Fishing Wars Memorial Bridge B-E Consultant Support Services

PUBLIC WORKS ENGINEERING REQUEST FOR QUALIFICATIONS FISHING WARS MEMORIAL BRIDGE B-E CONSULTANT SUPPORT SERVICES SPECIFICATION NO. PW22-0320F Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 2 of 19 City of Tacoma Public Works Engineering REQUEST FOR QUALIFICATIONS PW22-0320F FISHING WARS MEMORIAL BRIDGE B-E CONSULTANT SUPPORT SERVICES Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, April 9, 2024 The City of Tacoma solicits interest from consulting firms with experience in Civil and Structural Engineering Design. This agreement will be for approximately three (3) years for the initial design and permitting and an additional two (2) years for design continuation to final plans and specifications. Submittals must be received by the City’s Procurement and Payables Division no later than 11:00 a.m. Pacific Time. Late submittals will be returned unopened and rejected as non-responsive. Submittal Delivery: Sealed submittals will be received

either electronically or in-person: By Email: sendbid@cityoftacoma.org Maximum file size: 35 MB. Multiple emails may be sent for each submittal. All emails must be recorded as received by the submittal deadline listed above. In-Person: Tacoma Public Utilities Administration Building N 3628 S 35th Street, Tacoma, WA 98409 Bid Opening: Submittals must be received no later than 11:00 a.m. Pacific Time on Tuesday, April 9, 2024. Late submittals will be returned unopened and rejected as non-responsive. Sealed submittals in response to a RFB will be opened Tuesday’s at 11:15 a.m. by a purchasing representative and read aloud during a public bid opening held at the Tacoma Public Utilities Administrative Building North, 3628 S. 35th Street, Tacoma, WA 98409, conference room M-1, located on the main floor. They will also be held virtually Tuesday’s at 11:15 a.m. Attend via this link or call 1 (253) 215 8782. Submittals in response to an RFP, RFQ or RFI will be recorded as received. As soon as possible, after 1:00 PM, on the day of submittal deadline, preliminary results will be posted to www.TacomaPurchasing.org. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at www.TacomaPurchasing.org. Physical copies of solicitation documents will be available at 3628 S 35th Street, Tacoma, WA 98409. Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates. Pre-Proposal Meeting: A pre-proposal meeting will not be held. mailto:bid@cityoftacoma.org https://us06web.zoom.us/j/88402680573?pwd=eThSaXZxNER0TWRhUGx6U0F2cURMZz09 https://us06web.zoom.us/j/88402680573?pwd=eThSaXZxNER0TWRhUGx6U0F2cURMZz09 https://www.cityoftacoma.org/cms/One.aspx?portalId=169&pageId=22848 http://www.tacomapurchasing.org/ http://www.ci.tacoma.wa.us/45bidsapps/PlanholderRegister.aspx Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 3 of 19 Project Scope: Project will replace the spans of the Fishing Wars Memorial Bridge eastward of the Puyallup river’s western edge. The Disadvantaged Business Enterprise (DBE) goal for this work is 19%. As this is a federally funded project, the selected firm will be held to Federal EEO requirements. Specifics of the work will include structural and civil design, environmental, survey, grant support, design build RFQ and RFP creation, railroad coordination, utility design, quality assurance, inspection and design-build support services. The City is seeking a highly qualified Consultant with relevant experience on federally funded design-build support contracts. Form of Contract: Cost Plus Fixed Fee – Post award negotiation may occur at the discretion of the City. City, based on evaluation criteria, will decide whether to engage in negotiations on any or all proposed exceptions. Evaluation Criteria: Submittals will be evaluated and ranked based on the following criteria: 1. Consultant Team Structure 2. Qualifications/Experience of Respondent a. General Background and experience in similar projects. b. Permit experience for this type of project. Knowledge of permits required and submittal processes and timelines to amend them. c. Inspection experience, quality assurance and knowledge of Bridge Works Entry Requirements. 3. Project Manager and Personnel Qualifications and Experience 4. Proposed Process, Team Availability and Anticipated Schedule 5. Sustainability Anticipated RFQ Schedule: Following the SOQ submittal deadline, a Selection Advisory Committee (SAC) will evaluate the written proposals. After the evaluation, the SAC will conduct interviews of the most qualified Respondents before final selection. Interviews will likely occur the week of April 22, 2024 with a final selection occurring the week of April 29, 2024. Paid Sick Leave: The City of Tacoma requires all employers to provide paid sick leave as set forth in Title 18 of the Tacoma Municipal Code and in accordance with State of Washington law. Title VI Information: “The City of Tacoma” in accordance with provisions of Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration of award. Disadvantaged Business Enterprise (DBE) Assurance Statement: The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; or (4) Disqualifying the contractor from future bidding as non-responsible. Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 4 of 19 Protest Policy: City of Tacoma protest policy, located at www.tacomapurchasing.org, and available at 3628 S 35th Street, Tacoma, WA 98409, specifies procedures for protests submitted prior to and after submittal deadline. Requests for information regarding the Protest Policy may be obtained at by contacting the purchasing representative listed below. Additional Information: Requests for information regarding the specifications may be obtained by contacting the purchasing representative Carly Fowler, Senior Buyer to cfowler@cityoftacoma.org, 253-502-8468, and 3628 S 35th Street, Tacoma, WA 98409. Americans with Disabilities Act (ADA Information): The City of Tacoma, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. Specification materials can be made available in an alternate format by emailing the contact listed above in the Additional Information section. Dates of publication in the Tacoma Daily Index and Daily Journal of Commerce: March 13, 2024, and March 25, 2024. Meeting sites are accessible to persons with disabilities. Reasonable accommodations for persons with disabilities can be arranged with 48 hours advance notice by calling 253-502-8468. http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 5 of 19 Table of Contents REQUEST FOR QUALIFICATIONS STANDARD TERMS & CONDITIONS SUBMITTAL CHECK LIST ......................................................................................................... 5 1. BACKGROUND .................................................................................................................. 7 2. STANDARD TERMS AND CONDITIONS ........................................................................... 7 3. SUMMARY OF SCOPE OF SERVICES AND DELIVERABLES .......................................... 8 4. ANTICIPATED CONTRACT TERM ....................................................................................11 5. CALENDAR OF EVENTS ..................................................................................................11 6. RFQ INQUIRIES ................................................................................................................11 7. DISCLAIMER .....................................................................................................................12 8. EVALUATION CRITERIA ...................................................................................................12 9. RESPONSIVENESS ..........................................................................................................12 10. SOQ SUBMITTAL AND GENERAL GUIDELINES ..........................................................13 11. CONTENT TO BE SUBMITTED – This section represents 100% of the possible scoring criteria. ......................................................................................................................................13 12. INTERVIEWS / ORAL PRESENTATIONS ......................................................................16 13. CONTRACT OBLIGATION .............................................................................................16 14. FORM OF CONTRACT ..................................................................................................16 15. PARTNERSHIPS ...........................................................................................................16 16. COMMITMENT OF FIRM KEY PERSONNEL ................................................................17 17. AWARD ..........................................................................................................................17 18. SCOPE, BUDGET, AND SCHEDULE ............................................................................17 19. ENVIRONMENTALLY PREFERABLE PROCUREMENT ...............................................18 20. PROPRIETARY OR CONFIDENTIAL INFORMATION ...................................................18 21. ADDENDUMS ................................................................................................................18 22. SERVICES CONTRACT ................................................................................................18 APPENDIX A – SIGNATURE PAGE .........................................................................................19 APPENDIX B – PROJECT INSURANCE REQUIREMENTS .....................................................20 APPENDIX C – WSDOT A&E PROFESSIONAL SERVICES CONSULTANT AGREEMENT ....21 SUBMITTAL CHECK LIST This checklist identifies items to be included with your submittal. Any submittal received without these required items may be deemed non-responsive and not be considered for award. Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 6 of 19 Submittals must be received by the City of Tacoma Purchasing Division by the date and time specified in the Request for Qualifications page. For electronic submittals, the City of Tacoma will designate the time of receipt recorded by the email as the official time of receipt. This clock will be used as the official time of receipt of all parts of electronic bid submittals. The Subject Line of the email should include: PW22-0320F Fishing Wars Memorial Bridge B-E Consultant Support Services The following items make up your submittal package: Signature Page (Appendix A) Information in Section 11 DELIVERY TO THE CITY OF TACOMA PROCUREMENT AND PAYABLES DIVISION BY EMAIL: Submit one (1) electronic version of the Statements of Qualifications (SOQ) in PDF format to sendbid@cityoftacoma.org no later than 11:00 a.m., Tuesday, April 9, 2024. After award, the following documents will be executed and provided: • WSDOT A&E Professional Services Consultant Agreement • Certificate of Insurance and related endorsements Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 7 of 19 1. BACKGROUND The Fishing Wars Memorial Bridge B-E is located just north of Interstate 5 and supports Fishing Wars Memorial Corridor between downtown Tacoma and Fife. Significant portions of the bridge are aging and in need of replacement. On October 20, 2023 the Federal Highway Administration (FHWA) provided formal notice to the Washington State Department of Transportation (WSDOT) regarding non-compliance with the National Bridge Inspection Standards (NBIS) for the City of Tacoma Fishing Wars Memorial Bridge. The letter called for the immediate closure of the bridge. This closure was in response to identifiable safety issues and structural deficiencies that pose a risk to public safety. The City intends to pursue Federal and non-Federal funding for final design and construction to replace the final four sections of the bridge B through E. These sections make up approximately sixty percent of the bridge and span the Puyallup River and the Union Pacific railroad line east of the river. The project will require coordination with the Corp of Engineers, United States Coast Guard, Washington State Department of Transportation (WSDOT), Union Pacific Railroad and the Puyallup Tribe. Two other railroads (BNSF and Tacoma Rail) are in the area but are not expected to be impacted. The project will have a right of way component and design review by the railroad and the WSDOT. The Fishing Wars Memorial Bridge is on an arterial street consisting of 4 lanes over the bridge, but currently limited to three on the sections to be replaced on the existing bridge. Construction of the bridge will impact traffic patterns in the area forcing traffic onto I-5, Lincoln Avenue, Highway 509 and impact streets in the City of Fife. Preliminary conceptual designs for the bridge replacement have settled on a Tied Arch Truss bridge to span the Puyallup River but other options that do not place any piers in the river are acceptable. To learn more about the City of Tacoma, visit www.cityoftacoma.org. The City anticipates awarding one contract with a set of initial tasks with follow on or reserved tasks to be assigned as funding comes available. Qualifications submitted and/or the selected Consultant(s) may be used for projects of similar type and scope at the sole discretion of the City for up to one year. 2. STANDARD TERMS AND CONDITIONS City of Tacoma Standard Terms and Conditions apply. http://www.cityoftacoma.org/ https://cms.cityoftacoma.org/purchasing/StandardTermsandConditions.pdf Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 8 of 19 The following is applicable to Federal Aid Projects: Americans with Disabilities Act (ADA) Information The City of Tacoma in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing (Carly Fowler) at (cfowler@cityoftacoma.org) or by calling collect (253-502-8587). Title VI Statement The City of Tacoma in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR, part 26, will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. 3. SUMMARY OF SCOPE OF SERVICES AND DELIVERABLES The City is seeking a highly qualified consultant to provide a team with expertise in bridge design and support services including assisting the City in selecting the best delivery method for the project. These could include design-bid-build or design-build processes as examples. The selected team will assist the City with the Fishing Wars Memorial Bridge B-E preliminary design, environmental and pre-right of way tasks. It is the City’s intent to select a consultant based on documented qualifications and abilities of the firm and key project individuals. The consultant team shall have immediate availability and relevant experience on similar public works bridge projects. The successful consultant would be excluded from participating on any of the design build team for the project submitting RFQ’s and subsequent RFP’s if that method is selected. Due to current funding constraints the scope of work will be split into two sets of tasks. They will be referred to as Initial Tasks and Reserved Tasks, to be added later. At this time the City is seeking additional funds through State and Federal grant opportunities to supplement the current funding available to the project. • Initial tasks will entail preliminary design tasks as described below up to 30% design. • Reserved Tasks will involve o further Design-Bid-Build design tasks 90%, 100% and final PS&E, o development of design build RFQ and RFP if selected. Upon award of additional funds the City will award the Reserved Tasks as funding allows. In anticipation of future Federal Funding the prospective Consultant shall be prepared to comply with Federal funding requirements including Title VI and the Disadvantage Business Program. All work on the project shall be completed assuming Federal Funding will be used. Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 9 of 19 The consultant shall have a current WSDOT approved Indirect Cost Rate (ICR) letter of your firms 2023 overhead rates, per 48 CFR Part 31. The ICR’s will be updated annually throughout the life of the project as required by WSDOT’s Local Agency Guidelines (LAG). The consultant services are anticipated to begin in second quarter 2024. The Engineering Division of Public Works will be managing the project and will be the point of contact during the consultant services work. Tasks to be completed by the consultant are described below: Initial Tasks 1. DATA REVIEW AND COLLECTION: The consultant will review and collect existing information on the project and identify any gaps. 2. SURVEY AND MAPPING: The consultant will create a map showing utility locations and property boundaries along with other significant features to facilitate design. a. This work shall also include hydraulic modeling and stream mapping. b. Geotechnical work shall also be included in this task to prepare a draft report for the following design work. c. Identification of parcels from which easements and/or property purchases will be required for the project including public utility relocation. d. Creation of a right of way drawing meeting the uniform act requirements. 3. ALTERNATIVES ANALYSIS: The consultant will conduct an alternatives analysis incorporating the City’s tight arch concept. The analysis shall consider different structure types, traffic impacts and develop a preliminary layout. 4. ENVIRONMENTAL DOCUMENTATION AND PERMITTING: The consultant will take the lead on SEPA and NEPA documentation as required for the bridge developed during the design build project. The consultant shall prepare all documentation to create the Federally required environmental permitting documents so that the project will move forward. 5. GRANT SUPPORT: The consultant shall assist the City with the application for Federal, State, and Local grant submissions. The consultant shall develop cost estimates, grant submittal documents, review the existing City funding plan, develop any updates needed to the funding strategies, and develop a grant submission plan and sequencing strategy to implement all required (grant) items. 6. UTILITY IMPACTS IDENTIFICATION: The consultant shall identify all public and private utilities that will be affected by the project and develop relocation / mitigation plans with affected parties. The City will take the lead on contacting affected parties. The consultant shall assist the City in finalizing any relocation agreements. 7. UTILITY RELOCATION DESIGN: The consultant will: a. coordinate the design of the relocation of all City owned and affected underground and overhead utilities, and those physically attached to the current bridge including Fife’s force main. b. Review any private utilities design for conflicts and propose solutions. Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 10 of 19 Tacoma Power will take the lead for the design effort related to the relocation of the publicly owned overhead power & communication lines. 8. Preliminary and 30% BRIDGE DESIGN: The consultant shall prepare plans and specifications for roadway, utilities, bike and pedestrian facilities, ADA accommodation, lighting, and design of the bridge. These plans shall be incorporated into the Design Build RFQ and RFP documentation. 9. RAILROAD COORDINATION: The consultant shall support the City in working with affected Railroads. This work shall include establishing review timelines, developing plans for railroad review and working on initial plan review. 10. REVIEW OF DELIVERY OPTIONS: The Consultant will assist the City in reviewing delivery methods that best suit the evolving funding plan to determine the best approach moving forward. 11. ROW DRAWING: The consultant shall provide a preliminary right of drawing as determined by right of way needs for the project. 12. STAKEHOLDER AND TRIBAL SUPPORT: The consultant shall provide presentation documents and graphics while attend meetings with stakeholders. The stakeholders are anticipated to include the Puyallup Tribe, Port of Tacoma, City of Fife, and WSDOT. The City will take the lead at these meetings buts expects consultant participation. Reserved Tasks 13. IF CHOSEN: 60%, 90%, 100% DESIGN SERVICES: The consultant shall provide continuing design support pending additional funding. This shall include 60%, 90%, 100% design review. Including preparing plans and specifications for roadway, utilities, bike and pedestrian facilities, ADA accommodation, lighting, and design of the bridge at each review step and final bid ready plans and specifications. The City will provide Division 1. 14. IF CHOSEN: DEVELOPMENT OF THE FISHING WARS MEMORIAL BRIDGE B-E DESIGN BUILD REQUEST FOR QUALIFICATIONS (RFQ) AND SUBSEQUENT REQUEST FOR PROPOSALS (RFP): The bidding process will be managed by the City. The City will provide all front end documents. The consultant will assist the City in developing and writing the RFQ and RFP. The consultant will act as the City’s representative along with the City Project Manager during the RFQ AND RFP process. This will include reviews of the RFP with the City and WSDOT, support during advertisement, and scoring of the team’s proposals. The consultant shall assist the City with answering bidder’s questions, reviewing project submittals and preparing addenda documents. 15. IF CHOSEN: DEVELOPMENT OF DESIGN PARAMETERS, DESIGN REVIEW AND ESTIMATING: The consultant shall provide expertise to assist the City in evaluating and reviewing the proposals submitted by the project teams. This shall include opinions concerning responsiveness and contract award. The consultant shall assist the City in developing design parameters for the bridge for the RFQ and RFP. The Fishing Wars Memorial Bridge Design Criteria Report is provided in Appendix G and will be used by the Consultant to assist the City in developing these Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 11 of 19 parameters. The Consultant will also develop a general construction cost estimate for City and WSDOT review to develop a DBE goal for the project. This estimate will be needed for grant proposals and is a key element to securing the construction funding. Pending contract negotiations Section 5 shows the anticipated RFQ schedule for this selection, the City desires that the data gathering, utility impact identification, environmental documentation, geotechnical, alternatives and preliminary design of the project be completed by the end of 2024, independent of contractual negotiations with the railroad. The scope of the Initial Tasks is anticipated to be approximately $9,000,000 with the Reserved Tasks to be an estimated additional $1,000,000 for a total of $10,000,000, with the project anticipated to be complete in 2029. 4. ANTICIPATED CONTRACT TERM The anticipated duration of the contract is for a five-year period with the City’s sole option to renew for additional periods as applicable. 5. CALENDAR OF EVENTS The following schedule has been established for the submission and evaluation of the SOQs and selection of the Consultant. These are tentative dates only and the City reserves the right to adjust these dates at its sole discretion. The anticipated schedule of events concerning this Solicitation is as follows: Publish and issue Solicitation: 3/13/2024 Pre-Submittal Questions: 4/1/2024 Response to Questions: 4/2/2024 Submittal Due Date: 4/9/2024 Submittal Evaluated, on or about: 4/16/2024 Interviews/presentations, on or about: 4/22/2024 Award Recommendation, on or about: 4/30/2024 Public Utility Board/City Council Approval, on or about: 6/25/2024 6. RFQ INQUIRIES Questions and request for clarifications may be submitted in writing by the date and time specified in the table below to Carly Fowler, Senior Buyer, Purchasing Division, via email to Cfowler@cityoftacoma.org. No further questions will be accepted after this date and time. The City of Tacoma will not be responsible for unsuccessful submittal of questions via email. Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 12 of 19 6.1 Written answers to all questions submitted will be posted on the Purchasing website at www.TacomaPurchasing.org on or about the date specified below. The City reserves the discretion to group similar questions to provide a single answer or not to respond when the information is confidential. The answers are not typically considered an addendum 7. DISCLAIMER The City is not liable for any costs incurred by the Respondent for the preparation of materials or a submittal submitted in response to this Solicitation, for conducting any presentations to the City, or any other activities related to responding to this Solicitation, or related to the contract negotiation process. 8. EVALUATION CRITERIA A Selection Advisory Committee (SAC) consisting of City staff and other stakeholders, as appropriate, shall independently evaluate the SOQs. After the evaluation, the SAC may conduct interviews of the most qualified Respondents before final selection. 8.1 The SAC may select one or more respondent to provide the services required. 8.2 The SAC may use references to clarify information in the submittals and interviews, if conducted, which may affect the rating. The City reserves the right to contact references other than those included in the submittal. 8.3 Part 1 of the evaluation process shall consist of the evaluation of the written Statement of Qualifications (SOQ) package submitted by each Proposer and as a result, a short list of Proposers may be invited to interview with the SAC. 8.4 Part 2 of the evaluation process will evaluate the interviews, if conducted, to produce a final rating. The City reserves the right to select the Consultant team directly from the SOQs (Part 1 evaluation) without conducting an interview. 9. RESPONSIVENESS Respondents agree their submittal is valid until a contract(s) has been executed. All submittals will be reviewed by the City to determine compliance with the requirements and instructions specified in this Solicitation. The Respondent is specifically notified that failure to comply with any part of this Solicitation may result in rejection of the submittal as non- responsive. The City reserves the right, in its sole discretion, to waive irregularities deemed immaterial. The final selection, if any, will be that submittal which, after review of submissions and potential interviews, in the sole judgement of the City, best meets the requirements set forth in this Solicitation. Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 13 of 19 10. SOQ SUBMITTAL AND GENERAL GUIDELINES The SOQ should be submitted in PDF format. The City recommends that the Proposer’s SOQ submittals be limited to no more than 16 double-sided pages (not including City of Tacoma required forms). 11. CONTENT TO BE SUBMITTED – This section represents 100% of the possible scoring criteria. Respondents are to provide complete and detailed responses to all items below. Submittals that are incomplete or conditioned in any way that contain alternatives or items not called for in this Solicitation, which materially deviate from the requirements of this Solicitation or which are not in conformity with law, may be rejected as being non-responsive. Submittals should present information in a straightforward and concise manner, while ensuring complete and detailed descriptions of the Respondent’s abilities to meet the requirement of this Solicitation. Emphasis will be on completeness of content. The written submittals should be prepared in the sequential order as outlined below. The City reserves the right to request clarification of any aspect of a submittal, or request additional information that might be required to properly evaluate the submittal. Failure to respond to such a request may result in rejection of the firm’s submittal. Respondents are required to provide responses to any request clarification within two (2) business days. Requests for clarification or additional information shall be made at the sole discretion of the City. The City’s retention of this right shall no way diminish a Respondent’s responsibility to submit a submittal that is current, clear, complete and accurate. The relative weight of each scoring criteria is indicated in the table below. Criteria Max Points Consultant Team Structure 7 Qualifications/Experience of Respondent 50 General Background and experience in similar projects as described. (30) Permit experience for this type of project. Knowledge of permits required and submittal processes and timelines to amend them. (20) Project Manager and Personnel Qualifications and Experience 25 Proposed Process, Team Availability and Anticipated Schedule 15 Sustainability 3 Total 100 Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 14 of 19 11.1 Consultant Team Structure – 7 points Please provide the consultant team structure including names of lead persons with titles and general project responsibilities, and the physical location of each lead person. Discuss the firm’s ability to actively perform the proposed work and provide a statement which clearly conveys the ability of all proposed project personnel to accept responsibility for completing the project in view of the firm's current and projected workload. 11.2 Qualifications/Experience of Respondent – 50 points Please provide information on the Respondent’s structure, qualifications and experience on similar projects including: General Background and experience in similar projects as described. (30) • Names of lead persons with titles and general project responsibilities. • Names of all sub-consultant personnel and general responsibilities. • Summary of the background and experience of the firm relative to the project under consideration. o Include lists of specific projects, of similar type, on which the firm and team members have had a major role together with the location, cost, and basic description of the project, start and completion dates, the names of the client, description of the firm’s responsibility on the project, and the specific roles of the individuals proposed for this project. o Describe experience working on Design Build and Design-Bid-Build projects. o Describe experience working with municipal or other public agencies. • Provide a description of any special projects, awards, or other items that make the firm especially qualified for this submittal. • Firm References o References shall be used to verify the accuracy of the information provided by the Proposer, which may affect the rating of the Proposer. The City reserves the right to contact references other than those submitted by the Proposer. Please provide the following. o Provide five (3) recent references who may be contacted concerning your firm’s performance with regard to the qualifications listed in the SOQ. In listing the references, include the name of the client, mailing address, fax number, telephone number, email address, contact person, and specific work your firm provided for the client. Permit experience for this type of project. Knowledge of permits required and submittal processes and timelines to amend them. (20) • As part of the description of the projects above please describe your firm’s experience in the permitting arena, i.e. what permits were needed, and typical timelines associated. Including knowledge of the following: • Describe the firm’s experience/familiarity with the City of Tacoma, State and Federal permitting process, including building and site development permits • Also, describe what permits you see as might be necessary for this project and the required timelines. Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 15 of 19 o Including but not limited to Section 10 Permits through ACOE o Coast Guard Permits o Hydraulic Permits (HPA) 11.3 Project Manager and Personnel Qualifications and Experience – 25 points Please provide the following information on the proposed project personnel and experience, which qualify them to perform the work for the project. • Qualifications of Project Manager o Identify the project manager who will have overall responsibility for the project. o Include professional biographical data and/or resume outlining specific project capabilities. • Project Manager References o Provide three (3) recent references who may be contacted concerning the performance of your firm’s proposed project manager. Provide email address and telephone number for each reference. • Qualifications of the Firm’s Personnel o List the lead personnel, with titles, who will be primarily responsible for and involved with daily work activities. o Identify the responsibilities and activities of each lead person. o Include professional biographical data and/or resume outlining specific project capabilities. 11.4 Proposed Process, Team Availability and Anticipated Schedule – 15 points • Describe the firm’s process and/or approach to accomplishing the proposed scope of work. • Describe the firm’s process for Quality Assurance/Quality Control (QA/QC). • Confirm the availability of the firm and sufficient resources to perform the consulting services in view of the firm’s current and projected workload. • Provide level of effort and availability of the firm’s project manager and lead project personnel for this project. • Provide a conceptual project schedule for completing the consultant services. 11.5 Sustainability – 3 points The City is committed to minimizing carbon emissions, air and water pollution, and the human health hazards associated with building construction and operations. • Please demonstrate your firm’s commitment to providing the services identified in the scope of work in a sustainable manner. What measures will your firm take to minimize impacts to the environment in the delivery of services? Please provide details of efforts, practices and/or processes. • Please demonstrate your firm’s commitment to sustainable business practices, which could include, but is not limited to a formal sustainability program and/or policies covering recycling measures and energy conservation plans. Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 16 of 19 12. INTERVIEWS / ORAL PRESENTATIONS An invitation to interview may be extended to Respondents based on SAC review of the written submittals. The SAC reserves the right to adjust scoring based on additional information and/or clarifications provided during interviews. The SAC may determine additional scoring criteria for the interviews following evaluation of written submittals. The City reserves all rights to begin contract negotiations without conducting interviews. Respondents must be available to interview within three business days notice. If interviews are conducted, the SAC will schedule the interviews using the email address for communications provided on the signature page. Additional interview information will be provided at the time of invitation. At this time, it is anticipated that the main objective of the interview will be for the SAC to meet the project manager and key personnel that will have direct involvement with the project and hear about their relevant experience and expertise. The City does not intend to meet with firm officials unless they are to be directly involved with the project. The relative weight of each Part 2 criterion is indicated in the table below. Criteria Max Points Presentation by finalist 30 Interview / Questions and Answers 70 Total 100 13. CONTRACT OBLIGATION The selected Respondent(s) will be expected to execute a Contract with the City. At a minimum, any contract will incorporate the contents of this specification, including all stated services or deliverables and other requirements and the City of Tacoma Standard Terms and Conditions, together with the contents of Respondent’s submittal. The submittal contents of the successful Respondent will become contractual obligations 14. FORM OF CONTRACT It is anticipated that this project will utilize the State’s cost plus fixed fee consultant contract. A Contract template is attached to this RFP as a sample form of Contract, the City expects to utilize the Terms and Conditions contained in the sample form of Contract. INSURANCE REQUIREMENTS Successful proposer will provide proof of and maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements contained in this solicitation in Appendix B. 15. PARTNERSHIPS The City will allow Respondents to partner in order to respond to this Solicitation. Respondents may team under a Prime Respondent’s submittal in order to provide responses to all sections in Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 17 of 19 a single submission; however, each Respondent’s participation must be clearly delineated by section. The Prime Respondent will be considered the responding vendor and the responsible party at contract award. Any contract negotiations will be conducted only with the Prime Respondent. All contract payments will be made only to the Prime Respondent. Any agreements between the Prime Respondent and other companies will not be a part of the agreement between the City and the Prime Respondent. The City reserves the right to select more than one Prime Respondent. 16. COMMITMENT OF FIRM KEY PERSONNEL The Respondent agrees that key personnel identified in its submittal or during contract negotiations as committed to this project will, in fact, be the key personnel to perform during the life of this contract. Should key personnel become unavailable for any reason, the selected Respondent shall provide suitable replacement personnel, subject to the approval of the City. Substantial organizational or personnel changes within the agency are expected to be communicated immediately. Failure to do so could result in cancellation of the Contract. Specific language pertaining to personnel substitution is contained within the sample contract in Appendix A. 17. AWARD The final rating will be the total SAC scoring from Part 1 and Part 2 of the evaluation process. Note: If the interviews are not held, the respondent who earned the highest points in Part 1 evaluation scoring will be selected. After the Respondent(s) is selected by the SAC and prior to award, all other Respondents will be notified via the Purchasing Division using the email address for communications provided on the signature page. Once a Respondent(s) has been selected for award by the SAC, contract negotiations will begin. If a contract with the selected Respondent(s) is not successfully negotiated in that the City’s final offer is not accepted, the City may, in its sole discretion discontinue contract negotiations and commence negotiations with another Respondent. When a contract is successfully negotiated, the Contract will, if required, be submitted for final approval by the Public Utility Board and/or City Council. If the selected Proposer and the City are unable to agree on a final scope of work and fee for the contract services, the City reserves the right to terminate the negotiations with the selected Proposer and initiate contract negotiations with the next highest rated Proposer. 18. SCOPE, BUDGET, AND SCHEDULE The selected Proposer will meet with the City to review the project scope and timeline. Based on the meeting, the selected Proposer shall submit a draft scope, budget, and project schedule to the City within five (5) business days or as directed by the City’s Project Manager. The scope and budget shall include an itemized list of tasks and include estimated hours for the proposed work. The budget shall be supported by a list of hourly rates for personnel to be utilized under this contract. Request for Qualifications Specification No. PW22-0320F Template Revised: 02/15/2022 Page 18 of 19 19. ENVIRONMENTALLY PREFERABLE PROCUREMENT In accordance with the City’s Sustainable Procurement Policy, it is the policy of the City of Tacoma to encourage the use of products or services that help to minimize the environmental and human health impacts of City Operations. Respondents are encouraged to incorporate environmentally preferable products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, products, manufacturing, packaging, distribution reuse, operation, maintenance or disposal of the product or service. The City of Tacoma encourages the use of sustainability practices and desires any awarded contractor(s) to assist in efforts to address such factors when feasible for: • Reduction of pollutant releases • Toxicity of materials used • Waste generation • Greenhouse gas emissions, including transportation of materials and services • Recycle content • Comprehensive energy conservation measures • Waste manage reduction plans • Potential impact on human health and the environment 20. PROPRIETARY OR CONFIDENTIAL INFORMATION The Washington State Public Disclosure Act (RCW 42.56 et seq.) requires public agencies in Washington make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act, or are otherwise privileged. Documents submitted under this RFP shall be considered public records and, with limited exceptions, will be made available for inspection and copying by the public. For complete detail on Respondent’s responsibility to identify and mark confidential information, and the applicability of the Public Disclosure Act, see the Standard Terms and Conditions. 21. ADDENDUMS In the event it becomes necessary to revise any part of this Solicitation, an addendum will be issued through the event in Ariba. Failure to acknowledge addendum(s) on the required Signature Page may result in a submittal being deemed non-responsive by the City. 22. SERVICES CONTRACT A sample copy of the draft Service Contract is enclosed in Appendix B. Following contract negotiations, the contract shall be finalized between the City and the selected Consultant. The City reserves the right to amend the sample contract at the City’s sole discretion. https://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 APPENDIX A – SIGNATURE PAGE Form No. SPEC-080A Revised: 06/01/2021 SIGNATURE PAGE CITY OF TACOMA PUBLIC WORKS ENGINEERING DIVISION All submittals must be in ink or typewritten, executed by a duly authorized officer or representative of the bidding/proposing entity, and received and time stamped as directed in the Request for Bids page near the beginning of the specification. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. REQUEST FOR BIDS SPECIFICATION NO. PW22-0320F Fishing Wars Memorial Bridge B-E Consultant Support Services The undersigned bidder/proposer hereby agrees to execute the proposed contract and furnish all materials, labor, tools, equipment and all other facilities and services in accordance with these specifications. The bidder/proposer agrees, by submitting a bid/proposal under these specifications, that in the event any litigation should arise concerning the submission of bids/proposals or the award of contract under this specification, Request for Bids, Request for Proposals or Request for Qualifications, the venue of such action or litigation shall be in the Superior Court of the State of Washington, in and for the County of Pierce. Non-Collusion Declaration The undersigned bidder/proposer hereby certifies under penalty of perjury that this bid/proposal is genuine and not a sham or collusive bid/proposal, or made in the interests or on behalf of any person or entity not herein named; and that said bidder/proposer has not directly or indirectly induced or solicited any contractor or supplier on the above work to put in a sham bid/proposal or any person or entity to refrain from submitting a bid/proposal; and that said bidder/proposer has not, in any manner, sought by collusion to secure to itself an advantage over any other contractor(s) or person(s). Bidder/Proposer’s Registered Name Address City, State, Zip E-Mail Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 E-Mail Address for Communications Signature of Person Authorized to Enter Date into Contracts for Bidder/Proposer Printed Name and Title (Area Code) Telephone Number / Fax Number State Business License Number in WA, also known as UBI (Unified Business Identifier) Number State Contractor’s License Number (See Ch. 18.27, R.C.W.) Addendum acknowledgement #1_____ #2_____ #3_____ #4_____ #5_____ THIS PAGE MUST BE SIGNED AND RETURNED WITH SUBMITTAL. APPENDIX B – PROJECT INSURANCE REQUIREMENTS CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PW22-0320 Fishing Wars Memorial Bridge B-E Consultant Support Template Revised 03/29/2023 Page 1 of 4 This Insurance Requirements shall serve as an attachment and/or exhibit form to the Contract. The Agency entering a Contract with City of Tacoma, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise referred to as “Contractor”. 1. GENERAL REQUIREMENTS The following General Requirements apply to Contractor and to Subcontractor(s) performing services and/or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following insurance requirements: 1.1. Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the City of Tacoma. 1.2. Contractor shall keep in force during the entire term of the Contract, at no expense to the City of Tacoma, the insurance coverage and limits of liability listed below and for Thirty (30) calendar days after completion of all work required by the Contract, unless otherwise provided herein. 1.3. Liability insurance policies, except for Professional Liability and Workers’ Compensation, shall: 1.3.1. Name the City of Tacoma and its officers, elected officials, employees, and agents as additional insured 1.3.2. Be considered primary and non-contributory for all claims with any insurance or self- insurance or limits of liability maintained by the City of Tacoma 1.3.3. Contain a “Waiver of Subrogation” clause in favor of City of Tacoma 1.3.4. Include a “Separation of Insureds” clause that applies coverage separately to each insured and additional insured 1.3.5. Name the “City of Tacoma” on certificates of insurance and endorsements and not a specific person or department 1.3.6. Be for both ongoing and completed operations using Insurance Services Office (ISO) form CG 20 10 04 13 and CG 20 37 04 13 or the equivalent 1.3.7. Be satisfied by a single primary limit or by a combination of a primary policy and a separate excess umbrella 1.4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements below. Verification of coverage shall include: 1.4.1. An ACORD certificate or equivalent 1.4.2. Copies of requested endorsements 1.5. Contractor shall provide to City of Tacoma Procurement & Payable Division, prior to the execution of the Contract, Certificate(s) of Insurance and endorsements from the insurer certifying the coverage of all insurance required herein. Contract or Permit number and the City of Tacoma Department must be shown on the Certificate of Insurance. 1.6. A renewal Certificate of Insurance shall be provided electronically prior to coverage CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PW22-0320 Fishing Wars Memorial Bridge B-E Consultant Support Template Revised 03/29/2023 Page 2 of 4 expiration via email sent annually to coi@cityoftacoma.org. 1.7. Contractor shall send a notice of cancellation or non-renewal of this required insurance within Thirty (30) calendar days to coi@cityoftacoma.org. 1.8. “Claims-Made” coverages, except for pollution coverage, shall be maintained for a minimum of three years following the expiration or earlier termination of the Contract. Pollution coverage shall be maintained for six years following the expiration of the Contract. The retroactive date shall be prior to or coincident with the effective date of the Contract. 1.9. Each insurance policy must be written by companies licensed or authorized (or issued as surplus line by Washington surplus line broker) in the State of Washington pursuant to RCW 48 with an (A-) VII or higher in the A.M. Best key rating guide. 1.10. Contractor shall not allow any insurance to be cancelled, voided, suspended, or reduced in coverage/limits, or lapse during any term of this Contract. Otherwise, it shall constitute a material breach of the Contract. 1.11. Contractor shall be responsible for the payment of all premiums, deductibles and self-insured retentions, and shall indemnify and hold the City of Tacoma harmless to the extent such a deductible or self-insured retained limit may apply to the City of Tacoma as an additional insured. Any deductible or self-insured retained limits in excess of Twenty Five Thousand Dollars ($25,000) must be disclosed and approved by City of Tacoma Risk Manager and shown on the Certificate of Insurance. 1.12. City of Tacoma reserves the right to review insurance requirements during any term of the Contract and to require that Contractor make reasonable adjustments when the scope of services changes. 1.13. All costs for insurance are included in the initial Contract and no additional payment will be made by City of Tacoma to Contractor. 1.14. Insurance coverages specified in this Contract are not intended and will not be interpreted to limit the responsibility or liability of Contractor or Subcontractor(s). 1.15. Failure by City of Tacoma to identify a deficiency in the insurance documentation or to verify coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 1.16. If Contractor is a government agency or self-insured for any of the above insurance requirements, Contractor shall be liable for any self-insured retention or deductible portion of any claim for which insurance is required. A certification of self-insurance shall be attached and incorporated by reference and shall constitute compliance with this Section. CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PW22-0320 Fishing Wars Memorial Bridge B-E Consultant Support Template Revised 03/29/2023 Page 3 of 4 2. SUBCONTRACTORS It is Contractor's responsibility to ensure that each subcontractor obtain and maintain adequate liability insurance coverage that applies to the service provided. Contractor shall provide evidence of such insurance upon City of Tacoma’s request. Failure of any subcontractor to comply with insurance requirements does not limit Contractor’s liability or responsibility. 3. REQUIRED INSURANCE AND LIMITS The insurance policies shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve Contractor from liability in excess of such limits. 3.1 Commercial General Liability Insurance Contractor shall maintain Commercial General Liability Insurance policy with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) annual aggregate. This policy shall be written on ISO form CG 00 01 04 13 or its equivalent and shall include product liability especially when a Contract is solely for purchasing supplies. It includes Products and Completed Operations for three years following the completion of work related to performing construction services. It shall be endorsed to include: A per project aggregate policy limit (using ISO form CG 25 03 05 09 or equivalent endorsement) 3.2 Commercial (Business) Automobile Liability Insurance Contractor shall maintain Commercial Automobile Liability policy with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury and property damage and bodily injury and property damage coverage for owned (if any), non-owned, hired, or leased vehicles. Commercial Automobile Liability Insurance shall be written using ISO form CA 00 01 or equivalent. Contractor must also maintain MCS 90 and CA 99 48 endorsements or equivalent if “Pollutants” are to be transported unless in-transit Pollution coverage is covered under required Contractor’s Pollution Liability Insurance. 3.3 Workers' Compensation Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as well as any other similar coverage required for this work by applicable federal laws of other states. Contractor must comply with their domicile State Industrial Insurance laws if it is outside the State of Washington. 3.4 Employers’ Liability Insurance Contractor shall maintain Employers’ Liability coverage with limits not less than One Million Dollars ($1,000,000) each employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) policy limit. 3.5 Professional Liability Insurance or Errors and Omissions For contracts with professional licensing, design, or engineering services. Contractor and/or its subcontractor shall maintain Professional Liability or Errors and Omissions with limits of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) in the aggregate covering acts, errors and omissions arising out of the professional services under this Contract. Contractor shall maintain this coverage for Two Million Dollars ($2,000,000) if the policy limit includes the payment of claims or defense costs, from the policy limit. If the scope of such design-related professional services includes work related to pollution conditions, the Professional Liability policy shall include Pollution Liability coverage. CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PW22-0320 Fishing Wars Memorial Bridge B-E Consultant Support Template Revised 03/29/2023 Page 4 of 4 3.6 Excess or Umbrella Liability Insurance Contractor shall provide Excess or Umbrella Liability Insurance with limits not less than Ten Million Dollars ($10,000,000) per occurrence and in the aggregate. This coverage shall apply, at a minimum, in excess of primary underlying Commercial General Liability, Employer’s Liability, Pollution Liability, Marine General Liability, Protection and Indemnity, and Automobile Liability if required herein. 3.7 Other Insurance Other insurance may be deemed appropriate to cover risks and exposures related to the scope of work or changes to the scope of work required by City of Tacoma. The costs of such necessary and appropriate Insurance coverage shall be borne by Contractor. APPENDIX C – WSDOT A&E PROFESSIONAL SERVICES CONSULTANT AGREEMENT Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN or SSN Number Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Total Amount Authorized: Management Reserve Fund: Maximum Amount Payable: Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: Page 1 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the , hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating 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 necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Page 2 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple Sam ple V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits “D” and “E” and by this reference made part of this AGREEMENT. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the and direct non-salary costs. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary direct salary costs billed to the AGENCY. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT AGREEMENT, when accumulated with all other Actual Costs. “E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime ICR schedule. It shall also be used for the computation of progress payments during the following year and sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall is received and an overhead rate for billing purposes is approved. rate, if they so desire. CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to 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) under this AGREEMENT. Agreement Number: Page 4 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not Section IX entitled “Termination of Agreement.” for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any “ Work.” 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, “ Work.” No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have 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 Agreement Number: Page 5 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. consultant cost estimate unless a prior written approval has been issued by the AGENCY. shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable termination of this AGREEMENT or such other remedy as the recipient deems appropriate. The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work Agreement Number: Page 6 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 et. seq.) • 49 CFR Part 21 • 49 CFR Part 26 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the the time of termination of this AGREEMENT. CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES Agreement Number: Page 7 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed clauses listed previously. CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto 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. Agreement Number: Page 8 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Page 9 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple 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 with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise Insurance Coverage aggregate for each policy period. limit for each occurrence. consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the liability to third parties be limited in any way. Agreement Number: Page 10 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise and shall modify this AGREEMENT accordingly. payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Agreement Number: Page 11 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt security data, or information which may jeopardize any part of the project that relates to any of these types of information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and be subject to inspection, review, or audit upon reasonable notice from the AGENCY. investigating may include, but is not limited to, salting databases. Agreement Number: Page 12 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Page 13 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. Signature Date Signature Date Agreement Number: Page 14 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Sam ple Exhibit A Scope of Work Project No. Agreement Number: Exhibit A Page 1 of 1 Sam ple Exhibit B DBE Participation Agreement Number: Exhibit B Page 1 of 1 Sam ple Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is 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 Agreement Number: Exhibit C Page 1 of 4 Sam ple E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: Exhibit C Page 2 of 4 Sam ple II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data Exhibit C Page 3 of 4 Sam ple A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format Exhibit C Page 4 of 4 Sam ple Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D Page 1 of 1 Sam ple Exhibit E Sub-consultant Cost Computations the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Agreement Number: Exhibit E Page 1 of 1 Sam ple Agreement Number ____________ Revised 2/ /20 1 Exhibit F Title VI Assurances Sam ple Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 2/ /20 1 Exhibit F Title VI Assurances Sam ple