn Way South Widening 20 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • The Project will not impact wetlands, streams, or other designated critical areas or their buffers. The Project will not require Clean Water Act section 404/401 permits or approvals from the Corps of Engineers or Washington Department of Ecology. • The Project will not affect any streams. The Project will not require a Hydraulic Project Approval from the Washington Department of Fish and Wildlife. • There will not be significant public opposition to the Project, thus only one public meeting is planned. • The State Environmental Protection Act (SEPA) checklist completed by the CONSULTANT and processed by the CITY will result in a CITY Mitigated Determination of Nonsignificance. 4.1—NEPA Compliance The following table outlines the disciplines that are anticipated to be included in the NEPA documentation: Table 1.Applicability of Discipline-Specific National Environmental Protection Act(NEPA)Analyses NEPA Discipline Other Project Topic Report? Document? Remarks Earth No Geotechnical Report Work Element 5.1. Surface Water No Stormwater Site Plan Work Element 4.8. Wetlands and Streams No — Not applicable Floodplains No — Not applicable. Groundwater No — Best Management Practices will be utilized during construction. Fish,Wildlife,Vegetation No Biological Assessment No Effects on non-listed fish,wildlife,and vegetation Effect Letter will not be significant and will be addressed in the ECS. Energy No — No significant impacts. Air No — Work Element 4.1.1. Noise Yes — Work Element 4.1.3. Hazardous Materials Yes — Work Element 4.1.4. Land Use No — Projects under DCEs typically do not require a land use discipline analysis.This scope assumes that no farmland will be converted either for the roadway or for mitigation. Historic,Cultural, No Section 106 Report Work Element 4.3. Archaeological Section 4(f) No — No Section 4(f)resources are present in the Project area. Social and Community No — The Project will not have any significant impacts. City of Auburn 214-1931-044 Auburn Way South Widening 21 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Table 1.Applicability of Discipline-Specific National Environmental Protection Act(NEPA)Analyses NEPA Discipline Other Project Topic Report? Document? Remarks Environmental Justice No Letter to file with ECS Some documentation is required because there are protected populations in the Project vicinity. However,it is assumed that there will be no adverse effects.Effort captured in Task 4.1.5 (ECS). Visual No — Roadside character will not be changed because road widening is only 3,000 linear feet and road is already widened at both ends. Transportation No Traffic Study The past or updated Traffic Study will support both the purpose and need and the NEPA analysis. Public Services and No — No significant impacts.Utility impacts will be Utilities covered in design documentation.Road will remain open during construction,reducing impacts to public services. 4.1.1—Air Quality Analysis Assumption(s) • Project is in an attainment area. No air quality analysis is needed. Deliverable(s) • None required. 4.1.2—Wetlands and Streams Wetlands and streams are regulated by local, state, and federal regulations. The Project area is not known to contain wetlands or streams based on exiting critical areas mapping. The CONSULTANT will conduct a reconnaissance-level investigation of the Project area to confirm existing mapping and document that no wetlands or streams occur within the Project area. Assumptions • The investigation will be conducted from within the existing right-of-way. If needed,the CITY will secure any rights of entry necessary for field work beyond the existing right-of-way. Deliverables • One(1) Preliminary Technical Memorandum in Word format. City of Auburn 214-1931-044 Auburn Way South Widening 22 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • Final Technical Memorandum—One(1)electronic copy in PDF format. 4.1.3—Noise Analysis The CONSULTANT will perform a traffic noise analysis for widening and improvements to a section of Auburn Way, in the City of Auburn Washington, from the match point at Hemlock Street SE to the match point just east of Redmond Court.The analysis will be based on the guidelines presented in the current Federal Aid Policy Guide, Sub-chapter H, Part 772, Procedures for Abatement of Highway Traffic Noise and Construction Noise (FHWA 2010) and the 2011 Traffic Noise Policy and Procedures (WSDOT 2012). The CONSULTANT will first conduct a reconnaissance of the project area to identify all of the land uses and locate noise-sensitive properties within 500 feet of the project area as described in the Procedures for Abatement of Highway Traffic Noise and Construction Noise. Physical and terrain features that affect noise propagation and features that may be altered during construction shall be identified. Noise measurements and traffic counts will be conducted at sites as needed to calibrate the traffic noise model and to ensure complete description of existing noise levels that are representative of the land uses along the proposed alignments. Measurements near existing active roadways will be conducted for a 15-minute sampling period during daytime off-peak hours (10 AM to 4 PM) when traffic is moving freely. Traffic counts and classifications will be conducted concurrently with the noise measurements.All noise sources will be noted and those that may interfere with future determination of noise abatement will be identified. Photos of the monitoring site will be taken and detailed graphics depicting the monitoring site will be produced. Traffic noise levels at each validation measurement site will be predicted using the FHWA Traffic Noise Model (TNM, version 2.5) using the existing roadway configurations and the traffic counts from the noise measurement survey. The sound level predictions will be compared with the measured sound levels to reach close agreement of±2 dB. Based on site visits, review of aerial mapping, and land use inspection, a set of representative noise modeling sites will be located throughout the project area. Frequently,one modeling location will be used to represent several nearby locations expected to have similar or slightly lower noise levels than the modeling location. The number of modeling sites will be sufficient to accurately predict existing and future(year 2040) No-Build and future Build traffic noise levels, identify all potential traffic noise impacts, and evaluate traffic noise abatement measures. Using the validated model, existing peak hour traffic volumes from project traffic engineers will be used with posted speed limits to calculate existing peak hour noise levels at each of the modeling sites.Traffic noise level projections will also be performed for the same sites using the future No-Build traffic volumes. These predicted noise levels will be used for comparison with the future Build noise levels and to aid in the understanding of the potential change in project area noise levels. Future Build noise levels during peak hour will also be modeled at the selected noise-sensitive sites with the proposed new and improved roadways and ancillary facilities included. The future Build traffic noise levels will be compared to the approach or exceed and allowable increase noise criteria City of Auburn 214-1931-044 Auburn Way South Widening 23 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services using the WSDOT policy. For residences, noise impacts occur if future traffic noise levels approach or exceed 66 dBA Leq during peak hours. In accordance with FHWA and WSDOT requirements, noise abatement measures will be considered at locations along the alignments where traffic noise impacts are predicted. Due to limited right-of- way, it is assumed that noise abatement measures considered will be limited to noise walls, as there is not sufficient right-of-way to consider berms in the corridor.The CONSULTANT will provide location, length, height,profile,estimated cost(using WSDOT policy),and number of benefiting noise-sensitive properties for each proposed barrier. This information will be used for comparison with WSDOT criteria for reasonable and feasible noise abatement. For those areas with noise impacts and no reasonable and feasible noise abatement measures, the analysis will provide a discussion for these impacts and specifically note reasons for not including any noise abatement. Construction activities that may cause annoyance at nearby noise-sensitive land uses will be qualitatively assessed in accordance with WSDOT's procedures. The CONSULTANT will discuss local laws applying to construction noise. The CONSULTANT will prepare a noise technical report summarizing the finding of the noise study. The contents will include an introduction to acoustics and discuss land use, methodology, existing noise levels, future No-Build and Build noise levels, noise impacts, and recommended noise abatement.The report will follow the WSDOT policy for a traffic noise technical analysis.It will provide existing and proposed alignments on vicinity-scale maps. Impacts, monitoring locations,and sensitive receivers will be shown on area maps at an appropriate scale. Tables, with comparisons, will be prepared to aid in the understanding of project impacts and mitigation. Any noise abatement measures considered will be detailed in the report,to include reasonability and feasibility analysis and recommendations on construction.A discussion of potential impacts to future land uses in the context of existing and planned land uses will be provided. Construction noise impacts and local regulations, as described above, will be discussed. The initial report will be submitted in Microsoft(MS)Word format for review and comments from the OWNER, PBS Environmental, project shareholders, and WSDOT. After revisions based on the comments are completed,a final report will be produced in PDF electronic format. Assumption(s) • Up to 6 noise monitoring sites will be needed for Project model calibration. • Up to 35 noise modeling sites will be needed to evaluate noise levels along the project corridor. • CAD files in AutoCAD for the existing roadway alignment and proposed roadway alignment, including aerial photo(s),will be provided by the CONSULTANT through other Work Elements. • Traffic data,including turning movements for major arterial cross streets(e.g.,Hemlock Street SE), will be provided by the CONSULTANT from the results of services under Work Element 2.4.2, and will include existing, future No-Build and future Build volumes, posted speed limits, and percentage of vehicle types (e.g., passenger vehicles, medium trucks, and heavy trucks). City of Auburn 214-1931-044 Auburn Way South Widening 24 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • Detailed design and construction documents for any potentially identified mitigation or abatement solutions will be provided by Management Reserve or supplement to the Agreement, if required. Deliverable(s) • One (1) Preliminary Draft Noise Analysis Technical Report in PDF format. • One(1) Revised Draft Noise Technical Report in PDF format. • Final Noise Analysis Technical Report—five(5) hard copies and one (1)electronic PDF copy. • Noise monitoring sheets and details in PDF format. • Noise wall locations and heights(where and if applicable). • Noise analysis modeling files in TNM format. 4.1.4—Hazardous Materials Analysis CONSULTANT will review the hazardous material layer of the WSDOT GIS Workbench, Ecology's Facility Site Atlas/ISIS database, and/or an environmental regulatory database search. Then the CONSULTANT will prepare a brief technical memorandum that identifies any sites within 1/2 mile of the Project area and describes why these sites are unlikely to be encountered during construction. The preliminary Draft Technical Memorandum will be submitted for review by the CITY. The CONSULTANT will address CITY comments and submit a revised Draft Technical Memorandum for submittal to WSDOT.The WSDOT comments will be addressed in a Final Technical Memorandum. Assumption(s) • Sites will be identified within a 1/2 mile radius. • None of the sites will be a concern for construction or right-of-way acquisition. Deliverable(s) • One(1) Preliminary Draft Technical Memorandum in Word format. • One(1) Revised Draft Technical Memorandum in Word format. • Final Technical Memorandum—One(1)electronic copy in PDF format. 4.1.5—Environmental Classification Summary(ECS) The CONSULTANT will prepare a Draft ECS in support of a NEPA DCE.The ECS will rely on the findings of the discipline analyses identified in Work Elements 5.1.1 through 5.1.4, as well as the 30%design. No other discipline-specific analyses will be completed.The CONSULTANT will submit the Draft ECS to the CITY for review and comment.Then the CONSULTANT will revise the ECS based on the comments and submit to the CITY for signature and submittal to WSDOT. This task includes one coordination meeting with WSDOT to confirm the applicability and level of discipline-specific analyses. City of Auburn 214-1931-044 Auburn Way South Widening 25 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Assumption(s) • The CITY will sign and submit the ECS to LOCAL PROGRAMS. • The ECS will be completed using WSDOT software. • The CONSULTANT's Project Manager and environmental lead will participate in the meeting. Deliverable(s) • Draft meeting notes in Word format submitted to the CITY's Project Manager to finalize and distribute as,appropriate. • Draft and Final ECS—One(1)electronic copy of each in PDF format. 4.2—Endangered Species Act Compliance The purpose of this work element is to comply with Section 7 of the Endangered Species Act (ESA) by preparing a letter of no effect addressing the potential impacts of the proposed Project on ESA-listed fish and wildlife species and designated critical habitat. The CONSULTANT will prepare the No Effect letter following WSDOT requirements. Preparation of the No Effect letter will involve conducting a site visit and gathering and synthesizing existing information on the Project area and species distribution/timing. Information gathering will include a review of WDFW Priority Habitats and Species data; the Washington Department of Natural Resources Natural Heritage Database information regarding sensitive or threatened plant species that may occur in the area;the USFWS list of threatened, endangered, and proposed species in King County; and the NMFS web site. In addition,the CONSULTANT will contact agency biologists and use internet and literature searches to gather information on species use of the Project area and action area. The CONSULTANT will submit the Draft No Effect letter to the CITY electronically,as a Microsoft Word file. The CITY will review the draft document and provide consolidated comments,either in the form of tracked changes in the Microsoft Word file or as a separate list.Within 3 weeks of receiving the CITY's consolidated comments,the CONSULTANT will revise the No Effect letter for the CITY to submit to WSDOT for review. Based on any WSDOT comments,the CONSULTANT will revise the No Effect letter. Assumption(s) • Fieldwork will be limited to a single reconnaissance-level site visit described above and will not include surveys for vegetation,fish, or wildlife, GPS mapping, professional land surveys,or other activities. • HI-RUN Modeling,if required by WSDOT,will be provided by Management Reserve or supplement to the Agreement. • The evaluation will result in a determination of"no effect." Consultation with NMFS and USFWS will not be required. City of Auburn 214-1931-044 Auburn Way South Widening 26 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Deliverable(s) • Draft No Effect letter— Electronic copies (PDF and Word). • Final No Effect Letter—Electronic copies (PDF and Word). • Revised No Effect Letter—Electronic copies (PDF and Word). 4.3 — National Historic Preservation Act Compliance (CONSULTANT's Cultural Resources Consultant Only) The CONSULTANT's Cultural Resources Consultant(CRC)will provide Section 106 compliance services.CRC will: • Provide a letter template for identifying the Area of Potential Effects (APE). (CONSULTANT will define the APE.) • Conduct a search of site files recorded at Washington Department of Archaeology and Historic Preservation (DAHP); review relevant correspondence between the Project proponent, stakeholders, and DAHP;and review pertinent environmental, archaeological, ethnographic, and historical information appropriate to the Project area. • Contact the cultural resources staff of tribes that may have an interest in the Project area. • Provide a field investigation of the Project location for identification of archaeological and historical resources and, if necessary, excavation of shovel test probes or other exploratory excavations in environments that might contain buried archaeological deposits. Field methods will be consistent with DAHP guidelines. • Document and record archaeological and historic sites within the Project area, including preparation of Washington State archaeological and/or historic site(s)forms. Documentation will be consistent with DAHP standards. • Prepare a Technical Memorandum describing background research, field methods, result of investigations, inadvertent discovery plan, and management recommendations. The report will provide supporting documentation of findings, including maps and photographs,and will conform to DAHP reporting standards. Assumption(s) • No previously unrecorded archaeological sites will be identified. • Up to ten (10) historic sites will be identified and inventoried. • No more than eight(8) shovel test probes would be excavated. • No private utility locates will be required. • CITY or CONSULTANT will coordinate right-of-entry for CRC to conduct field investigations on private property as needed if the APE extends beyond existing public right-of-way. City of Auburn 214-1931-044 Auburn Way South Widening 27 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Deliverables • APE letter template to be provided electronically in Word format. • Draft and Final Report and support materials will be provided electronically in PDF format. 4.4—SEPA Checklist The CONSULTANT will complete a SEPA checklist using CITY standard forms for same for processing by the CITY. The CONSULTANT will prepare earthwork and surface conversion area quantities and other design related information for use in preparing the SEPA checklist and for the CITY's use in preparing other CITY permit applications. Assumption(s) • The SEPA checklist will be completed by CONSULTANT and processed by the CITY. • The NEPA studies will be written to also address SEPA requirements. • No special hearings are anticipated nor included in the budget estimate. • The SEPA checklist will include earthwork and surface quantities that the CITY can incorporate into local permit applications. • The CITY will prepare and submit applications for the CITY's grading and stormwater permits. • No additional studies or permits will be required beyond those already specified in this scope of services. Deliverable(s) • Draft SEPA checklist—One (1)electronic copy in Word format. • Final SEPA checklist—One(1) electronic copy in Word format. 4.5—Construction NPDES Compliance The CONSULTANT will prepare a Construction Stormwater Pollution Prevention Plan (SWPPP) to comply with the Department of Ecology's Construction Stormwater General Permit. A draft copy of the SWPPP will be prepared for CITY review and comment.A final copy will be prepared for inclusion in the contract documents without the contractor-provided information.The SWPPP will include the TESC plans prepared under the TESC work element and will include the construction stormwater monitoring points. The CONSULTANT will provide quantities to the CITY for the Notice of Intent(NOI). Assumption(s) • The CITY will prepare the NOI. • The CITY will submit the NOI to the Department of Ecology and post the public notice advertisements. • The CITY will provide draft special provisions to be used as a template for establishing the Contractor's role in compliance with NPDES during construction. City of Auburn 214-1931-044 Auburn Way South Widening 28 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Deliverable(s) • Draft SWPPP—One(1)electronic copy in Word format. • Final SWPPP—One(1)electronic copy in PDF format. • Area quantities for Notice of Intent. 4.6—Agency Coordination The CONSULTANT will participate in coordination meetings with potentially-affected outside agencies such as LOCAL PROGRAMS and MIT. Assumption(s) • The CITY will lead all coordination with public agencies and tribes.The CONSULTANT will provide input to meeting agendas through the CITY's Project Manager and attend meetings when requested by the CITY's Project Manager. • The CONSULTANT will assist the CITY with preparing for and providing two staff members to attend up to four(4) meetings with public agencies. • The CONSULTANT's additional coordination with public agency staff related to environmental planning and permitting will be as addressed in Work Element 4, Environmental. Deliverable(s) • Plans and sketches for meetings with agencies (prepared from work provided under other elements of the Project). • Draft meeting notes in Word format for the CITY's Project Manager to finalize and distribute as he deems appropriate—One(1)electronic copy. 4.7—Public Meeting The CONSULTANT will provide materials and staff to support one (1) public meeting. More specifically, the CONSULTANT will: • Participate in one planning meeting. • Provide a roll plot of the preliminary design. • Develop up to six(6) presentation boards. • Have two(2)staff attend the meeting. • Prepare a meeting summary following the meeting. City of Auburn 214-1931-044 Auburn Way South Widening 29 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Assumption(s) The CITY will handle meeting logistics and prepare announcements, sign-in sheets, and comment forms. Drafts of meeting materials prepared by CONSULTANT will be submitted to the CITY electronically for review and discussion prior to printing. Deliverable(s) • One(1) roll plot. • Six(6)presentation boards. • Draft and final meeting summary submitted electronically. Work Element 5—Geotechnical Engineering(CONSULTANT's Geotechnical Engineer Only) The CONSULTANT'S geotechnical engineer and support staff (Geotechnical Engineer) will provide geotechnical engineering services to the CONSULTANT. The Geotechnical Engineer will explore the subsurface conditions; interpret the site surficial geology based on exploration and testing; analyze the impact of the proposed improvements; offer design recommendations for the improvements;and review the design plans and specifications. Proposed improvements that will require geotechnical engineering include widening the roads by constructing fill embankments and/or retaining walls, LID stormwater management that may include infiltration (via pervious pavement, swales, or ponds), new signal pole foundations,and new pavement designs. 5.1—Geotechnical Scope of Work 5.1.1—Review of Available Information and Site Reconnaissance Geotechnical Engineer will research available soil borings in the site vicinity and any available plans from previous road construction on or adjacent to the site. Geotechnical Engineer will walk the site to document the surface conditions and to plan exploration methods and locations. 5.1.2—Field Preparation Geotechnical Engineer will schedule drilling, coring, and testing subcontractors; and submit for a construction permit with the City of Auburn and/or WSDOT and prepare a traffic control plan(s) as required to address traffic control requirements for each location of work. The Construction Permit fee will be paid directly by the CITY.Geotechnical Engineer will notify the Underground Utility Location Center. Assumptions • Geotechnical Engineer will be responsible for obtaining CITY and/or WSDOT Construction Permit,including traffic control plans and CITY/WSDOT approval.Any other permitting for the Geotechnical Engineer's field work, if required, will be provided by the CITY or by the CONSULTANT through a supplement to this Agreement. City of Auburn 214-1931-044 Auburn Way South Widening 30 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services 5.1.3—Field Exploration Geotechnical Engineer will provide the following: • Drill up to nine hollow-stem auger borings along Auburn Way SW from Hemlock Street SE to Redwood Court. These borings will be conducted for developing recommendations for designing signal pole and surveillance camera pole foundations, roadway fill and pavement section design and design of retaining walls for widening on both sides of Auburn Way North. Two of these borings will be completed as groundwater observation wells. • Core the pavement in up to 8 locations within the existing roadway to evaluate existing pavement layer thicknesses and to provide information for pavement design. • Return to measure groundwater levels on two occasions to document seasonal groundwater fluctuations. Assumptions • Geotechnical Engineer will be responsible for obtaining CITY and/or WSDOT Construction Permit, including traffic control plans. Any other permitting for the Geotechnical Engineer's field work, if required, will be provided by the CITY or by the CONSULTANT through a supplement to this Agreement. 5.1.4—Laboratory Testing Selected soil samples collected from the explorations will be tested for engineering and index properties. Testing of engineering properties will likely include testing of index properties including moisture content, grain size distribution, organic content, and natural density in order to correlate soil strength properties and infiltration potential. 5.1.5—Engineering Analysis Analyses will be conducted in order to determine design soil parameters for retaining wall design. Stability of retaining wall designs will be calculated. Preliminary infiltration potential will be determined through the use of boring data and grainsize analysis. New pavement sections for the roadway will be designed and a pavement overlay will be designed for the existing road, both based on WSDOT pavement design methods. Lateral bearing pressures will be recommended for signal, surveillance camera and roadway luminaire pole foundations. 5.1.6—Report Preparation After completing the tasks described above,a Draft Geotechnical Engineering Report will be provided that summarizes the site subsurface conditions and provides conclusions and engineering design recommendations, which will include lateral bearing pressures for pole foundations; estimated infiltration rates for stormwater; recommended pavement sections; and recommendations for construction such as subgrade preparation, temporary excavation, structural fill placement, and potential groundwater impacts. After the Project team has reviewed the draft report and provided comments, and after any supplemental field explorations, a final stamped and signed report will be provided. City of Auburn 214-1931-044 Auburn Way South Widening 31 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services 5.1.7—Meetings The CONSULTANT's Geotechnical Engineer will participate in a geotechnical kickoff meeting as part of one of the Progress Meetings described in Work Element 1.1.3.This meeting is not anticipated to be held until after the development of the baseline roadway concept described in Work Element 2.4.1 is complete. The Geotechnical Engineer will also be available for meetings during design in order to discuss geotechnical issues and design options. Assumption(s) • The CONSULTANT's Geotechnical Engineer will attend the geotechnical kickoff meeting and up to three(3)of the other progress meetings identified in Work Element 1.1.3. 5.1.8—Review of Plans and Specifications The Geotechnical Engineer will review the geotechnical aspects of the plans and specifications to check that the recommendations have been incorporated and to assist with the format of the bidding documents. Assumption(s) • The CITY will provide available information such as construction as-builts and geotechnical reports from nearby projects prior to the CONSULTANT's Geotechnical Engineer's field exploration tasks. • Construction permits will be issued by the CITY but obtained by the CONSULTANT. • Utility locates for CITY-owned facilities will be provided by the CITY. The Geotechnical Engineer will use the Washington One-Call service for utility locates. • Base survey maps showing topography and existing structures will be provided for the Geotechnical Engineer's use prior to the field exploration. • Plans showing the proposed development will be provided to the Geotechnical Engineer for the engineering analyses and report preparation tasks. • Retaining walls will be structural earth walls as defined by WSDOT. • Current and projected traffic volumes will be provided for pavement design. Deliverable(s) • Construction Permit Application with Traffic Control Plan(s)—One (1) electronic copy in PDF format. • Site and Exploration Plan (to be included in the draft and final reports). • Exploration logs(to be included in the draft and final reports). • Groundwater elevations(to be included in the draft and final reports). • Field and laboratory test results(to be included in the draft and final reports). City of Auburn 214-1931-044 Auburn Way South Widening 32 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • One(1) Draft Geotechnical Engineering Report in Word format. • Final Geotechnical Report—One (1)electronic copy in PDF format. • Geotechnical review comments on the plans and specifications. 5.2—Supplemental Exploration The exploration plan described above will be performed early in the Project,and the findings will probably influence the type and location of structures. In particular,stormwater infiltration facilities and retaining wall layout could change significantly based on the subsurface conditions.Therefore,there will be a need for supplemental exploration after the Project has reached 70% design in order to refine the design and provide sufficient information to bidders. A budget of$22,500 has been set aside for a second phase of geotechnical exploration, analysis, and engineering. The specific number and location of boring(s), test pit(s), infiltration test(s), pavement core(s) and/or other exploration, analysis, and engineering will be identified during the 70% design. The CONSULTANT shall receive the CITY Project Manager's written approval of the scope of supplemental explorations and authorization to spend the budget set aside for this subtask. Assumption(s) • Near surface soils and groundwater conditions discovered during the Geotechnical Scope of Work provided under Work Element 5.1 will be found to be conducive to onsite infiltration. • Supplemental Exploration,if required,will include two small scale PIT tests to determine a design infiltration rate. The CONSULTANT will coordinate with the CITY to determine the appropriate testing location, generate an exploration plan to assist with the permitting process and update the geotechnical report to include the design infiltration data determined from the PIT testing program. Work Element 6—Right-of-Way Plans and Legal Descriptions 6.1—Right-of-Way Plans The CONSULTANT will prepare right-of-way plans in compliance with the Local Agency Guidelines (LAG) Manual and City of Auburn requirements to identify portions of private property for right-of-way acquisition. Existing easements will be identified and encumbrances shown on the right-of-way plans, including square footage. The CONSULTANT will establish a centerline right-of-way alignment for use in defining existing and proposed right-of-way acquisitions. This procedure will also be used to define limits of temporary and permanent easements. Calculations will be made to provide square footage of all acquisitions. Assumption(s) • The CITY will provide preliminary title commitments. • The right-of-way plans will be prepared in a WSDOT-style format, including centerline stationing with offsets to define the existing limits and proposed acquisition lines and angle points. City of Auburn 214-1931-044 Auburn Way South Widening 33 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • The limits of the Right-of-Way Plan are as follows:Auburn Way South from Hemlock Street SE to approximately 300 feet east of Redwood Court. • There will be eight (8) Right-of-Way Plan sheets at a scale of 1 inch =20 feet when plotted at full size(22 inches by 34 inches). • The setting of property corners and/or monuments is not anticipated and therefore not a part of this scope. • The preparation of legal descriptions,exhibit maps, record of survey maps, and other documents required for the vacation of right-of-way will be the responsibility of the CITY and/or the DISTRICT. Deliverable(s) • Draft Right-of-Way Plans—One(1)electronic copy in PDF format. • Final Right-of-Way Plans — One (1) electronic copy in PDF format, sealed and signed by a PLS licensed in the State of Washington. 6.2—Legal Descriptions The CONSULTANT will prepare legal descriptions and exhibit maps for use in conveyance of real property. Assumption(s) • The CONSULTANT will provide preliminary title commitments (Title Reports) under Work Element 2.5.2 to support the preparation of legal descriptions under this Work Element. • The legal descriptions and associated right-of-way and easement exhibits will be prepared in a format suitable for recording. Descriptions will be stamped and signed by a PLS licensed in the State of Washington. • No legal descriptions or exhibits will be needed for temporary construction permits. • The preparation of conveyance documents and the gathering of signatures are provided as described under Work Element 8.1. • The preparation of legal descriptions, exhibits, records of surveys, signatures, and other documents related to the dedication of rights-of-way and easements will be provided by the CITY and/or the DISTRICT. Deliverable(s) • Legal Descriptions: Up to twenty-six(26) Fee Simple acquisitions in MS Word and PDF format. • Legal Descriptions: Up to twenty-nine (29) temporary construction easements in MS Word and PDF format. • Right-of-way Exhibits: Up to fifty-five (55) exhibits for a total of thirty-one (31) parcels in PDF format. City of Auburn 214-1931-044 Auburn Woy South Widening 34 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Work Element 7—Plans,Specifications,and Estimate(PS&E) The CONSULTANT will prepare bid-ready documents for the Project, including plans, special provisions, copies of applicable standard plans, CITY Standard Details, and other elements to be included in the bid documents. Bid documents will be submitted to the CITY for review at increasing levels of completeness, including 70%, 95%, 99% "Proof," and Final levels of development. The CITY will provide boilerplate templates of the bid proposal,contracting forms,federal provisions,special provisions and standard plans (Division 0 through 9 and appendices)for the CONSULTANTS use. 7.1—70%Bid Documents The CONSULTANT will prepare 70% complete drawings, bid schedule, specifications, and opinion of construction costs and submit to the CITY for review. Comments received from the CITY from the 30%review will be addressed in the 70%Submittal deliverables. A total of 80 drawings are anticipated to be included in the 70%Submittal as identified in Exhibit A-3. The CONSULTANT will update 30%Submittal lighting analysis using AGi32 software to verify conformance of the 70%design with light level and uniformity design standards for the Project. In addition to the progress meetings provided in Work Element 1.1.3, the CONSULTANT will meet once jointly with the CITY and DISTRICT to coordinate the 70%design.The duration of the meeting is anticipated to be approximately 2 hours. Assumption(s) • Specifications will be based on the 2020 WSDOT Standard Specifications, CITY 2020 general special provisions with Project-specific edits, special provisions, bid proposal,federal provisions, and the CITY's boilerplate Divisions 0 through 9. • The opinion of construction cost at the 70%Submittal will be based primarily on the unit bid items proposed for payment in the construction contract. However, an estimating contingency factor will still be applied to the opinion of cost to account for design uncertainties at this level of design. • There may be placeholders in the special provisions at the 70%Submittal for specialty items that require wholly Project-specific stand-alone special provisions, especially if there are decisions pending regarding the selection of such items. • TESC plans will rely heavily on City of Auburn Standard Details.TESC notes and site specific details, if required,will be shown on the TESC plan view sheets. • All plantings will consist of drought-resistant varieties that typically do not require irrigation, or street trees with watering rings. Watering will be provided by the Contractor during plant establishment, and by CITY forces if required for ongoing maintenance. No irrigation systems will be required. Deliverable(s) • 70%Drawings—One(1)copy in PDF format. • 70%AutoCAD Files—Electronic copy of AutoCAD line work file. City of Auburn 214-1931-044 Auburn Way South Widening 35 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • 70% Specifications —Two (2) electronic copies (MS Word of boilerplate/special provisions with tracked changes and PDF of whole package). • 70%Opinion of Cost—Electronic copies(PDF and Excel formats). • Written Response to 30% CITY Review Comments — One (1) electronic copy (Excel or Word format). 7.2—95%Bid Documents The CONSULTANT will prepare and submit to the CITY for review 95% bid documents for the Project, including plans,special provisions,,copies of applicable standard plans,and other elements to be included in the bid documents. CITY comments from the 70% review will be addressed in the 95% Submittal deliverables. A total of 88 drawings are anticipated to be included in the 95%Submittal as identified in Exhibit A-3. The CONSULTANT will prepare and submit to the CITY for review with the 95%Submittal,Maximum Extent Feasible(MEF)document(s)if deemed necessary by the CITY to justify accessibility design features of the Project. The CONSULTANT will prepare and submit to the CITY for review with the 95%Submittal, Public Interest Finding(PIF)document(s)as necessary to justify sole sourced materials and equipment proposed for the Project. Assumption(s) • Specifications will be based on the WSDOT Standard Specifications, CITY's general special provisions with Project-specific edits,special provisions and bid proposal. • The edition of WSDOT Standard Specifications and corresponding CITY general special provisions to be used by the CONSULTANT for preparing Project specification at 95%will be the same as used for the 70%submittal. • The bid proposal and opinion of construction cost at the 95% Submittal will be based solely on the unit bid items in the bid proposal form in the construction contract documents. No design contingency will be included in the opinion of construction cost at 95%. • The CITY will lead coordination with LOCAL PROGRAMS. • Up to three(3) locations will require MEF documentation. • Up to three(3) PIF documents will be required. Deliverable(s) • 95% Drawings—One(1)electronic copy in PDF format. • 95%AutoCAD Files—Electronic copy of AutoCAD line work file. • 95% Specifications — Electronic copies (MS Word of boilerplate/special provisions with tracked changes and PDF of whole package). City of Auburn 214-1931-044 Auburn Way South Widening 36 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • 95%Opinion of Cost—Electronic copies(PDF and Excel formats). • Written Response to 70% CITY Review Comments — One (1) electronic copy (Excel or Word format). • Draft MEF document—One (1)electronic copy in PDF format. • Draft PIF document(s)—One(1)electronic copy in PDF format. 7.3—99%"Proof" Bid Documents The CONSULTANT will prepare and submit to the CITY's Project Manager for review a 100% complete package of Bid Documents for the Project, including plans, special provisions, and other elements to be included in the bid documents.The main purpose of this submittal is to allow the CITY's Project Manager to confirm that all comments from the CITY's 95% review have been adequately addressed in the 99% "Proof"Submittal deliverables. A total of 78 drawings are anticipated to be included in the 99%"Proof"Submittal consisting of the same drawings identified for the 95%Submittal in Exhibit A-3. Assumption(s) • The main purpose of this submittal is to allow the CITY's Project Manager the opportunity to confirm that all comments from the CITY's 95% review have been adequately addressed in the 99% "Proof"Submittal deliverables before going to"print"for advertisement. Deliverable(s) • 99% Drawings—One(1)electronic copy in PDF format. • 99%Specifications—One(1)electronic copy in PDF format. • 99%Opinion of Cost—One(1) electronic copy in PDF format. • Written Response to 95% CITY Review Comments — One (1) electronic copy (Excel or Word format). • Final MEF document—One(1)electronic copy in PDF format. • Final PIF document(s)—One(1)electronic copy in PDF format. 7.4—Final Bid Documents The CONSULTANT will address any final corrections identified by the CITY Project Manager's 99%"Proof" review and produce final deliverables. Assumption(s) • This subtask will be initiated only if the CITY receives construction funding. City of Auburn 214-1931-044 Auburn Way South Widening 37 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Deliverable(s) • Final Plans — One (1) electronic copy in PDF format, sealed and signed by an engineer/architect licensed in the State of Washington as appropriate. • Final Bid Documents—Two (2)electronic copies (MS Word of boilerplate/special provisions with tracked changes and PDF of whole package). • Final Opinion of Cost — One (1) electronic copy in PDF format, sealed and signed by an engineer licensed in the State of Washington and one(1) electronic copy in Excel format. City of Auburn 214-1931-044 Auburn Way South Widening 38 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services PHASE 2—RIGHT-OF-WAY Work Element 8—Right-of-Way Acquisition 8.1—Acquisition Services (by CONSULTANT's ROW Staff Only) Since there are federal funds participating in the Project and the CITY will use its rights of eminent domain to acquire the real property rights for this Project, right-of-way acquisition services will be provided applying the CITY's WSDOT approved Right-of-Way Acquisition Procedures dated 5-4-2018; the Washington Administrative Code (WAC) 468-100 — Uniform Relocation Assistance (URA) and Real Property Acquisition; and the most current edition of the WSDOT Local Agency Guidelines Manual, Chapter 25—Right-of-Way Procedures. 8.1.1 —Preparation and Administration The CONSULTANT's ROW Manager will attend up to six(6)of the progress meetings identified in Work Element 1.1.3, and coordinate with the CITY the use of approved acquisition documents. Parcel files will be prepared to include fair offer letters, recording and ancillary documents,a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations in a format meeting the requirements of the Local Agency Guidelines. 8.1.2—Appraisal and Appraisal Review It is anticipated that information from the PFE prepared under Subtask 2.5.4 will be sufficient to determine just compensation for the vast majority of acquisitions for the project. For the purposes of this Scope of Work, it is assumed that appraisals will be required for up to ten (10) parcels that will have just compensation, as estimated in the PFE, that exceed the CITY's waver valuation limit (typically, $25,000) or have complications to the acquisition such as impacts to parking or other damages greater than minor cost to cure items. These ten (10) parcels are identified with an "AR" in Table 2 below. The CONSULTANT's ROW Staff will attend up to eight (8) appraisal inspections. The CONSULTANT's ROW Staff will contract with WSDOT-approved and state licensed appraisers to complete appraisals in accordance with the Uniform Standards of Professional Appraisal Practices, WSDOT Local Agency Guidelines, WSDOT Right-of-Way Manual, and the URA. Copies of Appraisal and Appraisal Review reports will be provided to the CITY and used by CONSULTANT's ROW Staff to review and use during negotiations. 8.1.3—Acquisition Negotiation Upon the completion of all real property valuations, the CITY will provide written approvals of just compensation to the CONSULTANT's ROW Staff prior to making any offers to property owners. Upon receipt of written approvals and authorization from the CITY,the CONSULTANT's ROW Staff will prepare offer packages and promptly present offers and commence negotiations with each affected property owner(s) and/or their representatives. City o/Auburn 214-1931-044 Auburn Way South Widening 39 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services The CONSULTANT'S ROW Staff will review the DISTRICT's dedication or donation documents with the CITY for compliance with ROW certification requirements. The CONSULTANT's ROW Staff will negotiate to acquire various combinations of real property rights including fee simple, permanent easements, temporary construction easements, and construction permits from owners and/or their representative(s) from those parcels as shown in Table 2 below, excluding the DISTRICT-owned parcels. Additional parcels or real property rights other than those shown in Table 2 will require an amendment to this scope of services. Negotiations will include negotiating with each property owner and/or their representative in accordance with statutory and regulatory requirements; coordinating administrative settlement approvals with the CITY; negotiating, as necessary, with lien holders, assisting escrow in the closing process; preparing and maintaining parcel files to include fair offer letters, acquisition documents, and a standard diary form indicating all contacts with owner(s); and completing other items necessary for negotiations. Negotiations will not be deemed to have failed until at least three significant meaningful contacts have been made and documented with each owner and/or their representative through direct personal contacts. Out-of-area owner(s) will be contacted by telephone and by certified mail. If negotiations reach an impasse,CONSULTANT's ROW Staff will provide the CITY with written notification. The filing and cost of condemnation proceedings will be the responsibility of the CITY. TABLE 2 °7 Ij ti co H Z 5 Z w Q 03 y £ c u a to �+ a co a E N 1n e 2 as3 Q 0- ~ LL d F- u. CJ Q Ci- 0- 1 3 2121059073 K.Tran&C. Hung X X 2 4 2121059077 Pind LLC X X 3 5 2121059043 Jean K LLC X X 4 6 2121059157 P. H.Seong& P. In X X AR 5 7 2121059159 P. H.Seong&P. In X X 6 8 2121059047 Trimark-Forest Park Village X X AR 7 9 2121059042 Auburn School District No.408 ASD 8 10 2121059038 Auburn School District 408 ASD 9 11 1565650020 TCR Properties LLC X X 10 12 1565650010 TCR Properties LLC X X 11 13 1565650090 D. & R. Ralph X X 12 14 2121059067 Puget Sound Energy/Elec X X 13 15 2121059019 Clearwater Ridge Inc. X X 14 20 2121059040 HS Kang Corp. X City of Auburn 214-1931-044 Auburn Way South Widening 40 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services TABLE 2 o E ° E 6 z 6 0 v y z ` d u7 z w ., c 0 ` (7)O to c. C c d L Q v c v i`, E aLa_ c in E a s ,iy 3 E c a fu 1— LL a H u Q 15 21 2121059053 HS Kang Corp. X 16 22 2121059050 R. &C.Johnson X X 17 23 2121059045 R. &C.Johnson X X 18 24 2121059068 T. &A. Nguyen X X 19 25 9465500000 Winchester Heights Condominium X 20 26 2121059066 F. Delamora X X 21 27 2121059099 Hidden Forest Estates LLC X X AR 22 28 2121059108 Northwest Family Church X X AR 23 29 2121059113 Auburn Way TNC LLC X X 24 30 2121059109 Auburn Way TNC LLC X X AR 25 31 2121059035 Auburn Way TNC LLC X X 26 32 8603090000 3615 Auburn Way South (N/A) X X AR 27 33 2121059081 A. &A. Garcia X X AR 28 34 2121059103 Reamachandran Mythili X X 29 35 2121059114 Muckleshoot Indian Tribe X X AR 30 36 4233800010 M. & C. Suber X X 31 37 4233800140 R. & K. Pillay X X TABLE NOTES. 1 "AR"=Appraisal Report 2 "ASD"=Auburn School District rights provided directly to CITY through School project's development approval. 3 As shown above,there are a few parcels with common ownership.As such,subject to common ownership,unity of use,and contiguity,some may be combined and considered by the Project appraiser as the"larger parcel,"thereby reducing the potential number of appraisals that may be required. 8.1.4—Parcel Closeout—Escrow Closing Upon securing required acquisition agreements, the CONSULTANT's ROW Staff will submit the necessary acquisition documents and closing instructions to the designated Title/Escrow Company. Work with the Title/Escrow Company in order to obtain release documentation from the encumbrance(s) of public record that are not acceptable to the CITY to provide clear title to the property being acquired, subject to the CITY's title clearing guidelines. The Escrow Company will prepare and obtain the owner(s) signature on the necessary closing documents. The CONSULTANT's ROW Staff will coordinate signatures on closing documents for submittal to the CITY and payment(s) City of Auburn 214-1931-044 Auburn Way South Widening 41 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services to the owner(s),coordinate with the Escrow/Title Company in filing documents with King County,and deliver completed files to the CITY. 8.1.5—Right-of-Way Certification The CONSULTANT's ROW Staff will assemble the Project's final parcel files and draft the supporting certification memo and property interest summary spreadsheet to assist the CITY for final review and WSDOT Right of Way Certification. The CONSULTANT's ROW Staff will maintain constant contact with the local WSDOT LPA coordinator throughout the Project,follow the WSDOT LAG manual and Uniform Act guidelines,and use the prescribed Right of Way documents with little deviation as possible. 8.1.6—Optional Services Optional services beyond those stated in this scope of services may include: • Negotiation in the event of private development and revisions to Project alignment and/or design elements that impact the property rights being acquired. • Negotiation in the event of changes in ownership of property rights being acquired. • Clearing of title when clearing requirements exceed the industry standard. • Assistance during,or in anticipation of,condemnation ordinances and subsequent hearings. Budget for these optional services is not included in the Agreement at this time,but may be added by a future supplement to the Agreement. Work Element 8.1 Assumption(s) • The real property rights anticipated to be acquired from each parcel under this scope of services are identified in Table 2.Additional parcels or real property rights other than shown therein will require an amendment to this scope of services.In summary,this scope of services includes the acquisition of real property rights from those separate tax parcels of real property as shown in Table 2,excluding the DISTRICT-owned parcels. Negotiation will not be required for acquisition of property rights from parcels owned by the DISTRICT. • CONSULTANT'S ROW Staff will review the DISTRICT'S dedication or donation documents with the CITY for compliance with certification requirements. If development agreement and subsequent dedication of right-of-way is not executed, CONSULTANT'S ROW staff will negotiate with the DISTRICT for necessary right-of-way acquisitions. See Section 8.1.6 — Optional Services. A supplement to this Scope of Services and Budget will be required if this option becomes necessary. • Level of effort for negotiations is based on the industry standard of conducting three "significant contacts"with each property owner or their representative. Additional contacts, if required, may warrant justification of an equitable adjustment of services rendered. Significant is to mean detailed and in-depth discussions of the transaction whether in-person, via telephone, or other communication media. Setting up appointments or providing simple replies to questions does not signify a significant contact. City of Auburn 214-1931-044 Auburn Way South Widening 42 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services • Until the preferred alignment and preliminary design have been selected by the CITY, the actual impacts to those parcels listed in Table 2 are subject to change. For the purposes of this scope of services, it is assumed that no personal property relocations, residential relocations, or business relocations are necessary. Until the preferred alignment and design has been selected by the CITY, relocation impacts are subject to change. • This scope of services is based on the following: CONSULTANT's roadway concept layout sketch presented to the CITY on 9/30/2019; Information contained in the CITY's request for proposals; Review of limited public online information (mapping/ownership information);and Right-of-way plans have not been provided. • The following information will be provided by the CITY: • Approved designation of the escrow company used for this Project. The escrow company will bill the CITY directly for all escrow services provided. Written authorization of Appraisal Reports prior to offers being made to property owners. Payment of any and all compensation payments to property owners, escrow services, recording fees, legal services, and any incidental costs which may arise necessary to complete each transaction. Information pertaining to any contact the CITY has had with affected property owners prior to, but related to, the Project. This includes, as available, property owner contact information,dates and descriptions of the subjects discussed,and commitments made by either party. The CITY will provide to the CONSULTANT ROW Staff similar information pertaining to ongoing direct contacts with property owners for which the CONSULTANT or CONSULTANT's ROW Staff are not a party to throughout the Project. • Right-of-way plans review and approval. • Right-of-way plans, drawings, maps, and exhibits will be provided as described under Work Element 6. 8.2— Engineering Support of Right-of-Way Acquisition The CONSULTANT will provide engineering and Project management support during the right-of-way acquisition process of the Project. The CONSULTANT's Project Manager and/or support staff will attend appraisal inspections, provide cost-to-cure estimates for appraisals, review appraisals,attend negotiation meetings with property owners, and provide design clarifications and/or exhibits as necessary to convey to property owners the CITY's intent of Project improvements as related to acquisitions. The CONSULTANT's Project Manager will monitor the status of the right-of-way acquisition process and work collaboratively with the CONSULTANT's ROW Staff and CITY staff to expedite acquisitions for the Project as described above. City of Auburn 214-1931-044 Auburn Way South Widening 43 March 4,2020 Hemlock to Poplar Project AG-C-522 Scope of Services Assumption(s) • The CONSULTANT'S Project Manager will attend up to eight(8)appraisal inspections. • Up to 40 hours of cost-to-cure estimating will be required. • Up to 2 hours per parcel will be required for the CONSULTANT'S Project Manager to monitor the status of negotiations and otherwise support the negotiation process. 214-1931-044 City of Auburn March 4,2020 Auburn Way South Widening 44 Project AG-C-522 Hemlock to Poplar Scope of Services Auburn Way South-Hemlock to Poplar March 10,2020 EXHIBIT A-2 PROJECT SCHEDULE MILESTONES Milestone Date Preliminary Design(30%) July 14,2020 Submit 70%PS&E September 16,2020 Submit 95%PS&E November 4, 2020 Submit NEPA to WSDOT November 19,2020 Submit 99%PS&E January 6,2021 NEPA Approval January 28,2021 Submit Right-of-Way Plans February 4,2021 Right-of-Way Plans Approved March 19,2021 Final Bid Documents TBD Auburn Way South-Hemlock to Poplar March 10,2020 EXHIBIT A-3 ESTIMATED SHEET COUNT FOR CONSTRUTION DOCUMENTS SUBMITTALS SHEET/SHEET SET NAME SHEET COUNT by SUBMITTAL 30% 70% 95%-Final Cover Sheet,Vicinity Map,and Sheet Index 1 1 1 Legend and Abbreviations 1 1 1 Survey Datum and Horizontal Control 1 1 Roadway Sections 2 3 3 TESC Plan 4 4 Site Preperation Plans 4 4 Construction Staging Plans 2 2 Roadway and Storm Plan and Profile 8 _ 8 8 Storm Drain Lateral Profiles 2 8 Water Plans 4 5 5 Water Plan and Profile 4 4 4 Water Notes and Details 1 1 Channelization and Signing 4 6 6 Channelization and Signing Plans 4 4 4 Signing Schedules 2 2 Intersection and Median Detail Plans 6 6 Miscellaneous Details 2 2 2 Stormwater Facility 3 4 4 Storm water Plan 2 2 2 Stormwater Typical Sections and Details 1 2 2 Signal,Illumination,and ITS Plans 5 8 10 Signal/Illumination/ITS Overview Plans 4 4 4 Signal Detail Plan 1 1 1 Signal Wiring Diagram 1 ITS Detail Plan 1 1 Notes and Schedules 1 1 Signal Pole Detail Chart 1 1 Fiber Splicing Diagram 1 Utility Undergrounding 7 8 8 Utility Undergrounding Plans 7 7 7 Utility Undergrounding Notes and Details 1 1 Cut Walls 3 4 4 Wall Plans and Profiles 3 3 3 Wall Deails 1 1 Structural Earth Walls 2 4 4 Wall Plans and Profiles 2 2 2 Wall and Moment Slab Details 2 2 Streetscape Planting 4 5 5 Planting Plans 4 4 4 Planding Details and Notes 1 1 Pond Planting 1 2 2 Planting Plan 1 1 1 Planting Details and Notes - 1 TOTALS: 47 80 88 Exhibit B DBE Participation See attached UDBE Inclusion Plan. Agreement Number: AG-C-522 Exhibit B-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 Parametrix ENG$EENJNG PkANNiNG fNVIPONYUNTAESCIENCES City of Auburn Auburn Way S Widening— Hemlock to Poplar (Project AG-C-522) Underutilized Disadvantaged Business Enterprise Inclusion Plan Founded as an MBE firm in 1969, Parametrix understands the challenges that Underutilized Disadvantaged Business Enterprises(UDBEs)face as they seek opportunities to expand their business.This plan outlines Parametrix's commitment to meet the UDBE requirement of 9 percent established for this project. SECTION 1 — SUBCONTRACTING The table below lists the values as a percentage of the contract amount that Parametrix anticipates for participation by UDBE firms. Table 1. UDBE Participation Percentages Certification of Business Participation Anticipated Percentage Underutilized Disadvantaged Business Enterprise 11% SECTION 2 — DIVERSE BUSINESS SUBCONTRACTORS Subconsultants anticipated to be used on this project are listed below,along with descriptions of tasks to be performed. Table 2.Subconsultant Task Descriptions UDBE Anticipated UDBE Name of UDBE Certifications Task Description Subcontract Value RES Group NW D4F0023741 Right-of-Way Planning,Title Research, $30,520.96 and Project Funding Estimate Michael Minor& D3M0016853 Noise Analysis, $22,336.52 Associates,Inc. and Technical Memo HWA GeoSciences,Inc. D5F0024692 Geotechnical Engineering $73,009.00 SECTION 3— DESIGNATED UDBE LIAISON The UDBE Liaison for this project will be Chuck Schott, the Project Manager.Chuck has worked with UDBE consultants covering a wide range of disciplines through his career. His contact information is: Chuck Schott, P.E., P.T.O.E Parametrix Email:CSchott@parametrix.com City of Auburn 214-1931-044 Auburn Way S Widening—Hemlock to Poplar 1 April 2020 AG-C-522 Underutilized Disadvantaged Business Enterprise Inclusion Plan SCOPE OF WORK (continued) Phone number:(253) 604-6600 Chuck's responsibilities as the UDBE Liaison include: • Providing monthly updates to the City's Project Manager that include utilization of UDBE subconsultants, progress to date,and projections for future work. • Ensuring success of the UDBE firms on the team by supporting them in learning the processes and procedures of the City's contracting. SECTION 4— UDBE GOAL ATTAINMENT STRATEGY Achieving the UDBE requirement of 9 percent for this project will be accomplished by assigning Right-of-Way Planning,Title Research,and Project Funding Estimate to RES Group NW; Noise Analysis and Technical Memo to Michael Minor&Associates, Inc.;and Geotechnical Engineering to HWA GeoSciences.Their participation will be monitored frequently and reported on monthly invoices. Parametrix has successfully teamed with these firms on previous projects. SECTION 5 — PROMPT PAYMENT AND DISPUTE RESOLUTION The Parametrix process for monitoring and ensuring prompt payment to subconsultants starts with establishing the calendar by which our billing cycle operates so the subconsultant's invoice is timed with the Parametrix invoice submittal to the client.A calendar is provided to the subconsultant identifying the cutoff date for each monthly invoice. Parametrix's policy is to pay subconsultants no longer than 15 days after receiving payment from the client.In the event that any portion of an invoice is disputed,payment will be made for the nondisputed amounts. For resolution of disputes,first a good faith negotiation between representatives of the subconsultant and Parametrix would take place.This would start with the subconsultant and Parametrix project managers and escalate to the principals of each firm if needed.The next step is nonbinding mediation under the Commercial Mediation Arbitration Rules and Mediation Procedures of the American Arbitration Association using a neutral mediator mutually acceptable to the parties,with the costs,therefore,shared equally. If the nonbinding mediation is not successful,final remedy would be through Superior Court in Pierce County,Washington. SECTION 6— MONITORING AND REPORTING REQUIRED UDBE PARTICIPATION Our accounting system, BST10,allows us to track the monthly effort of the subconsultants and compare the results against the planned level of effort.Our Project Manager will meet regularly with the subconsultant(in person or via telephone),check progress,and address any questions or challenges they may have with either their technical work or their share of the work in order to monitor and attain the required goal.A report summarizing the status and progress toward goal attainment will be included with each monthly invoice and progress report.We will submit this information via the new Diversity Management and Compliance System reporting system. City of Auburn 214-1931-044 Auburn Way S Widening—Hemlock to Poplar 2 April 2020 AG-C-522 Underutilized Disadvantaged Business Enterprise Inclusion Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data Not Applicable. B. Roadway Design Files Not Applicable. C. Computer Aided Drafting Files See Scope of Work in Exhibit A. Agreement Number: AG-C-522 Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant See Scope of Work in Exhibit A. E. Specify the Electronic Deliverables to Be Provided to the Agency See Scope of Work in Exhibit A. F. Specify What Agency Furnished Services and Information Is to Be Provided See Scope of Work in Exhibit A. Agreement Number: AG-C-522 Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 2 of 4 II. Any Other Electronic Files to Be Provided See Scope of Work in Exhibit A. Ill. Methods to Electronically Exchange Data E-mail and/or Consultant FTP site. Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 3 of 4 A. Agency Software Suite Microsoft Office,Bluebeam. B. Electronic Messaging System Microsoft Outlook C. File Transfers Format PDF,Microsoft Office. Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 4 of 4 Exhibit D Prime Consultant Cost Computations See attached Exhibit D. Agreement Number: AG-C-522 Exhibit D-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 Exhibit D Prime Consultant Cost Computations Project: Auburn Way South Corridor Improvements Prime: Parametrix, Inc. Direct Salary Cost (DSC): Classification Man Hours = Rate = Cost Senior Consultant 181 X $83.74 $15,156.94 Senior Engineer 714 X $72.99 $52,114.86 Engineer IV 797 X $44.57 $35,522.29 Junior Designer 738 X $21.85 $16,125.30 Senior Engineer 404 $62.23 $25,140.92 Engineer III 720 X $40.87 $29,426.40 Senior Engineer 51 X $54.47 $2,777.97 Senior Engineer 35 X $72.43 $2,535.05 Eningeer II 26 X $35.67 $927.42 Senior Planner 55 X $65.94 $3,626.70 Planner II 176 X $39.10 $6,881.60 Publications Supervisor 69 X $35.56 $2,453.64 Senior Project Coordinator 124 X $31.38 $3,891.12 Engineer IV 8 X _ $49.79 $398.32 Engineer IV 73 X $55.37 $4,042.01 Engineer III 88 X $44.87 $3,948.56 Senior Consultant 41 X $77.61 $3,182.01 Senior Planner 20 X $66.00 $1,320.00 Scientist/Biologist IV 39 X $48.77 $1,902.03 Hydroeologist III 16 X _ $42.24 $675.84 Scientist/Biologist II 50 X $31.96 $1,598.00 Planner II 60 X $33.69 $2,021.40 Survey Supervisor 91 X $59.48 $5,412.68 Technical Lead 249 X $38.56 $9,601.44 Senior Surveyor 100 X $42.00 _ $4,200.00 Survey Admin 5 X $34.00 $170.00 Project Accountant 52 X $32.19 $1,673.88 Surveyor II 100 X $28.85 $2,885.00 Total DSC = $239,611.38 Overhead (OH Cost--including Salary Additives): OH Rate x DSC of 179.52 %x$ $239,611.38 $430,150.35 Fixed Fee(FF): FF Rate x DSC of 30 %x$ $239,611.38 $71,883.41 Agreement Number: AG-0522 WSDOT Form 140-089 EF Exhibit D Page 1 of 2 Reimbursables: APS Locates, Inc. $7,600.00 IDAX(Traffic Counts) $4,000.00 Survey Equipment (at$155/day) $1,240.00 Survey Mileage (at$0.575/mi) $228.00 Other Mileage-Work Element 1-7 (at$0.575/mi) $431.25 Other Mileage-Work Element 8 only(at$0.575/mi) $287.50 Misc. Expenses $2,332.47 $16,119.22 Subconsultants: RES Group NW(RW Planning) $30,520.96 Michael Minor Associates $22,336.52 Cultural Resource Consultants $8,460.00 HWA GeoSciences (Geotech Scope) $73,009.00 HWA GeoSciences (Supplemental Exploration)* $22,500.00 RES Group NW(RW Acquisition) $224,409.16 $381,235.64 Management Reserve: $61,000.00 Grand Total** $1,200,000.00 *Per the Scope of Work,a budget of$22,500 is set aside for the Supplemental Exploration of Work Element 5.2. HWA Geosciences costs for Work Element 5.2 will be determined based on the scope of work identified during design and the same cost factors shown in the Exhibit"E"for HWA Geosciences for services under Work Element 5.1. **See Exhibit D-2 for Summary of Consultant Costs-Estimates by Task for various elements of the agreement. Chuck Schott, P.E. Date: 3/5/2020 Agreement Number: AG-C-522 WSDOT Form 140-089 EF Exhibit D Page 2 of 2 1 4 Client-City of Auburn Project.Auburn Way South Corridor Improvements Project No Exhibit D-2 Summary of Consultant Costs-Estimates by Task Direct Salary Overhead Fee Amount Total Task/Subtask Cost 179.52% DSC+OH DSC•30.00% Including Fee Subconsultants Expenses/MR Total Task 01:Project Management _ $26,876.16 $48,248.10 Allini24.26 $8,062.84 $83,187.10 $0.00 $0.00 .IIMI $83,187.10 Subtask 0100:Project Management $26,876.161 $48,248.10 $75,124.26 $8,062.84 $83,187.10 $0.00 $0.00 $83,187.10 Task 02:Preliminary Design(30%)/M,, $72,885.19._ $130,843.44 11.11Na8.63 ilEMB5.53 $225,594.16 $30,520.96 $11,600.00 MK,267,715.12 Subtask 0201:Review and Analyze Exsisting Data $771.42 $1,384.85 $2,156.27 $231.42 $2,387.69 $0.00 $0.00 $2,387.69 Subtask 0202:Field Survey $12,405.36 $22,270.10 $34,675.46 $3,721.61 $38,397.07 $000 $000 $38,397.07 Subtask 0202EXP:Applied Professional Services,Inc.(APS) $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $7,600.00 $7,600 00 Subtask 0203:Conceptual Design $17,921.22 $32,172.16 $50,093.38 $5,376.36 $55,469.74 $0.00 $000 $55,469.74 Subtask 0203EXP:IDAX Data Solutions(Traffic Counts) $000 $0.00 $0.00 $0.00 $0.00 $0.00 $4,000.00 $4,000.00 Subtask 0204SC:RES Group NW(RW Planning) $0.00 $0 00 $0.00 $0.00 $0.00 $30,520.96 $0.00 $30,520.96 Subtask 0205:Design Memorandum $2,327.23 $4,177.83 $6,505.06 $698.16 $7,203.22 $0.00 $0.00 $7,203.22 Subtask 0206:WSDOT Coordination $6,627.80 $11,898.22 $18,526.02 $1,988.34 $20,514.36 $0.00 $0.00 $20,514.36 Subtask 0207:Preliminary Plans(30%) $25,354 82 $45,516.96 $70,871.78 $7,606.44 $78,478.22 $0.00 $0.00 $78,478.22 Subtask 0208:Stormwater Site Plan $7,477.34 $13,423.32 $20,900 66 $2,243.20 $23,143.86 $0.00 $0.00 $23,143.86 Task 03:Utility Coordination -. $3,029.86 $5,439.20 alt 58,469.06"W $908.96 $9,378.02 - $0.00 MN: $0.00 $9,378.02 Subtask 0300:Utility Coordination I $3,029 86 $5,439.20 $8,469.06 $908.96 $9,378.02 $0.00 $0.00 $9,378.02 Task 04:Environmental $16,437.07 $29,507.84545,944.91 $4,931.13 .$50,876.04 . $30,796.52 ifin $0 00 $81,672.56 Task 0400:Environmental-Parametria $16,437.07 $29,507.84 $45,944.91 $4,932.13 $50,876.04 $0.00 $0.00 $50,876.04 Subtask 0401SC:Michael Minor Associates $0.00 $0.00 $0.00 $0 00 $0.00 $22,336.52 $0.00 $22,336.52 Subtask 0403SC:Cultural Resources Consultants $0.00 $0.00 $0 00 $0.00 $0.00 $8,460.00 $0.00 $8,480.00 Task 05:Geotechnical .a. $0.00 $000 $0.00 $0.00 "' $0.00 ''$95,509.00 ' $0.00 $95,509.00 Subtask 05015C:HWA1 GeoSciences(Geotech Scope) 50.00 $0.00 $0 00 $0.00 $0.00 $73,009.00 $0.00 $73,009.00 Subtask 0502SC:HWA2 GeoSciences(Supplemental Exploration) $0 00 $0.00 $0.00 $0.00 $0.00 $22,500.00 $0.00 $22,500.00 Task 06:Right-of-Way Plans and Legal Descriptions '111= 1. $12,818.92 $23,012.52 $35,831.44 $3,845.67 $39,677.11 4111$0.00 $0.00 $39,677.11 Subtask 0600:Right-of-Way Plans and Legal Descriptions $12,818.92 $23,012.62 $35,831.44 $3,845.67 $39,677.11 $0.00 $0.00 $39,677.11 Task OT Plans,Specifications and Estimatejam,. ' $99,811 $179,18149 $278,29,943.54._. $308,937.25 900 $0.00 $308,937.25 Subtask 0701:70%Bid Documents $53,045.69 $95,227.62 $148,273.31 $15,913.72 $164,187.03 $0.00 $0.00 $164,187.03 Subtask 0702:95%Bid Documents $30,517.39 $54,784.82 $85,302.21 $9,155.22 $94,457.43 $0.00 $0.00 $94,457.43 Subtask 0703:99%"Proof"Bid Documents $14,094.09 $25,301.70 $39,395.79 $4,228.23 $43,624.02 $0.00 $0.00 $43,624.02 Subtask 0704:Final Bid Documents $2,154.55 $3,867.85 $6,022.40 $646.37 $6,668.77 $0.00 $0.00 $6,668.77 Task 08:Right•of•Way Acquisition- $7,752.46 $13,917.21 1111r$21,669.67 $2,325.74 $23,995.41 $224,409 16 $0.00 $248,404.57 Subtask O801SC:RES Group NW(RW Acquisition) $0.00 $0 00 $0.00 $0.00 $0.00 $224,409 16 $0.00 $224,409.16 Subtask 0802:Engineering Support of Right-of-Way Acquisition 57,752.46 $13,917.21 $21,669.67 $2,325.74 $23,995.41 $0.00 $0.00 $23,995.41 Task EXPO1:Expenses `" _ $0.00 $0.00 1=M1$0.00 $0.00 $0.00 $0.00 $4,519 22 $4,519.22 Subtask EXP01:Work Elements 1-7 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 54,231.72 $4,231.72 Subtask EXP08:Work Element 8 $0.00 $0.00 $0 00 $0.00 $0.00 50 00 $287.50 $287.50 Project Subtotals: $239,611.38 $430,150.35 $669,761.68 $71,883.41 $741,645.09 $381,235.64 $16,119.22 $1,139,000.00 Task MR:Management Reserve Fund $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $61,000.00 $61,000.00 Subtask MR00:Management Reserve Fund $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $61,000.00 $61,000.00 Project Totals: $239,611.38 $430,150.35 $669,761.68 $71,883.41 $741,645.09 $381,235.64 $77,119.22 $1,200,000.00 1,200,000.00 Va711Washington State Transportation Building . Department of Thensportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdotwa.gov April 26,2019 Parametrix, Inc. 1019 39th Ave. SE, Suite 100 Puyallup,WA 98374 Subject: Acceptance FYE 2018 ICR—Cognizant Review Dear Holli Moeini: We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 179.52% (rate include 0.46%Facilities Cost of Capital) based on the"Cognizant Review"from Clark Numer, P.S.. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at(360)705-7019 or via email consultantratesra wsdot.wa.eov. Regards; foive --j441."--- Jonson, Erik May 1 2019 12:42 PM cosign ERIK K. JONSON Contract Services Manager EKJ:mya Acceptance ICR Cognizant Review Washington State Transportation Building Iria Department of Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov April 24,2019 Holli Moeini, CFO Parametrix, Inc. 1019 39th Ave. SE, Suite 100 Puyallup,WA 98374-2215 Dear Ms. Moeini: We have performed a cognizant review of the audit,and supporting workpapers,of the Parametrix, Inc. Statement of Direct Labor,Fringe Benefits,and General Overhead for the year ended 1/4/2019 in accordance with our role as Cognizant Agency as defined in 23 U.S.C. 112(b)(2)(c)and 23 CFR 172.3 and 172.7. Clark Nuber P.S.performed the audit. The CPA represented that the audit was conducted in accordance with the Government Auditing Standards,as promulgated by the Comptroller General of the United States of America,and the audit was designed to determine that the indirect cost rate was established in accordance with Cost Principles contained in the Federal Acquisition Regulation,48 CFR Part 31. We performed our cognizant review in accordance with the AASHTO Review Program for CPA Audits of Consulting Engineers'Indirect Cost Rates. In connection with our cognizant review,nothing carne to our attention that caused us to believe that the audit,and supporting workpapers for the Statement of Direct Labor,Fringe Benefits, and General Overhead,and the related Auditor's Reports,we reviewed did not conform in all material respects to the aforementioned regulations and auditing standards. Accordingly,we recommend acceptance of the following rates: Combined/Corporate: 179.06% Facilities Cost of Capital (FCC): 0.46% Sincerely, Schatzie Harvey,CPA Agreement Compliance Audit cc: Steve McKerney,Director of Internal Audit Jeff Tawney,Acting Assistant Director of Internal Audit Erik Jonson,Contracting Services Manager File I� 1 Certification of Final Indirect Costs Firm Name: Parametrix,Inc. Indirect Cost Rate Proposal: 179.52% Date of Proposal Preparation(mm/dd/yyyy): 3/26/2019 Fiscal Period Covered(mm/ddlyyyy to mm/dd/yyyy): FY 2018(12/30/2017-1/4/2019) I, the undersigned, certify that l have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1.)All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of title 48, Code of Federal Regulations(CFR),part 31. 2.) This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. Signature:c Name of Certifying Official*(Print): Holli Moeini Title: Exec.VP and CFO Date of Certification (mm/dd/yyyy): 4/18/2019 'The"Certifying Official" must be an individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate for use under Agency contracts. Ref. FHWA Directive 4470.1A available on line at: http://www.fhwa.dot.qov/legsreqs/directives/orders/44701a.htm 0/H Certification; Nov 2010 PARAMETRIX,INC. Statement of Direct Labor,Fringe Benefits and General Overhead For the Fiscal Year Ended January 4,2019 General Ledger Balance for the Fiscal Year Ended Unallowable Proposed Description January 4,2019 Expenses Ref. Amount Percent Direct Labor $ 26,558,375 $ - $ 26,558,375 100.00% Fringe Benefits: Vacation,sick leave,holidays 6,568,233 6,568,233 24.73% Payroll taxes 3,685,870 (67,608) E 3,618,262 13.62% Medical insurance 3,823,768 3,823,768 14 40% ESOP retirement plan 5,066,522 5,066,522 19 08% Total Fringe Benefits 19,144,393 (67,608) 19,076,785 71.83% General Overhead: Administrative salaries 8,673,327 (62,321) A 8,611,006 32.42% Training salaries 538,491 538,491 2.03% Bonuses/mist salaries 4,919,112 (869,363) B 4,049,749 15.25% Direct selling salaries 983,969 983,969 3.70% Bid and proposal salaries 2,552,214 2,552,214 9 61% Advertising expense 196,525 (196,525) C 0 00% Direct selling expense 139,867 (54,527) D 85,340 0 32% Excise and personal property taxes 1,230,156 1,230,156 4.63% Insurance 685,074 685,074 2.58% Office rent 3,349,916 3,349,916 12.61% Office expenses and supplies 268,505 (44,546) F 223,959 0.84% Staff appreciation/awards 271,539 (261,547) G 9,992 0 04% Printing,copier/printer supplies 95,462 95,462 0 36% Telephone 485,117 485,117 1.83% Depreciation and amortization(including gain/loss on disposal) 1,446,691 (3,333) H 1,443,358 5 43% Business meals 65,057 (65,057) I 0.00% Auto expense 461,998 (19,305) 1 442,693 1.67% Billed in-house autos (362,411) (362,411) -1.36% Office travel 679,946 (115,040) K 564,906 2.13% Subscriptions/library material/dues 197,455 (28,552) L,M 168,903 0 64% Donations 54,062 (54,062) N 000% Professional licenses 20,284 20,284 0 08% Postage/couriers/freight 36,097 36,097 0.14% Training/education 457,802 (35,747) 0 422,055 1 59% Equipment/supplies 361,937 361,937 1.36% Billed in-house equipment (285,374) (285,374) -1.07% Office furniture 40,131 40,131 0.15% Computer supplies/software 1,794,501 1,794,501 6 76% Recruiting costs 84,032 (1,701) 0 82,331 0.31% Payroll/legal/audit 608,938 (439,172) P 169,766 0 64% Temporary labor 50,333 50,333 0 19% Consulting services 529,776 (52,500) Q 477,276 1.80% Bad debts 61,500 (61,500) R 0.00% Office moving/remodeling 53,255 53,255 0.20% Utilities/building maintenance 89,001 89,001 0.34% Interest/bank charges 11,509 (2,325) S 9,184 0.03% Total General Overhead 30,845,794 (2,367,123) 28,478,671 107.23% Total Indirect Costs $ 49,990,187 $ (2,434,731) $ 47,555,456 179.06% Percentage of Direct Labor(Less FCC) 188.23% 179.06% Facilities cost of capital(FCC) 122,571 T 122,571 0.46% $ 47,678,027 Percentage of Direct Labor(Includes FCC) 179.52% See accompanying notes. -3- PARAMETRIX,INC. Statement of Direct Labor,Fringe Benefits and General Overhead(Continued) For the Fiscal Year Ended January 4,2019 References A. Labor costs incurred in defense of contract performance issues per 48 CFR 31.205-47(f)(5)(A);Labor Costs incurred in connection with an acquisition per 48 CFR 31.205-47(f)(2);Collection costs unallowable per 48 CFR 31.205-3. B. Share value based bonuses unallowable per 48 CFR 31.205-6(i); Limitation on allowability of senior executives compensation per 48 CFR 31.205-6(p).Personal vehicle use unallowable per 48 CFR 31.205-6(m)(2).Gifts unallowable per 48 CFR 31.205-13(b). C. Advertising unallowable per 48 CFR 31.205-1(b); Promotional materials unallowable per 48 CFR 31.205-1(f)(5). D. Entertainment unallowable per 48 CFR 31.205-14;Alcohol unallowable per 48 CFR 31.205-51;Excess lodging and per diem unallowable per 48 CFR 31.205-46. E. Fringe benefits associated with labor deemed unallowable per 48 CFR 31.201-6(a). F. Gift unallowable per 48 CFR 31.205-13(b). G. Entertainment unallowable per 48 CFR 31.205-14;Gift unallowable per 48 CFR 31.205-13(b);Alcohol unallowable per 48 CFR 31.205-51. H. Amortization unallowable per 48 CFR 31-205.49. I. Entertainment unallowable per 48 CFR 31.205-14;Alcohol unallowable per 48 CFR 31.205-51. J. Personal vehicle use unallowable per 48 CFR 31.205-6(m)(2). K. Entertainment unallowable per 48 CFR 31.205-14;Alcohol unallowable per 48 CFR 31.205-51. L. Prior period cost unallowable per 48 CFR 31.203(g). M. Dues to social clubs unallowable per 48 CFR 31.205-1(f)(7),31.205-14;Lobbying unallowable per 48 CFR 31.205-22(c). N. Donations unallowable per 48 CFR 31.205-8. 0. Excess lodging and per diem unallowable per 48 CFR 31.205-46; Entertainment unallowable per 48 CFR 31.205-14. P. Legal costs incurred in defense of contract performance issues per 48 CFR 31.205-47(f)(5)(A);Collection costs unallowable per 48 CFR 31.205-3, Direct project costs unallowable per 48 CFR 31.202(a). Q. Nonallowable public relations and advertising costs per 48 CFR 31.205-1. R. Bad debt unallowable per 48 CFR 31.205-3. S. Interest,late fees unallowable per 48 CFR 31.205-20. T. Cost of money adjustments per 48 CFR 31.205-10(a). See accompanying notes. -4- PARAMETRIX,INC. Notes to Financial Statement For the Fiscal Year Ended January 4,2019 Note 7-Continued The ESOP Plan provides for cash payments on the appraised value of the stock held by the ESOP for the employee upon termination of employment through a repurchase of shares by the plan or by the Company.The Company obtains valuations of the Company's stock from a qualified independent valuation consultant at year end,and on intervening dates coincident with significant issuances or redemptions of shares.The ESOP plan complies with the applicable requirements of FAR 31.205-6(q). Note 8-Description of Depreciation and Leasing Policies Certain assets are purchased or acquired under capitalized leases and depreciated.Other assets are under operating leases and are considered lease expenses. Both costs are included in the indirect cost pool.The straight-line depreciation method reflected on the Company's financial statement is also used for the indirect cost rate schedule.Since the financial statement amounts included in the indirect cost pool are lower than the amounts used for Federal tax purposes,the amounts included in the indirect cost rate schedule are allowable under FAR 31.205-11(e). Note 9-Description of Related Party Transactions Certain employees have personal usage of company vehicles.The value of personal use of vehicles is determined based on Internal Revenue Code guidelines and included in the employee's taxable wages.Amounts attributable to the personal usage of company vehicles,excluding executives,totaled$6,413 for 2018 and were disallowed in compliance with FAR 31.205-6(m)(2). Prior to 2018,the Company assumed a lease as part of an acquisition.The associated building is owned by an employee; however,the employee has no direct financial interest in the Company. Note 10-Facilities Capital Cost of Money(FCCM) 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 applicable period.Equipment and facilities include furniture and fixtures,computer equipment,software,vehicles and leasehold improvements.The calculation was made as follows: Average net book value of corporate assets $ 4,002,319 Average treasury rate 3.0625% Computed Facilities Capital $ 122,571 Direct labor base $ 26,558,375 Cost of money rate 0.46% -7- Exhibit E Sub-consultant Cost Computations The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI"Sub-Contracting"of this AGREEMENT. See attached Exhibits for the following Sub-consultants: E-1: RES Group Northwest(Work Element 2.4 Right-of-Way Planning) E-2: RES Group Northwest(Work Element 8.1 Right-of-Way Acquisition) E:3: Michael Minor and Associates,LLC. (Work Element 4.1.3 Noise Analysis) E-4: Cultural Resources Consultants, Inc. (Work Element 4.3 National Historic Preservation Act Compliance) E-5: HWA GeoSciences, Inc.(Work Element 5.1 Geotechnical Scope of Work) Agreement Number: AG-C-522 Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 Exhibit E-1 Subconsultant Cost Computations Project: Auburn Way South Corridor Improvements Sub Consultant:RES Group NW(Work Element 2.4 -ROW Planning) Direct Salary Cost(DSC): Classification Man Hours = Rate = Cost Senior ROW Agent 16 X $67.50 $1,080.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $1,080.00 Overhead(OH Cost--including Salary Additives): OH Rate x DSC of 48.86 %x$ $1,080.00 $527.69 Fixed Fee(FF): FF Rate x DSC of 29 %x$ $1,080.00 $313.20 Reimbursables: Preliminary Funding Estimate $17,000.00 Preliminary Title Reports $11,600.00 $28,600.00 Subconsultants: Grand Total $30,520.96 RES Group Northwest Date: 3/9/2020 Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 � Washington State Transportation Building 1I/ De artment of Trans ortation 310 Maple Park Avenue S.E. P P P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov June 5, 2019 RES Group NW, LLC 624 S Lander Street#202 Seattle, WA 98134 Subject: Acceptance FYE 2018 ICR—Risk Assessment Review Dear Tim Davis: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate(ICR), we have accepted your proposed FYE 2018 ICR of 48.86% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at(360)705-7019 or via email consultantratesa,wsdot.wa.2ov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Review Exhibit E-2 Subconsultant Cost Computations Project: Auburn Way South Corridor Improvements Sub Consultant:RES Group NW(Work Element 8.1-RW Acquisition) Direct Salary Cost(DSC): Classification Man Hours = Rate = Cost Senior ROW Agent 1,218 X $67.50 $82,215.00 208 X $67.50 $14,040.00 60 X $67.50 $4,050.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $100,305.0000 Overhead(OH Cost--including Salary Additives): OH Rate x DSC of 48.86 %x$ $100,305.00 $49,009.02 Fixed Fee(FF): FF Rate x DSC of 29 %x$ $100,305.00 $29,088.45 Reimbursables: Appraisal Reports $28,000.00 Appraisal Reviews $16,000.00 Mileage $2,000.00 $46,000.00 Subconsultants: Grand Total $224,409.16 RES Group Northwest Date: 3/9/2020 Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 VIIWashington State Transportation Building Department of Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov June 5, 2019 RES Group NW, LLC 624 S Lander Street#202 Seattle, WA 98134 Subject: Acceptance FYE 2018 ICR—Risk Assessment Review Dear Tim Davis: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2018 ICR of 48.86% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at(360)705-7019 or via email consultant ra tesawsdot.wa.2ov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Review Exhibit E-3 Subconsultant Cost Computations Project: Auburn Way South Corridor Improvements Sub Consultant:Michael Minor&Associates,Inc. Direct Salary Cost(DSC): Classification Man Hours = Rate = Cost Principal 50 X $62.22 $3,111.00 Engineer 108 X $48.00 $5,184.00 Traffic Technical 9 X $38.00 $342.00 CAD Graphics and Editing 18 X $33.00 $594.00 X $0.00 X $0.00 X $0.00_ X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $9,231.00 Overhead(OH Cost--including Salary Additives): OH Rate x DSC of 1.10 %x$ $9,231.00 $10,154.10 Fixed Fee(FF): FF Rate x DSC of 30 %x$ $9,231.00 $2,769.30 Reimbursables: Mileage $182.12 Subconsultants: Grand Total $22,336.52 Michael Minor&Associates, Inc. Date: 3/9/2020 Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 ��// Washington State Transportation Building �I/ Department of Transportation 310 Maple Park Avenue S.E. P P P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov February 7,2019 • Michael Minor,Owner Michael Minor&Associates,Inc. 4923 SE 36'''Ave Portland OR,97202-4I26 Re: Michael Minor&Associates, Inc. Safe Harbor Indirect Cost Rate Extension Dear Mr.Minor: Washington State has received approval from our local Federal Highway Administration(FHWA) Division to continue administering the"safe harbor"indirect cost rate program on engineering and design related service contracts,as well as for Local Public Agency projects. We completed our risk assessment for Michael Minor&Associates, Inc. in September 2016. Our assessment was conducted based on the documentation provided by the firm. The reviewed data included, but was not limited to,a description of the company,basis of accounting,accounting system and the basis of indirect costs. Based on our review, we found the firm eligible to use the Safe Harbor rate. Michael Minor&Associates opted to use the Safe Harbor rate,rather than provide a FAR-compliant rate. Based on further review and discussion with the firm,we are issuing an extension of the Safe Harbor Indirect Cost Rate of 110%of direct labor with a field rate,where applicable,of 80%of direct labor for Michael Minor&Associates. Michael Minor&Associates has agreed to improve Internal Controls and timekeeping processes in order to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations(FAR),Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%,or 80%for field office situations, for agreements entered into prior to June 30, 2020. For agreements entered into after this date,please contact the WSDOT Consultant Services Office(CSO)or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions,please contact me,Jeri Sivertson,or Steve McKerney at(360)705-7003. Sincere Schatzie Harvey Agreement Compliance Audit Manager cc: Steve McKerney,Director of Internal Audit Jeri Sivertson,Assistant Director of Internal Audit Larry Schofield,MS 47323 File Exhibit E-4 Subconsultant Cost Computations Project: Auburn Way South Corridor Improvements Sub Consultant:Cultural Resource Consultants Direct Salary Cost(DSC): Classification Man Hours = Rate = Cost Principal Investigator 4 X $56.28 $225.12 Projects Manager 3 X $41.20 $123.60 Project Archaeologist I 32 X $43.88 $1,404.16 Project Archaeologist II 0 X $35.45 $0.00 Project Archaeologist III 40 X $27.50 $1,100.00 Field Archaeologist I 9 X $23.50 $211.50 Field Archaeologist II 0 X $19.57 $0.00 Field Archaeologist III 0 X $18.54 $0.00 Historic Architect 12 X $54.03 $648.36 Office Manager 3 X $40.43 $121.29 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $3,834.03 Overhead(OH Cost--including Salary Additives): OH Rate x DSC of 88.11 %x$ $3,834.03 $3,378.16 Fixed Fee(FF): FF Rate x DSC of 30 %x$ $3,834.03 $1,150.21 Reimbursables: Photo&Graphic Supplies $4.80 Per Diem $92.80 Mileage $97.60 Subconsultants: Grand Total $8,460.00 Cultural Resource Consultants Date: 3/10/2020 Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Adak Washington State Transportation Building 1 Department of Transportation 310 Maple Park Avenue S.E. v P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov August 15, 2019 Northwest Heritage Consultants, LLC 1416 NW 46th Street, Suite 105 Seattle, WA 98107 Subject: Acceptance FYE 2018 ICR—Audit Office Review Dear Teresa Peterson: Transmitted herewith is the WSDOT Audit Office's memo of"Acceptance" of your firm's FYE 2018 Indirect Cost Rate(ICR) of 88.11% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email con s u ltantrates(a)wsdot.wa.Eov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Re%ic%c Exhibit E-5 Subconsultant Cost Computations Project: Auburn Way South Corridor Improvements Sub Consultant:HWA GeoSciences,Inc. Direct Salary Cost(DSC): Classification Man Hours = Rate = Cost Principal 10 X $82.00 $820.00 Engineer IV 75 X $70.00 $5,250.00 Engineer II 126 X $38.00 $4,788.00 Geologist III 72 X $34.00 $2,448.00 Geologist III 24 X $30.00 $720.00 CAD 10 X $28.00 $280.00 Clerical 6 X $25.00 $150.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $14,456.00 Overhead(OH Cost--including Salary Additives): OH Rate x DSC of 175.44 %x$ $14,456.00 $25,362 Fixed Fee(FF): FF Rate x DSC of 30 %x$ $14,456.00 $4,337 Reimbursables: Mileage $650 Drilling Subcontractor $18,000 Pavement Coring $480.0 Traffic Control $6,000 Laboratory Testing $3,725 $28,855 Subconsultants: Estimated Direct Expenses: Total $28,855 Grand Total $73,009 HWA GeoSciences, Inc. Date: 3/4/2020 Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Aft Wim Washington State Transportation Building 310 Maple Park Department of Transportation P.O.Box 4 300 Avenue S.E. Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov June 18, 2019 HWA GeoSciences, Inc. 21312 30th Drive SE, Suite 110 Bothell, WA 98021 Subject: Acceptance FYE 2018 ICR—CPA Report Dear Vasiliy Babko: We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 175.44%of direct labor(rate includes 0.39%Facilities Capital Cost of Money)based on the"Independent CPA Report," prepared by T-Max CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consulta ntrates(a�wsdot.wa.2ov. Regards; Jonson,Erik fate--14"1"---- Jun 19 2019 1:04 PM cosign ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR CPA Report HVA GEOSCIENCES,INC. STATEMENT OF DIRECT LABOR,FRINGE BENEFITS,AND GENERAL OVERHEAD FOR THE YEAR ENDED DECEMBER 31,2018 GL Account Unallowable Total %of Direct Description Balance Costs 1.".A It Ref Proposed Labor Direct Labor $ 1,318,494 $ - $ 1,318,494 Fringe Benefits: Bonuses $ 86,395 $ - $ 86,395 PTO 276,310 - 276,310 401 k 69,052 - 69,052 Employee group insurance 183,329 - 183,329 Workers'comp 6,574 - 6,574 Payroll taxes 169,173 (1,361) (1) 167,812 Other employee benefits 5,062 - 5,062 Total Fringe Benefits $ 795,895 $ (1,361) $ 794,534 60 26% General Overhead: Indirect labor $ 657,070 $ (30,216) (2) $ 626,854 Bid and proposals 64,771 - 64,771 Automobile expense 19,491 - 19,491 Advertismg and marketing 34,750 (34,750) (2) - Bank service charges 2,638 - 2,638 Contributions 1,095 (1,095) (3) - Computer and software expenses 107,268 - 107,268 Depreciation and amortization 42,048 - 42,048 Dues and subscriptions 5,155 - 5,155 Insurance 103,347 - 103,347 Interest 18,585 (18,585) (4)(5) - Maintenance and repairs 11,834 - 11,834 Meals and entertainment 3,712 (184) (6) 3,528 Office supplies and postage 18,752 (26) (7) 18,726 Printing 17,852 - 17,852 Professional fees 59,938 (1,215) (8) 58,723 Seminars and professional education 29,507 (2,073) (6)(9)(10) 27,434 Supplies 45,184 - 45,184 Rent and utilities 260,805 - 260,805 Taxes and licenses 165,185 (81,400) (5)(l1) 83,785 Telecommunications 44,086 (34) (5) 44,052 Travel 9,164 (1,449) (6X9)(10) 7,715 Recovery (24,376) (13,313) (12) (37,689) Total General Overhead $ 1.697,861 $ (184,340) $ I.513,52 I 114.79% Total Fringe Benefits and General Overhead $ 2.493.756 $ (185.7011 $ 2.308 055 175.(15°% Facilities Capital Cost of Money(FCCM) $ 5.1 1 1 0.39% See notes to the indirect cost statement Page 13 I HWA GEOSCIENCES,INC. DESCRIPTION OF FAR REFERENCES FOR THE YEAR ENDED DECEMBER 31,2018 (1) 31 201-6(a)Accounting for unallowable costs-When an unallowable cost is mcurred,its directly associated costs are also unallowable (2) 31 205-1(f)(1)Public relations and advertismg costs-All public relations and advertising costs whose primary purpose is to promote the sale of products or services by stimulating interest in a product or product line,or by disseminating messages calling favorable attention to the contractor for purposes of enhancing the company image to sell the company's products or services are unallowable. (3) 31.205-8 Contributions or donations-Contributions or donations,including cash,property and services,regardless of recipient,are unallowable. (4) 31 205-20-Interest and other financial costs-Interest on borrowings(however represented)are unallowable. (5) 31.205-15(a)Fines,penalties,and=charging costs-Costs of fines and penalties resulting from violations of,or failure of the contractor to comply with,Federal,State,local,or foreign laws and regulations,are unallowable (6) 31 205-14 Entertainment costs—Costs of amusement,diversions,social activities,and any directly associated costs such as tickets to shows or sports events,meals,lodging,rentals,transportation,and gratuities are unallowable. (7) 31 205-13(b)Employee morale,health,welfare,food service,and dormitory costs and credits-Costs of gifts are unallowable (8) 31.202(a)Direct costs-Direct costs of the contract shall be charged directly to the contract (9) 31 201-2(d)Determining allowability-Costs not supported with documentation are unallowable (10)31.205-51 Costs of alcoholic beverages-Costs of alcoholic beverages are unallowable (11)31 205-41(b)(7)Taxes-Income tax accruals designed to account for the tax effects of differences between taxable income and pretax income as reflected by the books of account and financial statements are unallowable (12)31.201-1(a)Composition of total costs-Costs unrelated to labor based contracts should be eliminated from the overhead calculation Page I 4 Exhibit F Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself, its assignees,and successors in interest agrees as follows: 1. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations, Part 21, as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination:The CONSULTANT,with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race,color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment,each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color, sex,or national origin. 4. Information and Reports:The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records, accounts,other sources of information,and its facilities as may be determined by the AGENCY,the STATE,or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY,the STATE,or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies,and/or; • Cancellation,termination,or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided,however,that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: AG-C-522 Exhibit F-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Agency Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 Exhibit G-1(a) Certification of Consultant 1 hereby certify that I am the and duly authorized representative of the firm of Parametrix,Inc. whose address is 1019 39th Avenue SE, Suite 100,Puyallup,WA 98374 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 Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws, both criminal and civil. Parametrix,Inc. Consultant(Firm Name) 4/14/2020 Signature(Authorized Official of Consultant) Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 Exhibit G-1(b) Certification of Agency I hereby certify that I am the: ❑� Other of the City of Auburn , and Parametrix, 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 Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3)year period preceding this application/proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Parametrix, Inc. Consultant(Firm Name) 4/14/2020 Signature(Authorized Official of Consultant) Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 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. Parametrix, Inc. Consultant(Firm Name) 4/14/2020 Si nature(Authorized Official of Consultant) Date a Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 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 Auburn Way South Corridor Improvements ' are accurate,complete,and current as of March 10,2020 �`• 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: Parametrix,Inc. 4/14/2020 gnature Title Date of Execution***: *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: AG-C-522 Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 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 $N/A . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$N/A . 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: $N/A • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: AG-C-522 Exhibit H-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects,the Region Local Programs Engineer should be informed and involved in these procedures. (Note:The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work;photographs,records of labor,materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project 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: AG-C-522 Exhibit 1-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s),and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: AG-C-522 Exhibit I-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s)are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable)agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement,or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Agreement Number: AG-C-522 Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 09/01/2020 Page 1 of 2 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. Agreement Number: AG-C-522 Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2020 Page 2 of 2 - I 1