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HomeMy WebLinkAbout000300 Original ContractSupplemental Agreement Number 1 Original Agreement Number Project Number TR42 -99 Project Title Lauridsen Boulevard Bridge Replacement Project The Local Agency of Ch of Port Anaeles desires to supplement the agreement entered into with as executed on March 8. 2012. I1 Section IV, TIME FOR BEGINNGINA ND COMPLETION, shall be amended as follows: No revisions DOT Form 140 -063 EF Revised 9/2005 Organization and Address Phone: Exeltech Consulting, Inc. 8729 Commerce PI Dr NE Lacey, WA 98516 Phone: (360) 357 -8289 Execution Date March 8, 2012 III Exeltech Consultina. Inc. Completion Date June 30, 2014 New Maximum Amount Payable $1,202,466.27 or the Original Authorized Amount less Phases 1 2 Closeout of $738,944.11 plus 12% of the Construction Bid Award Description of Work Phases 3 (Bid Support Engineer of Record Services), 4 (Construction Management Services), and 5 (Bridge Inspection, Inventory Assessment Load Rating Services). All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: Attached "Exhibit A -1 Task 1. Scone of Work" authorizes Phases 3.4. and 5 services. which were not authorized in the original Local Aaencv Standard Consultant Aareement. Section V, PAYMENT, shall be amended as follows: The authorized amount for Phases 3. 4 and 5 will be the lesser of $463.522.16. or 12% of the Construction Bid Award. Task 1 Phases 1 (less Proiect Manaaement) and 2 and Task 2 are beina closed out under this Suoolement. which reduces the existina authorized amount of $815.767.10 by $76.822.99 ($53.355.85 for Task 1 and $23.467.14 for Task 2) to $738.944.11. See attached Exhibit A detailing Task 1 Phases 1 and 2 Closeout. along with Task 2 Closeout. This amends the Maximum Amount Payable under this Aareement to the lesser of $1.202.466.27 ($738.944.11 plus $463.522.16). or $738.944.11 plus 12% Construction Bid Award. _e -I5 �b If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. 6 (,N7 By. DOT Form 140 -063 EF Revised 9/2005 By: approving Authority Signature co11 1 1 1 Date Exhibit A Task 1 Supplemental Agreement #1 Port Angeles Lauridsen Bridge Replacement Project Budget Detail as of April 30, 2013 Phase 1 Prepminary Design 1 Project Management 104,07076 51,12938 52,94138 2 Bridge and Roadway Preliminary Design 85,305 87 84,823 44 482 43 (482 43) 3 Drainage Design 4 Traffic Engineedng 5,398 26 764 89 4,631 37 (4,631 37) 5 Site Survey Mapping 1,97247 1,97247 (1,97247) 6 Geotechnical 2,292 55 2,22125 71 30 (71 30) 7 Hydraulic Engineenng 4,58510 4,50310 8200 (82 00) 8 Environmental 16,091 98 10,13426 5,95772 (5,957 72) Direct Costs 61827 542.24 7603 (12801) Escaaahon 1,34353 1.34353 11,34353) Total Phase 1 221,676.79 154,118 56 67,558.23 (14,668.83) Phase 2 Final Design 9 Bddge and Roadway Final Design 250,960 38 268,280 44 (17,320 06) 8,000 00 10 Traffic Engineering 1,69100 75548 93554 11 Geotechnical 831 50 83150 12 Hydraulic Engineedng 1,663,00 1,66300 13 Public Outreach Support 8,494 60 5,680 02 2,814 58 Direct Costs 5,964 06 5,984 06 Escalation 1.35183 1.35183 Total Phase 2 Preliminary Design 5 270,956.37 274,715.92 5 (3,759.55) 5 8,000.00 Phase 3 Rid Sunned FOR Services 14 Bid Support Services 15 Engineer of Record Direct Costs Phases 4 Cnnstruchnn Mananement 16 Construction Management Direct Costs MANGIE° Total Phase 3 Total Phase 4 Total PanGeo Contract Amount 18,20310 69,052 45 3,39215 Escalation 35156 88,99936 5 284,701 60 3,463 97 Escalation 1,25549 289,421.06 Phase 3 9,4 Suonnrt 8 FOR Sennnss 14 Bid Support Services 15 Engineer of Record 4,292 28 Direct Costs Escalahon Total Phase 3 5 4,292 28 5 Original Amount Balance Change Control Budget Invoiced Remaining #3 Revisions 18,203 10 69,052 45 3,39215 351 56 88,999 26 5 284,701 60 3,463 97 1,25549 5 289,421.06 Phase 5- Bddge Inspection Inventory 8 I ned Radno 17 Bddge Inspection 8 Inventory Assessment 12,19210 12,19210 18 Bddge Load Rating 11,871 44 11,871 44 Direct Costs 911 55 911 55 Escalation 9447 9447 Total Phase 5 5 25,069.56 5 25,069.56 5 Total Exettech Contract Amount 896.123 04 428,834.48 5 467.288.56 5 (6.668 83) 5 Phase 1 Pretminery Desgn 1 Project Management 2 Bridge and Roadway Preliminary Design 3 Drainage Design 4 Traffic Engineering 5 Site Survey Mapping 6 Geotechnical 14,365 51 14,365 51 7 Hydraulic Engineenng 8 Environmental Direct Costs 9,700 00 8,952 80 747 20 (747 20) Escalahon Total Phase 1 5 24,065.51 23,318.31 0 747.20 (747 20) Phase 2 Final Desinn 9 Bridge and Roadway Final Design 10 Traffic Engineering 11 Geotechnical 1,97344 3,55870 (1,585.26) 12 Hydraulic Engineering 13 Public Outreach Support Direct Costs 2,734 50 2,734 50 Escalation Total Phase 2 Preliminary Design 9 4,707.94 3,558.70 5 1,149.24 5 4,29228 5,00000 4,292 28 5,000.00 5 33.065.73 5 26.877.01 6,188.72 4.252.80 5 37.31 8.53 ZENOVIC MR.-STORM .T Exhibit A Task 1 Supplemental Agreement #1 Port Angeles Lauridsen Bridge Replacement Project Budget Detail as of April 30, 2013 Onginal Amount Balance Change Control Budget Invoiced Remaining #3 Revisions Phase 1 Preliminary Demon 1 Project Management 1,26660 1,26660 (1,26660) 2 Bridge and Roadway Preliminary Design 3 Drainage Design 7,44954 8,892 35 55719 (557 19) 4 Traffic Engineenng 5 Site Survey Mapping 6 Geotechnical 7 Hydraulic Engineering 8 Environmental Direct Costs Escalation Total Phase 1 5 8,716.14 6,892.35 5 1,823.79 (1,823.79) Phase 2 Final Design 9 Bridge and Roadway Final Design 25,904 46 26,089 38 (184 92) 10 Traffic Engineering 11 Geotechnical 12 Hydraulic Engineering 13 Public Outreach Support Direct Costs 453 00 453 00 Escalation Total Phase 2 Preluninary Design 26,357.46 26,089 38 268.08 Phase 3 Bid Sumo!! R EOR Services 14 Bid Support Services 15 Engineer of Record 3,500 00 Direct Costs Escalation Total Phase 3 9 9 5 3,50000 Total Zenovic Contract Amount 5 35.073 60 5 32.981.73 2.091 87 1,676.21 8i1t1a3 49 :87# Phase 1 Preliminary Design 1 Protect Management 6,058 80 5,826 33 232 47 2 Bridge and Roadway Prehndnary Design 3 Drainage Design 4 Traffic Engineenng 28,333 84 31,061 56 (2,727 74) 967 68 5 Site Survey Mapping 6 Geotechnical 7 Hydraulic Engineering 8 Environmental D irect Costs 1,97020 44259 1,52761 Escalation Total Phase 1 36,362.84 37,33050 5 (967.66) 967.66 Phase 2 Final Des en 9 Bndge and Roadway Final Design 10 Traffic Engineenng 18,901 74 22,912 93 (4,011 19) 911 19 11 Geotechnical 12 Hydraulic Engineenng 13 Public Outreach Support D irect Costs 3,100 00 3,100 00 Escalation Total Phase 2 Preliminary Design 9 22,001 74 9 22,912.93 5 (911 19) 911.19 Phase 3 Bid Su000d EOR Services 14 Bid Support Semces 15 Engineer of Record 3,500 00 Direct Costs Escalation Total Phase 3 5 3,500.00 Total Fehr Peers Contract Amount 58.364.58 5 60,243.43 9 11.878.851 5 5.378.85 5 Phase 1 Prelminery Design 1 Protect Management 2 Bridge and Roadway Preliminary Design 3 Drainage Design 4 Traffic Engineenng 5 Site Survey Mapping 6 Geotechnical 7 Hydraulic Engineenng 9,000 00 8,050 00 950 00 (950 00) 8 Environmental Direct Costs 400 00 185 36 21464 (214 64) Escalation Total Phase 1 9,400 00 8,235 36 1,164 64 5 (1,164.64) Phase 3 Final Desinn 9 Bndge and Roadway Final Design 10 Traffic Engineenng 11 Geotechnical 12 Hydraulic Engineenng 2,50000 2,50000 (2,50000) 13 Public Outreach Support Direct Costs 555 00 55500 (555 00) Escalation Total Phase 2 Preliminary Design 3,055 00 3,055 00 (3,055.00) Total MPStormwater Contract Amount 12,455.00 5 8,235.36 4,219.64 (4,219.64) 8,235.36] Exhibit A Task 1 Supplemental Agreement #1 JOHNBTORTANDSH#V EYINB. Phase 1 Prefndnary Desinn 1 Protect Management 2 Bridge and Roadway Preliminary Design 3 Drainage Design 4 Traffic Engineenng 5 Site Survey Mapping 31,13060 29,81860 1,31200 (1,31200) 6 Geotechnical 7 Hydraulic Engineering 8 Environmental Direct Costs 200 00 200 00 (200 00) Escalation Total Phase 1 31,330.60 29,818.60 9 1,512.00 (1,512 00) BERGER Port Angeles Lauridsen Bridge Replacement Project Budget Detail as of April 30, 2013 Original Amount Balance Change Control Budget Invoiced Remaining #3 Revisions Total Johnston Land Surveying Contract Amount 5 31.330 60 5 29.818 60 1,512 00 5 (1.512 00) Phase 1 PreOMnary Desinn 1 Project Management 2 Bddge and Roadway PreAndnary Design 24,897 60 4,066 76 20,830 84 (20,830 84) 3 Drainage Design 4 Traffic Engineenng 5 Site Survey Mapping 8 Geotechnical 7 Hydraulic Engmeedng 8 Environmental Direct Costs 75 00 75 00 (75 00) Escalation Total Phase 1 5 24,972.60 4,066.76 20,905.84 (20,905.84) Phase 2 Final Desinn 9 Bndge and Roadway Final Design 28,226 40 10,932 60 17,293 80 (17,293 80) 10 Traffic Engineering 11 Geotechnical 12 Hydrautc Engineenng 13 Public Outreach Support Direct Costs 237 00 14 87 22213 (222 13) Escalation Total Phase 2 Preliminary Design 5 28,463.40 10,947.47 17,515.93 (17,515.93) Total Berger ABAM Contract Amount 5 53.43600 5 15.01423 38.421 77 5 (38.421.77)f UNDBER Phase 2 Final Desinn 9 Bndge and Roadway Final Design 10 Traffic Engineenng 11 Geotechnical 12 Hydraulic Engmeenng 13 Public Outreach Support 3,185 00 Direct Costs Escalabon Total Phase 2 Preliminary Design E 3,185.00 3.18500 5 Total Lindberg Smith Contract Amount 3,18500 (3,18500) a 3,185.00 (3,185.00) 5 3.18500 5 3.185.00) Phase 4 Construction Mananement 16 Construction Management 30,87000 Direct Costs 8,600 00 Escalation 39,470.00 5 Total Phase 4 Total NT) Contract Amount 5 39.470 00 E Total Wangler Contract Amount 4,27000 30.870 00 8,600 00 39,470.00 5 39,470.00 39.470.00 Phase 4 Constuchon Manaaement 16 Construction Management 4,220 00 4,220 00 Direct Costs 50 00 50 00 Escalation Total Phase 4 4,270.00 4,270.00 4,270.00 4.270.00 1 PROJEOTaTOTAa- g• Phase 1 Preliminary Design 1 Project Management 2 Bndge and Roadway Preliminary Design 3 Drainage Design 4 Traffic Engmeenng 5 Site Survey Mapping 6 Geotechnical 7 Hydraulic Engineenng 8 Environmental Direct Costs Total Phase 1 Phase 4 Construction Mananement 16 Construction Management Direct Costs Total Phase 4 Exhibit A Task 1 Supplemental Agreement #1 Port Angeles Lauridsen Bridge Replacement Project Budget Detail as of April 30, 2013 Original Amount Balance Change Control Budget Invoiced Remaining #3 Revisions 111,39616 56,95571 54,44045 (1,26660) 110,20347 88,89020 21,313.27 (21,31327) 7.449 54 6.892 35 557 19 (557 19) 33,73010 31,82647 1,90363 (3,66371) 33,103 07 29,818 60 3,284 47 (3,284 47) 18,658 06 16,586 76 71 30 (71 30) 13,58510 12,55310 1,03200 (1,03200) 18,091 98 10,134 26 5,957 72 (5,957 72) 12,963 47 10,122 99 2,840 48 (1,364 85) Escalatlon 1.343 53 1.343 53 i1 .343 53) 356,52448 263,780.44 92,744.04 (38,511.11) Phase 2 Final Desinn 9 Bridge and Roadway Final Design 305,091.24 305,302 42 (211 18) (9,293 80) 10 Traffic Engmeenng 20,592 74 23,668 39 (3,075 65) 911 19 11 Geotechnical 2,804 94 3,558 70 (753 76) 12 Hydraulic Engmeenng 4,163 00 4,163 00 (2,500 00) 13 Public Outreach Support 11,679 60 5,680 02 5,999 58 (3,185 00) Direct Costs 13,043 56 14 87 13,028 69 (777 13) Escalatlon 1.35183 1.35183 Total Phase 2 Preliminary Design 358,726 91 338,224.40 20,502.51 (14,844.74) Phase 3 Rid Sunnort 8 FOR Services 14 Bid Support Services 16,203 10 16,20310 15 Engineer of Record 73,344 73 73,344 73 12,000 00 Direct Costs 3,392 15 3,392 15 Escalabon 35156 35156 Total Phase 3 93,291.54 9 93,291.54 12,000.00 319,79160 12,11397 Escalatlon 1.25549 333,161 06 319,791 60 12,11397 1.255 49 333,161.06 Phase 5 911400 Insnechnn Inventory L Lead Rahno 17 Bridge Inspection B Inventory Assessment 12,192 10 12,192 10 18 Bridge Load Rating 11,871 44 11,871 44 Direct Costs 911 55 911 55 Escalatlon 9447 9447 Total Phase 5 25,069 56 S 25,069.56 Sudeet $OTARrcO 1 6 5172 ►5 5=1118 9 2:O5A84f911564t768 immumum imitPRASES dm4 CLO5Eou zvas 51r airmr6g2166c uos1♦1331246155arsmu53asca5 66rTuastq estsst. R$sznsmpersuomw Sunaio g69w6ss1 g5Ist EXEI!I EGH Lauridsen /Laurel Intersection 1. Project Management 2. Data Collection, Evaluation 3. Traffic Analysis 4. Preliminary Engineering 5. WSDOT Coordination 6. TIB Application Assistance Direct Costs FEHRIMPEE Lauridsen /Laurel Intersection 1. Project Management 2. Data Collection, Evaluation 3. Traffic Analysis 4 Preliminary Engineering 5 WSDOT Coordination 6. TIB Application Assistance Direct Costs PROJIE€ITOUVA S Total Exeltech Total Fehr Peers Phase 1 Preliminary Design 1. Project Management 2. Data Collection, Evaluation 3. Traffic Analysis 4. Preliminary Engineering 5. WSDOT Coordination 6. TIB Application Assistance Direct Costs Total Exhibit A Task 2 Supplemental Agreement #1 Port Angeles Lauridsen Bridge Replacement Project Budget Detail as of April 30, 2013 vmm wvi Escalation Original Amount Balance Change Control Budget Invoiced Remaining #3 Revisions 15,141.22 9,678.78 5,462.44 (5,462.44) 2,006.80 1,263.77 743.03 (743.03) 1,12134 1,121.34 (1,121.34) 39,052.23 30,002.52 9,049 71 (7,000.00) 6,193.75 1,321.18 4,872.57 (4,872.57) 2,555.04 621.53 1,933.51 (1,933.51) 2,130.00 2,130.00 (2,130.00) Escalation 68,200.38 42,887.78 25,312.60 (23,262.89) 3,029.40 2,579.29 45011 (450.11) 4,810.24 4,808.33 1.91 (1.91) 13,021 92 17,921.91 (4,899.99) 4,899.99 6,547.76 5,849.17 698.59 (698 59) 4,906.00 952.37 3,953.63 (3,953.63) 32,315.32 32,111.07 204.25 (204.25) 18,170.62 12,258.07 5,912.55 (5,912.55) 6,817.04 6,072.10 744.94 (744 94) 14,143.26 17,921.91 (3,778.65) 3,778.65 39,052.23 30,002.52 9,049.71 (7,000.00) 12,741.51 7,170.35 5,57116 (5,571.16) 2,555.04 621.53 1,933.51 (1,933.51) 7,036.00 952 37 6,083 63 (6,083.63) Escalation 100,515.70 74,998.85 25,516.85 (23,467.14) I Local Agency Standard Consultant Agreement Architectural /Engineering Agreement Personal Services Agreement Agreement Number Federal Aid Number Agreement Type (Choose one) Lump Sum Lump Sum Amount Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method Actual Cost Actual Cost Not To Exceed Fixed Overhead Rate Fixed Fee Specific Rates Of Pay Negotiated Hourly Rate Provisional Hourly Rate Cost Per Unit of Work Index of Exhibits (Check all that apply): Exhibit A -1 Scope of Work Exhibit A -2 Task Order Agreement Exhibit B -1 DBE Utilization Certification Exhibit C Electronic Exchange of Data Exhibit D -1 Payment Lump Sum Exhibit D -2 Payment Cost Plus Exhibit D -3 Payment Hourly Rate Exhibit D -4 Payment Provisional Exhibit E -1 Fee Lump /Fixed/Unit Exhibit E -2 Fee Specific Rates Exhibit F Overhead Cost Exhibit G Subcontracted Work Exhibit G -1 Subconsultant Fee ►Z� DOT Form 140 089 EF Revised 3/2008 DBE Participation Yes No 67.9 Federal ID Number or Social Security Number Do you require a 1099 for IRS? ❑Yes No Total Amount Authorized Management Reserve Fund Maximum Amount Payable THIS AGREEMENT, made and entered into this S between the Local Agency of City of Port Angeles and the above organization hereinafter called the "CONSULTANT Page 1 of 8 Consultant/Address/Telephone Exeltech Consulting, Inc. 116 West 8th Street, Suite 120 Port Angeles, WA 98362 City of Port Angeles Record #000300 (360) 417 -3803 Project Title And Work Descnption Task 1: Lauridsen Boulevard Bridge Replacement Project Phase 1 and Phase 2 and Task 2: Lauridsen /Lincoln Lauridsen /Laurel Intersection Improvements Project Phase 1 and Phase 2 day of Mrk.Y'C,N 91- 1491880 Completion Date June 30, 2014 815,767.10 815,767.10 Exhibit G -2 Fee -Sub Specific Rates Exhibit G -3 Sub Overhead Cost Exhibit H Title VI Assurances Exhibit I Payment Upon Termination of Agreement Exhibit J Alleged Consultant Design Error Procedures Exhibit K Consultant Claim Procedures Exhibit L Liability Insurance Increase Exhibit M -la Consultant Certification Exhibit M -lb Agency Official Certification Exhibit M -2 Certification Primary Exhibit M -3 Lobbying Certification Exhibit M-4 Pricing Data Certification App. 31.910 Supplemental Signature Page 1 Washington, hereinafter called the "AGENCY" WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY 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 for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance 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 work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. 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 Federal, State, 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 work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D /M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. 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." 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 this PROJECT, 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 PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 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 under 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 or 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. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub Contracting The AGENCY permits sub contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub consultant shall be substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a minimum amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment 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 the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANTS 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 the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub contract, including procurement of matenals and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The nght is reserved by the AGENCY to terminate this AGREEMENT at any time 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 as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work 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 herein above, 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. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work 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 work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work 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 above. 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 it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work 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 work required of it by the AGENCY. Forbearance of any nghts 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 complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work 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 XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination 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 de novo 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", and disputes concerning claims will be conducted under the procedures found in Exhibit "K XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such 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 to such action shall 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. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against 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. Unless otherwise specified in the 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 the 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 and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the 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 m 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 the AGENCY. 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 shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the 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 work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the 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 the 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 the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the 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. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII 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 an amendment to this AGREEMENT. XIX 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 agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 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. By Consultant DOT Form 140 -089 EF Revised 3/2008 i XPiR dfl 0/v 4 1,11c• Agency Page 8 of 8 By 1 (oj Exhibit A -1 Task 1 Scope of Work Lauridsen Boulevard Bridge Replacement Project March 1, 2012 Prepared by: Exeltech Consulting, Inc 116 W 8 Street, Suite 120 Port Angeles, WA 98362 e x e l t e c h TABLE OF CONTENTS I. BACKGROUND 1 II. PROJECT PHASING 1 III. PROJECT SCHEDULE 2 IV. ASSUMPTIONS 2 PHASE 1 ABBREVIATED PRELIMINARY DESIGN 5 TASK 1. PROJECT MANAGEMENT 5 1.1 General Project Management 5 1.2 Monthly Progress Reports and Invoices 5 TASK 2. BRIDGE AND ROADWAY PRELIMINARY DESIGN 6 2.1 Develop Design Memo 6 2.2 Preliminary Bridge Design 6 2.3 Preliminary and Final Horizontal and Vertical Alignment Plans 6 2.4 Develop Intersection Layout 7 2.5 Constructability Workshop 7 2.6 Independent Check 7 2.7 Preliminary Opinion of Probable Construction Cost 7 TASK 3. DRAINAGE DESIGN (ZENOVIC) 8 TASK 4. TRAFFIC ENGINEERING (FEHR PEERS) 8 4.1 Existing Conditions Data Collection, Evaluation, and Documentation 8 4.2 Travel Demand Modeling 8 4.3 Detour Analysis 9 4.4 Transportation Support of Environmental Document 9 TASK 5. SITE SURVEY MAPPING (JOHNSTON LS) 9 TASK 6. GEOTECHNICAL (PANGEO) 10 Scope of Services Page i 6.1 Site Visit 10 6.2 Site Exploration 10 6.3 Draft Geotechnical Report 10 TASK 7. HYDRAULIC ENGINEERING (MP STORMWATER) 11 7.1 Bridge Hydraulic Analysis 11 7.2 Bridge Hydraulic Memo 11 TASK 8. ENVIRONMENTAL 12 8.1 Coordination, Accumulation, and Review of Information 12 8.2 Field Reconnaissance 12 8.3 National Environmental Policy Act (NEPA) Environmental Evaluation 12 8.4 Cultural Resource Support 13 8.5 State Environmental Policy Act (SEPA) 13 8.6 City Permits and Approvals 13 PHASE 2 FINAL DESIGN 14 TASK 9. BRIDGE AND ROADWAY FINAL DESIGN 14 9.1 Roadway Final Design 14 9.2 Bridge Final Design 15 9.3 Opinion of Probable Construction Cost 16 9.4 Independent Check (ABAM) 16 9.5 Constructability Review 16 TASK 10. TRAFFIC ENGINEERING (FEHR PEERS) 17 10.1 Traffic Signal Design 17 TASK 11. GEOTECHNICAL (PANGEO) 18 11.1 Final Geotechnical Report 18 TASK 12. HYDRAULIC ENGINEERING (MP STORMWATER) 18 Scope of Services Page ii 12.1 Final Bridge Hydraulics Report 18 TASK 13. PUBLIC OUTREACH SUPPORT 18 PHASE 3 BID SUPPORT ENGINEER OF RECORD SERVICES 18 TASK 14. BID SUPPORT SERVICES 18 TASK 15. ENGINEER OF RECORD SERVICES 19 15.1 Engineer of Record Services During Construction 19 PHASE 4 CONSTRUCTION MANAGEMENT 19 TASK 16. CONSTRUCTION MANAGEMENT 19 16.1. Pre Construction Activities 19 16.2 Contract Administration for Construction 20 PHASE 5 BRIDGE INSPECTION, INVENTORY ASSESSMENT LOAD RATING 25 TASK 17. BRIDGE INSPECTION AND INVENTORY ASSESSMENT REPORT 25 TASK 18. BRIDGE LOAD RATING 25 Attachments A Sheet List Scope of Services Page iii Exhibit A -1 Task 1 SCOPE OF WORK Lauridsen Boulevard Bridge Replacement Project During the term of this Agreement, Exeltech Consulting, Inc. and their sub consultants in Exhibit G, here in after referred to as the "Consultant shall perform professional services for the City of Port Angeles, hereinafter referred to as the "City including the engineering, environmental and support services for preliminary design through construction management, in connection with the: Lauridsen Boulevard Bridge Replacement Project The Consultant shall actively coordinate and manage every aspect of the work, identify and resolve issues in a timely manner, communicate effectively, and ensure the accuracy and overall quality of the work and work products. The Consultant shall be responsible for the performance of the services described hereinafter, furnishing materials and information as needed to accomplish the work tasks. This document shall be used to plan, conduct and complete the work for the Project. I. BACKGROUND The existing Lauridsen Boulevard Bridge is structurally deficient and functionally obsolete. This project will replace the aging bridge, and incorporate pedestrian and bicycle safety enhancements according to the City's ongoing bicycle and pedestrian planning efforts. The project is an essential improvement to meet the growing needs or the region and projected freight truck and vehicle traffic, as it is a cross town truck route and alternate local cross town route. The project will allow truck and larger vehicle traffic passing through the Port Angeles urban area to bypass the downtown area. The Project is funded with local and FHWA federal funds. II. PROJECT PHASING The Lauridsen Boulevard Bridge Replacement Project will be broken into five phases. The Consultant will not proceed onto the next phase without approval of the preceding phase from City and then notice to proceed onto the next phase. Phase 1 of the Project will consist of engineering, environmental, and supporting analysis necessary to progress the previously started preliminary design services to a full preliminary design (approximately 30 This will include confirming the project preferred alternative, which will be progressed into Phase 2. Phase 2 of the Project will consist of engineering, environmental, and supporting analysis necessary to progress the preliminary design to a ready- for construction final 100% PS&E. Phase 3 of the Project will consist of bid support and engineer of record (EOR) support. Phase 4 of the Project will consist of construction management services for the Project. Scope of Services Task 1 Page 1 Phase 5 of the Project will consist of Bridge Inspection and Load Rating. III. PROJECT SCHEDULE Notice to Proceed Abbreviated Prelim. Design (30 Final Design (100% PS &E) Construction Phase Services April, 2012 April 2012 July 2012 July 2012 February 2013 March 2013 January 2014 The Consultant is responsible for meeting deadlines for their tasks only; having no control over those portions of the schedule related to the tasks performed by the City or any third party. Any outside influences on schedule may increase Project cost. IV. ASSUMPTIONS GENERAL 1. Hazardous materials will not be found. 2. The City will make timely payment of invoices (within 30 days of approved invoice). 3. The Project Schedule will not be delayed or extended. 4. The City will lead all public involvement efforts, with support from the Consultant. 5. Project deliverables will be in hard copy and electronic format (excluding invoices and supporting documents, which will be delivered in hard copy format only). 6. The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit E -1 Task 1. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. Additional services beyond these limits may be considered Extra Work. 7. All City directed activities, above and beyond the scope of work, will require written confirmation from the City Project Manager or designee. 8. Timely reviews of submitted deliverables at mutually agreed upon times and consolidation of all review comments into one review document prior to returning to the Consultant. The PROJECT schedule assumes timely decision making by the CITY. DESIGN PHASE 9. Design standards to be used include the following versions of which are in place at time of contract execution: Washington State Department of Transportation (WSDOT) LAG Manual 2005 Washington State Department of Ecology Stormwater Manual Americans with Disabilities Act (ADA) AASHTO Manual for Bridge Evaluation AASHTO LRFD Bridge Design Specifications Washington State Department of Transportation (WSDOT) Design Manual WSDOT Bridge Design Manual Scope of Services Task 1 Page 2 WSDOT Hydraulics Manual WSDOT Plans Prep Manual City of Port Angeles Urban Standards and Guidelines 10. The replacement bridge is assumed to be a single span WSDOT precast prestressed girder structure, supported on abutments with drilled shaft foundations. 11. The project will result in No Effect to threatened and endangered species. This scope of work does not include preparation of a Biological Assessment for consultation under Section 7 of the ESA. No Effect documentation will be limited to the WSDOT ECS. 12. The WSDOT ECS will be adequate for documentation of environmental impacts under NEPA. No separate Discipline Reports will be required. 13. The project will be classified a Type 2 Documented Categorical Exclusion under NEPA. 14. The NEPA kickoff meeting will be held in Olympia. 15. Cultural /historical resource evaluation and Section 106 consultation will be performed by the City. 16. If Lauridsen Bridge is deemed a historic resource, the City will provide mitigation and /or HABS /HAER historical studies and documentation, if needed. 17. The Consultant shall use Civil 3D (2012 Version) and AutoCAD software (2012 Version) for plan preparation. 18. The City has adequate Right of Way for the project and no new Right of Way will be required except for possible easements. 19. The City will provide copies of all available background information. 20. The plans will include an assumed 67 plan sheets total, as detailed in Attachment A. 21. The project will be scheduled to be constructed in one construction season. 22. Mobilization and drilling for geotechnical needs can be accomplished during normal daylight work hours. 23. Right -of -entry and permits for geotechnical and surveying to be provided by City, if necessary. 24. Traffic control and flagging will be required and will be provided by the City for the geotechnical drilling. 25. Test boring locations will be referenced to existing site features using GPS, tape measure or rangefinder. 26. The project will be developed using English units of measure. 27. The project will not change the existing overflow conditions, and will not cause any significant changes to existing facilities upstream or downstream of the bridge. 28. Available flow data for Peabody Creek will be provided by the City. 29. A detailed Reach Assessment is not required. 30. A detailed scour analysis is not required due to abutment and pier locations being well outside of the Normal High Water. However, if the soils are erodible based on the geotechnical findings, lateral migration will be taken into account and scour will be accounted for as part of the project. Scope of Services Task 1 Page 3 31. The total disturbed area for the project will be Tess than one (1) acre. 32. The project will be designed per the Small Project Drainage Plan criteria in the City's Urban Services Standards and Guidelines. 33. Stormwater treatment will be required for waters collected from Lauridsen Boulevard, but not flow control prior to discharge to Peabody Creek. 34. Stormwater collected from revised points on Race Street will not require treatment or flow control. CONSTRUCTION PHASE 35. The project is assumed to be 120 working days with 5 additional days built in due to changes, delay or weather. The Consultant's Construction Management Team will begin two weeks prior to construction and will continue half -time for four weeks after construction completion to close out. The Construction Management Team will work no more than this assumed 145 working days or 29 weeks (does not include pre construction activities). 36. Contractor's work is anticipated to take place during daylight hours on a single shift of 8 hours per day, 5 days per week. 37. Services will be performed in accordance with the WSDOT Local Agency Guidelines (LAG) and the WSDOT Construction Manual. 38. Project construction is assumed to be continuous and without a suspension or winter shutdown. 39. The bridge and adjacent roadway will be closed during construction. 40. The Consultant's Construction Management Team is assumed to include the following labor resources: One part time QA/QC Principal Engineer, 1 hr per month One part time Project Manager, 3 hrs per week One half time Resident Engineer, 15 hrs per week One full time (8 hrs per day) Field Inspector One half time Office Engineer, 16 hrs per week One half time Documentation Control Administrator, 15 hrs per week One part time Office QA/QC Engineer Part time Administrative Support Professional services will be limited to the assumed hours /costs established in Exhibit E -1, unless additional services are authorized by the City. 41. To streamline communication, all project direction from the City will be channeled through Consultant's Construction Management Team, who will also serve as the primary point of communication with the Contractor. 42. Exeltech's Resident Engineer will report directly to, and communication flow will be directly to /from the City's Project Manager. 43. Project documentation will be maintained in the Consultant's web based documentation software, e-Room, and filed in accordance with standard filing protocol. At the completion of Scope of Services Task 1 Page 4 the project, the original project documentation will be transferred to the City, including hard copies of original project documentation. 44. The City shall serve as the primary contact for public inquiries about the project 45. General materials testing shall be provided in accordance with the labor and testing assumptions, as included within and in Exhibit G -1. 46. The City will have WSDOT perform all fabrication inspections of bridge girders, catch basins, manholes, signal poles, signal controllers, and signing. 47. Hazardous materials and or archaeological discoveries /conditions are not known to be present at the project site, but will be properly dealt with if encountered. 48. The City will lead the coordination between the Contractor's activities and the impacts to the local residents and businesses. PHASE 1 ABBREVIATED PRELIMINARY DESIGN Task 1. Project Management This task describes the services necessary to plan, perform, and control the various elements of the Project so that the needs and expectations of the City and other Project stakeholders will be met or exceeded. Throughout the Project, the Consultant shall provide clear and concise documentation of work progress, including coordinating work products by the design team that are critical to the overall effort. The Consultant shall provide overall project management and documentation of work progress, including coordinating the work products of the design team that are critical to the overall design effort. Any changes that arise will be proactively communicated and documented with the City's agreement. 1.1 General Project Management It is anticipated that the Consultant shall participate in three (3) project meetings with the City at the City's offices, including a Project Kickoff /Site Visit, a Preliminary Design Review Meeting, and a 90% PS&E review meeting. Other design project meetings will be held via conference call or video conference. The Project Kickoff Meeting will be combined with that for Task 2. The preferred design will be determined at the Preliminary Design Review Meeting, and will be progressed through final design without re- design. The Consultant will oversee the work of subconsultants and provide general coordination to maintain smooth progress on the project. 1.2 Monthly Progress Reports and Invoices The Consultant shall prepare monthly progress reports including a summary of work completed, and financial status of project budget. Scope of Services Task 1 Page 5 Deliverable(s): 1. Monthly Progress Reports 2. Monthly invoices Task 2. Bridge and Roadway Preliminary Design 2.1 Develop Design Memo The Consultant shall review the relevant project data, and develop design constraints, design considerations, and design criteria which will be important factors for the successful development of the project. This task will include collaboration through meetings with survey, hydraulics, and geotechnical sub consultants, as well as other team members. The Consultant shall prepare a Design Memo, for the City's concurrence prior to beginning work on Final Design. The Design Memo is a formal documentation of design standards for the project. Deliverables: 1. Draft Design Memo 2. Final Design Memo 2.2 Preliminary Bridge Design The Consultant shall prepare preliminary design (approximately 30% design) for the bridge and approach roadway near each bridge abutment, for the recommended bridge altemative, as approved by the City. The Consultant shall prepare a bridge and retaining wall layout plan to show the bridge type, size and location, horizontal and vertical alignments, and typical sections. Preliminary design will include ongoing collaboration through meetings with the City, survey, hydraulics, and geotechnical sub consultants, as well as other team members. Geometric calculations will be performed to completely define the bridge and retaining wall geometrics. Preliminary structural design calculations will be performed to conceptually size the structural members. Deliverables: 1. Preliminary 30% Plans 2.3 Preliminary and Final Horizontal and Vertical Alignment Plans The Consultant shall develop horizontal and vertical alignments to such refinement that horizontal and vertical clearances can be reasonably checked, drainage concepts resolved, and utility conflicts identified. To finalize the preliminary horizontal and vertical alignments, approval is required by the City. These plans shall be developed in a manner consistent with design criteria established for this Project. Scope of Services Task 1 Page 6 Deliverables: 1. Preliminary Horizontal and Vertical Alignment Plans 2. Final Horizontal and Vertical Alignment Plans 2.4 Develop Intersection Layout The intersection layout of Lauridsen and Race Street will be developed to meet the current design guidelines for the proposed design vehicle. ADA requirements, and where needed Maximum Extent Feasible analysis will be performed. The preliminary layout for the intersection and road approaches will be evaluated for: Cost Turning radius Right -of -way Environmental Deliverables: 1. Preliminary Intersection layout (up to 3) 2. Preliminary and Final Design Summary Report 3. Maximum Extent Feasible Report 2.5 Constructability Workshop The 30% preliminary plans will be reviewed for constructability. A four (4) hour constructability workshop will be held by the consultant internally to review the chosen alternative for bridge and wall type. 2.6 Independent Check (Berger ABAM) The 30% preliminary plans and calculations for the bridge and roadway elements will be independently checked, and comments will be provided as red -lines on plan sheets and /or comment sheets will be completed. Deliverables: 1. Independent check documents 2.7 Preliminary Opinion of Probable Construction Cost The Consultant shall prepare the preliminary design bridge and roadway opinion of probable construction cost using approximate quantities of materials for some bid items and lump sum estimates for some bid items, depending on the degree of design completed. Historical bid unit prices for projects in Western Washington and City of Port Angeles will be used to determine appropriate unit bid prices for the preliminary design bridge opinion of probable construction cost. Deliverables: 1. Preliminary Opinion of Probable Cost Scope of Services Task 1 Page 7 Task 3. Drainage Design (Zenovic) Detention and Water Quality analysis will be performed that follows 2005 Department of Ecology Storm water Design Manual. The Consultant shall perform a study to define the design requirements and provide recommendations using DOE's Best Management Practices (BMP). A drainage design report will be prepared per the required guidelines. Deliverables: 1. Preliminary Drainage Plans 2. Draft and Final Drainage Report Task 4. Traffic Engineering (Fehr Peers) 4.1 Existing Conditions Data Collection, Evaluation, and Documentation The Consultant shall collect relevant information about existing transportation system operations, including roadway facilities and intersections, transit services, and bicycle and pedestrian infrastructure within the study area. This task includes collecting traffic counts at up to ten study intersections (we have indicated the counts collection as an optional task in our fee). This task will also involve collection of traffic safety information (accident data will be provided by the City) for the study intersections and roadway segments. To the extent possible, data from the on -going Comprehensive Transportation plan project will be utilized. It is envisioned that this data collection effort will include coordination with City staff, as well as review of recent transportation studies and aerial photography. To develop the traffic report, which will serve as the basis for the environmental document, the Consultant shall document the existing transportation conditions, including written representation of facilities that are on the ground today. This analysis will also include a table describing roadway operations and intersection level of service at up to 10 study facilities. Intersection operations will be done using the Synchro software package and made available to the City. The written product for this task will be developed, and will describe existing transportation conditions in the study area, including conditions for vehicles, transit, bicycles, and pedestrians, as well as traffic safety. It is assumed that this report will include up to four figures. Deliverables: 1. Draft Traffic Report 2. Final Traffic Report 4.2 Travel Demand Modeling The Consultant shall use the model developed as a part of the Transportation Comprehensive Plan to develop four sets of forecasts to compare current year and design year build vs. no build scenarios: Current Year Build: Bridge closure during construction near term (2013 forecast) which assumes the bridge is closed Scope of Services Task 1 Page 8 Current Year No Build: 2013 No Action assumes the bridge remains open since it is not rebuilt Design Year Build: Design year 2035 forecasts assuming the bridge is open and the cross -town truck route is fully implemented Design Year No Build: 2035 No Action assumes that the Lauridsen Bridge is not rebuilt, but remains serviceable. Does not assume implementation of a cross -town truck route Development of these forecasts will require close coordination with City staff to ensure that land use growth assumptions are appropriate and that all future year transportation projects are considered. The deliverable for this task will be a set of forecasts that will be shared with the project team and the City to determine the reasonability of each forecast. Deliverables: 1. Set of forecasts 4.3 Detour Analysis The Consultant shall review the City's planned detour routes, compared against the model's output, and provide comment on considerations related to conditions during construction in support of the overall detour plan: Traffic flow /accommodations Bicycle /pedestrian facilities and detour routes ADA access Transit effects 4.4 Transportation Support of Environmental Document The Consultant shall respond to transportation- related comments related to the environmental document. To the extent possible, the Consultant shall provide master responses that can apply to multiple comments. Task 5. Site Survey Mapping (Johnston LS) The Consultant shall provide full topography for the project area, to be supplemented with City Right of Way limits, location of all underground utilities, storm water catch basins with i.e.s, Ordinary High Water stakes (to be placed by Exeltech). Existing footing supports and power lines (including heights) will also be surveyed. Deliverables: 1. Updated topographical map with roadway right of way identified Scope of Services Task 1 Page 9 Task 6. Geotechnical (PanGEO) The Consultant shall perform a complete geotechnical study for the new bridge by drilling one test boring near each existing abutment of the existing Lauridsen Bridge, and two additional borings to shallower depths for retaining walls and /or minor structure foundations. The borings will be drilled at locations accessible by truck- or track- mounted equipment. 6.1 Site Visit The Consultant shall perform a site visit to locate and mark exploration locations in the field and to recon the general area of the site. 6.2 Site Exploration The Consultant shall drill two test borings near the existing abutments up to a maximum of 80 -feet deep each. Two additional borings up to a maximum of 20 -feet deep will be drilled at locations of retaining walls and /or minor structure foundations. Truck- or track- mounted drilling equipment will be used that can convert to rock coring when necessary. Drilling will not be performed deeper than the aforementioned depth without prior authorization. The borings will be monitored and logged under the full -time observation of the Consultant's geotechnical engineer or engineering geologist. Standard Penetration Test samples will be obtained at approximately 5 -foot intervals when drilling in soil. The site soils are assumed to be "clean" (i.e., no hazardous materials or contamination), therefore drill cuttings will be disposed of on site. Laboratory testing will be conducted to determine certain index properties of the on -site soils, including moisture content and grain size analysis. 6.3 Draft Geotechnical Report The Consultant shall perform engineering analysis and evaluate data derived from the site exploration and prepare a Geotechnical Report containing the results of the geotechnical field study to support preparation of the PS&E, including descriptions of surface and subsurface conditions, and a site plan showing exploration locations and other pertinent features. Summary exploration logs, charts and graphs indicating laboratory test results will also be included. The results of our engineering evaluations and preliminary geotechnical engineering recommendations pertaining to the following items will be presented: For the new permanent bridge foundations, the new permanent retaining wall, and /or minor structure foundations: type depth, service and nominal (ultimate) bearing resistances, bearing elevations at each abutment, and anticipated settlements associated with service bearing resistances; Geotechnical design criteria for the bridge, including seismic design requirements and liquefaction hazard analysis (if applicable); Abutment or approach fill walls (global stability, bearing and sliding resistance, settlement estimation); Preparation of special provisions and /or advisory specifications to supplement the special provisions for the project; and Constructability issues and concerns. Scope of Services Task 1 Page 10 Evaluation of chemical or hazardous material properties of soil and groundwater, special handling or disposal, or the potential presence of wetlands on the site is not included. Deliverables: 1. Draft Geotechnical Report Task 7. Hydraulic Engineering (MP Stormwater) 7.1 Bridge Hydraulic Analysis The purpose of this task is to understand the hydraulic conditions at the existing site in order to establish the hydraulic design parameters for the proposed bridge. The creek's cross sections upstream and downstream of the bridge will be used in the hydraulic analysis to assess the local stability of the existing creek and the need for any protection of the proposed bridge. The Consultant shall perform a site inspection to establish conditions upstream and downstream of the proposed crossing to observe and record: Highest flood waterline or 100 Year Flood Elevation relative to the proposed bridge. Hydraulic control sections upstream and downstream of the proposed bridge. Bed and bank features including hydraulic friction values, material sizes, vegetation. Potential channel migration and stability upstream and downstream of crossing based on existing bed and bank features. During the site inspection, a photo log of the bridge and field notes will be created. The Consultant shall establish water surface elevations and determine local velocities in the creek under flooding conditions, using HECRAS bridge hydraulic modeling with available flood information. Using a 100 MRI (years) storm frequency, the Consultant shall design for flow passage and check for high flow damage using a 500 MRI (years) storm frequency. Normal High Water elevation will be provided for bridge demolition and construction. Existing cross sections 200 ft upstream and 200 ft downstream will be used to assess the flow characteristics. 7.2 Bridge Hydraulic Memo This task includes preparing a hydraulic memo (summary report) covering existing site conditions, developed conditions, hydraulic design and photo log, field notes, hydraulic model input and output, flow rates, and water elevations. The Hydraulic Memo shall be in accordance with the current design standards in the Washington State Department of Transportation (WSDOT) "Hydraulics Manual" and the City of Port Angeles local guidelines called "Urban Services Standards and Guidelines" for stormwater compliance. Deliverables: 1. 30% Draft Hydraulic Memo Scope of Services Task 1 Page 11 2. 60% Draft Hydraulic Memo 3. 90% Draft Hydraulic Memo Task 8. Environmental Environmental documentation for the Lauridsen Boulevard Bridge Replacement Project will be completed according to the Local Agency Guidelines for projects using Federal Highway Administration (FHWA) funds. The project will cross Peabody Creek within the City of Port Angeles. As such, environmental studies and documentation will include delineation of Ordinary High Water Line (OHWL), permitting of any wetland or waters impacts, documentation of potential effects to species listed as threatened or endangered species under the Federal Endangered Species Act of 1973 (ESA), Critical Areas and Shoreline Management Act permitting through the City of Port Angeles. This task consists of the work effort required to complete coordination with WSDOT and regulatory agencies, and permit application materials necessary to obtain regulatory approval for project construction. 8.1 Coordination, Accumulation, and Review of Information The Consultant shall gather and review existing literature and scientific data to determine the documented presence of wetlands, fish, wildlife and plant species and /or their habitats within the project study area. This will include: acquisition and review of data from the US Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), Washington Department of Fish and Wildlife (WDFW), Washington Department of Natural Resources (WDNR), the Natural Resource Conservation Service (NRCS), and City of Port Angeles Critical Areas Ordinance for information relating to stream and wetland conditions and the occurrence of federally listed, proposed and candidate species. Gathered information shall be used to obtain project permits and approvals for the project. Additional sources of information regarding watershed and species information may also include area salmon enhancement groups, tribes, and the Internet. 8.2 Field Reconnaissance The Consultant shall visit the project area to evaluate the presence of sensitive environmental features, areas that may be characterized as Critical Areas such as wetlands, and the potential for the project to affect species listed as threatened or endangered or suitable habitat for such species. The Consultant shall record notes and representative photos of relevant environmental features within the project area during the visit. Based on site conditions, it is assumed that no wetlands and only waters of the US occur within the project area. The Consultant shall flag the boundary of the Ordinary High Water (OHW) within the project study area, up to 300 feet up and downstream of the existing bridge and shall document all habitat conditions within the project area including likely construction staging areas. A sketch map of the flagged OHW and any other significant habitat features will be provided to project surveyors for inclusion on project base maps. 8.3 National Environmental Policy Act (NEPA) Environmental Evaluation The Consultant shall prepare documentation necessary to complete environmental evaluation under NEPA. It is assumed that the project will be classified a Documented Categorical Exclusion (DCE) and documentation will be limited to the WSDOT Scope of Services Task 1 Page 12 Environmental Classification Summary (ECS). All environmental data and project impacts will be documented within the ECS and no separate discipline reports will be required. Consultant shall prepare for and conduct a NEPA kickoff meeting, inviting representatives of WSDOT Highways and Local Programs and the City, to review and confirm environmental documentation requirements and to validate the anticipated NEPA classification. Prior to the NEPA kickoff meeting, the Consultant shall prepare and distribute a Draft ECS to the City and WSDOT staff. The Draft ECS shall serve as the basis for environmental review during the meeting. Consultant shall prepare the agenda and keep meeting minutes to be distributed to meeting attendees following the NEPA kickoff meeting. Following the NEPA kickoff meeting, Consultant shall prepare a Final Draft ECS for review by the City and WSDOT. Following receipt of comments on the Final Draft ECS, Consultant shall prepare and submit the Final ECS to WSDOT Highways and Local Programs. Deliverables: 1. Electronic copy of the Draft ECS to City and WSDOT prior the NEPA kickoff meeting 2. Arrange NEPA kickoff meeting within 30 days following Notice to Proceed. 3. Electronic and hard copy (up to three copies) of the Final ECS to City and WSDOT H &LP 8.4 Cultural Resource Support The Consultant shall provide support to the City as requested to identify, document, and evaluate any prehistoric or historic resources in the project area. 20 hours have been budgeted for this effort. 8.5 State Environmental Policy Act (SEPA) Consultant shall prepare SEPA Environmental Checklist for approval by the City. Supporting documentation shall be limited to documents prepared under this Scope of Work. It is assumed that the SEPA review will result in a Determination of Non significance and no Environmental Impact Statement or Environmental Assessment shall be required. Deliverables: 1. Electronic copy of the SEPA checklist submitted to the City within 60 days following Notice to Proceed. 2. Electronic and hard copy of the Final SEPA checklist incorporating comments received from the City within two weeks of receipt of comments from all reviewers. 8.6 City Permits and Approvals The Consultant shall prepare and submit necessary local permit applications to comply with applicable Critical Areas Ordinance and Shoreline Management Act. Based on site geography, the project may lie within a Geologic Hazard Area. The Critical Areas permit may require documentation of slope stability and will be supported by the geotechnical assessment prepared under this Scope of Work. Scope of Services Task 1 Page 13 The Project will likely be exempt from Substantial Development Permit under "Normal Repair" where replacement is similar in nature to existing structure and does not cause adverse effects to shorelines. The Consultant shall develop documentation required by the City to apply for a Shoreline Exemption. PHASE 2 FINAL DESIGN Deliverables: 1. Electronic copy of the Critical Areas permit application and Shoreline Exemption submitted to the City. 2. Electronic and hard copy of the final permit applications incorporating comments received from the City to be delivered to City within two weeks of receipt of comments from all reviewers. Task 9. Bridge and Roadway Final Design The Consultant shall take the preliminary design and prepare final design (100% design) for the project. The Consultant shall prepare a complete plans, specifications and estimates (PS &E) package. The work shall be in accordance with the approved Design Memo. The Consultants intemal QA/QC procedures will be utilized throughout the design effort on this Project. Independent check of the structural design calculations and CADD plan sheets will be performed by BergerABAM. Checks will also be made of computer program input as well, to insure the accuracy of the results. Drawings and details will be reviewed for constructability and for conformance to drawing standards. 9.1 Roadway Final Design The Consultant shall prepare final PS &E for roadway design, including the following: Preparation of Site Plans (Alignment/Plan Profile) The Consultant shall prepare a complete set of site preparation plans in accordance with the approved design report, preliminary plans, field data, and other City furnished information. The plans shall show all demolition, removal items, alignment, clearing and grubbing, and other features, and restoration of the site. Roadway Paving The Consultant shall prepare a complete set of roadway paving plans, paving details, and roadway sections in accordance with the approved Design Memo, the approved roadway sections, the approved intersection plans, preliminary design plans, and other City furnished information. Roadway Paving Plans shall include paving limits, barrier location, wall locations, guardrail, intersection configurations, and other associated items. The roadway paving plans may be combined with the channelization plans. The Consultant shall prepare vertical profiles for only those roadways being constructed as part of this Project. Scope of Services Task 1 Page 14 Roadway Drainage and Utilities (Primary Responsibility Zenovic) The Consultant shall prepare a complete set of drainage utility plans, profiles, details, and structure notes, in accordance with the approved Drainage Report, and other City furnished information. Appropriate temporary erosion control and sediment control devices shall be designed and coordinated such that the Project area runoff will be effectively controlled. The Consultant shall be responsible to locate and include in the plans all existing or proposed utility lines that may be in conflict during construction. Illumination, Signing, Striping, and Signalization The Consultant shall prepare plans in accordance with approved preliminary design plans, the WSDOT Design Manual, the WSDOT Traffic Manual, and the Manual on Uniform Traffic Control Devices (MUTCD). Traffic Control The Consultant shall prepare detailed traffic control plans to accommodate each phase of the Project during construction. Traffic control plans shall include all signing, striping, and delineation for each required traffic shift. Traffic control plans shall be closely coordinated with the City to ensure conformity with local codes and regulations. All lane closures and roadway closures shall require the concurrence of the City. The Consultant shall submit 90% PS &E for the City's review. The Consultant shall prepare written responses to the 90% PS &E comments and incorporate the review comments into the final 100% PS &E. Deliverable(s): 1. 90% Plans and Specifications 2. Final 100% Plans and Specifications 9.2 Bridge Final Design The Consultant shall prepare final bridge design and plans, including the following: Geometric Design The Consultant shall prepare a complete set of geometric design calculations for the bridge and retaining wall structures. The controlling vertical and horizontal control geometric information for the layout of the bridge and retaining walls will be shown on the Bridge Layout, Foundation Layout, and Retaining Wall Layout plan sheets. Detailed information such as the dimensions and elevations of substructure elements and superstructure elements, such as shafts, walls, bearings girders and roadway deck elements will be shown on the applicable plan sheets. The geometric design will be closely coordinated with the survey data gathering work and the roadway design geometrics. Scope of Services Task 1 Page 15 Structural Design The Consultant shall prepare a complete set of structural design calculations for the bridge and retaining wall structures. The design calculations for the structures will be in accordance with the AASHTO LRFD Bridge Design Specifications. The calculations will include both designer and checker calculations. The guidelines in the WSDOT Bridge Design Manual will be followed. The calculations will be hard copy (8' /z" x 11") paper. The calculations will be stamped, signed, and dated. The structural design will be closely coordinated with the geotechnical foundation work and hydraulics design. Bridge and Wall Plans The bridge and wall plans will include the entire structural portion of the project as listed in the sheet listing. The plans prepared a part of the preliminary design will be completed and the other plan sheets will be included in the 90% and 100% submittals. The plans will be stamped, signed, and dated. The plans will be hard copy (11" x 17 paper. The Consultant shall submit 90% PS &E for the City's review. The Consultant shall prepare written responses to the 90% PS &E comments and incorporate the review comments into the final 100% PS &E. Deliverables: 1. 90% Plans and Specifications 2. Final 100% Plans and Specifications 3. Final Bridge Design Calculations 9.3 Opinion of Probable Construction Cost The Consultant shall prepare the final design opinion of probable construction cost using approximate quantities of materials for some bid items and lump sum estimates for some bid items, depending on the degree of design completed. Historical bid unit prices for projects in Western Washington and City of Port Angeles will be used to determine appropriate unit bid prices for the bridge opinion of probable construction cost. Deliverables: 1. 90% Opinion of Probable Construction Cost 2. 100% Opinion of Probable Construction Cost 9.4 Independent Check (Berger ABAM) The 90% preliminary plans and calculations for the bridge and roadway elements will be independently checked, and comments will be provided as red -lines on plan sheets and /or comment sheets will be completed. Deliverables: 1. Independent check documents 9.5 Constructability Review Scope of Services Task 1 Page 16 With the 90% PS &E submittal, the Consultant shall have its Resident/Office Engineer conduct a constructability review and then have a plan -in -hand field review with the City. The plans will be used for the review, and will be checked for coordination with existing facilities, site constraints, known utilities, construction staging, construction access, and various other constructability issues that are site specific. Deliverable(s): 1. 90% plans review comments Task 10. Traffic Engineering (Fehr Peers) 10.1 Traffic Signal Design The Consultant shall provide the following for the traffic signal modification at the Race Street/Lauridsen Boulevard intersection. Based on the plans for the existing traffic signal and our understanding of the proposed project, we assume that the traffic signal modification will address replacement of the majority of the equipment in place today. We will prepare a traffic signal modification plan that shows the equipment at the intersection, as well as a signal pole detail sheet and wiring diagram. The Consultant shall prepare plans, specifications and estimate (PS &E) for traffic signal modifications for the Race Street/Lauridsen Boulevard intersection. The plans will be prepared using AutoCAD. The design will adhere to current WSDOT and City standards. The PS &E will be submitted for review at the 65 90% and final levels as outlined below. This scope assumes that temporary traffic signal designs will not be needed to maintain signal operations during construction. 10.1.1 65% Plans, Specifications and Estimate (PS &E) The Consultant shall collect available information relevant to the design, and will conduct a field review of the site to take pictures and measurements to verify the existing conditions. The Consultant shall develop preliminary plan sheets for the traffic signal modification. The plans will depict existing traffic signal equipment to remain, existing traffic signal equipment to be removed, and new traffic signal equipment to be installed. A signal pole detail sheet and wiring diagram will also be developed for the traffic signal. The Consultant shall prepare technical special provisions and an engineer's estimate for the construction costs of the traffic signal modifications as shown on the 65% plans. 10.1.2 90% Plans, Specifications and Estimate (PS &E) The Consultant shall prepare written responses to the 65% PS &E comments and incorporate the review comments into the 90% PS &E. The plans will also incorporate any minor geometric revisions. Scope of Services Task 1 Page 17 10.1.3 Final Plans, Specifications and Estimate (PS&E) The Consultant shall prepare written responses to the 90% PS &E comments and incorporate the review comments into the final PS &E. The Consultant shall conduct an internal quality assurance review of the PS &E, and the final PS &E will be reviewed and signed by an engineer registered in the State of Washington. Final plan submittal will be on Mylar and in electronic AutoCAD files. Task 11. Geotechnical (PanGEO) 11.1 Final Geotechnical Report The Consultant shall address comments on the Draft Geotechnical Report and will submit the Final Geotechnical Report. As part of this effort, the Consultant shall review the final PS &E plan sheets for the project to ensure the foundation design is reflected upon the plan sheets. This includes, but is not limited to, seismic design requirements and liquefaction hazard analysis, abutment or approach fill walls, and geotechnical constructability issues. Task 12. Hydraulic Engineering (MP Stormwater) 12.1 Final Bridge Hydraulics Report This task includes addressing comments on the 90% Draft Hydraulic Memo and to submit the 100% Final Hydraulic Report. The report will include an executive summary covering existing conditions, developed conditions, hydraulic analysis and design for the bridge. Proposed bridge drawings, photo log, field notes, hydraulic model input and output, flow rates, water elevations, hydraulic conveyance, water quality and water quantity and references to other supporting reports or studies will also be included in the report. The Hydraulic Report shall be in accordance with the current design standards in the Washington State Department of Transportation (WSDOT) "Hydraulics Manual" and the City of Port Angeles local guidelines called "Urban Services Standards and Guidelines" for stormwater compliance. Deliverables: 1. 100% Final Hydraulic Report Task 13. Public Outreach Support The Consultant shall provide support to the City for public outreach, as needed, up to 80 hours for Exeltech and 35 hours for Lindberg -Smith for graphics support. PHASE 3 BID SUPPORT ENGINEER OF RECORD SERVICES Task 14. Bid Support Services The Consultant shall provide support to the City during the project advertisement. Scope of Services Task 1 Page 18 The Consultant shall address Contractor requests for information and interpretations of the contract documents. The Consultant shall provide Bid Item quantity checks, process updates to the Contract Provisions and Contract Plans for any Addendums. The Consultant will not be required to attend a pre -bid meeting or bid opening meeting. Task 15. Engineer of Record Services The Consultant shall provide engineering technical support throughout the construction duration of the project. The Consultant shall work under the City's Project Manager in charge of construction. 15.1 Engineer of Record Services During Construction The Consultant shall provide Engineer of Record (EOR) construction support services to include: Review and respond to Requests for Information on the project and provide clarification and interpretation of contract specifications and drawings Review of bridge fabrication submittals, including shop drawings and engineering calculations, for the bridge, piling, deck slabs, and railing Review of project materials submittals, including catalog cuts, specifications, material certifications, welding procedures, and other submittals required by the contract Review Contractor proposed construction materials, methods and procedures for the various components of the project Review Change Orders The City will provide construction support for illumination and channelization Prepare as -built drawings (red marked 11" x 17" paper copies of the original signed plans) PHASE 4 CONSTRUCTION MANAGEMENT Task 16. Construction Management 16.1. Pre Construction Activities 16.1.1 Pre -Bid Support The Consultant shall support the City, as requested, to provide consultation regarding RFIs from the Contractor and /or Contractor evaluation and selection. 50 hours of work have been assumed for this effort. 16.1.2 Record of Materials Scope of Services Task 1 Page 19 The City will have WSDOT develop the ROM. The Consultant will do an initial review of this ROM. The ROM will be used to track all materials on the project. 16.1.3 Pre construction Conference The Consultant will prepare for and conduct a Pre construction Conference prior to the Contractor beginning work. The Consultant will develop an agenda and relevant project distribution information for the City's review and approval prior to the Conference. The Consultant will distribute notices of, facilitate, and voice tape the conference, which will be held at the City's offices. The Consultant will prepare and distribute meeting minutes within seven (7) days of the Conference to all attendees and affected agencies, staff, etc. At the Pre construction conference, the Consultant will facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, federal, state, and local requirements, EEO, DBE requirements, and any other items that will result in better project understanding among the parties involved. 16.1.4 Pre construction Photographs The Consultant shall take pre- construction photographs which will document the existing condition of the Project right -of -way, and all relevant buildings and structures adjoining the site. Photos will be cataloged as to their location, date, and other relevant information. The Consultant will provide a copy of the pre- construction photographs to the City in digital format. 16.2 Contract Administration for Construction 16.2.1 Project Meetings The Consultant shall attend various project related meetings with the Contractor (including weekly project meetings).The Consultant shall prepare the agenda, keep meeting minutes, and the action item list for each of the weekly Project meetings. The Consultant may also be required to attend and participate in weekly safety tool box meetings as conducted by the Contractor. No minutes will be provided for safety meetings, but will be noted in the inspector's daily report. 16.2.2 Submittal Management All Project submittals will be logged and tracked by the Consultant. The Consultant shall coordinate and process the receipt, distribution, review and compilation of comments; and monitor and track the processing of RFI's, submittals, samples, shop drawings, steel reinforcing details, bar lists, mix designs, test reports, traffic control plans, change orders, payment requests, certified payrolls, and other submittals from the Contractor for compliance with the contract documents. In cooperation with the City and the EOR, The Consultant shall prepare a matrix that identifies key submittals that will be transmitted to the design engineer and /or the City for review and approval, and those that will be processed by the Consultant. The Consultant shall track and approve the processing of Request for Approval of Materials (RAM's) and review and distribute as necessary. All Contractor submittals to Scope of Services Task 1 Page 20 City staff and /or EOR for will be submitted for approval, including proposed designs, construction methods and procedures for the various components of the structures, formwork and false work submittals, catalog cuts, and shop drawings for compliance with the Contract documents. The Consultant shall seek technical expertise from the EOR when required for clarification or resolution of Contract drawings. The Consultant shall process the requests for sublet; and shall review and approve the requests according to the WSDOT Standard Specification 1 -08.1. The Consultant shall review and respond on the SPCC Erosion Control Plan and shall monitor the Contractor's administration of the Plan. 16.2.3 Inspection Services The Consultant shall inspect on -site construction methods, products, materials, and activities for conformance with the project plans, specifications, Contract documents, submittals and applicable codes and design standards with the ROM. Any non conformances, deviations, defects or deficiencies observed will be documented and communicated to the City. The Inspector shall be the City's representative to coordinate and facilitate the Contractor's work with Utilities, and the adjoining property owners on the project. The Consultant shall review the required wage rates and conduct the required employee wage interviews. The Consultant shall also track the required DBE goals, and prepare Monthly Utilization Reports. The Consultant shall track and inspect all materials deliveries, storage and protection for compliance. The Consultant shall coordinate the technical inspection and verify acceptance testing for all project materials and constructed components as specified by the ROM. The Consultant shall document all observed non conforming work, and as necessary in conjunction with the design team make recommendations to the City for corrective measures. In addition, the Construction Management Team will notify the Contractor immediately and proactively work with the Contractor to resolve such issues. Resolution of all nonconforming issues /item, will be tracked to assure that corrective work is completed. As necessary, disputes will be elevated to the proper level. The Consultant shall prepare Inspector's Daily Reports (IDRs) by utilizing the WSDOT electronic Inspector's Daily Report forms 422 -004 and 422 -004A, documenting weather conditions, labor, equipment, and materials used, material and equipment deliveries to the site, phases of work being undertaken with start and stop times, work by bid item number, environmental permit compliance, Contractor contacts made, visitors to the site, quality of work, shortages, requests for change orders, engineer directives and /or clarifications, design issues, safety, traffic management, accidents, any notices received, interfaces with other agencies and government officials, identification of different site conditions and contaminated materials and the influence of external events such as weather and strikes which may affect the cost or completion schedule for the work. IDR's shall be posted to e-Room by the end of the next day's shift. Scope of Services Task 1 Page 21 The Consultant shall provide daily reports on any Force Account items on the WSDOT 422 -008 form, and document and calculate the amount to be paid for work performed on the force account. The Consultant shall use WSDOT form 422 -635 to document and record field calculations and notes. The Consultant shall provide a weekly statement of working days to the Contractor and a copy to the file. The Consultant shall provide pictorial documentation through weekly progress photos during the construction period. The construction photographs will be in digital format and cataloged by date. Construction photographs will be posted to e-Room on a weekly basis. 16.2.4 Claims /Change Order Administration The Consultant shall work to resolve day -to -day construction disputes which may occur during the course of the Project, and shall promptly inform the City of notices of changes or claims /issues raised by the Contractor. The Consultant shall assist and work on behalf of the City in preparing and negotiating claims, change order costs and time extensions by evaluating the Contractor's proposal and performing a preliminary evaluation of the contents of the change or claim and obtaining factual information concerning the change or claim to evaluate merit and entitlement. The Consultant shall prepare independent cost estimates based on the alleged cause of claims or proposed changes submitted by the Contractor. Upon successful change order negotiations, The Consultant shall prepare the final change order for execution by the City and the Contractor. Where applicable, the Consultant shall prepare alternate estimates based on varying scenarios of the change or claim cause. These estimates shall be transmitted to the City and shall be used in claim or change order rulings and negotiations. All delays and extra work will be monitored and tracked. The Consultant shall advise the City of the acceptability of price and time extension prior to submittal to the Contractor for their signature. The Consultant shall coordinate with and obtain written concurrence from the FOR on the description of work for each change order, which will be included as an attachment to the change order. The Consultant shall prepare and maintain a Change Order Report which will be provided to the City on a weekly basis. The report shall document and track change order information pertaining to proposed and executed change orders and their effect on the contract price as of the date of the report. The Consultant shall coordinate emergency change order work as directed by the City. If necessary, The Consultant shall provide dispute resolution procedures and expert witness deposition during litigation (associated time not included in current budget). All minor items of work, per the contract bid item, will be approved by the City's Project Manager before the Consultant directs the Contractor to proceed with the work. Scope of Services Task 1 Page 22 16.2.5 Monthly Construction Contract Schedule Review The Consultant shall perform an initial detailed schedule review of the Contractor provided CPM for conformance with the contract documents, and will discuss related schedule issues or concerns with the City. On a monthly basis, the Consultant shall review and respond to the Contractor's updated construction schedule and compare with field- observed progress. The Consultant shall monitor and regularly report to the City regarding schedule compliance. If issues arise, the Consultant shall report to the City with suggested resolutions, and coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control. The Consultant shall advise the City and make recommendations for exercising the City's contract prerogatives, including giving the Contractor notice to accelerate the project progress, withhold payment for cause, and other prerogatives available in an effort to achieve contract and schedule compliance. 16.2.6 Review Contractor Payment Requests The Consultant shall track installed quantities, review Contractor's invoices for materials, and provide a monthly pay estimate for the City to make payment to the Contractor based on measured quantities of work performed for each bid item. As necessary, the Consultant shall prepare correspondence explaining payment recommendations. 16.2.7 Document Reviews The Consultant shall conduct periodic internal quality documentation audits to monitor that documentation is complete and accurate. The audit will be conducted by an independent member of the Consultant's staff. The Consultant's project team will then respond to findings and recommendations from the audit. The Consultant shall assist the City with and shall attend all Document Reviews conducted by WSDOT Local Programs for the Project, including any preliminary Document Review(s) during the construction of the Project, and a Project Management Review (PMR) after completion of the Project. 16.2.8 Quality Assurance Surveying Support It is recognized that the Contractor shall provide construction staking and surveying for the project. As necessary, The Consultant shall provide on -call independent construction surveying services during the construction of the Project through an independent surveyor, to spot check critical locations and /or control information. Up to 4 field trips have been assumed for this effort, to include the following: Two (2) trips for bridge survey One (1) trip for survey of the retaining walls One (1) trip for miscellaneous survey Scope of Services Task 1 Page 23 16.2.9 Materials Testing (NTI) The Consultant shall coordinate and manage all materials testing required on the Project. The Consultant shall document and evaluate results of testing, and address deficiencies. The Consultant intends to use Northwestern Territories Inc (NTI) to perform necessary field and lab testing of granular materials, structural concrete, and other materials requiring testing except Hot Mix Asphalt (HMA). HMA Compaction testing will be done by NTI and they will collect and deliver samples to WSDOT for materials testing. The City will coordinate with WSDOT for this testing to be done by them. All testing will be performed by the Consultant's sub consultant NTI for those items requiring physical acceptance testing in accordance with the project plans and specifications. Testing will be done according to the Local Agency Guidelines (LAG) and the WSDOT Construction Manual (as modified by the LAG manual). Specifically, this includes Table 9 -3.7 of the WSDOT CN Manual as modified by Section 52.3 Quality Control of the LAG. Testing has been based on the hours and tests included in Exhibit G -1. 16.2.10 Record Drawings The Consultant shall review record drawings prepared by the Contractor, and shall prepare and maintain a conformed set of field record drawings based on Contractor provided information and from inspection notes. The field record drawings shall be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. The Consultant shall then forward the final conformed field record drawings to the FOR who will prepare the final record drawings. 16.2.11 Project Closeout When appropriate, the Consultant shall make a recommendation for issuance of substantial construction completion. The Consultant shall coordinate with the City, the engineer of record, sub consultants, Utilities, and other affected agencies to perform a project walk through and inspection, and oversee production of a comprehensive list of deficiencies and punch list items to be completed by the Contractor. The punch list and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City. The Consultant shall sign -off on punch list work as it is completed in accordance with the Contract documents. Following completion of all punch list work, the Consultant shall recommend that the City and /or Utilities accept the Project. Once all involved entities have accepted the Project in writing, The Consultant shall prepare a Certificate of Physical Completion, which will be issued by the City. The Consultant shall prepare and /or finalize all of the necessary reports and documentation for the Project, including but not limited to the final pay estimate, comparison of preliminary and final quantities, record of material samples and tests, material certifications, affidavit of wages paid, and affidavit of amount paid to DBE participants. Upon completion of all work on the Project, the Consultant shall deliver all Project documents to the City for permanent storage. Project documentation shall be neatly organized and labeled in standard filing boxes. A copy of all digital files related to the Scope of Services Task 1 Page 24 construction project, including all e- mails, shall be provided to the City on a mass storage device (thumb drive, or approved equivalent). The Consultant may keep a copy of the project documents for their records. Consultant Resources: Resident Engineer, Office Engineer, Field Inspector, Documentation Administrator 16.2.12 Post construction Photographs The Consultant shall take a series of post- construction photographs which will document the final condition of the Project right -of -way, and all relevant buildings and structures adjoining the site. Photos will be cataloged as to their location, date, and other relevant information. The Consultant shall provide a copy of the post construction photographs to the City in digital format. PHASE 5 BRIDGE INSPECTION, INVENTORY ASSESSMENT LOAD RATING Task 17. Bridge Inspection and Inventory Assessment Report The Consultant EOR will complete and on -site field visit to visually inspect the new structure and provide a written Bridge Inventory Assessment Inspection Report of the as built condition of the bridge structure. A two person team, including a WSDOT certified lead inspector, will perform the inspection, as assisted by the City's Project Manager. The inspection will be a visual inspection and observation of the bridge superstructure and substructure, not requiring special equipment, other than a ladder. No non destructive or destructive testing will be conducted during the inspection of the bridge superstructure and substructure. The report will include maintenance recommendations. Bridge inspection services will include: Review previous inspection reports and the as -built drawings prior to the on -site visit to provide a baseline condition of the structure for which an assessment can be made of the current condition of the bridge. Perform an on -site field visit inspection to include the entire bridge; piles, caps, girders, deck, railings, abutments, and any retaining walls. The Consultant shall be responsible for the safety of their employees during the field inspection. Prepare an Inspection Report using the Bridge Works Program, in accordance with standard FHWA and WSDOT practices. Deliverable(s): 1. Inspection Report (1 copy) Task 18. Bridge Load Rating The Consultant EOR will provide bridge engineering professional services to perform Toad rating design and check for the new structure. Bridge load rating services will include: Scope of Services Task 1 Page 25 Determination of the Toad rating factor and safe load capacity of the bridge superstructure for the three AASHTO legal trucks (Type 1, Type 2 and Type 3) and two Washington State Overload trucks (OL -1 and OL -2) for the structure. The AASHTO Load and Resistance Factor Rating (LRFR) method will be used for the Toad rating of the structures. The National Bridge Inventory (NBI) rating for FHWA reporting will be performed using the HS20 loading to calculate the inventory and operating ratings. The results of bridge load rating analysis will be summarized in WSDOT Bridge Rating Summary Sheet. Load rating reports submitted to the City shall be signed and stamped with the seal of a Professional Engineer registered in the State of Washington. The load rating analyses and report prepared, as part of this scope of services, to the extent feasible, shall be developed in accordance with the latest edition and amendments to the following documents available on the date of contract execution: WSDOT Bridge Design Manual (M23 -50) WSDOT Bridge Inspection Manual (M36 -64) WSDOT Local Agency Guidelines (M36 -63) AASHTO Manual for Bridge Evaluation Deliverable(s): 1. Load Rating Calculations Book (1 copy) 2. Load Rating Summary Sheet (1 copy) Scope of Services Task 1 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 131 Attachment A Sheet List Discipline Vicinity Map and Sheet Index Summary of Quantities Legend and Abbreviations Roadway Sections Site Preparation Plans 1 of 2 Site Preparation Plans 2 of 2 Alignment Plan and Profile 1 of 2 Alignment Plan and Profile 2 of 2 Temporary Signal Plans 1 of 2 Temporary Signal Plans 2 of 2 Signal and Illumination Plans 1 of 3 Signal and Illumination Plans 2 of 3 Signal and Illumination Plans 3 of 3 Signal and Illumination Details 1 of 2 Signal and Illumination Details 2 of 2 Paving Plan and Details 1 of 2 Paving Plan and Details 2 of 2 Channelization and Signing Plans 1 of 3 Channelization and Signing Plans 2 of 3 Channelization and Signing Plans 3 of 3 Channelization Details Driveway Plans, Profiles, and Details Detour Plan (1 of 4) Detour Plan (2 of 4) Detour Plan (3 of 4) Detour Plan (4 of 4) Drainage Plan and Profile 1 of 3 Drainage Plan and Profile 2 of 3 Drainage Plan and Profile 3 of 3 Drainage Details 1 of 2 Drainage Details 2 of 2 Prelim. Design Scope of Services Task 1 Page 27 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Discipline Structure Notes TESC and Site Access Plan TESC Details Slope Restoration Details Bridge Layout Plan and Elevation Foundation Layout and General Notes Construction Sequence and Staging Abutment 1 and 2 Shafts Abutment 1 Plan and Elevation Abutment 1 Details Abutment 1 Curtain Walls Abutment 2 Plan and Elevation Abutment 2 Details Abutment 2 Curtain Walls Retaining Wall Layout Plan and Elevations 1 of 2 Retaining Wall Layout Plan and Elevations 2 of 2 Retaining Wall Details 1 of 2 Retaining Wall Details 2 of 2 Moment Slab Details Bearing Details Bridge Superstructure Construction Sequence Bridge Geometric Typical Section Utilities Framing Plan WF74G Prestressed Concrete Girders 1 of 3 WF74G Prestressed Concrete Girders 2 of 3 WF74G Prestressed Concrete Girders 3 of 3 Slab Reinforcement Bridge Reinforcement Typical Section End Diaphragm and Expansion Joints Bridge Barrier and Sidewalk 1 of 3 Bridge Barrier and Sidewalk 2 of 3 Bridge Barrier and Sidewalk 3 of 3 Prelim. Design x x x x x Scope of Services Task 1 Page 28 Prelim. Final Discipline Design Design 64 Bridge Railing Type BP 1 of 2 I x 65 Bridge Railing Type BP 2 of 2 1 x 66 Bar List 1 of 2 1 x 67 Bar List 2 of 2 1 x Scope of Services Task 1 Page 29 Exhibit A -1 Task 2 Scope of Work Lauridsen /Lincoln and Lauridsen /Laurel Intersection Improvements Project March 1, 2012 0 pORTAAte tr f J Prepared by: Exeltech Consulting, Inc 116 W 8 Street, Suite 120 Port Angeles, WA 98362 .......00 e x e 1 t e c h TABLE OF CONTENTS I. PROJECT DESCRIPTION 1 II. ASSUMPTIONS 1 SCOPE OF WORK PHASES 1 AND 2 2 TASK 1. PROJECT MANAGEMENT 2 TASK 2. EXISTING CONDITIONS DATA COLLECTION, EVALUATION, AND DOCUMENTATION 3 TASK 3. TRAFFIC ANALYSIS 3 3.1 Travel Demand Modeling 3 3.2 Future Conditions Analysis and Documentation 4 TASK 4. PRELIMINARY ENGINEERING 4 TASK 5. WSDOT COORDINATION 5 TASK 6. TIB APPLICATION ASSISTANCE 5 Scope of Services Page i Exhibit A -1 Task 2 SCOPE OF WORK Lauridsen /Lincoln and Lauridsen /Laurel Intersection Improvements Project During the term of this Agreement, Exeltech Consulting, Inc. and their sub consultants in Exhibit G, here in after referred to as the "Consultant shall perform professional services for the City of Port Angeles, hereinafter referred to as the "City including the engineering and traffic analysis necessary to prepare preliminary design options (to a 10% level), in connection with the: Lauridsen /Lincoln and Lauridsen /Laurel Intersection Improvements Project The Consultant shall actively coordinate and manage every aspect of the work, identify and resolve issues in a timely manner, communicate effectively, and ensure the accuracy and overall quality of the work and work products. The Consultant shall be responsible for the performance of the services described hereinafter, furnishing materials and information as needed to accomplish the work tasks. This document shall be used to plan, conduct and complete the work for the Project. I. PROJECT DESCRIPTION We understand that the City is looking at improvements for the intersection of Lauridsen Boulevard and Lincoln Street and Lauridsen Boulevard and Laurel Street intersections (hereinafter referred to as "Project to implement the City's long range plan of removing truck traffic from the downtown corridor. In particular, the City is looking for the Consultant to provide analysis and study of the intersections to determine feasibility for a single roundabout or, a "tear drop" roundabout, or a T- Intersection. After analysis, design will move forward based on selection and approval from the City for the intersection improvement method. II. ASSUMPTIONS 1. Hazardous materials will not be found. 2. The City will make timely payment of invoices (within 30 days of approved invoice). 3. The Project Schedule is assumed to be from March August, 2012, and will not be delayed or extended. The Consultant is responsible for meeting deadlines for their tasks only; having no control over those portions of the schedule related to the tasks performed by the City or any third party. Any outside influences on schedule may increase Project cost. 4. The City will lead all public involvement efforts, with support from the Consultant. 5. Project deliverables will be in hard copy and electronic format (excluding invoices and supporting documents, which will be delivered in hard copy format only). 6. The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit E -1 Task 2. The budget may be transferred between tasks, Scope of Services Task 2 Page 1 provided the total contracted amount is not exceeded. Additional services beyond these limits may be considered Extra Work. 7. All City directed activities, above and beyond the scope of work, will require written confirmation from the City Project Manager or designee. 8. Timely reviews of submitted deliverables at mutually agreed upon times and consolidation of all review comments into one review document prior to returning to the Consultant. The Project schedule assumes timely decision making by the CITY. 9. Design standards to be used include the following versions of which are in place at time of contract execution: Washington State Department of Transportation (WSDOT) LAG Manual Americans with Disabilities Act (ADA) Washington State Department of Transportation (WSDOT) Design Manual WSDOT Plans Prep Manual 2005 Washington State Department of Ecology Stormwater Manual City of Port Angeles Urban Standards and Guidelines 10. No environmental, survey, geotechnical or other support services will be required. 11. The Consultant shall use Civil 3D (2012 Version) and /or AutoCAD software (2012 Version) for plan preparation. 12. The City has adequate Right of Way for the project and no new Right of Way or easements will be required. 13. The City will provide the space for a roundabout mock up demonstration. 14. The City will provide copies of all available background information. 15. The 10% plans will include an assumed six (6) plan sheets maximum. 16. The project will be developed using English units of measure. SCOPE OF WORK PHASES 1 AND 2 Task 1. Project Management This task describes the services necessary to plan, perform, and control the various elements of the Project so that the needs and expectations of the City and other Project stakeholders will be met or exceeded. Throughout the Project, the Consultant shall provide clear and concise documentation of work progress, including coordinating work products by the design team that are critical to the overall effort. The Consultant shall provide overall project management and documentation of work progress, including coordinating the work products of the design team that are critical to the overall design effort. Any changes that arise will be proactively communicated and documented with the City's agreement. The Consultant shall prepare monthly progress reports including a summary of work completed, and financial status of project budget. Scope of Services Task 2 Page 2 Deliverable(s): 1. Monthly Progress Reports 2. Monthly invoices Task 2. Existing Conditions Data Collection, Evaluation, and Documentation The Consultant shall collect relevant information about existing transportation system operations, including roadway facilities and intersections, transit services, and bicycle and pedestrian infrastructure within the study area. This task includes collecting traffic counts at up to six study intersections and collection of traffic safety information (accident data to be provided by the City) for the study intersections and roadway segments, which was performed as part of Task 1. To the extent possible, data from the on -going Comprehensive Transportation plan project will be utilized. It is envisioned that this data collection effort will include coordination with City staff, as well as review of recent transportation studies and aerial photography. The Consultant shall document the existing transportation conditions, including written representation of facilities that are on the ground today. This analysis will also include a table describing roadway operations and intersection level of service at up to 6 study facilities. Intersection operations will be done using the Synchro /SimTraffic 8.0 software package. The written document for this task will describe existing transportation conditions in the study area, including conditions for vehicles, transit, bicycles, and pedestrians, as well as traffic safety. It is assumed that this report will include up to two figures. Deliverable(s): 1. Existing Conditions Memo Task 3. Traffic Analysis 3.1 Travel Demand Modeling The Consultant shall use the model developed as a part of Task 1 (Lauridsen Bridge Replacement) to develop four sets of forecasts for the study intersections: Year of opening forecast 2015 forecast assuming intersection modifications are made, but the full cross -town truck route is not yet established 2015 No Action assumes no intersection modifications are made by 2015 Design year 2035 forecasts assuming intersection modifications are made and the cross -town truck route is fully implemented 2035 No Action assumes that intersection modifications are not made implementation of a cross -town truck route The deliverable for this task will be a set of forecasts that will be shared with the project team and the City to determine the reasonability of each forecast. This task will be done at no cost, since it will be rolled into Task 1. Scope of Services Task 2 Page 3 Deliverable(s): 1. Traffic forecasts 3.2 Future Conditions Analysis and Documentation We will use the forecasts and the transportation analysis files developed previously in the project to perform an assessment of future transportation conditions in the study area under each future year scenario (2015 opening year, 2035 horizon year) under up to intersection modification alternatives. The written product for this task will be developed to be very user friendly to aid in its review by the state, as well as for incorporation into a TIB application. Deliverable(s): 1. Future Conditions Memo Task 4. Preliminary Engineering Up to three (3) schematic alternatives will be identified and evaluated qualitatively and quantitatively. Preliminary intersection layouts will be done per the traffic analysis recommendations to improve mobility and increase safety. Preliminary plans (10% level of completion) will be developed for each altemative to define the project footprint. The plans will be prepared with layout over GIS mapping; no survey will be performed at this time. The intersection analysis will be done to include; Access Safety Level of Service Right -of -way Environmental Community acceptance Cost The Consultant will work with the City to prepare a planning level opinion of probable construction cost for one of the three alternatives, as determined by the City, to be used in the TIB application. The Consultant shall plan and implement one roundabout mock up for the roundabout preliminary 10% design. The mock up shall include the layout for proposed roundabout using cones and other delineating devices. It is assumed that the City will provide adequate space for the roundabout mock up and invite attendees to participate. The roundabout mock up is intended for the different user groups to try out a roundabout, including the trucking association, emergency response vehicles, local school districts, and the general public. The input received from the mockup results will be incorporated during final design. Deliverable(s): Scope of Services Task 2 Page 4 1. Preliminary Plans (10% level of completion) for up to three (3) alternatives Task 5. WSDOT Coordination The Consultant shall prepare for and attend up to two (2) meetings with WSDOT Olympic Region and City staff to discuss issues and opportunities at the study intersections, discuss possible improvement alternatives, and discuss preliminary traffic findings. Deliverable(s): 1. Meeting minutes and action items Task 6. TIB Application Assistance The Consultant shall assist the City in its TIB application. Our assistance could be in any area that the City finds to be of most value from compiling technical information to helping write the grant application. Up to 20 hours have been assumed for this task. Scope of Services Task 2 Page 5 DOT Form 140 -089 EF Exhibit C Revised 6/05 Exhibit C Electronic Exchange of 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 B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub consultant costs. a. b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. 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 the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Costs." 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. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund 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 Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT Form 140 -089 EF Exhibit D -3 Revised 3/09 4. 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 Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. 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 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) 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) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) 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 contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. REACH 9 2HOURSI 51 m S g 3 s a 5 j r o A 16 1 a 13 C a l+ 0 10 e1 CO a g 1 100 a A S N mi IAA 32 (i...) a A g 1 160 Na o a A a .�S 186 r S ga I600 N 18 "r3 c0„ I60 i. a g 4v g .sue rc a A$ a b a P!J' ccJ N mi 18 (i...) 67 146 r�# 186 S ga 18 "r3 c0„ I60 a .sue a r.w 132 125 EAU a i$1 g 100 100 N �ap�NN 1 80 1 206 a spa a V ea t t N w' a 4 0 0 Nj N 8 °o tV� a N N o, o m N A 0 CO 0 00 0 0 0 N a 'ca e.r f „mac Ltu 1 r e g 0 of z N br 1 N N 0 of o O1 S N 0! br e OA /OC Principal Engineer Sr Project Manager (Civil) Sr Project Manager (Structural) Sr Project Engineer (Structural) Project Engineer (Structural: Sr. Project Engineer (Civil) Project Engineer (Civil) Environmental Lead Environmental Planner CADD Tech Resident Engineer Field Inspector Office Engineer OA /OC Office Engineer Documentation Administrator Administration Total Exeltech Labor Hours Principal Geotechnical Project Manager Sr Geotechnical Engineer m Protect Eng /Geol. 0 AdmIn Total PanGEO Labor Hours Principal Engineer Sr Design Engineer o m Design Engineer n p Total Zenovic Labor Hours A A 4 g. Sr Associate O. r 0. A �cr Associate A 0 m a Sr Planner 1:1 .b. D .4 2 a Project Engineer 0 4. P I Sr. Engineer Tech 0 Technician m Admin. Assistant Total Fehr Peers Labor Hours Stormwater Engineer Total MP Stormwater Labor Hours Principal 0 2 -Person Survey Crew 1 Senior Tech a Tech Admin to Total Johnston Labor Hours Engineer Project Manager Engineer Project Engineer fit Engineer Senior Engineer a Admin Total Berger ABAM Labor Hours Architect Engineer Production Manager Clerical Total Lindberg-Smith Labor Hours a Engineer Tech Engineer Total NTI Labor Hours Field Crew Office Tech Land Surveyor Total Wengler Labor Hours Archaeologist m Total NTI Labor Hours a Total All Consultants S <32 A A A m A N OD 72 CO 10 N g 19 10 70 CO CO g t;189� 70 a a OD a t s <262 A W CO Ce W q g p p 14 t o. CO N r g co O Q O A 11 j 113 WW Ci A [0 CO OD N e/ CC CO A is g L 32 10 g 70 N r12 s; B 100 II I s tg 10 S PO+ C w A 11 N Lei W m of N m F., b is 47 g L. O v a A i+ m r: e a r p3 W o0 o N N o M g s 4 r f 4 a a .i a a Q g Sill 3 0 1i 1 o Z ZA •i a: m 8 S n a 7 n ei Y m 1 7 'O a 1 I 1 O D q m O O m co rP1 rr p� DID Fm. N e1 O O m Ci a e1 g W O CVi N a W O AIOC Principal Engineer Sr Project Manager (Civil) Sr. Protect Manager (Structural) Sr. Project Engineer (Structural) Project Engineer (Structural; Sr. Project Engineer (Civil) Project Engineer (Cavil) Environmental Lead Environmental Planner CADD Tech Resident Engineer Field Inspector Office Engineer 1]A /OC Office Engineer Documentation dminfstrator dmlalstratlon otal Exeltech Labor Hours A principal ;Iry, A Geotechnlcaf Protect N Manager Wiry X11 Sr Geotechnical Engineer m b,"' of Project Eng.IGeof. p dmin s ..i e00i m otalPanGEGLaborHours m Principal Engineer in No Sr Design Engineer o Design Engineer N otal Zenovic Labor Hours Sr. Associate A N m ssociate N N O m Sr Planner g T A Project Engineer y 4e Sr. Engineer Tech Q, echnicfan m v, dmin Assistant g otal Fehr 8 Peers Labor Hours E; ®Stormwater Engineer otal MP Stormwater Labor 0' a Hours Principal c Person Survey Crew I Senior Tech g dmin m i otal Johnston Labor Hours m Engineer Project Manager Engineer Project Engineer �m o+° Engineer Senior Engineer N dmin g otall Berger ABAM Labor 1 0101110101 111 1 rchitect E F l Task Exeltech PHASE 1r e z ,'-`ti s. -,z a= 1. PROJECT MANAGEMENT 1.1 Protect Meetlnas 1.2 Monthly Proaress Reports and Invoices 2. BRIDGE AND ROADWAY PREUMINARY DESIGN 2.1 Develop Design Criteria and Deskin Memo 2.2 Pre0minary Bndoe Design 2.3 Preliminary and Final Horizontal and Vertical Alien 2.4 Develop Intersection layout 2.6 Constructability Workshop 2.6 Independent Check 2.7 Preliminary Opinion of Probable Cost 3. DRAINAGE DESIGN 4. TRAFFIC ENGINEERING 4.1 Existlna Conditions Data Collection. Evaluation. an! 4.2 Travel Demand Modeling 4.3 Detour Analysis 4.4 Transportation Su000rt of Environmental Documed 5. SITE SURVEY MAPPING 6. GEOTECHNICAL 6.1 Site Visit 6.2 Site Exploration 6.3 Draft Geotechnical Report 7. HYDRAUUC ENGINEERING 7.1 Brides Hydraulic Anahrsis 7.2 Brkiae Hydraulic Memos and Report B. ENVIRONMENTAL 8.1 Coordination. Accumulation. and Review of Inform 8.2 Field Reconnaissance 8.3 National Environmental Policy Act INEPA1 Environil 8.4 Cultural Resource Assessment 8.5 State Environmental Policy Act ISEPAI 8.6 City Permits and Approvals TOTAL PHASE 1 COSTS 683.539.84 620.530.92 57.217.13 523,942.40 517,823.70 514,230.76 57.640.08 64.663.84 59.787.96 51.294.92 12.353.96 51.747.38 63.972.47 62.292.55 64.585.10 5737.92 61.863.46 16.373.48 12.135.00 63.030.44 62.951.68 8221.714.99 PanGEO Zenovic I Fehr Peers 6886.83 63.914.88 49463.80 i 614,365.51 61.266.80 67.449.54 68.716.14 Exhibit E -1 Task 1 City of Port Angeles Lauridsen Bridge Replacement Project Summary of Cost Per Consultant 66.058.801 68.615.84 613.988.92 62.412.76 63.316.32 634.392.64 MP Stormwater I Johnston 65,500.00 63.500.00 69.000.00 529.130.60 629,130.60 65,141.40 619.766.20 624.897.60 Lindberg- Smith Wenaler 1 Caldera Total 690.882.24 620.530.92 *7.217.13 123.942.40 617.623.70 614.230.78 612.781.46 624.420.04 19.787.98 17.449.54 16.115.24 115.283.34 14.718.72 *6.013.70 133.103.07 1668.63 63 *11.866.36 16.600.00 11.082.10 5737.12 11.863.48 16.373.48 *2.136.00 13.030.44 12.951.68 8342.217.48 Task PHASE 2 9. BRIDGE AND ROADWAY FINAL DESIGN 9.1 Roadwav Final Design 9.2 Bridae Final Design 9.3 Opinion of Probable Construction Cost 9.4 Independent Check 9.5 Constructabillty Review 10. TRAFFIC ENGINEERING 10.1 Traffic Signal Desfan 11. GEOTECHNICAL 11.1 Final Geotechnical Reaort 12. HYDRAUUC ENGINEERING 12.2 Final Bridae Hydraulics Report 13. PUBUC OUTREACH SUPPORT TOTAL PHASE 2 COSTS PHASE 3 14. BID SUPPORT SERVICES 15. ENGINEER OF RECORD 16.1 Construction Support TOTAL PHASE 3 COSTS PHASE 4 16. CONSTRUCTION MANAGEMENT 16.1 Pre-Construction Activities 16.2 Contract Administration for Construction TOTAL PHASE 4 COSTS TOTAL LABOR COSTSI Direct Costs/ Escalation MP Exeltech 1 PanGEO I Zenovic 1 Fehr Peers 1 Stormwater I Johnston 1 Berner ABAM 1 Smith Lindberg- 1 NTI I Wenaler 1 Caldera Total 964.590.05 $152.270.00 919.783.77 94.473.04 99.843.52 91.691.00 1831.50 91.663.00 98.494.60 9263.840.48 *16.203.10 1 1 889,052.45 885,255.55 1 914.592.241 *270.109.36 1 *284.701.60 1 PHASE 6 I 17. BRIDGE INSPECTION INVENTORY ASSESSMENT 1 912.192.101 18. BRIDGE LOAD RATING 811.871.441 TOTAL PHASE 5 COSTS 1 *24.063.54 1 *879.378.161 *14,350.001 *4,398.88 $1,973.44 91.973.44 94.292.28 1 94.292.28 925.904.46 Exhibit E -1 Task 1 City of Port Angeles Lauridsen Bridge Replacement Project Summary of Cost Per Consultant 918.901.74 925.904.46 1 918,901.74 $2,500.00 92.500.00 920.360.40 97.866.00 r 1 928.226.40 1 1 93.185.00 93.185.00 930.870.00 1 94, 220.001 130.870.001 94,220.001 1 I $8,600.001 *90.494.51 1152.270.00 219.783.77 *24.933.44 f17.709.82 820.692.74 (2.904.94 14.163.00 *11.679.60 *344.331.52 116.203.10 973.344.73 1 ,n 1 189.647.$3 *14.692.24 II *305.199.36 1 1319.791.60 r1 112.192.10 *11.$71.44 *24.063.54 *20.631.23 1 934.620.601 *53,294.381' 5 11 ,500.00 1`" $29;130.60,1 *63,124.001 u 1 *3,185.00 1 930: 870.001M' S 4i220.001- mam $1.119.951.97 912,434.501 $453.001 $5,070.20 1 8955.001 $200.001 $312.001 $50.00 1 1 *42,424.70 $4 399.9$ $0.00 Lauridsen Bridge Replacement Project Start Date City of Port Angeles End Date Labor Escalation for 13 Escalated Total DSC Exhibit E -1 Task 1 Consultant Fee Determination Summary Sheet Consultant Fee Determination Consultant: Exeltech Code Classification Man Hours LABOR Hours Rate Exeltech Project Dollars QA/QC Principal Engineer 36 x $187.43 $6,747.48 Sr. Project Manager (Civil) 744 x $139.07 $103,468.08 Sr. Project Manager (Structural) 417 x $166.30 $69,347.10 Sr. Project Engineer (Structural) 1,138 x $125.91 $143,285.58 Project Engineer (Structural) 360 x $79.19 $28,508.40 Sr. Project Engineer (Civil) 616 x $141.84 $87,373.44 Project Engineer (Civil) 430 x $82.87 $35,634.10 Environmental Lead 196 x $135.77 $26,610.92 Environmental Planner 162 x $77.73 $12,592.26 CADD Tech 1,040 x $73.76 $76,710.40 Resident Engineer 407 x $146.35 $59,564.45 Field Inspector 1,200 x $106.64 $127,968.00 Office Engineer 540 x $97.93 $52,882.20 QA/QC Office Engineer 40 x $97.93 $3,917.20 Documentation Administrator 475 x $74.61 $35,439.75 Administration 140 x $66.62 $9,326.80 Total Hours Total DSC 7,941 $879,376.16 Increase of Work 2.0 25 $4,396.88 $883,773.04 Reimbursables Itemized Quantity Units Rate In Scope Meals and Lodging 20 each $150.00 $3,000.00 Mileage 10,000 each $0.56 $5,550.00 Reproduction and Printing copies $0.15 $0.00 Postage and Supplies 40 Est $20.00 $800.00 Misc. 1 Est $5,000.00 $5,000.00 Reimbursables Total $14,350.00 Exeltech Subtotal $898,123.04 Subconsultant Costs (See Exhibit G) 268,650.51 Grand Total 1,166,773.55 Task 1. PROJECT MANAGEMENT 4. PRELIMINARY ENGINEERING 6. TIB APPLICATION ASSISTANCE Exhibit E-1 Task 2 City of Port Angeles Lauridsen/Lincoln and Lauridsen/Laurel Intersection Improvement Project 231EPTA7 1 4 2. EXISTING CONDITIONS DATA COLLEC11 3. TRAFFIC ANALYSIS 3.1 Travel Demand Modelina 3.2 Future Conditions Analysis and Docul 5. WSDOT COORDINATION SI 'r fotA f IZ&V T Iie F r2e 80 4 2 25 21 2 Exeltech Labor Hours 10 10 8 6 160 16 14 411 4 100 Hours Sheet 8 2 1 zokr:Ft.(r 60 4 1 rt:::2 16 8 349 45 20 12 16 Fehr Peers 10 16 40 12 8 1 4 20 36 94 40 144 52 102 349 85 20 Exhibit E -1 Task 2 City of Port Angeles Lauridsen /Lincoln and Lauridsen /Laurel Intersection Improvement Project Task Summary of Cost Per Consultant 1. PROJECT MANAGEMENT 2. EXISTING CONDITIONS DATA COLLECTION. EVALUA 3. TRAFFIC ANALYSIS 3.1 Travel Demand Modeling 3.2 Future Conditions Analysis and Documentation 4. PRELIMINARY ENGINEERING 5. WSDOT COORDINATION 6. TIB APPLICATION ASSISTANCE TOTAL LABOR COSTS Exeltech Fehr Peers $15.141.22 $2,006.80 $1,121.34 $39.052.23 $6,193.75 $2,555.04 $66,070.38 Direct Costs $2,130.00 $3.029.40 $4,810.24 $13,021.92 $6,547.76 $27,409.32 $4,906.00 Total $18,170.62 $6.817.04 $14.143.26 $39,052.23 $12,741.51 $2,555.04 $93,479.70 $7,036.00 Escalation Lauridsen /Lincoln Lauridsen /Laurel Intersection Improvements Start Date City of Port Angeles Consultant Fee Determination Consultant: Exeltech Code Classification LABOR Labor Escalation for 13 Escalated Total DSC Reimbursables Itemized Meals and Lodging Mileage Reproduction and Printing Postage and Supplies Misc. Reimbursables Total Exeltech Subtotal QA/QC Principal Engineer Sr. Project Manager (Civil) Sr. Project Engineer (Civil) Project Engineer (Civil) Environmental Lead CADD Tech Administration Total Hours Total DSC Subconsultant Costs (See Exhibit G) Grand Total Exhibit E -1 Task 2 Consultant Fee Determination Summary Sheet End Date Man Hours Hours Rate 4 x $187.43 134 x $135.15 214 x $141.84 116 x $82.87 8 x $135.77 60 x $73.76 26 x $66.62 562 Increase of Work 0.0 40 Quantity Units Rate 6 each $150.00 2,000 each $0.56 copies $0.15 6 Est $20.00 0 each $2,000.00 Exeltech Project Dollars 749.72 18,110.10 30, 353.76 9,612.92 1,086.16 4,425.60 1,732.12 66,070.38 0.00 66,070.38 In Scope 900.00 1,110.00 0.00 120.00 0.00 2,130.00 68,200.38 32,315.32 100, 515.70 ii Washington State Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation August 6, 2010 Michelle Rhodes, Finance Manager Exeltech Consulting, Inc. 8729 Commerce Place Dr, Suite A Lacey WA 98516 -1363 Re: Exeltech Consulting, Inc. Overhead Schedule Fiscal Year End December 31, 2009 Dear Ms. Rhodes: On August 6, 2010, as a WSDOT representative, Laura Trainer, Audit Specialist, completed a desk review of your proposed FYE December 31, 2009, Overhead Schedule. Laura also reviewed the documentation provided by Exeltech Consulting, Inc. during this review process. The reviewed data included, but was not limited to, the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Exeltech Consulting, Inc. accounting system, and the basis of indirect costs. Based on our desk review, we are issuing this letter of concurrence establishing Exeltech Consulting, Inc. overhead rate for FYE December 31, 2009, at 136.47% (rate includes Facilities Cost of Capital) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and /or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you or any representative of Exeltech Consulting, Inc. have any questions, please contact Martha Roach, Jeri Sivertson or Steve McKerney at (360) 705 -7003. Sincerely, 714.442744,... rer Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures Exhibit F Breakdown of Overhead Cost cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Kyle McKeon, MS 47329 Rick Griffith, MS 47323 File Transportation Building 310 Maple Park Avenue S E. P 0 Box 47300 O'ymoia, WA 98504 -7300 360- 705 -7000 TTY 1- 800- 833 -6388 vvvvw wsdot wa.gov Exhibit F Breakdown of Overhead Cost Exeltech Consulting Inc Overhead Schedule For the Year Ended December 31, 2009 General Exeltech, INC. Description Ledger Adj. WSDOT Adj. Ref. Accepted Amount "/u Total Direct Labor Base $1,640,999 $37,319 P,J $1,678,318 Fringe Benefits Payroll Taxes $257,691 ($1,245) Q $256,446 15.28% Vacation/Holiday /Sick Leave 209,069 209,069 12.46% Incentive Compensation 0 0 0.00% Bonus 34,816 (34,816) R (0) 0.00% Health Dental Insurance Employees 107,536 107,536 6.41% Insurance Keyman 674 (674) H 0 0 00% Retirement 59,035 59,035 3.52% Total Fringe Benefits $668,821 ($674) ($36,061) $632,086 37.66% General Overhead Auto expenses& parking $12,903 ($1,065) S $11,838 0.71% Advertising 6,447 (6,447) D (0) 0.00% Bad Debi 0 0 F 0 0.00% Bank Service Charges 2,116 2,116 0.13% Charitable Donations 4,400 (4,400) A 0 0.00% Computer and IT Maintenance 38,488 38,488 2.29% Depreciation 84,459 84,459 5.03% Dues, Subscriptions Books 32,206 32,206 1.92% Education 5,908 5,908 0.35% Equipment Lease 16,448 16,448 0.98% Insurance 90,162 90,162 5.37% InterestfFinancing Cost 15,637 (15,637) B 0 0.00% Licenses Permits 16,033 16,033 0.96% Business Meals 10,999 (10,999) C (0) 0 00% Miscellaneous 0 0 0.00% Office Supplies 17,156 17,156 L02% Office Move 12,469 12,469 0.74% Penalties 0 0.00% Personnel Recruitment 7,343 7,343 0.44% Postage Delivery 9,377 9,377 0.56% Pnnting Reproduction 32,828 32,828 1.96% Professional Fees 15,284 (1,737) G 13,547 0 81% Rent 300,709 (20,655) L 280,054 16.69% Repairs maintenance 13,764 13,764 0.82% Software Expenses 6,299 6,299 0.38% Staff Meetings Kitchen Supplies 4,493 4,493 0.27% Staff Entertainment 12,129 (11,119) K 1,010 0.06% Supplies Operating 0 0 0.00% Taxes City State Business (Excise&UseTax 78,989 78,989 4.71% Taxes Personal Property' 1,594 1,594 0.09% Telephone 57,213 57,213 3.41% Temporary Help 1,969 1,969 0.12% Travel/ Mileage,Lodging, Transportation 26,830 (1,390) M 25,440 1.52% Uniforms 2,018 (2,018) D 0 0.00% Property State Taxes 700 (700) 0 0.00% Page 1 Exhibit F Breakdown of Overhead Cost Exeltech Consulting Inc Overhead Schedule For the Year Ended December 31, 2009 General Exeltech, INC. Description Ledger Adj. WSDOT Adj. Ref. Accepted Amount Political Contributions 3,720 (3,720) A 0 0.00% Gifts/Flowers 4,395 (4,395) E 0 0.00% Wages, Employees Indirect 820,505 (41,802) (3,226) J,N,Q 775,477 46.21% Unallowable FAR 450 (450) 0 (0) 0.00% Total General Overhead $1,766,438 ($125,469) ($4,291) $1,636,678 97.52% Total Overhead Expenses (Less FCCM) $2,435,258 ($126,143) ($40,352) $2,268,763 135.18% Facilites Capital Cost of Money $21,625 $21,625 1.29% Overhead Rate (Inclues FCCM) 148.40% 137.59% 136.47% Exeltech Inc Reviewed Accepted 08/06/10 LT "Overhead Rate still subject to WSDOT Audit" References Exeltech, Inc. Adjustments: A Contnbutions unallowable per 48 CFR 31.205 -8. B Interest unallowable per 48 CFR 31.205 -20. C Local meals Business meals unallowable per 48 CFR 31.205 -46, 31.205 -14, WSDOT Accounting Manual M13 -82 Chapter 10 Travel and WSDOT Overhead Policy. D Advertising cost unallowable per 48 CFR 31.205 -1(f). E Gifts to clients unallowable per 48 CFR 31.205 -14. F Bad Debt unallowable per 48 CFR 31.205 -3 G Federal tax return preparation fees over $250 unallowable per 48 CFR 31.205- 41(b)(1), 48 CFR 31,201 -6(d), and WSDOT Overhead Policy. H Key man life insurance unallowable per 48 CFR 31.205- 19(ex2Xv) I Marketing Cost unallowable per 48 CFR 31.205 -1(f) J Overtime premium (Direct $3,947, Indirect $536) unallowable per 48 CFR 22.103 -2. K Xmas part expenses in excess of 25 per employee picnic costs in excess of 10 per employee per 48 CFR 31.205 -14 and WSDOT OH Policy. L Common Control adjustment 48 CFR 31.205- 36(b)(3) Based on OH Review WSDOT Verified Adjusted Common Control Adjustment M Travel Lodging rates over per diem rates not allowed per 48 CFR 31.205 -46, and WSDOT Accounting Manual MI3 -82 Chapter 10 Travel. N Wages for promotional marketing ($3,226) unallowable per 48 CFR 31.205 -1(f), 31.201 -6. O Alcohol unallowable per 48 CFR 31.205 -51. P Nonbillable labor ($41,266) moved from indirect salaries to direct labor base per 48 CFR 31.202(a) and AASHTO Audit Guide. WSDOT Adjustments: Q Marketing labor and associated fringe unallowable per 48 CFR 31 205 -1(0 and 31.201 -6. Exeltech provided marketing labor estimate of $3,226, and WSDOT calculated estimated associated marketing fringe in the amount of $I,245. R Bonus unallowable per 48 CFR 31.205 -6(f) and the AASHTO Audit Guide. Exeltech does not have an acceptable written bonus policy. Incentive Compensation policy does not provide performance measurments, as required in the 200S AASHTO Guide Chapter S -2. S Personal use of company vehicle unallowable per 48 CFR 31.205- 6(m)(2), AASHTO Audit Guide and WSDOT Accounting Page 2 Exhibit G Task 1 Subcontracted Work The agency permits subcontracted work for the following portions of the work of this agreement Activity Subconsultant Fee Geotechnical PanGEO $33,065.73 Drainage Zenovic $35,073.60 Traffic Fehr Peers $58,364.58 Hydraulics MP Stormwater $12,455.00 Surveying Johnston Land Surveying $29,330.60 Independent QA/QC Berger ABAM $53,436.00 Graphics Lindberg -Smith $3,185.00 Materials Testing NTI $39,470.00 QA Surveying Wengler $4,270.00 Cultural Resources Caldera $0.00 Total Subcontracted Work $268,650.51 Exhibit G Task 2 Subcontracted Work The agency permits subcontracted work for the following portions of the work of this agreement Activity Subconsultant Fee Traffic Fehr Peers $32,315.32 Total Subcontracted Work $32,315.32 2/10/2012 Lauridsen Bridge Replacement Project City of Port Angeles Task Description: Geotechnical Consultant Fee Determination Consultant: PanGEO Classification Exhibit G -1 Task 1 Subconsultant Fee Determination Summary Sheet Principal Geotechnical Project Manage Sr Geotechnical Engineer Project Eng /Geol. Admin Total Hours Hours Increase Labor Escalation for '13 0 Escalated Total DSC Reimbursables Itemized Mileage Meals and Lodging Reproduction and Field Consumables Field Equipment Rental Lab Testing Dnlling Subcontractor Reimbursables Total Grand Total Prepared By: Date: Start Date End Date Labor Rate 4 x $177.60 25 x $151.71 38 x $123.34 120 x $91 89 6 x $69 06 193 Total Direct Labor Cost of Work 0 Exeltech Project Dollars $710.40 $3,792.75 $4,686.92 $11,026.80 $414 36 $20,631.23 20,631.23 Quantity Units Rate In Scope 300 each $0.56 $166 50 2 each $154.00 $308 00 1 each $50.00 $50.00 1 each $750.00 $750 00 1 Est $2,144.00 $2,144.00 1 Est $9,016.00 89.016.00 $12,434.50 0.00 $33,065.73 2/16/2012 Lauridsen Bridge Replacement Project City of Port Angeles Task Description: Drainage Consultant Fee Determination Consultant: Zenovic Classification Labor Escalation for 13 Escalated Total DSC Exhibit G -1 Task 1 Subconsultant Fee Determination Summary Sheet Pnncipal Engineer Sr. Design Engineer Design Engineer Start Date End Date Exeltech Project Hours Labor Rate Dollars 93 x $107.16 $9,965.88 232 x $63.33 $14,692.56 206 x $48.36 $9,962.16 Total Hours 531 Total Direct Labor Cost $34,620.60 Increase of Work 0 0 0 00 34,620.60 Reimbursables Quantity Itemized Units Rate In Scope Meals and Lodging each $150.00 $0 00 Mileage 600 each $0.56 $333.00 Reproduction and Prin 1,200 each $0.10 $120.00 Postage and Supplies each $20.00 $0 00 $453.00 Grand Total $35.073.60 Prepared By: Date: Lauridsen Bridge Replacement Project City of Port Angeles Task Description: Traffic Consultant Fee Determination Consultant: Fehr Peers Classification Grand Total Prepared By: Exhibit G -1 Task 1 Subconsultant Fee Determination Summary Sheet Sr. Associate Associate Sr. Planner Project Engineer Sr. Engineer Tech Technician Admin. Assistant Total Hours Labor Escalation for 13 Escalated Total DSC Reimbursables Quantity Itemized Meals and Lodging 3 Mileage 320 Traffic Counts 5 Communications 6 Site Visit by Engineer 1 Hours Labor Rate 18 x $218.59 12 x $186.02 82 x $170.06 175 x $132.88 48 x $131.10 16 x $103.01 17 x $116.92 368 Total Direct Labor Cost Increase 0 Start Date End Date Date: %ofWork 0 Units Rate each $200.00 each $0.56 est $200.00 est $382.10 each $1,000.00 Exeltech Project Dollars $3,934.62 $2,232.24 $13,944.92 $23,254.00 $6,292.80 $1,648.16 $1,987.64 $53,294.38 0.00 53,294.38 In Scope $600.00 $177.60 $1,000.00 $2,292.60 $1,000.00 $5,070.20 $58,364.58 Lauridsen Bridge Replacement Project City of Port Angeles Task Description: Hydraulics Consultant Fee Determination Consultant: MP Stormwater Classification Stormwater Engineer Labor Escalation for 13 Escalated Total DSC Exhibit G -1 Task 1 Subconsultant Fee Determination Summary Sheet Hours Start Date End Date Exeltech Project Labor Rate Dollars 115 x $100.00 $11,500.00 Total Hours 115 Total Direct Labor Cost $11,500.00 Increase of Work 0 0 0.00 11,500.00 Reimbursables Quantity Itemized Units Rate In Scope Meals and Lodging each $150.00 $0.00 Mileage 1,000 each $0.56 $555.00 Reproduction and Printing 4 each $100.00 $400.00 Postage and Supplies each $20.00 $0.00 $955.00 Grand Total $12,455.00 Prepared By: Date: Lauridsen Bridge Replacement Project City of Port Angeles Task Description: Surveying Consultant Fee Determination Consultant: Johnston Classification Reimbursables Itemized Meals and Lodging Mileage Reproduction and Printing Postage and Supplies Grand Total Prepared By: Exhibit G -1 Task 1 Subconsultant Fee Determination Summary Sheet Principal 2- Person Survey Crew Senior Tech Tech Admin Total Hours Labor Escalation for 13 Escalated Total DSC Quantity Hours 50 x $225 60 80 x $141.00 50 x $70.50 24 x $56.40 20 x $84.60 224 Total Direct Labor Cost Increase 0 Start Date End Date Labor Rate Date. of Work 0 Exeltech Project Dollars $11,280 00 $11,280.00 $3,525 00 $1,353.60 $1,692.00 $29,130.60 0 00 29,130.60 Units Rate In Scope each $150.00 $0.00 each $0.51 $0 00 4 each $50 00 $200.00 each $20 00 $0 00 $200.00 $29,330.60 Lauridsen Bridge Replacement Project City of Port Angeles Task Description: Independent QC Consultant Fee Determination Consultant: Berger ABAM Classification Labor Escalation for '13 Escalated Total DSC Reimbursables Itemized Meals and Lodging Mileage Reproduction and Pnn Postage and Supplies Grand Total Prepared By: Exhibit 0-1 Task 1 Subconsultant Fee Determination Summary Sheet Engineer Project Manager Engineer Project Engineer Engineer Senior Engineer Admen Total Hours Quantity Hours Increase 0 Start Date End Date Labor Rate 12 x $151.05 260 x $105.45 260 x $91.20 4 x $45.60 536 Total Direct Labor Cost Date* of Work 0 Exeltech Project Dollars $1,812.60 $27,417.00 $23,712 00 $182.40 $53,124.00 0.00 53,124.00 Units Rate In Scope each $150.00 $0.00 400 each $0.56 $222.00 100 each $0.50 $50.00 2 each $20.00 $40 00 $312.00 $53,436.00 Lauridsen Bridge Replacement Project City of Port Angeles Task Description: Graphics Support Consultant Fee Determination Consultant: Lindberg -Smith Architects Classification Labor Escalation for '13 Escalated Total DSC Exhibit G -1 Task 1 Subconsultant Fee Determination Summary Sheet Hours Prepared By: Date: Start Date End Date Exeltech Project Labor Rate Dollars Architect 5 x $110 00 $550.00 Engineer 15 x $11000 $1,650.00 Production Manager 7 x $95.00 $665.00 Clerical 8 x $40 00 $320 00 Total Hours 35 Total Direct Labor Cost $3,185.00 Increase of Work 0 0 0 00 3,185.00 Reimbursables Quantity Itemized Units Rate In Scope Meals and Lodging each $150.00 $0 00 Mileage each $0.51 $0 00 Reproduction and Printing each $0.50 $0.00 Postage and Supplies each $20 00 $0.00 $0.00 Grand Total $3,185.00 Lauridsen Bridge Replacement Project City of Port Angeles Task Description: Materials Testing Consultant Fee Determination Consultant: NTI Classification Exhibit G -1 Task 1 Subconsultant Fee Determination Summary Sheet Hours Start Date End Date Labor Rate Exeltech Project Dollars Engineer Tech 336 x $80.00 $26,880 00 Engineer 42 x $95.00 $3,990 00 Total Hours 378 Total Direct Labor Cost $30,870.00 Labor Escalation for '13 Escalated Total DSC Grand Total $39,470.00 Increase of Work 0 0 0.00 30,870.00 Reimbursables Quantity Itemized Units Rate In Scope Cylinder Breaks 120 each $30.00 $3,600 00 Proctor Test 8 each $300.00 $2,400.00 Wet Sieve 8 each $150.00 $1,200.00 Sand Equivalency 8 each $100.00 $800.00 Rice Density 2 each $300.00 $600.00 Prepared By: Date' $8,600.00 Lauridsen Bridge Replacement Project Start Date City of Port Angeles Task Description: QA Surveying End Date Consultant Fee Determination Exeltech Project Consultant: Wengler Classification Hours Labor Rate Dollars Field Crew 16 x $125 00 $2,000.00 Office Tech 20 x $75.00 $1,500 00 Land Surveyor 8 x $90.00 $720.00 Exhibit G -1 Task 1 Subconsultant Fee Determination Summary Sheet Total Hours 44 Total Direct Labor Cost $4,220.00 Labor Escalation for 13 Escalated Total DSC Increase of Work 0 0 Reimbursables Quantity Itemized Units Rate in Scope Meals and Lodging each $150.00 $0 00 Mileage each $0.51 $0.00 Reproduction and Pnn 100 each $0.50 $50.00 Postage and Supplies each $20 00 $0.00 Grand Total $4,270.00 Prepared By: Date: 0.00 4,220.00 $50.00 Lauridsen Bridge Replacement Project City of Port Angeles Task Description: Cultural Resources Consultant Fee Determination Consultant: Caldera Classification Exhibit G -1 Task 1 Subconsultant Fee Determination Summary Sheet Archaeologist Total Hours Labor Escalation for 13 Escalated Total DSC Start Date End Date Exeltech Project Hours Labor Rate Dollars 0 x $100 00 $0.00 0 Total Direct Labor Cost $0.00 Increase of Work 0 0 0 00 0.00 Reimbursables Quantity Itemized Units Rate In Scope Meals and Lodging each $150.00 $0 00 Mileage each $0.51 $0.00 Reproduction and Pnnting each $0.50 $0.00 Postage and Supplies each $20.00 $0.00 $0.00 Grand Total $0.00 Prepared By: Date: Reimbursables Quantity Itemized Meals and Lodging 1 Mileage 320 Traffic Counts 5 Communications 4 Site Visit by Engineer 0 Counts Collection 1 Lauridsen /Lincoln Lauridsen /Laurel Intersection lmprovem City of Port Angeles Task Description: Traffic Consultant Fee Determination Consultant: Fehr Peers Classification Labor Escalation for 13 Escalated Total DSC Grand Total Prepared By: Exhibit G -1 Task 2 Subconsultant Fee Determination Sr. Associate Associate Sr. Planner Project Engineer Sr. Engineer Tech Technician Admin. Assistant Total Hours Summary Sheet ent Start Date End Date Hours Labor Rate 0 x $218.59 22 x $186.02 52 x $170.06 78 x $132.88 0 x $131.10 24 x $103.01 14 x $116.92 190 Total Direct Labor Cost Increase of Work 0 0 Exeltech Project Dollars $0.00 $4,092.44 $8,843.12 $10,364.64 $0.00 $2,472.24 $1,636.88 $27,409.32 0.00 27,409.32 Units Rate In Scope each $200.00 $200.00 each $0.56 $177.60 est $200.00 $1,000.00 est $382.10 $1,528.40 each $1,000.00 $0.00 each $2,000.00 $2,000.00 $4,906.00 Date: $32,315.32 Exhibit H 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 the 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 the 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 AGENCY, 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, 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 the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub contract, 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 AGENCY, STATE 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 and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts DOT Form 140 -089 EF Exhibit! Revised 6/05 Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. Exhibit J 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 Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: DOT Forth 140 -089 EF Exhibit J Revised 6/05 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 H &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. Step 5 Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &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, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &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. H &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. Exhibit K 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 Highways and 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 Highways and 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. DOT Form 140 -089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: Copy of information supplied by the consultant regarding the claim; Agency's summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and 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. Exhibit M -1(a) Certification Of Consultant I hereby certify that I am President representative of the firm of Exeltech Consulting, Inc. 8729 Commerce PI Dr NE, Lacey, WA 98516 firm I here represent has: Project No. Local Agency Port Angeles and duly authorized whose address is and that neither I nor the above (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 the 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 available 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. 3 I '1243 1 z.. Date DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 I hereby certify that I am the AGENCY Official of the Local Agency of City of Port Angeles Washington, and that the consulting firm 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 available 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. V? 2 Date DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 Exhibit M -1(b) Certification Of Agency Official Signature Exhibit M -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 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or 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 antitrust 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 (I) (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, or 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. Consultant (Firm): Exeltech Consulting, Inc. 31 2. DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 (Date) (Signature or Authorized fficial of Consultant 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 an 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 any 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 and not more than $100,000 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 subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Exeltech Consulting, Inc. f SI Zo 1 2- (Date) DOT Form 140 -089 EF Exhibit M -3 Revised 6 /05 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying Official of Consultant DOT Form 140 -089 EF Exhibit M -4 Revised 6/05 This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 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 Lauridsen Boulevard Bridge Replacement are accurate, complete, and current as of January 1, 2012 This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm Exeltech Consulting, Inc. Name Santosh J. Kuruvilla Title President Date of Execution Exhibit M -4 Certificate of Current Cost or Pricing Data Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). 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.