HomeMy WebLinkAboutTrans 2013-09-24 COMPLETE AGENDA PACKET
City of Tukwila
Distribution:
K. Kruller G. Labanara
J. Duffie P. Brodin
Transportation Committee
K. Hougardy S. Kerslake
D. Robertson Clerk File Copy
Mayor Haggerton 2 Extra
Kate Kruller, Chair
D. Cline
Joe Duffie
K. Matej e-mail pkt pdf to A. Le
L. Humphrey e-mail cover to: C.
Dennis Robertson
B. Giberson O’Flaherty, D. Almberg,
F. Iriarte B. Saxton, S. Norris,
R. Tischmak M. Hart, A. Le
AGENDA
T,S24,2013
UESDAYEPTEMBER
Time: 5:15 PM Place: Conference Room #1 (6300 Building)
Item Recommended Action Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a) Boeing Access Rd Over BNRR Bridge Rehabilitation a) Forward to 10/7/13 Regular Pg. 1
Consultant Selection and Agreement Consent Agenda
b) Thorndyke Safe Routes to School b) Forward to 10/7/13 Regular Pg. 49
Consultant Selection and Agreement Consent Agenda
c) Tukwila MIC Smart Street Non-Motorized Project c) Forward to 10/7/13 Regular Pg. 101
Consultant Selection and Agreement Consent Agenda
d) Tukwila Urban Center – Pedestrian Bridge d) Forward to 10/14/13 C.O.W. Pg. 141
Acceptance of State Regional Mobility Grant and 10/21/13 Regular
e) Southcenter Parkway Extension Project e) Forward to 10/14/13 C.O.W. Pg. 147
Project Completion and Acceptance and 10/21/13 Regular
f) Proposed 2014 - 2019 Capital Improvement Program f) Information Only Pg. 157
Residential, Bridges and Arterial Street CIP Projects
3. SCATBd
g) SCATBd August 20, 2013 Meeting Summary
g) Information Only Pg. 159
SCATBd September 17, 2013 Agenda
4. MISCELLANEOUS
5. ANNOUNCEMENTS
Future Agendas:
Next Scheduled Meeting:
Tuesday, October 15, 2013
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Grant Griffin, Senior Program Manager
DATE: September 20, 2013
SUBJECT: Boeing Access Rd over BNRR Bridge Rehabilitation
Project No. 99410408
Consultant Selection and Agreement
ISSUE
Execute a contract with Jacobs Engineering Group, Inc. to provide design services for the Boeing Access Rd over BNRR
Bridge Rehabilitation project.
BACKGROUND
In November 2012, the City received Federal Local Bridge Program funding for the Boeing Access Rd over BNRR Bridge
Rehabilitation Project. The grant funds were awarded for the rehabilitation of the existing Boeing Access Rd bridge by
removing all deficiencies whereby extending its service life and improving bridge safety.
The City advertised Request for Qualifications (RFQ) in the Seattle Times and the Daily Journal of Commerce on July 22
and 29, 2013 for a design consultant for the Boeing Access Rd Bridge Project. The RFQ submittals were due on August 12,
2013.
Six consulting engineering firms submitted Statements of Qualifications (SOQ) for City review. The City's Selection Advisory
Committee (SAC) reviewed the SOQ submittals and selected three consultants for interviews. Results of the interviews are
included in the attached Scoring and Selection Matrix. The Jacobs Engineering Group, Inc. was selected to provide
engineering design services for the Boeing Access Rd Bridge Project.
DISCUSSION
Jacobs Engineering Group, Inc. has provided a contract, scope of work, and fee estimate to design of the Boeing Access Rd
over BNRR Bridge Rehabilitation project and advertise for construction bids (see attached contract).
FINANCIAL IMPACT
Jacobs Engineering Design Contract
Contract Budget
$1,017,772.00 $ 1,353,000.00
RECOMMENDATION
Council is being asked to approve the contract with Jacobs Engineering Group, Inc. in the amount of $1,017,772.00 to
provide design engineering services for the Boeing Access Rd over BNRR Bridge Rehabilitation project and consider this
item on the Consent Agenda at the October 7, 2013 Regular Meeting.
Attachments: Vicinity Map
Scoring and Selection Matrix
Page 11, Adopted 2013 CIP
Contract, Scope of Work and Fee Estimate
W:PW EngIPROJECTSVb RW & RS ProjectsMBAR Bridge Rehab (99410408)IPEITransportation Com ' el(1) Jacobs Into Memo Consult Select & Contractdoce
1
Seattle -
icinity Map
:3reater ....
Project Site
S Boeing Access Road
Tukwila, WA
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Boeing Access Road over BNRR Rehabilitation Interview Worksheet
Consultant Scoring and Selection Matrix
September 10, 2013
High Score = Successful Consultant
Tukwila Project No. 99410408
Criteria
Possible
Points
Consultant
Tischmak
Anderson
Griffin
1.
Firm's Structure, Qualifications and Experience:
0 -40
DEA
35
37
38
Experience with similar projects, Experience with
environmental planning and permitting process,
Understanding of project, Approach to project,
Familiarity with LAG Manual and Federal Aid/WSDOT
KPFF
Jacobs
37
40
35
38
35
40
Standards and requirements, Past performances and
references
2.
Project Manager and Personnel Qualifications and
0 -30
DEA
27
27
28
Experience: Key personnel and resume including
project manager and sub - consultants
KPFF
25
27
28
Jacobs
30
28
30
3.
Team Availability & Anticipated Schedule: Ability to
meet schedules
0 -20
DEA
20
18
20
KPFF
20
18
20
Jacobs
20
19
20
4.
Presentation
0 -10
DEA
8
9
7
KPFF
7
8
8
Jacobs
10
10
10
Points
100
DEA
90
91
93
KPFF
89
88
91
Jacobs
100
95
100
High Score = Successful Consultant
Tukwila Project No. 99410408
Local Agency
Standard Consultant
Agreement
Consultant/Address/Telephone
Jacobs Engineering Group, Inc.
600 - 108th Avenue NE, Suite 700
Bellevue, WA 98004
e Architectural /Engineering Agreement
►i4 Personal Services Agreement
Agreement Number
Federal Aid Number
BHM - 1380(003)
Project Title And Work Description
Boeing Access Road Over BNRR Bridge
Rehabilitation
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
%
%
%
e Cost Plus Fixed Fee
Overhead Progress Payment Rate 118.43
Overhead Cost Method
DBE Participation
Yes ► =� No
►l. Actual Cost
❑ Actual Cost Not To Exceed
❑ Fixed Overhead Rate
Fixed Fee $
❑ Specific Rates Of Pay
Federal ID Number or Social Security Number
95- 4081636
Do you require a 1099 for IRS?
Completion Date
December 30, 2014
❑ Yes ►_� No
Total Amount Authorized $ 1,017,722.00
Management Reserve Fund $
Maximum Amount Payable $ 1,017,722.00
0 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
THIS AGREEMENT, made and entered into this
between the Local Agency of City ty of Tukwila
❑ 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
day of September , 2013
, Washington, hereinafter called the '"AGENCY" ,
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
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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:
1 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.
11 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.
111 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.
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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
AG ENCY.
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 3 I.
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
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third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of 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 materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time 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.
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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 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 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.
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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 (I) 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 in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to 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.
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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 (I) 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.
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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 By
Consultant Jacobs Engineering Group, Inc.
DOT Form 140 -089 EF
Revised 3/2008
Agency City of Tukwila
Page 8 of 8
11
EXHIBIT A -1
SCOPE OF WORK
City of Tukwila
S. BOEING ACCESS ROAD BRIDGE REHABILITATION PROJECT
Project Objective and Project Description
This project will provide preliminary and final design engineering services to the City of Tukwila
(CITY) for the rehabilitation of the South Boeing Access Road Bridge over BNSF /UPRR railroads, an
important connection between 1 -5 and East Marginal Way South in the north end of City.
The Boeing Access Road Bridge, originally constructed in 1944 and widened in 1965, is a five span
bridge, three steel girder spans and two concrete T -beam spans, supported on concrete piers
founded on H -pile foundation. The bridge accommodates approximately 40,000 vehicles per day,
with truck volumes accounting for roughly 10% of traffic. It is therefore essential that the bridge be
brought to current seismic and safety standards in order to protect public safety.
The project will be accomplished in the following three phases:
Phase 1— Bridge Rehabilitation Alternatives Evaluation
Phase 1 of the project is to assess bridge conditions and identify its deficiencies by conducting an
in -depth bridge inspection. Seismic analysis will also be performed to identify seismic vulnerability
of the bridge under current AASHTO design level earthquake (1,000 -year return period). The
findings and recommendations, along with associated costs, will be summarized in a Design Report.
Phase 2 — Final Design (PS &E)
Upon approval of the Design Report (Technical Memorandum) by the CITY, the final construction
documents (PS &E) will be prepared for the retrofit measures recommended and selected in Phase
1. We will perform the final design and prepare the final construction PS &E documents in this
phase in accordance with the City and WSDOT standards.
Phase 3 — Construction Support
Upon completion of Phase 2, the CONSULTANT will assist the CITY with review of Contractor
submittals, shop drawings, evaluation of change proposals, and responding to questions from the
CITY and Contractor. The detailed level of effort will be negotiated at the end of Phase 2.
Project Criteria
The seismic analysis, reports, and the final PS &E documents will be developed in accordance with
the latest edition and amendments of the following documents:
South Boeing Access Road Bridge Rehabilitation Project
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Scope of Work
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• FHWA "Seismic Retrofitting Manual for Highway Structures: Part 1-8hdges"
• AASHTO LRFD Bridge Design Specifications, 6th Edition, 2012
• AASHTO Guide Specifications for LRFD Seismic Bridge Design, 2uid Ed., 2011 with 2012 Interim
• WSDOT Bridge Design Manual — LRFD.
• WSDOT Geotechnical Design Manual
• WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (M41-10)
• WSDOT Standard Plans for Road, Bridge, and Municipal Construction (K421-01)
• WSDOT Local Agency Guidelines Manual
• AISC Steel Construction Manual, Thirteenth Edition (LRFD)
• City of Tukwila Design Standards
Items and Services to Be Furnished by the City
The CITY will provide the following items and services to the CONSULTANT that will facilitate the
engineering design and preparation of the construction documents for work within the limits of the
project.
• Available as-built drawings and information on other p jects in the immediate vicinity if
applicable.
• Rights-of-entry upon all lands necessary for the performance of the work, official
notices to property owners and agencies.
• Timely reviews of Jacobs submittals at the mutually agreed upon times set forth in the project
schedule and the consolidation of all review comments by others onto one review set.
• Compilation, reproduction, and distribution of Bid Documents to potential bidders and
interested parties.
Project Schedule
The preliminary project schedule will be developed upon notice to proceed for the project and
updated as changes occur. The anticipated major milestone dates are:
Milestone
Consultant Notice to Proceed
In-depth Bridge Inspection
Rehab Alternative Study
Start Phase 2 — PS&E Documents
30% Design Plans Completion
NEPA Documentation Completed
60% Design Plans Completion
90% PS&E Completion
Pre-Ad PS&E Completion
September 25, 2013
November 15, 2013
February 21, 2014
February 24, 2014
April 4, 2014
June 16 2014
June 16, 2014
August 15, 2014
September 17, 2014
South Boeing Access Road Bridge Rehabilitation Projec 2
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Scope of Work
(Continued)
GENERAL WORK TASKS
1.0 Project Management
The CONSULTANT will provide continuous project management and administration of services
under this agreement. The CONSULTANT will provide direction and review the work of the staff
and sub - consultants during the course of the project. This work element includes preparing
monthly progress reports, including the status of individual work elements, number of meetings
attended, outstanding information required and work items planned for the following month.
The CONSULTANT will manage the schedule, scope, budget, and quality over the term of the
Agreement. Current design budget status, as well as projections, will be developed. Periodic
monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. This may
include formal scope and /or budget modifications if mutually agreed.
The CONSULTANT's Project Manager will maintain communication with the CITY's Project Manager
and the CONSULTANT's Project Team via informal meetings, telephone discussions, electronic mail
and other means necessary. SharePoint will be used to share documents and submittals.
1.1 Project Kick -off and Coordination
The CONSULTANT will coordinate execution of the project and meet periodically with the CITY
Project Manager and staff. Some of the tasks include:
■ Conducting a kickoff meeting at the beginning of the project.
■ Developing the project schedule and updating it as changes occur.
■ Meeting with the CITY Project Manager and /or staff periodically, including design review
coordination at each submittal, including the rehabilitation alternatives report, and 30, 60,
and 90% of the final design.
1.2 Subconsultant Coordination
The CONSULTANT will provide direction of the SUBCONSULTANT and review of their work over the
course of the project. Monthly monitoring of the SUBCONSULTANT's design budget will occur over
the course of the project. Current status, as well as projections, will be developed. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. This
may include formal scope and /or budget modifications if mutually agreed.
1.3 Project Monitoring and Reporting
The CONSULTANT's project manager will provide direction to the project team, including
subconsultants, and conduct project coordination meetings with appropriate task leaders. The
project manager will monitor the project planned budget versus actual progress and take corrective
South Boeing Access Road Bridge Rehabilitation Project
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Scope of Work
(Continued)
actions if necessary. Jacobs will prepare and submit monthly invoices and a brief progress report to
reflect progress over the last billing period and anticipated activities over the next billing period.
1.4 Quality Control /Quality Assurance Review
This work element is for QC /QA review of deliverables by a designated QC /QA staff member of the
CONSULTANT team. The review will cover documents; reports; plans, specifications, and cost
estimates; and pertinent information on an ongoing basis. The program entails the periodic review
of study criteria, design, and assumptions, as well as concepts and presentation of product format;
and assures that the overall project objectives are being fulfilled.
The following levels of structural review will be performed for the seismic analysis and design:
• Bridge Assessment & Rehabilitation Evaluation Check — The checker verifies the inspection
details, rehabilitation alternatives and recommendations.
• Structural Design Check — The design checker verifies the correctness of the analysis input
and design calculations.
• Plans Check — The checker performs the plan check for the geometry, dimensions, and final
quantities.
• Constructability Check —The design team performs a review of the plans.
Assumptions:
• The CONSULTANT'S Project Manager and /or project engineer will meet (face-to-face) with
the CITY Project Manager on a monthly basis.
• Internal project team coordination meetings will be held on a monthly basis during project
duration.
Deliverables:
• Monthly Invoices and Progress Reports
• Project Schedule (as updated)
• Meeting Minutes
PHASE 1— BRIDGE REHABILITATION ALTERNATIVES EVALUATION
2.0 Bridge Deficiency Assessment
Initially, the CONSULTANT will gather information pertinent to the project, including as -built
drawings, bridge inspection reports, maintenance records, load rating, and utilities on the bridge.
In order to assess the bridge deficiencies, the CONSULTANT will provide an in -depth inspection of
the bridge early in the design phase. The inspection needs to be closely coordinated with BNSF and
UPRR for flagging and temporary right -of -entry purposes. This in -depth inspection will identify all of
South Boeing Access Rood Bridge Rehabilitation Project
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Scope of Work
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the deficiencies that are readily accessible and observable, and will provide an assessment of the
bridge condition.
Assumptions:
• The CITY will provide the existing information on the project as available from the record,
including from the City, WSDOT H &LP, and King County.
• The City will provide Traffic Control
Deliverables
• Structural Assessment Report
■ Photos of the bridge and site conditions
3.0 Survey and Mapping (1 Alliance Goematics)
3.1 Survey Project Management, QA /QC, and Administrative
This task involves the overall survey project management, quality management, and administrative
duties necessary for a successful project. Sub tasks include:
a. Project kick -off meeting
b. Communication and coordination
c. Supervision and QA /QC
d. Billing and Progress Reporting
3.2 Geodetic Survey Control (Datum and Coordinate System)
This task involves the necessary research of datum and coordinate system, location of current
monuments, and the field and office effort required to establish a survey -grade control network
from which to perform the field surveying and mapping. Sub tasks include:
a. Research
i. Datum and Coordinate System
1. Horizontal = NAD 83/91
2. Vertical = NAVD88
ii. Tukwila Survey Control
1. Horizontal
2. Vertical
b. Establish Site Survey Control (Field Effort) by GNSS and ground traverse methods
c. Process Survey Control (Office Effort) to check and adjust to industry standards
3.3 Field Surveying and Mapping
This task involves the fieldwork necessary to complete a topographic mapping survey of the project
area. This area is approximately 500 feet in length and 100 feet in width. Sub tasks include:
a. Top of Deck Mapping
b. Locate Geo Tech Borings
c. Cross - Sections and Ground Shots
d. Columns /Abutments /Walls /Beams /Pier Caps
e. Locate accessible surface observable utilities within the project limits
South Boeing Access Road Bridge Rehabilitation Project
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Scope of Work
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f. Locate any underground utility paint, by others
g. Structure Attachments as necessary
3.4 Office Processing and Deliverable Generation
This task involves the coordination and acquisition of existing 'legacy' data, the processing of newly
acquired data, and the merging of the data sets into an electronic AutoCAD Civil 3D topographic
base map. Sub tasks include:
a. Acquiring free LiDAR from the Puget Sound LiDAR Consortium
b. Acceptance of relevant City of Tukwila GIS files
c. Processing and quality checks of newly acquired data
d. Generation of deliverable
Assumptions:
■ Right -of -Entry shall be granted to lAlliance personnel
■ Sub - surface utility locates shall be provided by others
• No boundary work, including easements or legal descriptions, will be required for this project
Deliverables:
• Electronic AutoCAD Civil 3D topographic base map
4.0 Geotechnical Investigation (Shannon & Wilson)
Based on borings drilled for the nearby Sound Transit South Boeing Access bridge and borings for
the existing bridge, sandstone bedrock would be encountered at a relatively shallow depth on the
east side of the existing bridge. However, the subsurface conditions on the west side of the existing
bridge consist of approximately 45 to 65 feet of loose sand and silty sand that is followed by
weathered sandstone and siltstone. The depth to competent sandstone could vary between 70
and 85 feet.
Additional deep foundation support may be required for bridge rehabilitation to provide the
additional required axial and lateral resistance. The upper 45 to 65 feet of loose sand and silty sand
would likely be liquefiable and would provide minimal axial and lateral resistance. To provide
suitable axial and lateral resistance and mitigate vibration impacts from driven piles on the existing
bridge, drilled shafts or micropiles would likely be preferred. Therefore, axial and lateral resistance
of the deep foundations would be obtained from a rock - socketed drilled shaft or micropile founded
in the sandstone. Our scope of services presented below is based on this understanding of the
subsurface conditions.
The geotechnical investigation will be completed for the following tasks in a timely manner and
completed within the overall design schedule.
4.1 Review Existing Data
• Review available geotechnical reports and data from the previous projects in the vicinity of
the project site.
■ Review available LIDAR data and geologic maps.
4.2 Geological Field Reconnaissance
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• Geologic reconnaissance carried out by a geologist to locate the field explorations and
review the abutment slopes.
4.3 Geotechnical Investigation
■ Drill three to four borings. Borings on the east and west sides of the bridge would extend to
depths of approximately 40 feet and 100 feet, respectively. All borings would core at least
20 feet into suitable sandstone rock.
• Locate proposed borings at the site and retain an underground utility location service to
mark the position of the underground utilities. Relocate borings as required based on the
results of the utility location service.
• A truck mounted drill rig will be used to reach the proposed boring locations. Drilling will be
performed from the existing roadway. We would core through the existing bridge deck for
borings at the intermediate piers.
■ Coordinate with the CITY to obtain street - use - permits and traffic control plans.
■ Coordinate with BNSF and UPRR for flagging and temporary right -of -entry purposes.
• Obtain Standard Penetration Test (SPT) samples and rock core. Rock Quality designation
(RQD) and percent recovery would be recorded for all rock core runs.
• Review soil samples in laboratory and carry out index testing (Atterberg Limits, grain size
and moisture content).
• Review rock core runs in laboratory and carry out rock testing (Unconfined Compressive
Strength, Density, and moisture content).
4.4 Geotechnical Analysis
• Develop one subsurface profile using new and existing borings.
■ Compute design response spectrum for a ground motion with a 7 percent probability of
exceedance in 75 years (1,000 -year average return period). The design ground motion
response spectrum will be determined using the current AASHTO Standards and the
probabilistic seismic hazard analysis performed by the US Geological Survey. The boring
data will be used to determine the site class of the bridge area. Based on our understanding
of the subsurface conditions, it is likely that the east and west side of the bridge would have
a different site class. We will discuss the implications of site class selection with the
structural engineer.
■ A liquefaction analysis will be conducted to estimate the liquefaction potential of soil
encountered in the borings.
• Slope stability analyses will be performed for static, seismic, and post- seismic loading
conditions. If necessary the dynamic loading of the bridge piers due to a slope failure will be
determined.
■ Axial static, seismic, and post- seismic resistance of the existing deep foundations will be
reviewed. A similar axial analysis will be performed for drilled shaft or micropile
foundations that could be required for the rehabilitation. Axial analysis plots will be
South Boeing Access Road Bridge Rehabilitation Project 7
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Scope of Work
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developed for two drilled shaft or micropile diameters. Foundation analyses will consider
downdrag loads caused by liquefaction- induced settlement.
■ We will provide lateral soil resistance foundation parameters for static, seismic, and post -
seismic conditions. The structural engineer would perform the lateral deep foundation
analysis.
■ Spring constants will be provided to structural engineers for their seismic bridge structural
analysis.
Assumptions:
■ Borings can be advanced on the CITY right -of -way.
■ All drilling would occur during normal daytime work hours and there are no time restrictions
for drilling.
■ Environmental monitoring or testing of soil samples is not required.
Deliverables:
■ Draft Geotechnical Report. Report to include details of geotechnical investigation and
preliminary foundation recommendations.
■ Final Geotechnical Report
5.0 NEPA DCE and Permitting (Widener & Associates)
The use of federal funding will trigger the National Environmental Policy Act (NEPA) review process.
The project impacts may not rise to the level of having potentially regional significance; therefore,
NEPA DCE may be the best level of documentation.
Prior to receiving NEPA approval, a few issues will be documented, including the supporting
documentation for historic and archeological resources per Section 106 and a jurisdiction
determination per the USACE requirements of a potentially sensitive area on the southwest
quadrant of the project.
Due to the potential historic nature of the bridge itself, a 4(f) evaluation may be required for the
project. For the BRAC - funded project, it is likely that WSDOT and FHWA will allow a Programmatic
4(f) if one is necessary. This project is also likely to be exempt from consultations under Section
Seven of the Endangered Species Act.
All of these processes will need to be completed with FHWA as the lead agency and involve
coordination with the governing resource agencies to obtain approvals of the above supporting
documentation.
Once the federal documentation is completed we will use this information to support the SEPA
process by completing a SEPA checklist and referencing all the approved NEPA documentation. It is
likely this project will be approved with a SEPA Mitigated Determination of Nonsignificance
(MDNS).
South Boeing Access Road Bridge Rehabilitation Project 8
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Scope of Work
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Deliverables:
• Section 1.06 Report
• Hazmat Memo
• Section Seven No Effect Determination
• EJ memo
■ ECS
■ SEPA Checklist and Sensitive Area's Report
6.0 BNSF and UPRR Coordination (MCLogistics)
We will coordinate with BNSF and UPRR to keep them in the loop at all times, especially after the
submittal of the Bridge Rehabilitation Alternate Technical Memorandum and the City's selection of
the alternative of choice for advancement to full design.
We will assist the City Staff to obtain a Construction and Maintenance (C &M) agreement with the
railroads. It is essential to bring BNSF and UPRR to the table early in the design process to avoid the
risk of project delays and to obtain a C &M agreement.
The horizontal and vertical alignment will be reviewed to ensure that all standards are met and that
railroad clearances are maintained both horizontally and vertically.
Design will be provided for a work platform to be placed under the bridge during construction.
There appears to be a 3' -3" vertical space available at present (BNSF -UP Railroad Guidelines require
21' -0" vertical clearance during construction).
A strategy for staged construction, if desired by the City, will be developed for the construction
phase of the project.
Deliverables:
■ Construction and Maintenance (C &M) Agreements with the railroads
7.0 Design Alternatives for Roadway /Pedestrian /Bicycle Lanes
The Boeing Access Road between East Marginal Way and Martin Luther King Way is designated in
the City's non - motorized "Walk and Roll" plan as a future "bicycle friendly" route, with future
planned trails also tying in along the south side. No bicycle facilities currently exist within the
corridor, and only intermittent sidewalks are present along the southern side of the alignment.
Existing challenges to non - motorized connectivity and safety include restrictive widths crossing
three bridge structures, vehicle speeds exceeding 40 mph (signed speed limit), heavy truck volume,
and multiple on -off ramps from Airport Way, 1 -5, and Martin Luther King Way.
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Scope of Work
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We will develop preliminary bicycle and pedestrian concepts / alternatives that safely and
uniformly connect the entire Boeing Access Road corridor between East Marginal Way and Martin
Luther King Way that can then be programmed, designed, and constructed over time as funding
becomes available.
We will coordinate with the CITY, prior to making any single non- motorized improvement to this
segment, that a plan for the entire corridor that facilitates the "Walk and Roll" is supported by the
City's stakeholders.
One alternative to consider is a single non - motorized path along the south side of the corridor.
Reasons to consider this alternative are:
a) less total width is required to establish multi -use bicycle /pedestrian facilities along one side
than segregated facilities along both sides — therefore less widening and /or lane narrowing;
b) the south side of the corridor crosses only three on /off ramps (versus five on the north) —
therefore minimizing the number of vehicle conflict points;
c) the south side of the bridge can be more easily widened; and
d) the City's plan shows future connection to planned trails adjacent the south side of the corridor.
Deliverables:
■ Preliminary Plans for non - motorized paths
■ Discussion on evaluation of non- motorized paths in the Design Report
8.0 Bridge Rehabilitation /Seismic Retrofit Alternatives Evaluation
Upon assessment of the structure conditions from the in -depth inspection, we will perform
evaluate feasible bridge rehabilitation alternatives in accordance with the requirements of the
WSDOT LAG Manual. Some of the specific rehabilitation items may include, but not limited to:
• Feasibility of bridge widening to accommodate non - motorized paths along the bridge
corridor;
• Repair or replacement of the transverse expansion joints and longitudinal joints;
• Repair or replacement of the poor column to bridge superstructure connection at Pier 3
(expansion joint between concrete and steel girders);
• Replacement of the steel rocker bearings for the steel girders;
• Repair or replacement of the damaged concrete barrier at the southeast corner.
The CONSULTANT will also perform seismic analysis to identify seismic vulnerabilities, using current
AASHTO design level ground motions (1,000 -year return period). If vulnerabilities are found,
retrofit alternatives and recommendations, along with associated costs, will be provided.
Specific tasks in this phase include:
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Scope of Work
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■ Model the bridge and foundation structural response utilizing foundation springs developed by
the geotechnical consultant base on the level of ground motion at all piers and abutments.
• Determine the bridge displacement capacity using the Method D2— Structure Capacity /Demand
(Pushover) Method of FHWA Seismic Retrofit Manual Section 5.6.
• Determine the seismic demands on the structure using the Multimode Spectral Method of
FHWA Seismic Retrofit Manual.
■ Model the bridge structure with appropriate foundation springs at all piers and abutments,
which will be provided by the geotechnical study.
• Determine Capacity /Demand (C /D) Ratios for all- relevant failure modes for all bridge
elements, including but not limited to: Girders, columns, crossbeams, abutments, bearings,
expansion joints, column to crossbeam connections, and drilled shafts.
• Develop retrofit alternatives, to the extent possible, for the elements that are above or near the
ground level, where they can be inspected after earthquake events. Recommended retrofit
measures shall, to the greatest extent practical, result in post retrofit C/D Ratios that are
greater than 1.0.
• Prepare the findings and results of analysis and recommended retrofit alternatives along with
associated costs in a technical memorandum and present to the CITY.
Deliverables:
• Preliminary Design Report (Technical Memorandum) — Prepare a draft memorandum that
summarizes the analysis approach, rehabilitation and seismic retrofit alternatives, rehabilitation
recommendations, and preliminary cost estimate. At the approval by the CITY, the report will
be finalized and submitted to the CITY for record.
• Presentation (Optional) — If desired by the CITY, a presentation will be made by the
CONSULTANT to the CITY to overview the overall conditions of the bridge, in -depth inspection,
rehabilitation alternatives, seismic analysis and retrofit alternatives, and recommendation along
with estimated costs.
PHASE 2 — FINAL DESIGN (PS &E)
Upon completion of the preliminary engineering for bridge rehabilitation and seismic analysis phase
and approval of the Design Report by the CITY, the CONSULTANT will prepare the final design /PS &E
documents for the seismic retrofit measures recommended and selected at the previous phase.
The final PS &E documents will be prepared and submitted to the CITY for review and comments at
30 %, 60 %, 90 %, pre - final, and the final completion levels.
9.0 Conceptual Design Review Submittal (30% Design Plans)
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Scope of Work
(Continued)
Develop preliminary bridge rehabilitation and seismic retrofit plans in accordance with the
recommendations in the Design Report. The Plans will show the major features of all retrofit
design elements, dimensions, existing conditions relative to the proposed retrofits, and other
critical elements.
The CONSULTANT will also update the construction cost estimate from the Phase 1 work to ensure
the overall project
Assumptions:
• The Plans will be prepared in the City of Tukwila standard title block.
Deliverables:
■ Conceptual design plans (11 "x17" sheets)
• Preliminary construction cost estimate
10.0 60% Design Plans
This will be a progress submittal of design plans to provide an update for the CITY staff on the
design progress. All plans sheets will be developed and included in this submittal.
Deliverables:
• 60% Design Plans (11 "x17" sheets)
• Preliminary construction cost estimate
11.0 90% Design PS &E Documents
The CONSULTANT will prepare the PS &E documents incorporating the responses to the review
comments from the 60% submittal and bring the design to a 90% level completion. This submittal
will be reviewed by the CITY staff to assure conformance with the CITY standards and WSDOT
Highways & Local Programs guidelines. The submittal will include:
• Cover sheet including project title and a vicinity map;
• Bridge layout, elevations, and details that will clearly show all information needed to
construct retrofits, requiring only minor edits to advance the plans to contract quality.
• Prepare Post - Retrofit C/D ratios for all applicable bridge elements and failure modes.
• List of bid items;
• Estimate of Probable Construction Cost and Quantities with backup calculations for quantity
calculations.
■ Contract documents and specifications including Special provisions and listing of CITY
standard specifications, with fill -ins.
Assumptions:
• The CITY will provide the boilerplate for the Division 1 of the Contract Provisions.
■ Specifications will be based on the 2012 Edition of WSDOT Standard Specifications with the
current amendments
South Boeing Access Road Bridge Rehabilitation Project 12
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Scope of Work
(Continued)
Deliverables:
• 90% Plans (half -size 11 "x17 "), Specification and Estimate
12.0 100% PS &E Documents
The CONSULTANT shall prepare the following in accordance with the CITY's review comments from
the 90% final design and coordination meeting and in accordance with regulatory agency permit
conditions:
■ Prepare Final Documents incorporating responses to 100% PS &E comments from CITY staff.
• Transmit 100% Design Plans, Project Provisions, Special Provisions, and Estimate of Probable
Construction Cost to CITY for final review.
• Preparation of a final list of bid items, quantities, and a construction cost estimate for a set
of signed and reproducible construction contract documents.
Assumptions:
• The number, format, and tent of plan sheets will generally remain unchanged
• CITY's review at this stage is for the purpose of verifying that comments transmitted at 90%
completion stage were incorporated into the 100% documents, as mutually agreed. It is
assumed that "additional" design comments will not be generated at this stage.
Deliverables:
• 100% Plans (half -size, 11 "x17 "), Specifications and Estimate
■ Final structural calculations with in electronic file (on CD)
13.0 Ad -Ready Contract Documents
The CONSULTANT will incorporate comments from 100% submittal and then assemble all plan
sheets, general and special provisions, cost estimates, and associated documentation for submittal
as an Ad -Ready PS &E package.
The CONSULTANT will upload plans and specifications to Builders Exchange.
Deliverables:
• Ad -Ready Plans (three copies in full -size 22 "x34 ")
• Bid documents with half -size Ad -Ready Plans (11 "x17 ") and specifications bound together
with bid schedule, standard details, prevailing wage information, all necessary appendices
• Bid submittal packet
• Engineer's Estimate
14.0 Assistance during Bid Period
The CONSULTANT shall provide assistance during the ad period for construction bids consisting of
attending a pre- construction meeting, answering bidder questions and preparing addenda. Review
low bid and check references.
South Boeing Access Road Bridge Rehabilitation Project 13
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Scope of Work
(Continued)
PHASE 3 - CONSTRUCTION SUPPORT
The CONSULTANT will provide engineering services during the construction phase of the project. The
CONSULTANT will be responsible for interpreting the contract plans and specifications and giving
guidance to the CITY regarding the intent of the design.
The following tasks are currently identified but the details will be negotiated at the end of Phase 2,
prior to construction start:
• Review shop drawings
• Review construction materials and other submittals
• Respond to RFIs from the Contractor and CITY staff;
• Review structural calculations prepared /proposed by the Contractor
• Provide answers to bridge construction questions
▪ Site visits as requested by the CITY
• Attend construction meetings as requested by the CITY
• Assist the CITY in conflict resolution (if any)
• Assist the CITY in preparation of change order (if any)
• Prepare as -built drawings.
15.0 Bridge Load Rating Report
At the conclusion of the construction activities, our design team will prepare a load rating report
reflecting the completed rehabilitation work. The report will serve as documentation of the
improvements attained from implementing the bridge rehabilitation work. The load rating report
will be prepared in accordance with the latest edition of the WSDOT Bridge Design Manual.
South Boeing Access Road Bridge Rehabilitation Project
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Payment (Ng „„, tiated H urly Rate)
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Afyl K J d hordloa Ped Such rr,,y,tortcllt shol tire lull epunpensaeloil hal; wort peTropyvtA
run:pods rendered and Ir vt neni, rind incidenials iier„essahy munihrddie Oho.
pork. lire CONSI„ll rA\ torta t000 roan to, all arfrphicande pv n U CFR. Pari 3
D 0
0 on, t y . v,:takts o he it C N L LTA Sh;',AH'ilt lhu AGENCY for work, dColi De, 11:,irdSeli„1 orK,oulhe
liOCHJI0fiah„;'d hCloUrVy 0c:oven in Ildxhihn ;.-hard "F2 auachecl hereto, and by Oils reference made
part thls A„C„ill.FIDNIENrr„ The ralice; k d shall Iry appukootqe for like' Pis) iosolvo 2) mord 01
period 1iul shall he sobjeci penrdlaPon 1hr ihn hod Orodann, \VC h,,C. 10 ) MICH* h onniod noon rcdraosi
he chlos.;,c, .ihyrAishr pr du; AGEN( re nit.A condor:tot urn' the sc,dsonal or
subscal W:111 IHA 11 2) ire:will pccinds wlthin nincly (;)01 days a hor Ca"Nn Mu:Jill:111i a previous
perloul„ ihc phes hood his AGRElliMbilhh. or subsequend syrinen nonhonizasionlls) Iron)
A(ohN)2P shall
h 0i c inclusivy oh dirchrd salaries, payroll noldlinvos, ruderhcadd
anal Feu, Thc 1, d A I shall !imam= suppco data in verily ihe hours billed on he
A(.4tt0 IENI.
rllps„d Non-liblk.lay psis- Doroul on u";°, %%00 he reirriroirseil ai hy Acura (los) br
CONSu LLA L OhL ssu chaicro) may lincludcs bid pre ium Chinned nd, Folk:swing ravel,
prini Don) cllstaiwe irdriphoned snryl CONliqpi„%; 0811d oo OLon OYSIS.
11, Air Of train tido hl o, ill he id,‘„'lrrilhaissed onlO ho, eeonOiny eh kuck
nnnerwisr: apprfihed h dud Ncl:Yl, -rho cron,,...,s„tlori,„(ttrr shal0 comply 11 h
lhe Ol, 1pdlons retuiddlihd,tra\ el costs ihrsNI:hidlou„; 301 ralini„ and et,„^,0111
ail' hosts 0 an.coollanolr 11dh On A.(lal„NCY'S Travel ttkttt a 1(0 procedures,
hkriall,p,a2r, dip thrnn, 031 0. 110 car 10 o0 ;alai U l)r relrahorsed vn i adlai
0 O 01 ; 24)5- 06 '0 raN el Cos
hic 00 9 00111 Noo 3l irlosus shall inc hide an VIQC /ed h 1031 ";;!,
C har, Ls diroci ; V he PRO.1111711:
Vic COlsPrsi.) \ D 1 110 110,vu11111 the 30 .,40n:1 support chxonious lihesir
nl rico, (20:des ol Ili1 0'00 1 30 11)11)01100 311300 hall be supplied lo Ira!
00 10001 !lopes),
th.)\• Cliar"...tC1: 11.111N O 111C.,..:C'S.,.44.ry kW 1111'e 0.C,CS [WON 'tldtiN.. Under this
.),COR.02E0';„
binagronnoili Ru‘so )iial- he nory Olesire 03 ustablisl) a 6031 100 l?„eser; e Flip id to
ra oh idle oho „Pq.Aynoi)iciu Ailhanustralor 00 001 hoc Ok 001 oD 0 0 dudiorlze Id 000 110 Iniulls Ito Oho'
Di 10 0 001 ollkadddble cm 0 63.,:;,;,.10,2C qlk COSI 1 00 reirnlinrsaill,! the (20h;Slil TAN 0; ror OoUo 0130
wr-allr„ 01o1fl( 0003030 rcanly defined On a:his A 00H \00 fl o0 h nalharixanion(sl lhe in hurniiirn
and shall hrol oschossd rin„:.
de..ser ol 01000 „l1011 or 011ru or Iloilo rota” A 1,1001000" t\,whorized as alle,‘vs, 011011
011 1 000101 0 0010 .ACIIRIllId\iltiltddll The 0001 000 included horilne Mainiguinoin H 1, 3.00 Ilhand is s00[1)'0
00 10 00001100000100 0' h e\C„.„.;114,",ii,EIN10)2PlO0 001 00 1( inc‘ly 10100 replkollshecO, cl;drud h3 1100, 01000 0000100
additlonal cosas in 1110 i (11'0111 lulaira))enhoid Reserve lUnd Shal ho made 000,0000 hance 'with
;nerd lon 0 V, l'Exora \„Vork,2
„7,01111I 4C,CMS ExtirAl D;,:1
F',"aveosed
27
Mannadan maI A hV v (y)(1sInimp l040 Arniymq pii)„,0,0iwii hi) Hhi evniiawny tihi
I„110.)r,„crA or TA N r under Thk; AGIREITIMENI °dad I not exceed the arohnol :shoe, n in h head One nI
the, ACIREFIN1EN I rho Niwcirhatin roud Aravand thayabOn c(»rnprined ol the 1 ,dad Androul
Atahmi/ed, uncI the Management Reherve Fund, The IMaximtual I cddI Andhamt Pay aide does not
Inc Irak!' plyonent dui In‘cdno Wor110, a :1ton XIV. -11-Nua Won, No nohaInnow
among° payable Is u,ual-dancen urdEr l'00,0I-(11°117,N1I„°,0E(T.
MculthIly Preannech Vayhrilds°, Prortreq,, pd)tillelir0,,, may he a-dulled on unonddy hash, fo$ cond;
audion/ed in I and 2, alio\ (.00, I he cdoolthhc hihaH be supported by detailed statoments for
horan, e \pet aded aI rules, ended IsItod ItxhIltat 13". incIudino names and cladsIme.mh,n,,, of all
(IIIIIVII"`,00°s• Tod 0IiItImI•In hor aft Idher(01 non-saIncy 00:x0°r:eases, provide d Irtaans olIXerIE bay the
0 Ved ^,,10;,fi'y rou Vu (:1(1)Nst 011,10 A \ "S .1he iI10( Ih.NCY maN vanuInct clipnia00yeL,
nyit„:1\ iffic:1‘ pcays 11010.■ 00 recordom4 the name°, tot salldn, raw°, and )reseno
chn Ns or thos,c, eropbh■ecni perhorinIne viaark on the I'll•II.0„tia7i 'v'r.fic
Ind 00h:1)(n-wan: Phn went carom bialaiwe Woe the (I(.„)N0)°00IJI„ FA NI 0,1I 101c unrrOm10 earned
(0. ItI mmIc IttoId10 IIPon Its atIon Ihe 0k(it NC0)' altor the coIIIIIIcttoll IA the vIort,
landur this° ActROLMEN „ cum ingen t bawd ecuipt adi 0n nokny (choirs,
icicchronie cOara /hod other wh0lt:CO dcliewneffiq II6ch are bane ned IlualkIre0d under thin
r;„ FEN1FN-11 of d, payuwni h cit,r°04°Ii0,000 (IAN 00000iimh coimbakne
rhIhase dblee, hOr
fl \\ Inoh the r(„7„ON SI II I AN 0 nyoiN, A( 0\(
unIess daub elaIrds are specIncany recirarved n mnt ued to ha.° AChENr.. Y 0 hno
vrAN oner acceptation Silic,11 Hued pa) HL w 0 00 cv D,,,,
ch6m, tuay asnainst rAN I or ti3 an\ romecitex 11E000 A( d.,\R
una■ pursue %vIth oasnont sawe ehnons,„
pnGuent 011 „tin, una a.„ofthit :tlgreenlieul hi, ht,': alyroprrnwnc,,,,, o0 .trn, it‘in
and at On: n C t I n o u l l a u d i t , a n requIred adjustments v k 0Oh 0,0 made and relict:bad In a fin
InlyearnL In thq,( evont thm quch final audit revehols,"Th overpayoident dv the C()NSEtLIANT, the
(130(NISLILTA NT vaiII rebuild such overpaynnatt io the AGENCY willUn Thirty (30) days ol not Ic•n
of the cheerpayinent, Such refound shall not honstitude a waiver h Idle' CON ,St ,T,ANT bar any
eVainet whit:Ian, to the YaIidity or a Ilidiern by floc A(3nEINC'Y overpaymead, The (3.001XISIld AN O
has twenty LO 't days i0.(r receipt of the final 0 ):Ii0; F All Did- It) IL:!. rt Ihr procoss (0e thu
ACIIENK3Y bor audit hnichions,
°I I 01•00cpeo ion oiCost Reedvrds: The CTINSULTANT and th • un ;u0 n i dO keep avadiabbi00
Inspect Ion by represernatIves 000:0011fic AGEN( Y. OA 01 and the 1„,,Inited Slaws, for a perIoc( o0 chrei:
(3) yecurq aller reee0p0, hrh payonew, the COST r0(::Orctir Orid perVanliOn!
iitcms rohcv h) or hvedring upon these 10 chords \\alb 0 Vowing
oNaiandIon: ilany flflR claim or audit taishd,t q0cit RO n . anawetIna wit in or rehdhal 000 Is
noun rac0 InOt idled OR' lore the° ecc.pirat of chr° three (3) yuar period., the cost reel-anis and dr:counts
shah he nilabaul man such
0 InvollyInn, the records coonplIcted„
28
Project Name:
Project Number:
Consultant:
EXHIBIT E-2
Consultant Fee - Specific Rates
South Boeing Access Road Bridge Rehabilitation
Jacobs Engineering Group
NEGOTIATED HOURLY RATES
Name
Kevin Kim
K8neinB`Aauag
Niftalem Bekit
Hana D'Acci
Bonnie Prather
Rachel Alt na
Curtis Black
Tim Hedges
Andrea Stott
Brooksie Barton
Aaron Sherry
CnUinCobotbat
Subtotal:
REIMBURSABLES
Classification
Project Manager
Sr. Structural Engineer
Structural Engineer
Design Engineer
CADOTauhnician
Project Assistant
Contact Administrator
Roadway Lead
Roadway Engineer
Signal Engineer
Drainage Engineer
Civil Engineer
Overhead Profit
Hours DSC 119% 30% Total
748
1,024
1,548
1,480
1,056
40
40
106
222
64
48
220
6,596
$88.57
$64.00
$40.00
$28.50
$43.00
$23.00
$46.14
$71.00
$49.00
$48.00
$53.00
$29.00
$104.96
$75.84
$47.40
$33.77
$50.96
$27.26
$54.68
$84.14
$58.07
$56.88
$62.81
$34.37
$26.57
$19.20
$12.00
$8.55
$12.90
$6.90
$13.84
$21.30
$14.70
$14.40
$15.90
$164,632
$162,857
$153.871
$104,817
$112,839
$2,286
$4,586
$18,702
$27,032
$7,634
$6,322
$15.854
Mileage
Reproduction (copies, plots, etc.)
Miscellanous
Subtotal:
$200
4000
300
$4,500
JACOBS TOTAL
SUBCONSULTANT COSTS (See Exhibit G)
$785,933
Shannon and Wilson (Geotechnical)
TranTech (Inspection and Load Rating)
1 Alliance Geomatics (Surveying and Mapping)
Widener and Associates (Environmental Planning and Permitting)
MCRail Logistics (Railroad Coordination)
Subtotal:
$84,627
$72,326
$12.833
$51,640
$10,413
$231,839
GRAND TOTAL
29
F“'„xirlibit F
i3re k i v of Overhea . Cost
Account Titi o $ Beg nn ing Totat "/0 of Drec t tr.„.abor
1..)oreci
(Dva,r11 er:;:i 0 EExpens ES •
F V CA
U.Jruc.,rnir.)Ilaynlieru
He',30thiAczucterot !Insurance
MechcaV Audi 8, frudustrua llo s ranee
HoludayNacatoorqSick L.,,ea ie
C;conroussJorullBorotusilPernsuc)n
Iota V OF"'Curtge Benefit.s
Genera Over hPad
St a te B8,0 -I a X eS
Insturaruc;,e
Adrn nUstrat (...)ru 8, T me Not Ass'ignabk,,,
Prurltuuu J St.iliouDruery & Sup plIues
Pr(fessoora SeTvuces
.t.la.veD rien: Assg rua bile
Te0eF»hone '8,' TeVegraph Not AssignabVe
Pees, E)[;,ues 8, Profess lic)rva0 rvleetungs
tJtullotues & Mau Fl ie nanc a
Professvona V C)ovellopnlent
Ego...uupolc ro1i. Si.upport
Offiic 0 , Mtscelllaneous & Postage
C3eruer0 Overhead
'rota° Ovei (Gerw..rz.:fl -f- Frlinge)
0 v (.:1.rhea d Rate (Iota V 0 veril eadiDi o0 L..a bar ',.•
()Cll.' H OF Irtll 140 (074 tiF
:5C.1 e d3 5
30
EXHIBIT G
SUBCONTRACTED WORK
The CITY permits oubcnotracuforthxKoUowi,gpnrbnnoo[thoworkoythcAORBBMBNT:
SUBCONSULTANT
Shannon & Wilson
TranTech
| Alliance Gcomxio
Widener &Associates
MCLogistics
WORK DESCRIPTION
Geotechnical
8r Inspection & Load Rating
Surveying arid Mapping
Environmental
Rail Coordination
AMOUNT
$ 84,627
$ 72,326
$ 12,833
$ 51,640
$ 10,413
31
EXHIBIT G-1
SUBCONSULTANT FEE DETERMINATION
PROJECT: South Boeing Access Road Bridge Rehabilitation
COMPANY NAME: 1 Alliance Gcomatics
NEGOTIATED HOURLY RATES:
Classification Hours x Rate ,,. Cost
Principal Surveyor 3 x $ 151 $ 453
Survey Project Manager 8 x $ 121 $ 968
Project Surveyor 14 x $ 111 $ 1554
Technician V (Field) 40 x $ 88 $ 3520
Technician 111 (Field) 40 x $ 69 $ 2760
Tech V (CAD) 38 x $ 88 $ 3344
Admin 2 x $ 55 $ 110
Some rates may vary depending on personnel utilized.
REIMI3URSAI3LES:
Alisc disbursements (mileage, prinling cosls and the like)
Mileage at 44 miles at $0.565 = $25
Misc, consumable supplies, wood, flagging, paint
nails, printing, etc estimated at $99
TOTAL = $ 12,709
TOTAL = $ 124
GRAND TOTAL: = $ 12,833
32
EXHIBIT G-1
SUBCONSULTANT FEE DETERMINATION
PROJECT: South Boeing Access Road Bridge Rehabilitation
COMPANY NAME: Shannon and Wilson
NEGOTIATED HOURLY RATES:
Classification Hours x Rate = Cost
Principal in Charge 11 x $230 $2,530
Associate 52 x $170 $8,840
Senior Engineer 33 x140 $4,620
Project Engineer 204 x $110 $22,440
Drafter 18 x95 $1,710
Clerical 9 x$80 $720
TOTAL = $40,860
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
Drilling = $39,366
Soil Laboratory Testing =$4,252
Misc disbursements (nzileage, printing costs and the like) =$149
TOTAL = $43,767
GRAND TOTAL: = $84,627
33
EXHIBIT G-1
SUBCONSULTANT FEE DETERMINATION
PROJECT: South Boeing Access Road Bridge Rehabilitation
COMPANY NAME: TranTech
NEGOTIATED HOURLY RATES:
Classification Rate = tion Hours x Cost
Senior Engineer 200 x $163 $32,600
Staff Engineer 320
x
$30,080
CAD Tech 8 x102 $816
Clerical 24 x $55 $1,320
TOTAL = $64,816
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
Bridge Access Equipment Rental with Operator = $7,000
Misc disbursements (mileage, printing costs and the like) = $500
TOTAL = $7,500
GRAND TOTAL: = $72,326
34
EXHIBIT G-1
SUBCONSULTANT FEE DETERMINATION
PROJECT: South Boeing Access Road Bridge Rehabilitation
COMPANY NAME: 1 Alliance Geomatics
NEGOTIATED HOURLY RATES:
-,,,,
Classification Hours x Rate Cost
Principal Surveyor 3 x $ 151 $ 453
Survey Project Manager 8 x $ 121 $ 968
Project Surveyor 14 x $ 111 $ 1554
Technician V (Field) 40 x $ 88 $ 3520
Technician 111 (Field) 40 x $ 69 $ 2760
Tech V (CAD) 38 x $ 88 $ 3344
Admin 2 x $ 55 $ 110
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
Misc disbursements (mileage, printing costs and the like)
Mileage at 44 miles at $0.565 = $25
Misc. consumable supplies, wood, flagging, paint
nails, printing, etc estimated at $99
TOTAL = $ 12,709
TOTAL = $ 124
GRAND TOTAL: = $ 12,833
35
EXHIBIT G-1
SUBCONSULTANT FEE DETERMINATION
PROJECT: Boeing Access Road Bridge Rehabilitation
COMPANY NAME: Widener & Associates
NEGOTIATED HOURLY RATES:
Classification Hours x Rate = Cost
Project Manager 139 x $154.00 $21,406
Project Biologist 308 x $86.80 $26,734
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
Cultural Resource Report
GRAND TOTAL:
TOTAL = $48,140
= $3,500
= $51,640
36
EXHIBIT G-1
SUBCONSULTANT FEE DETERMINATION
PROJECT: Boeing Access Road Bridge Rehabilitation
COMPANY NAME: MCRaiI
NEGOTIATED HOURLY RATES:
Classification Hours x Rate = Cost
Railroad Coordinator 114 x $90 $10,260
TOTAL = $10,260
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
Mileage = $153
GRAND TOTAL: = $10,413
37
Exhibit G-3
Break Subconsiiitants 0 erhea ,„;ost
Account Tgge $ Beg nning Tata % of Direct Labor
Dant Labor
Overgiooiaci Exec./Lir:Lies
!PVC A
lioot vooroon°11pV0yrflerlt
5 , ` , . ‘ a h . 1 5 , 1 ' A CCU d e VnsoLorance
M a, d ea Ao Li 8 6 n d Iry a t rig 6 6 n 111 rancroro
cL l'oro. Le a. VC
(on mossooni'Bonus/Pensoari
Tro)tai Fringe E3enefOts
liorOOoeireLal Ovid
State B8,0 Taxes
Insuo Lowrie
AroirnVioto 5 t 'Lathan & "Torone Not. Assugn OVe.
Enroll orw Statoonery 8, Sapp oes
ProiessoonaV Seances
TraoroLrooV doxesogriabiLoo
ephone 'TeVegraph Not Aesop naldie
Proiessuana0 ValeaLionogs
toes 8 M710 nterorrincer
ProVessoonal DevEtIoprnent
Foierit
loOrOgo...uoproEnt. tt:Frtipport
()flour, MoscreV aneous 8, Postage
co)tall Generall Overhead
Total Ove.rV..v ea d (4eneraV Fring e )
Overhead Rate (Iota° OverheadlDli eCt La bar)
DC) 'f 140 ii.;0q
38
Exhibit H
1t.,e V As s u ra nces
6 leo 06e„,...105666 p66,..60 ior6666.66L65) 0166066666 AGREFAMENT, doe fi'0616)6665S60„,,,,i6„;FA6561:6. bob assignee'', Dna 635.6666(.665560665,66500 66),
or666„66565606 al:666566n 6.16; I6011116.60660ob
00 U00 00 on$: The coNsw 0000 Ji000vo fic, une,-
(11v4c-nruurraiou. 656 60566,16616656666,6 assisbed proebbi66666s, 0,5d' 66)0 ACibit)XN,T006e 619, Code 66616'651 16„66rall R6,!606i6(065606,;„ Pao]
L
4 66,061ey 666.660,,y Lni,6 6000606666666,605d 6bo001 0 bleb) 0".166:0 0,Ibroe (6660666beinalocr 0\66'6616(616660666,6 065 as s,064 r466,(6661,36,.,yruLyi,pil 00 li
0.66.50-a66.66Laca 65\0 655166,6o6650666,5 6566d wade ,T1 pen °Calk AC6 REE:0'661666:05-1„
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39
hroorpormicoo hill'rheyhhhorott: CONSII LIOTAN R UdL VL prt.ovi,teheoh ohpaporthrophh ( :jo 04horooth
eht evory onhoccoortort, ine6hdlhott prechrtoneno himouniak, Und VC"d:SC:S', eLpuipmclo, DI)
Rui,cm direeliaots 'issued pro:show Iherthw ho (thtr)oh,SUILOLA shetdd hi.kc :hoch
at. Oh oteeroto vo Any owthecoreeo taIll co, ocw, efi vt:Th he A (i y \t„tA dircei a „a
eothlort enhoeing huch [rho heront, uh„Olothhat t,:o,tro.lhons ref huh octohoditmare
Proa'odeti, Votoyeacr, ulthe oven! ON'.,;(G.J V V AND' hecon [ter, haachatoi clpr dareallerved dh„.
D.1114:!Mic1111 w 111h-CCU1SAWNIM sohordrer tht o dketAt'ho, dot: IC teY:V.,Sa„11 II AN V oho) oegtocol
It he '‘O'dieNt., mth:11 oho.: kt la V 11- chheT hoe, sheh V it Otho kph pR»Icavvvl OH: VnlevrLvvt.S, lo \ tUfidi
\VV arid, m olu000 o t„„'ONI,Tirl„hl, taN V unto,. requiem uhe "nidedl Shoes evuer hoo huch Ilkit:ahrotro lho
cote:11 the heh:reoht die t hhrrhes,
40
Exhibit
Payn ent Upon Termination of Agreement
By the Agency Other Than for
Fauit of the C - isult4m t
(Refer to Agreement, Sec i n X)
Su i Cotracs
A [mod poor, ooieno shun he nude fro ohe CH\ kvoLvO I AN If hoeVo N000hen 4VddQd Wan paymems p000 noins1) made slinVII
totol ohe sank perQc:ntagc ivvvc V..Vflfl) Vfl1 vivvvonoivm 1,he \v‘ovvv,counpleicd iiione or oerminao ion Is Po tht:
1,00M ock recouned roovio vh 11:01I-C Iv, In 11VoRino the ON;Ovt [ANT sholl h INvid wnvi ,ioldho6reci i.00mra
v■ owls iiiivenoiOeved,
Cost Plus Fixed Fee Contracts
find payinenv shall madc o he CCNSULTAN which hen added io an) pa) uncoils, pro, Oiths1) vraik, shall
loovaiiI dU foirovnood oevava plot, ohe saline ptv.vookaLov000aloe ioolthco ViNecl lee as doe %,,,Ook voiovoomplettoti at oho: oink: o.,o1 fiorminivIOon
or.vo 11 he Ro1io0 wo requOred for ohe Projecvo, fl aiOdiovi(von. floe CON'-,1.' I I II shall be rood Vorom\ iiirohoriked evora
V(vi coonpOilLood,
Specific Rates of Pay Contracts
A rooloaV payouou shun hi: onovocko oi-vo olvoc CONSULTANT Ovor actual hour, ehrovr000eiV ILL Come of lerminoionou olvoIns
,A6REEOVIV:if‘rf plus ;ri Jve nons,:olary L0000sts incurred vat the hone iiliennhoralion v onhOs AURIfiliaNdOviNvf
Cost Per Unit of ork. Contracts
mem shaIl he monde rr ihe CONSUL Ovv NT lor kvork connofleicao a ifie time. (oiv
ovioronvoinOa"on ohio, \CIRO filvilhiNvvr.
DOT r",....Jt 14C.OP I: 11
41
Exhibit K.
consuitant Cairn Profs eciil le S
T1002 p440p0)^404„:" t.0r 004 44; 4:NAV 00100V '1.4"0 00:0 roebsrribe orsorbscho0 U 1 ij L IOVUVVI(S11, 00 ICOIVOffianll vovovolscconcovv, Ilvrov Irk:dh,,ro, orgy
procbdures shovv0v onhe von r;rovodll ono c(vvorovvVvvonei o. Odious greaver boa7vvoo $ V.000 111'1111 ve (-11,0VsvdVt;001o.'s da alic o
so ooioo 1 10 040 o U h porw,,,,vd 111-trci,u,:!!1,1k lv evonOvvved S¢Vg„1.,IL",11.Cd I VV;11 Hoe
DV:vs:char bolorkovVvVVe "%Yorks on: r\yersrocore IlsorgVorses vorboyboon Sabo% a vvvvd rebb000dodalv ovorlise kir covngulluovnks bkonnodybov
flub: bovraV v`iVO „HOD or Verb's
Tuns ,o...00000li onol vroVVO ()Haar! he psysovenlvvres vrov lio rollkyvved Ilyory Olvvr. covvsoodkvosvi dud v he ovorroler0 o o o ovolcvls:ohavvaV
Id 000 by v Io croorbadrornd
yor
Consul] O v:ouri. ro duos' a 1:Oh:bob %vb.!" V 0:re oo.10,00rerdovy (rojavvoct. v vorvaeoyer
-vv dcoesouivit„;, hal vhey verb reobvvogsLed vooperrorifi 44,(04H040:04040 000s^.0"Si40„4,0,44•S 01"V.40,0, \a,ev,;,
44,4004101.41,4144e114LS• scope: oor v000uoo., oiocy n000000 ioco 0o00 onk.N1 ve eVaino. ho lirso :riven bravo mond he Goo varbpaersobl lkovs
vro:vovvesv R o..abovssorkbonovvion vertheo colvond o ber A 0000v varobjr:ora noroavobalbery
V Ole
00 0O0 vobloahn ovvovia covvvVivvar bre roUloror:Vvvyvvoys
• robovvorna ollhoonors Day (bassi noraviikaav V-.ovr vv,:doollv fi0 m. anon is ibellvvdlerll vv. 1V:re ft:avoids,
::\ O.) k„A pond k„i ovvval kfircocvovoyv Layvvrsou Dorm ov vo proosrk.fi Pin 0 VO4S 4.41141064014N04
floc Or, r4100,4, 1 044„4 4,41(14100 04:044,440 V00^(41"k oo "0,44"4"4.03 004)1140400ide 00-0•44 pp:Sit:00J ,000S;lipt,s,
• 'sisonsivAvy d'useci Lol L")H oo oo .:runt:ow sokokroo L00,4"040,400 04'004 04;4SKIde^01
11444.4 ado.] viaonall \\Tisk: ...vviaV
• Oa bonShav v vas hov %%ohr: the covosav Vuov oo )rovid000res v vovadliviovud rserk vans: nursvovolc oldie
aoovivrobro:nv.crov scope yo%r° %souk°,
,Svogp Irrovesvirry% Orb A ory,ervey 1HO 0„..d oo DA! 1400:00110110;44014•411414 ^001: 441lian h 0 V011)0,4111,0,40 401
Vird° ve voronsu Vvvvvsv has crourodleicod sokbp L H. 00o:0v. svocrovo on duo: process vs io lore, dual. vhc orcquorovv hs Oho
"%gyro:bevy's vocalver:V. robsobbsery -hoe roinicon onomiogoono vo,o'000 rev Verr o0ot ovarovvhban cOvo von ovvvcV vo, V 0 V Hera on hIlv
Ike Drososogarovv" voovi PubV VI: Works or Ayoogeoney boonovvvvavervoss Iva rd„."iVn &1111111,: 0.44s4 £‘0.44S10.4110C"40S° brovvrroves %rondo v 0oo crab V
Q010: hoohoicoo,A oos vavvrbobiroorvi °0fl 1 hbe: pvsajbev's luvvvvkivnivory Vaarvcrsoovrvol Yovv o,no Inc coomp000voomcs 000l.o,um odoks
folve!obvvocy's recovvorbeoldatirobv for 1.1.,(h,n-zo pvarticipairoary iOn 04R,'", 0 00010 VC.1, i0o yo,opcir oiO4lwa0 s 44.11 14.041Jeall
lo 100 10 vlbrough 1 r1 0 00 Pon..sr:vans ronganbser 1.1-ioVve ekviovo is conoy vodigibIlb Ivor VavdernO
parvVeipzvriv.301140. vadyrnovv 0 00 0 4 V neL"d1 0(0 14:40„.40 14'.44110. 82y Ino vo0 S,
O Ose Afootrvvveoso varrrilvosst 000; vevaboos Dino:coral oar loo LO VC Wkoskoso o ,\000 00 lokrosh bard \\Y"."OVII>Corr 000,oiro,N000r\',
veal `,YprO0 v.ZIHs„.1.,VVHV 1 V V \\ '1k (or iq)ono o„000hoo n. 0000 1V0 0.044,4 0:044S8.001404414n; 4:4404114, 4004,444iV 404
0 1000::11 0 404..'114(00, 0 0 0 . 0 0 0 0 0 010100:004.11010 (VO0,004009.,rn0a0401111 11(" 1144°0004 C( 004V L0010 114.) e04.0 00 000)0 001o000 he
or ,:srlisns,: 0 s:s1A „usscvm:nv kw Vaonsoo.ro ver v resvvvogsv has Ilaervvv approv booed ihrv: A vsyel vey shoo V V ovoriave
vkve 10010)00 00000 .00)0 000 00 revoyrocvavvrorn vovvroll ose,' bloc vrovvrvadliont 0ve vervolvvvo 04„:"F 010o. CV0;.1104411, 0114r0 r000 lOo
00 VV V:011 Or.„: linNV 00.0\001 110 0 0 01o1000o 0 iS 10 V0 0 110 1e001001 invo 00o0( o0
rebo:vrcVivvyvvvy va von eVai on prevoyvVvvres;
res0t^ 'VAC 089 Er BilvDVV
(VrY4
42
tikes fl ov oho: viiiinsoohoolovoicls childiviov [vox:cc:id to siikoop ii7vi vho vilrocedurcis
Skil 3 sis binvioparkvion ioL "Suprovilir
)0CHINIVT,"
ik.vvis,i,larfiiivkEviiiO...oilorivivistidoololks
Avll(inVelvi° VVirk 000v!recii v viv: iiiivionsovhiclanks eVainv, i librounivokikni sil vs 0 olirikopare. iii.o4oviivon won,
Vliorl6vo„oi kfl PDVhIlic Vs'oorkcliiii tor m. duo! novvollovidletV Vibe loviii1VickAclino,i„iiivi
CopossiorhororonoodoolsvorThed ckiikkiiivvVvivid doici oiliohvvo,
Aviivivovocy'S sivomionik V43110 01 bouts vslksivisolicsiti Lion fiviclo clock Oirkv Ihno visAvouhll be okskohodko0 ohe
chino:
vo\clovioviii iccorrv„kivirok.closovivok vc sivonsinVoionol on peril:link ooddio.OokaV
Ao,ioicinco,"'s io,i000kpuirsi of irvreci hbor dovkw, crhc:.,3d co,as. prorn m 1,11 rein vtovvorsiiiokkiii cosivisys
kissoisvcOvaled ovov doe voddivikkoiall r,
iospVvonoiol von riv„,iclioivardivisovo thinviovovivii ouocivois ivvi \\clinch div) does/do:of:iv); olio0 \vivo VhC
cTuvluNtBhann311:0Z011111,3):,
\ pholiok ikon Loy (Voioscrilioovvio \Niko, has beck ioosiv Onded k 1 lhl knovve cooksoolkiiivoi cOvoino(s): °and
s Rkevovonviirkiiidokkvins toi viviviviiisorkci Oh:v. odairriv
.shsol Dussoiciocor or puhvic 'ivAivicisrVvosi row A flR1 IlvivolivivokOokr 1i\ 1\ Coirvisoklovionl (slain)) avull Avoisvencv;iivo
DiRovviosio V' Pubic \Vsivoiiilvivs or liviclivitovoihicy ivclloolikOvikkor shad ovkiviiiosi oorkil voodoodniomvarclovoivolly viviroviorivisvivio: 01
oVissooppovvik000 cViokookv, vivo- vivicl000Vivisoovis dot:No:or, 0 Ovvtdvodo„io Coivoominvill
diskuvu 0111 110 vvirsoceduires), r pirkijiLikoo
0)) v vhivisvisi pool votioirvioviiclokol„ ohvokil col vcoorrence Orkin' \\ )1l Viiiohooviivio:iiiiis owid kvikliiiviroolivis
111 L 1 V biv, 10 (1111 110 Cktion, Of Oho) violodoon mid 01)1 161,11[v:rood
vis000kos:Vrivoidovioi oyioiovivoLviro VVV H4„,,C'd 10(.1 firvivok viiiv000vovoikoy rlIMOS
',01%4'u 5 hikkivoindingCrivriviiikolhavvil 0) 1111 keviiivarorovivoivoi the (SiclIkVont
DUO:11010 krVidIr1V'11. ‘1,\Pn1 1 voomiry 01110 icli6ovr.0 CI VC 0011,SUIr0001 0 iheill" Vhq8V
h,°^:.1^,!•, 00 0o0' 0000 oho )t)olosavVoon 10 is ciliovOnvocloiviv ovielloodo olhe Viola° doll liar korhouno vclif v1110 or,vieviophosill chick
oikvip v woo kokovvvvvoVoio odd hized Ihiso
Poivi„viparvidivsoo oh vovo Vernenoi Noviiiiikko oivirecoMi Oov oo (..:.:CUMdL011.10'S Cll'oiM(S)
V VIC 00)01 000)0110 0 1(6)0 ilr new .;agrecuficutaiskil pay 01110 covosvoklown 010 00 00 0 he
ellaVon, Ilnkoiroui idioc consovilvan0 II vuo 0:111c ID v0 Rio al:on:iv:novo:id iiiihibjecv 00 01001
43
Exhibit 10-1(a)
Certification Of Consultant
heiCh\ CeOlOn nindl )1 din
roulnieiniCnoidrune norther' rain inolinneonrOVOL., o tlup
rum.
O'FlOiC41CO. 0 „.„
441O111 olninneiO
ou'oriikunuf,' au iu hlenuo°) 111\
Ond 0)1,0 00'110101 0110
(a) 11„.anidos):s„A or rk„':ujv rod 1‘4 Looliffik,,,,,c1,, broisAissrks, o„)0601q„cla Irt?.co
,roadss ASic firr1 pcoa v (oho dam a hocra couphylse vsfaolchul:s.sokHly CI:sr me: no' d)sis
svf 10 oo 0o LEM FINJ
(fOrl Agiss•,:sL ss, eN:D)ress or iimplicd 1o0 !001 obtaik Ong 14.6s IVIO to employ or rcani h.
\ °LC, oFsus:„ firm or pts son may coraiclo,Isa au no lah can ) uo 000l hri,s A(ikillf.'„Nll'„NT-, or
Pahl! ou R..): pay, firro, t„a6c;,,n or ri,„„Isssmi(Allia„;.'r Uiv io boita fide ,ssouplloyQv
11, 11,, V 11 r H ())11) the' ZObOun(en 0),"11)))no L, II AN II 1.Qc. contribution. doolation„.
tnon1 kidniOt00001 Onnaiiy kind knir, Cid On 1,..n.)11nneCfliuin Ildne 11111noll„:10nOn.O. or Cirirlyilig enn
Ilhospsh samc:d zon)
oklanoy,111.111..,,e 4)1.'„n 0 estos loro ho,ij\ ,afable th,s Vt'Svdia0 n ,.),;„.sprairsiro„::fia of
nrsrs VLoOo „■Ho 0000 ,;he Fcs.lern 00iDol 0 ifc,tiomr;ualuon„ 00 ,S,11)epa00 11c000 orTansporunicm
0 o1100o00 1,r, ,,,s°01) prhils (iP,,F,E,,:vitritT iipsollviir2 pan k,:aps,rnion of fcch.,;ralsaid higOrasiy funds.. ;rood 'us
dr:40)0o dlk MUD OWOVS, kAIIV k,l'0006'00 dovo(„11a„'.iNd„
Srgnahne
EleOul O14:e 1414.1444,444OiOnl4) Pik') i"'h
44
Exhibit -1(b)
Certification Of Agency Official
In:hat"11) hahlnid that II ant thLn' id(n1 RCN Cadknnn 0102 II,u.aca AucnIny qdr (hay. lailuhda„a[a
\\sash haLacha. and that 0r■„,, hannodtiay: irm or ,dpr,ssent.alave hos no Dan rt,a.du'urcad, diro'atIly cwivi(hrtaaty at, on
h,,Nprr,ss h"nrid4!,.a coucko,ho chnihnechion ohlahl6ovg r carryinLt. taw Olds d'■„(31,ZENA,1111::fi,",:'r hy.
t ai ijijpDi Id t haa a V Ills ci OeC rhip1id' to roaht, ood) DflO or pcosaan; cor
rrn e n u , perhsan. or or!addiada;nhan an:, fen, conninunriad t.ha 0411liq
aaavt, ficintanacksi ()haul, pt a hcral)) tssrasassh,±., 'all:Ued (r a111:
nad rna n hhdt Otia can nahnsos da to had. d adandc. nn," Vchashtrugton Statc Fdcraztrtnucot or
mr,qh Lh,$n oud rk'lh:11",'ND 'ay AdMIOCIIS VOL US. II)ON0111;111111::U1 rra111::;0,11011.PC,0.1 6V,
COHOACCQ R)H `1% nh nuts AGRL.FaVftnN4 no,aiLvhat partiwapatnm -'nr,„.aliaranditi h'uOrsyny hamis„ ',Had Fs
soa-aect dm-ilia:sank: Sufic and Feticia haws, both arnninall alma ch■,
SIgrrahHe
cycyr 1 H,ijJ ',A, I al)
Ei!C 5
45
|1
Exhibit�
CeTtification Regarding Debar! ent, Snsp son, an ther Responsibility
IVIlattelts-Primary Covered Transactions
.x
1,rpmn»um61, rua u4rm/ col; Govmxhchcs or imLwnvk ov"dhcY[c1 'finn6ln
p/1,/cMpm|m,
A A000/prc~.mi` 8chnmrd` proposed 6xrdcb/nmcnickularu6Mc6 iNr..`r.
ro|mnori1ycxc|udu]6nmooN11„,trcd 13ym/y6JcmYJ„pndnnrn1orxgonu}:
B,
Ynonu/n'0hmnd,rce.)corpc13'x6pnzcdhn,1t,dhis11nPu,1|h«cncwnyituJo|urhaWnci`J
o��mcu� nu/UocJ 31,111nsc them k`rc*,m1iuuiwn wr 0nod (la a urpninol nWrnsu ix cm,mrc6vo ^1U/
vh(nin|u�oounp/m,„u, |*uhm|n,nr |,crhorminli,upnbUu sUHc`(3r|ocu|)ouo�comnor
cmnruom/duru puWic trunsuciiw/: vio|u|ionv[rcJmmYor slate mnoouonanluc^orcmuxon`xi""*f
um|e,,,,y\mncnn dkin 6" |ndc/y.m|.i6ou1w, du`nnc|iouuftuz//n1s.mxk1/o|t`A�m
urmrnu or orciving„ s/e|co pmpcny:
A/cIlk iotihWAed o/mhcovisc u|riHY Charged byult,o*conomdx|
�1m1meLsm,:,, |ncuh`ri,h commission n[uny.`[d,eolitQ/,�t.;.;cnu/wumiudiop/lmaph<|!
| w1 /xt,Qcol1Ucm1om and
D, ||o` not. void , Lhetiao {3)jcu,periv8 pudi1141; d/iy ivp/ywpnsaY hud one "r"x`r�
pu1111`:/pnt»c11ons suix,ov|,cxUiun/vinmwJ For o:umvovdcr6oYt,
\\/hum pr/umr!|wn;cMyux cotniftyi* any */ the omtu/memo
/u601ica mn. |,ra'ocLivcpunioipant !Thal Y;Mach oxuxp1a/aL1onmd/is prvposai
(„t1ontao|cun/(|'inn> J:coht; rn c`/i houn6x
■Lwto fSigno Rom) P,msment of AmooUzm u,Co autani
LICIT 1-',nm1+�7,131De�/�^��*o
46
Ext`At, _3,
Certification Regarding The Restrictiw��
of The use of Feeerai Funds tor L 3bying
|c 11:100up4,24:6`cp111\uipunmxm h), SiTV ;had this orpwpoauLart x6c hest 1U, her
[sn.'uLd�e and |`cbcivrh.xv
No x|nppvo|/rl;vx| MvWs !have bcbn paid "rviU6c |o@Lb! ocbin behalf Lill hcwudcui.vocJ, to
xn) 13vm01 |orin0umnCi«�*rnlvenphxT mtxfflneurcnuo\Gcc/ nC x,0 |udor |
o�ncy. o,newhmr*yCmqprsa,mo[6cc'orenp|'y) hay n|Iongu~..",oncmnpLa, o[Thntuhilayr
.,|ChinY,yi ma, incmx`rc/ioov/i|bthe oumndlpLy, ^Fnryv Fodk:oY cram ou,U/omaL/"thyn|am. l'c`um|
icynx8.d,cmuNng"[ any |'t:Jen|\omii, cn,c/iog /Sn|oo[uny xhc
estomu,inu, continuation. ,toawuLumond/mmn,o«m/o&,|icoxinn un>|u]mx|commcfv vrvruun.\o.mv
u/m^ocn,|ircn0rorw/ard
� ||any hauls odzr than Fu1mmY appropriated fluids hn\ &c^xymdm/n'Ub00u/d tn any pwr=m0lo�
ioOucuc�n� orau|co,p|ing m inDuc/vce oAKcuro/cucpYo!cc*|un} |'Acru\ xtrzcy.n oavnbw/ m�
Lo,:yess, m,oUN:L,rw employee u(Cony,r,m�xs.nr toy mwYn)Czu>'on°cm\"�`"[L.`/x���`in
�oomcc�ionvid.d/ifreJem|cou;n'c\gmnIL.Yoxn,.`rclmpgomuA n1..:ro,onon. Lifidcuig�/od�huU
u.nr)cvcunU suhnil/Snodmu1 Fnnm'LLL ^11)iockumm Fomn lo Ru*ou \ obYynt;iug.," iw ucuordauoc
, lily Its ;oomctlovts
l his oval iliCr;i0x is u nm|cri'u| r4)roexxx�|[00 oyr(:1 icb /ri00o0 *u` pbcod xhcu this
|mo*ycxi^ov as, mudoorculche6 Swbmi.SSiomo|80)i,ocr6Fica6mnisnp^cocrlu[�uc4on'.nu\iu�
w uuc6miuw this |ru^st~dw,Unposed by Sta;im/ 11]52.Tidv]|.US Code '\vvy|xr;m.xn\m
].oY.|w
0, ed LO Ld0fl 0U buxu��ecio0uci`iYpcxn|x} nm \v.*d)xry $ \0,0K)Oand
nn| moo dvan S UAA.V00 6`revichl such rai|urc.
[hc pouspauhvc participant ullmamgoccs hrsubmidhng his mr her lytid u, proposal 8uthcurshcsuYY
/r4u|0°O dmx the |xnt.tuxgc ohbis ccnilivatia/i incbod*d in all] |owar Itch subcontracts v6ich
cxzucyd 110 8|i00V and r6m\uN mha«Vrvi"o*shrvU certify and 6i'c\ zpconJ�n.gkc
``/muhomU 'w f/u`F^V .u,, i"�v vmvy hu
VCEvilo]
ocol rn." ,urovz epa,w»/*a
(3imame) plt,rsvjeoril. or AtrahmizAri O/xma Cm^umwax/
47
[Exhibit
CrlFcto of Current Cost or Pricing Data
c,„.!,rhk ow. h., the oloy L (Into dorined m
seridirmi 15 1111 or 1111ii Voider:1i i)cirainindidon keiduintion (Firiri1l and neiritOred under FAR inibieczkin 15;r1113-11u
idodun cidoillo actually or Cry arie(Or1c irknicilication in viddirdird to die, controciiiiid officer or to die
crovordeiiind licieddir reprillioillai1eci 1n iiiippod.or
oocuri'.idll enaiw1corir, inn] currera os or '1141:rilidrieertificriudon includes
doe cosi co pi k: ocri dma supporting dicy ciciincias Iiinvard pinning raie ogioridiircardard beiveceio
Ore orreedy
d thin (on\ dcu are pad or doe propoisi01.
Vivvv Hi id1,15r, 1 V
rdine oH.\ccic11 urior5-
"CM p h
1iduillr Dllotiordd„ ciiroudion„ iciddrucoit Imo Indire didicuscinceill olloin rriduceideroo inki
ri1v0s0g Orw approor10 ie Okrod:i ordid ncandacll inrdci„,„. 151roll,
Onicell (11,r), mont1d. oird 'olirei ['dice ceidirdraiiudics tvere conciuded 000d o mu-crone...no
an,icru 1 0 00 moon h id cor 0 0 ich should he close reii pracdierarde llic dide
\\D-ucni H he pi dell.; nordoc LOH:air, n0,4„' re L00)1ChRk:',A 0111d 011e cMnlf.M avA,OCCd 10,
100"I refrl.'•
48
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director/)
BY: Grant Griffin, Senior Program Manager
DATE: September 20, 2013
SUBJECT: Thorndyke Safe Routes to School
Project No. 91210302
Consultant Selection and Agreement
ISSUE
Execute a contract with KPG, Inc. to provide design services for the Thomdyke Safe Routes to School project.
BACKGROUND
The City uses the Municipal Research and Services Center (MRSC) Consultant Roster whenever possible to select
engineering firms to provide necessary services. Four (4) engineering firms were evaluated to provide design services for
the Thorndyke Safe Routes to School project (see attached scoring and selection matrix). Each consulting firm provides
services with expertise in multiple engineering disciplines. All are well qualified, but KPG, Inc. provides a unique knowledge
and understanding of the City's program providing efficiency and benefits which cannot be matched at this time by any other
firms. KPG, Inc. has also performed very well on previous City projects.
KPG, Inc. has previously performed preliminary engineering work on the S 150th St project corridor for surface water and the
City will benefit from this previous work during design of the Thorndyke Safe Routes to School project. Because of work
previously performed, starting the design process in November 2013 and advertising for construction bids in the 2nd quarter
of 2014 allows the City to finish this project before the 2014/2015 school year begins. The Thomdyke and S 150th St project
will incorporate residential improvements and also include funding from the Annual Overlay and Repair Program and
Surface Water for a total project budget of over $1 million.
DISCUSSION
KPG, Inc. has provided a contract, scope of work, and fee estimate to complete design of the Thomdyke Safe Routes to
School project and advertise for construction bids.
KPG Contract Estimate & Budget Totals
Contract Design Budget
$74,947.81 $90,000.00
RECOMMENDATION
The Council is being asked to approve the design contract with KPG, Inc. for the Thomdyke Safe Routes to School project in
the amount of $74,947.81 and consider this item on the Consent Agenda at the October 7, 2013 Regular Meeting.
Attachments: Consultant Selection Scoring Matrix
Vicinity Map
Page 4, Proposed 2014 CIP
Contract, Scope of Work and Fee Estimate
W:IPW EngIPROJECTSW- RW & RS ProjectslSafe Routes to School - Thorndyke (91210302)IPE\Transportation Committeellnfo Memo Consult Select & Contract gl.docz
49
CONSULTANT SELECTION
Thorndyke Elementary Safe Routes to School Project
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
%NAM Eng \ PROJECTS \A- RW & RS Projects \ Safe Routes to School - Thomdyke (91210302)\PE\TransportatIon CommIttee\ThomdkeSRTS_2013_ConSel.xls
50
DEA &
Associates
KPFF
KPG
Lochner
Project Manager
1
1
1
1
Survey Crew In-House
1
1
1
2
Bikeway & Walkway
Design
1
1
2
3
Environmental Planning and
Permitting Experience
1
2
1
2
Stormwater Drainage &
Detention Design
2
3
1
2
Pedestrian Path / Facilities
Planning and Design
2
2
2
2
Understanding Project Objectives
2
3
1
3
Current Knowledge of Tukwila
Standards and Procedures
1
2
1
2
TOTALS
10
14
9
16
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
%NAM Eng \ PROJECTS \A- RW & RS Projects \ Safe Routes to School - Thomdyke (91210302)\PE\TransportatIon CommIttee\ThomdkeSRTS_2013_ConSel.xls
50
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mm
Project Location
S 159th S
S 156th St
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Thorndyke Elementary School
Safe Routes to School
Date: February 21, 2013
51
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Thorndyke Safe Routes to School Project No. 91210302
DESCRIPTION: Construction of roadway improvements and new sidewalk on the north side of S 150th St between Tukwila
International Blvd and 42nd Ave S. Also a new crosswalk on S 150th St in front of Thorndyke Elementary.
JUSTIFICATION: Enhance safety for students walking and biking to Thorndyke Elementary and encourages alternate
transportation choices.
STATUS: This route is one of the high priority missing sidewalk areas prioritized as part of Walk and Roll Plan.
MAINT. IMPACT: Negligible.
WSDOT Safe Routes to School grant for $457K. Surface water on S 150th St is also programmed for $270k
COMMENT: (see SDP on page 86) and $100k from Overlay & Repair for a total project cost of $1.082m. Education,
enforcement, and encouragement are included as part of the Safe Routes to School grant requirements.
FINANCIAL Through Estimated
(in $000's)
2012 2013 2014
2015
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
Design
48
28
14
90
Land (R/W)
0
Const . Mgmt.
55
55
Construction
567
567
TOTAL EXPENSES
0
48
650
14
0
0
0
0
0
712
FUND SOURCES
Awarded Grant
48
395
14
457
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
0
0
255
0
0
0
0
0
0
255
TOTAL SOURCES
0
48
650
14
0
0
0
0
0
712
m s a 44 s;
se
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2014 - 2019 Capital Improvement Program
4
52
Local gency
Standard Consultant
Agreement
Consultant/Address /Telephone
KPG, Inc.
753 9th Avenue N
Seattle, WA 98109
206- 286 -1640
■ Architectural /Engineering Agreement
Personal Services Agreement
A.reement Number
Project Title And Work Description
Thorndyke Elementary Safe Routes to School
Provide PS &E to include 6' sidewalk, curb and
gutter on one side of the roadway, storm drainage
replacement, and pedestrian countdown modules at
the signalized intersection of 42nd Avenue South
and South 1.50th Street.
Federal Aid Number
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
@ Cost Plus Fixed Fee
Overhead Progress Payment Rate
DBE Participation
%
Overhead Cost Method
❑ Actual Cost
❑ Actual Cost Not To Exceed
%
❑ Yes ►ZI No
Federal ID Number or Social Security Number
►�1 Fixed Overhead Rate 145.78
%
Do you require a 1099 for IRS?
❑ Yes r No
Completion Date
June 30, 2014
Fixed Fee $ 6,312.40
❑ Specific Rates Of Pay
❑ Negotiated Hourly Rate
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
Total Amount Authorized $
Management Reserve Fund $
Maximum Amount Payable $
74,947.81
74,947.81
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
►1
►1
THIS AGREEMENT, made and entered into this
1Z�
/ZI
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
1s
between the Local Agency of City of Tukwila
day of
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
, Washington, hereinafter called the "AGENCY" ,
53
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
54
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
55
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-tine 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 materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time 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
56
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 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 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
57
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 in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to 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 6of8
58
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
59
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 By
Consultant KPG, Inc Agency City of Tukwila
DOT Form 140 -089 EF
Revised 3/2008
Page 8 of 8
60
EXHIBIT A -1
City of Tukwila
Thorndyke Elementary Safe Routes to School
Scope of Work
September 12, 2013
PURPOSE:
This project includes preparation of final Plans, Specifications and Estimates for the
Thorndyke Elementary Safe Routes to School Project. Project elements include 6'
sidewalk, curb and gutter on one side of the roadway; storm drainage replacement, and
pedestrian countdown modules at the signalized intersection of 42nd Avenue South and
South 150th Street. Illumination upgrades on existing SCL poles will be coordinated by
the City and are not included in this scope of work.
Work includes necessary supplements to existing base mapping, design, National
Environmental Protection Agency (NEPA) environmental documentation, and franchise
utility notification.
SCOPE OF WORK:
Task 1 Project Management
1.1 The estimated project duration is 6 months. The Consultant shall provide overall
project management including:
♦ Project staff management and coordination
♦ Subconsultant management and coordination
♦ Prepare and update project schedule
♦ Schedule and budget monitoring
1.2 Provide QA / QC reviews by senior staff of all major deliverables prior to
submittal to the City.
Task 2 Prepare Base Maps and Geotechnical Review
2.1 The Consultant shall perform field topographic survey and update existing base
maps to include the east half of the 42n Avenue S / S 150th Street intersection.
2.2 The Consultant will perform field reviews using a smart level and prepare
maximum extent feasible (MEF) documentation for the deficient ramps at the
City of Tukwila
Thorndyke Elementary SRTS Page 1 of 3
KPG, Inc.
September, 2013
61
intersection. Roadway slopes in the area will not permit full compliance with ADA
requirements.
2.3 The Consultant shall coordinate geotechnical review of the corridor.
Geotechnical studies will be performed by GeoDesign under subcontract to the
Consultant in accordance with the scope of work included in Attachment 1.
Task 3 100% Plans, Specifications, and Estimate
The Consultant shall prepare Final Plans, Specifications and Estimates for
advertisement and award by the City. Plans shall be formatted to provide sufficient
detail for convenient field layout of all proposed facilities. City standard details and
WSDOT standard plans will be supplemented with project specific details as required.
Final bid documents will be signed by a licensed professional engineer in the State of
Washington.
3.1 The Consultant shall prepare 50% Plans and Estimate for City review and
comment.
3.2 The Consultant shall incorporate City comments and prepare 90% Plans,
Specifications, and Estimate for City review and comment. Specifications will be
based on WSDOT /APWA standards and applicable LAG standards to meet
funding agency requirements.
3.3 The Consultant shall incorporate comments and finalize bid documents. Bid
documents will be uploaded to bxwa.com for advertisement. Fees for
advertisement will be paid by the City.
3.4 The Consultant shall provide bid period services to include responses to bidder
inquiries, preparation of addenda, attendance at bid opening, preparation of bid
tabulation, and recommendation to award or reject the apparent low bidder. The
budget assumes a straight forward review process with the low bidder receiving
the contract award.
Task 4 Permitting and Agency Coordination
4.1 The Consultant shall distribute 50% and 90% to utility providers along the
corridor for verification of their facilities and identification of any necessary
upgrades or repairs prior to overlay.
4.2 The Consultant shall coordinate and provide graphic support for NEPA
documentation. NEPA documentation will be performed by Widener and
Associates under subcontract to the Consultant in accordance with the scope of
work included in Attachment 2.
City of Tukwila KPG, Inc.
Thorndyke Elementary SRTS Page 2 of 3 September, 2013
62
4.3 The Consultant shall coordinate with WSDOT to obtain authorization to advertise
for bids. This work is anticipated to include submittal of NEPA documents,
project specifications, and ADA compliance /Maximum Extent Feasible (MEF)
documentation at curb ramps.
ADDITIONAL SERVICES:
The City of Tukwila may require other services of the consultant. These services could
include additional design, right of way, environmental documentation, construction
phase services, or other work tasks not included in the scope of work. At the time these
services are required, the Consultant will provide the City with a detailed scope of work
and an hour and fee estimate. The Consultant will not proceed with the work until the
City has authorized the work and issued a Notice to Proceed.
Assumptions:
• Typically, only surface utilities requiring adjustment to grade will be shown.
• Drainage & Water Quality Reports will not be required.
• Environmental Documentation requirements will be in accordance with the
scope of work included in Attachment 2.
• No storm, sewer, water, or electrical upgrades are required beyond loop
replacement and casting adjustments.
• No right of way determination or acquisition is required.
Deliverables
• 50% review submittal with Plans and Estimate (5 copies)
• 90% review submittal with Plans, Specifications, and Estimate (5 copies)
• Routing of 50% and 90% Plans to utilities for review and comment.
• Bid Documents and Engineer's Estimate for 2013 Overlay Program
• 10 sets of Plans (11" X 17 ") and specifications for the Bid Documents.
• Coordinate upload of Plans and Specifications to Builders Exchange.
City of Tukwila
Thorndyke Elementary SRTS Page 3 of 3
KPG, Inc.
September, 2013
63
[ DESIGN)
September 9, 2013
KPG, Inc.
753 9" Avenue North
Seattle, WA 98109
Attention: Mr. Nelson Davis, P.E.
Proposal
Geotechnical Engineering Services
Thorndyke Elementary Safe Routes to School
Tukwila, Washington
GeoDesign Project: KPG -29 -01
INTRODUCTION
GeoDesign, Inc. is pleased to present this proposal to provide geotechnical engineering services
to support the Thorndyke Elementary Safe Routes to School project that will improve pedestrian
safety and traffic along South 150`" Street in Tukwila, Washington. We understand that
geotechnical services are required to support the design of replacing and widening the existing
road, including the addition of a sidewalk along the south side of the roadway.
The project extends along South 150`" Street from Pacific Highway South to 42°d Avenue South for
a distance of approximately 1,400 feet. The existing roadway is relatively narrow with one lane
in each direction and no sidewalks. A shoulder area approximately 5 feet in width is marked
along the north side of the roadway.
We visited the site on September 6, 201 3 to help prepare this proposal. The asphalt pavement in
the eastbound lane is in poor to moderate condition with alligator cracking. The south edge of
the eastbound lane has failed and been repaired with joint sealer compound. A utility trench
patch for a new waterline extends along the northern portion of the westbound lane throughout
most of the project area, except where it crosses to the south side of the eastbound lane near
the intersection with 42"d Avenue South. The pavement thickness along the edge of the road was
explored at three locations by probing with a steel rod and was found to vary from 1.5 to
3 inches thick.
Geotechnical services are required to provide information on existing pavement thickness and
subgrade conditions to support reconstruction of the roadway and widening to construct the
sidewalk area.
10700 Meridian Avenue North, Suite 210 I Seattle, WA 98133 1 206.838.9900 www.geodesigninc.com
64
SCOPE OF SERVICES
The purpose of our geotechnical services will be to provide geotechnical recommendations to
support the project. Our specific scope of our services is summarized as follows:
• Review preliminary plans of the project and construction records for the waterline
replacement project, if available.
• Coordinate and manage the field investigation, including preparing a street -use right -of -way
(ROW) application along with a proposed traffic control plan.
• Mark boring locations and request public utility locates. Two trips to the site will be
required: one to mark the boring locations in order to get the utility locates completed and
to evaluate traffic control requirements for the field work and a second trip to review utility
locates and boring conflicts, if any. The traffic control plan and identification of any parking
spots that will need to be blocked off during the drilling and anticipated work hours will be
provided in the traffic control plan.
• Explore subsurface conditions by completing up to seven shallow soil borings within and
adjacent to the roadway. The borings will extend approximately 8 feet below the bottom of
the planned pavement section. The borings will be spaced approximately 200 feet apart;
spacing and number may be revised depending on the soil conditions encountered.
The asphalt will be cored at each location, and drilling will be completed using hollow -stem
auger drilling techniques. Samples will be collected using the SPT test and the standard split -
spoon. Samples will be collected at approximately 1- to 2 -foot intervals to the bottom of the
borings. Our representative will collect soil samples and maintain a log of the subsurface
conditions encountered.
We anticipate traffic control services, including two flaggers, will be required when working
within the ROW and that parking will need to be blocked off during the field work in order to
access the drilling locations.
A separate site visit will be necessary in order to erect the no parking barricades prior to
performing the drilling. During this visit we will also verify that there are no utility conflicts
with the proposed locations. We anticipate that each boring can be drilled in approximately
one hour, after which the area will be cleared and parking can be opened.
The proposed drill rig will be a small trailer- mounted rig that will only occupy one lane.
• Complete laboratory analyses on disturbed soil samples obtained from the explorations,
including up to five moisture content tests and one resilient modulus test for pavement
design.
GEO
DESIGNY
2 KPG -29- 01:090913
65
• Prepare a report summarizing our findings, conclusions, and recommendation related to the
following:
• Subsurface soil and groundwater conditions and results of laboratory testing
• Thickness of existing asphalt at the exploration locations
• Subgrade preparation recommendations
• Luminaire /signal pole foundation
• Recommended pavement section; we anticipate that the City of Tukwila (City) can provide
traffic count and classification data
• Short embankments and /or retaining structures Tess than 4 feet in height.
SCHEDULE
We will begin work on the project upon your notification to proceed. We have checked on the
availability of local drillers and anticipate that the drilling can be completed within approximately
three weeks of notice to proceed, assuming that a ROW permit can be obtained within a week
after submittal. We expect the soil borings will take approximately one day to complete.
The work will be coordinated and scheduled with you and the City to avoid /minimize impacts to
traffic, pedestrians, local businesses, and Thorndyke Elementary School. Laboratory testing for
will take about one week to complete. Our report will be available within two to three weeks
after completion of the field explorations. Preliminary results can be provided as necessary.
FEE
Our services will be completed on a time and materials basis in accordance with our Schedule of
Charges and General Conditions, which are attached to and are part of this proposal. The
estimated project cost for each task summarized above is summarized below and a detailed cost
estimate is provided as an attachment.
Activity Expenditures
Subcontractors
Utility Locate, Drilling, and Traffic Control Subcontractors $4,150
GeoDesign, Inc.
Logistics, Field Work, Locates, and Traffic Control Plan $1,710
Laboratory Testing 1,200
Geotechnical Analyses, Report, and Project Management 1.930
Subtotal $4,840
GEO
Total $8,990
DESIGN=
♦♦♦
3 KPG- 29- 01:090913
66
Exhibit A -1, Attachment 2
SCOPE OF WORK
Task 1 - Data Collection
Widener with assistance from the City will collect available documentation concerning
the project activities and pertinent biological information. Biological information will
include priority habitat and species data from the Washington State Department of Fish
and Wildlife along with rare plant and high- quality ecosystem data from WDNR. The
above data along with past permit actions in the project area will provide a basis for
conducting an onsite habitat survey of the project and the adjoining seabed. All habitat
areas will be mapped and documented in the project base map.
Task 2 — APE/Exemption Letter
This work would include the preparation of an APE/Exemption Letter in accordance with
the LAG manual. The work will include the following subtasks.
1. Pertinent literature on the archaeology, ethnography, and history of the project
area will be reviewed to determine the existence of archaeological sites and to
refine the probability of archaeological resources and traditional cultural places in
the project areas.
2. A field reconnaissance consisting of a visual survey will be conducted to identify
previously recorded and/or unrecorded archaeological sites for the proposed
project where ground- disturbing activities are expected to take place. An
APE /Exemption letter will be prepared and submitted to WSDOT for approval.
Rights- of - entry will be provided by the City.
Deliverables
1. Electronic copies of a draft APE/Exemption Letter incorporating City comments.
2. Electronic final letter incorporating WSDOT comments will be provided to the
City and WSDOT.
Task 3 — Section 7 Endangered Species Act Compliance Documentation.
A No Effect analysis will be prepared in accordance with WSDOT guidelines and
incorporated into the ECS. The following subtasks will be undertaken in preparation of
the form.
1. Conduct a field reconnaissance to investigate on -site habitat conditions.
2. Make telephone contact with the appropriate resource agency staff for input on
species occurrence, habitat use, and potential project impacts.
3. Prepare documentation for a No Effect Determination incorporated into an ECS
Deliverable
1. No effect analysis which will be attached to the ECS.
Exhibit A Scope of work for Environmental Services for
Thorndyke Elementary Safe Routes to School
City of Tukwila
WIDENER & ASSOCIATES
September 2013
1 11.., a.
67
Exhibit A_1/ Attachment 2
SCOPE OF WORK
Task 4—ECB
Services will be provided to prepare the Environmental Classification Summary(EC3)
form by reviewing technical reports related to the p ject, appl ing p ject-specific data
to the form and coordinating approval for the project by both WSDOT and FHWA.
Deliverables
I. Electronic copies of the draft ECS will be provided.
2, Electronic copies of the final ECS documentation will be provided incorporating
City comments.
3. Electronic copies of the final ECS documentation will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA
comments will not alter the basic conclusion of the documentation or require
further alternative studies.
Exhibit A Scope of Work for Environmental Scrvices for
Thorndyke ElemenLary Safe Routes to School
City mTukwila
WIDENER & ASSOCIATES
September 2013
2|p c
68
EXHIBIT C
Electronic Exchange of Engineering and Other Data
Electronic Deliverables include digital photos (.jpg), scanned or electronic documents (.pdf, .doc, .xls,
AutoCAD Civi13D 2013, etc.), and progress schedules (if provided by the Contractor in .mpp). Data is to
be transferred by email, CD, or FTP site(s).
Agency OS is Windows 7, Agency email software is Microsoft Outlook 2010, Software Suite is Microsoft
Office 2010.
69
Exhibit D -2
Payment (Cost Plus a Fixed Fee)
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 specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of
48 CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non - salary costs, and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead 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 rate shown in the
heading of this AGREEMENT under "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading of the
AGREEMENT. The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maximum Total Amount Payable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit "E" attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used, the
CONSULTANT (prime and all sub - consultants) will submit to the AGENCY
within six (6) months after the end of each firm's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures, etc.) for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140 -089 EF Exhibit D -2
Revised 6/08
70
Failure to supply this information by either the prime CONSULTANT or any of their sub -
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The AGENCY, STATE and /or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate, if they so desire.
3. 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. 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 Cost
b. The billing for Direct Non - Salary Costs shall include an itemized listing of
the charges directly identifiable wh the PROJECT.
c. 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.
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee, which could be authorized from the Management Reserve Fund. This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -
hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSULTANT and reported in the Monthly Progress Reports
accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund: 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
71
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. "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 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.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item including
Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
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.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent 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.
D. 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.
72
HOUR AND FEE ESTIMATE
Project: City of Tukwila
Thorndyke Elementary Safe Routes to School
September 2013
EXHIBIT E -2
• Architecture •
Landscape Architecture
• Civil Engineering •
Task Description
Labor Hour Estimate
Total Fee
Project
Manager
$ 176.77
Senior Project Design CAD
Engineer Engineer Engineer Technician
$ 132.60 $ 119.33 $ 99.45 1 $ 79.56
Const Survey
Inspector Crew
$ 104.80 $ 140.65
Senior
Admin
$ 99.28
Office
Admin
$ 68.95
Fee
Task 1 - Management /Coordination /Administration
1.1 Management and administration (estimate 4 months) 4
1.2 QA/QC reviews 4
0
0
0 0
0
0
0
0
4 4
0
0
Task Total
8
0
0
0
0
0
0
4
4
$ 1,380.00
$ 707.10
$ 2,087.10
Task 2 - Prepare Base Maps
2.1
Prepare Project Base Maps
0
0 0
0
24
8
0
8
0
0
$ 1,761.68
2.2
2.2
ADA review/ MEF preparation
2
0 8
0
0
4
0
0
0
0
2
$ 1,764.33
Coordinate geotechnical review
0
0
4
0
+
1
0
0
0
2
$ 615.21
2
Reimbursable - Utilty locates
8
4
0
0
0
4
$ 2,485.66
Reimbursable - Mileage
$ 1,000.00
Reimbursable - GeoDesign (Geotechnical Review)
$ 200.00
Reimbursable - Widener (NEPA documentation)
$ 200.00
Reimbursable - Reproduction
$ 8,990.00
Task Total
2
0
12
0
Task Total
12
0
8
0
4
$ 14,131.22
Task 3 - Prepare Bid Documents
3.1 Prepare 50% Plans and Estimate
8
16
40
60
24
0
0
0
4
$ 16,460.98
3.2 Prepare 90% Plans, Specifications, and Estimate
4
24
60
40
40
0
0
0
8
$ 18,761.09
3.3 Finalize Bid Documents (est 17 shts)
4
8
40
16
16
0
0
0
8
$ 9,956.76
3.5 Bid Period Services
2
2
4
8
4
0
0
0
4
$ 2,485.66
Reimbursable - Mileage
$ 200.00
Reimbursable - Widener (NEPA documentation)
$ 200.00
Reimbursable - Reproduction
$ 5,980.00
Task Total
$ 500.00
Task Total
18
50
144
124
84
0
0
0
24
$ 48,364.49
Task 4 - Permittinu and Auencv Coordination
4.1 Utility Notification
2
0 4
0
0
0
0
0
2
$ 968.76
4.2 Coordinate NEPA documentation
2
0 0
4
2
0
0
0
0
$ 910.46
4.3 WSDOT Coordination
4
0
8
0
4
0
0
0
4
$ 2,255.77
Reimbursable - Mileage
$ 50.00
Reimbursable - Reproduction
$ 200.00
Reimbursable - Widener (NEPA documentation)
$ 5,980.00
Task Total
8
0
12
4
6
0
0
0
6
$ 10,364.99
Total Estimated Fee: $ 74,947.81
Hourly rates are based on the following:
Direct Salary Costs $ 64.10 L$ 48.08 $ 43.27 $ 36.06 $ 28.85 $ 38.00 1 $ 51.00 $ 36.00-1- $ 25.00
Overhead Rate1
Fixed Fee
145.78%
30%
9/17/2013
EXHIBIT F
Washington State
Department of Transportation
Paula J. Hammond, P.E.
Secretary of Transportation
August 10, 2012
Susan Rowe
KPG, Inc.
753 9tb Ave N
Seattle WA, 98109
Transportation Building
310 Maple Park Avenue S,E.
P.O. Box 47300
Olympia, WA 93504-7300
360-705-7000
TTY: 1-800-833-6388
WWW.WS(.1 ot. wa. go v
Re: KPG, Inc. Overhead Schedule
Fiscal Year End December 31, 2011
Dear Ms. Rowe:
We have completed a desk review of your overhead schedule for the above referenced
fiscal year. Our review included the documentation provided by KPG, Inc.
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 KPG, Inc.
accounting system and the basis of indirect costs.
Based on our work, we are issuing this letter of review establishing KPG, Inc. overhead
rate for the fiscal year ending December 31, 2011 at 145.78% (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).
Also, remember that when you provide next year's overhead schedule to our office, you
will also need to submit either your internally prepared Compensation Analysis for our
review, or use the National Compensation Matrix (NCM) format to prepare your
alternate analysis and we will review that. The NCM is a tool that establishes
compensation amounts presumed reasonable for certain executive positions. The
Compensation Analysis and NCM are described further in the AASHTO Audit Guide,
Chapter 7. We will need your Compensation Analysis, or alternative analysis based on
use of the NCM, in order to complete our review of your overhead schedule.
74
Ms. Rowe
August 10, 2012
Page 2
If you, or any representatives of KPG, Inc. have any questions, please contact
Martha Roach, Jeri Sivertson, or Steve Mc Kerney at (360)705-7003.
Sincerely,
Martha S. Roach
Agreement Compliance Audit Manager
MR:ds
Enclosures
cc: Steve Mc Kerney, Director of Internal Audit
Jeri Sivertson, Assistant Director of Internal Audit
Larry Schofield, MS 47323
File
75
Description
KPG, Inc.
2011 Overhead Schedule
For FY Ending December 31st, 2011
Financial
Statement Accepted
Amount KPG Adj. WSDOT Adj. Ref. Amount
°f®
Direct Labor ;2,817,914 $3,600 Q $2,821,514 100.00%
Fringe Benefits:
Vacation, Sick, & Holiday $556,434 $556,434 19.72%
Payroll Taxes 252,650 131,345 Q 383,995 13.61%
Health Insurance 466,347 466,347 16.53%
Workers' Comp. Insurance 19,953 19,953 0.71%
Holiday Bonus 6,100 (6,100) M 0 0.00%
Profit Sharing (401 -k) 73,279 73,279 2.60%
Total Fringe Benefits $1,374,762 50 $125,245 $1,500,007 53.16%
General Overhead:
Indirect Labor $1,155,440 ($5,139) ($140,386) A,N $1,009,915 35.79%
Bid & Proposal Labor 318,208 318,208 1128%
Accounting & Legal 31,829 (12,475) 8,400 F, T 27,754 0.98%
Automobile 90,792 (29,081) (28,118) B, 0 33,593 1.19%
Bank Charge 6 6 0.00%
Donations 2,350 (2,350) J 0 0.00%
Conferences 16,493 (2,680) D,J,L 13,813 0.49%
Organizations 22,259 (78) E 22,181 0.79%
Publications 5,027 5,027 0.18%
Employee Services 52,297 (52,297) P (0) 0.00%
Interest 6,365 (6,365) G 0 0.00%
Licenses 7,804 7,804 0.28%
Meals 42,499 (42,499) H 0 0.00%
IT - Computer 121,894 121,894 4.32%
IT- Telephone 101,895 (1,055) 15,738 D,Q 116,577 4.13%
IT - Training 15,986 15,986 0.57%
Office Supplies 52,745 52,745 1.87%
Payroll Services 6,653 6,653 0.24%
Postage & Delivery 3,274 3,274 0.12%
Printing 4,002 4,002 0.14%
Recruiting Costs 311 311 0.01%
Rent 547,488 (270,210) (32,006) K, R 245,272 8.69%
Repairs & Maintenance 60,173 60,173 2.13%
Shareholder Buyout 94,086 (18,650) (75,436) G,S 0 0.00%
Survey 46,150 46,150 1.64%
Taxes & Insurance 405,108 (20,968) C 384,140 13.61%
Travel 8,396 (8,396) H (0) 0.00%
Utilities 36,211 36,211 1.28%
Depreciation 146,622 (88.959) I 57,663 2.04%
Total General Overhead $3,402,361 ($508,904) ($304,105) $2,589,352 91.77%
Total Overhead Costs
Overhead Rate (Less FCC)
$4,777,123 (5508.904) ($178,860) $4,089,359 144.93%
169.53% 151.47% 144.93%
Page 1
76
Description
KPG, Inc.
2011 Overhead Schedule
For FY Ending December 31st, 2011
Financial
Statement Accepted
Amount KPG Adj. WSDOT Adj. Ref, Amount
Facilities Cost of Capital
$23,756 0.84%
$4,113,115
Overhead Rate (Includes FCC) 145.78%
KPG Corp - Reviewed & Accepted 8 /10/2012, MJP
"Overhead Rate still subject to WSDOT Audit"
References
KPG Adjustments:
A l Overtime premium unallowable $486 per 48 CFR 22.103 -1, 22.103 -4(g)
A2 Severance pay unallowable $4,653
B Mixed use auto allowances ? 1/2 of $58,161 per 48 CFR 31.205 -6 (m) (2) and 31.205 -46 (d)
C Key person life insurance unallowable $20,968 per 48 CFR 31.205- 19(e)(2)(v).
D1 Advertising unallowable (1/2 page ad) $225 per CFR 31.205 -1
D2 Advertising unallowable (yellow pages) $1,055 per CFR 31.205 -1
E Lobbying unallowable $78 per CFR 31.205 -22
F Tax preparation fees unallowable $12,475 per 48 CFR 31.205 -41 (b) (1), 31.201 -6 (a), S -Corp
GI Interest unallowable $6,365 per 48 CFR 31.205 -20.
G2 Interest unallowable $18,650 per 48 CFR 31.205 -20,
II1 Inadequate supporting documentation unallowable (meals) $42,499
H2 Inadequate supporting documentation unallowable (travel) $8,396
I Accelerated depreciation unallowable $88,959
J1 Donations Unallowable $2,350
J2 Donations Unallowable $560
K Common Control Rent adjustment $270,210
L Entertaimnentunallowable (golf) $1,895
WSDOT Adjustments:
M Bonus is not performance based all employees revived $100 Holiday gift, 48 CFR 31.205 -6 (f), AASIITO Chp 7.12
N Two Employee's received $50,000 each of unallowable distributions, payment for Gym, $2,609 is
unallowable 48 CFR 31.205 -13 (c), medical payment already in fringe benefits $38,263,WSDOT overhead policy expired
with OH's for 2009 (see ref Al) $486 now allowable.
O Personal use of Auto's unallowable removed 63% of all Auto accounts, per mileage log provided by firm, 48 CFR 31.205 -46 (d)
P Entertainment, Gifts, Dinners and Gym membership is unallowable 48 CFR 31.205 -13 (b), 31.205 -14,
Q Improper calculation, fine missed $15,738 indirect expense and $3,600 of direct labor, taxes in addition to FICA not
expensed in the amount of $131,345
R $32,006 of sub - leased rent received, 48 CFR 31.201 -5
S Organization cost of shareholder buyout is unallowable 48 CFR 31.205 -6 (i) & 31.205 -27
T WSDOT Overhead policy expired with 2009 Overhead, see Ref F, $8,400 tax Prep fee's allowable, $4,075 of S -Corp
personal tax Prep still unallowable
Page 2
77
Exhibit G & G -1
Subcontracted Work /Fee Determination
The AGENCY permits subcontracts for the following portions of the work of this Agreement:
CNI Locates — Field Utility Locates
Task 2 (Prepare Base Maps)
Total Budget is $1,000.00 as shown in the Budget and Expenses section of Exhibit E -1.
GeoDesign Inc - Geotechnical Review
Task 2 (Prepare Basemaps)
Total budget is $8,990.00 as shown in the Budget and Expenses section of Exhibit E -1.
Widener & Associates — NEPA Documentation
Task 4 (Widener & Associates)
Total budget is $5,980.00 as shown in the Budget and Expenses section of Exhibit E -1.
78
Project: T0ksatlie Safe Routes to Sohon@ - Tnorntivke E@etvte
Job No. KPG -24 -01
Standard Schedule (SS) or Direct Salary Cost (DSC)
Lamar Ratd Direct Salary Cost (DSC
0eoDesian OH Rate, If DSC calculatio is used
if Labor IS DSC 15 the Fixed Fee =; F x (OSCa01-9 9
Allowable Hamilton Charge
'vary 0643 "U rodeo
DSC
17 ?33
180
12:00%
GeoDesign, Inc. FEE SUMMARY
t Iscd Foe
Ins(tede L borat.
Ilan/meted 'YE
PROJECT 1000590 DR 041
Field Work
Engineering and
Report
Date 9(9)2013
�IYI44upb
Senlar Lab Tat3}
Lab Technician I
ubContrectorsj Tota Hours Labor Rate 1 Cost
2.
3.
4
5.
rele 6i:r?w y �r - Ai�•.t i
,ii y.tl' &Ells} UCG c: :0051!
Frtg,:eexup:,r. res' 99301
5 «roirn To b i ■
SUBTOTAL - Labor
OVERHEAD ION) COST (Including Salary Additives)
FIXED FEE (00):
= Fixed Fee xiDEC) or 30% r (51,214 29)
0920
990
156
0637 957
1,096
98
191 17
.....51,924 j -...
eerin4
Report
3473
91,214
2,091
364
Hl t6 -'d�Yx a ...,..,........
;le
5)
Field Work
Engineering and Laboratory
URSABLES'
Testing
SubContractoro Unit
Rate
Extended
LABORATORY 7087990.
((E5� cn1 oktxPgrae r as rr)de,r�gt....,.
Field Work Engineering and 1 Laborato.
Report Testing
j Subcontractors
Unit
Rate Extended
.,.;SUayoPA3. t„4t€.
OeaignCharg“ SubTOW ?.
.11,11@ ti
0eolegr„ Gn
thin L,cater..,
T x 4r 7 o i?inii
91,708
$4.831
Field Work Engineering andry Laboratory
Report Testing
SUBTOTAL HC
Extended
_. ,
52 912.
0 r9
Field Work
3,11
1,abotatnry SCIbCOtitt
Testing
TOTAL - ESTIMATED FEE
Prepared B1.._...._-
Cbeciied eu
9020
Date
Date
8,974,
88,974.94
79
For:
KPG - Nelson Davis
Exhibit G -2
Thorndyke Elementary SRTS
City of Tukwila
Cost Estimate
From:
Widener Associates
Project
Manager
Project
Biologist
Hours
Hours
Task 1 - Data Collection
DNR
0
4
WDFW
0
4
Site Visit /Survey
4
4
Task 2 - APE Exemption
APE
4
8
Task 3 — Compliance Documentation for No Effect
Documentation
6
Task 4 — ECS
Draft
2
12
Final
2
6
Total hours
14
44
Summary
Hours
Rate
Cost
Project Manager
14
$154.00
$2,156.00
Project Biologist
44
$86.80
$3,819.20
Expense
Total Labor
$5,975.20
TOTAL ESTIMATED COST
$5,975.20
80
LOCATESLTD
September 1311i, 2013
KPG, Inc.
Attn: Nelson Davis
753 9th Avenue N
Seattle, WA 98109
EXHIBIT G -3
RE: Statement of Negotiated Rates
City of Tukwila — Thorndyke Elementary Safe Routes to School
This letter is to confirm that C -N -I Locates Ltd. does not have an audited overhead rate and that
we contract for services based on a negotiated hourly rate that includes direct salary, overhead,
and fee. The rates below are the lowest rates charged to our preferred customers. I also confirm
that all direct non -salary costs will be invoiced without markup.
LEAK DETECTION
I griT FICA't 1QP7rgF LIQUID AND AIR LEAK Utilizing both electromagneti nd acoustic. locating $ 125 PER HR
equipment to identify leaks.
MAGNETIC DETECTION
LENTIFICAT.ION F FERROUS Alt ON- FERRQUS P4 TALS Utilizing Magnetic Locators to identify $ 80 PER HR
a variety of utilities, i.e. Weil casings, septic tanks, manhole covers, iron pipes, survey /Oa�n'i nt�,lcrs,
valve boxes, steel drums, and fuel storage.
METALLIC LINE DETECTION
UTILITIES tfayrr(Q_BREAK IN ELECTRICAL CONTINUITY: Utilizing radio frequency electromagnetic $ 80 PER HR
transmitters and receivers to tone and locate Electrical, Phone; Gas, TV, Sewer, Water and Storm Lines
NON - METALLIC PIPE DETECTION
IDENTIIFICATION OFJ QN- FLETALLIC UTILITIES: Accomplished by Inserting a variety of transmitters $ 105 PER HR
and or insulated tracer wires and then pinpointing their location with radio frequency electromagnetic
receivers, at depths of up to 100 feet.
GPR CONCRETE & STRUCTURAL SCANNING
mpg) GEOPHYSICAL METHOD I1 AT U ES RADAR PULSES TO IMAGE FLOORS, WALLS AND CEILINGS: $ 200 PER HR
Used to locate rebar, plastic and metal conduits, locate and estimate. depth of post tension cables,
determine cover depth, detect deterioration, discover voids, detect current carrying cables, etc,
180 PER HR
GPR SUBSURFACE UTILITY SCANNING
(GPR) GEOPHYSICAL METHOD THAT ES RADAR PULSES TQ IMA 'E THE S DSURFAU. GPR can
he a powerful tool for mapping the location and depth of metallic, nor- metallic, plastic, concrete and
asbestos - concrete utilities and detects the reflected signals from subsurface structures.
CRITICAL FACILITY STANDBY
PFUID NG UNDERGRQi_ND UTILITY INSPECTIQN SERVICES: Monitoring construction activities $ 60 PER HR
within a five foot margin of communications or petroleum facilities.
81
EXHIBIT G -3
ELECTRICAL FAULT DETECTION
IO _KN IFICATICIN; EL (21 IC GROUND Use s,: Utilizing a Multi--14 .te:r, radio frequency elect rcr- $ 90 PER HR
magnetic transmitter and receiver, with A- frame, to identify precise location of electronic: ground faults.
MAINTENANCE LOCATING
VERIFY AND MAINTAIN FIELD LOJA T E MARK NG,E_APPj1E r BY pQ em:K.O=rILITY OWNERS: This 80 PER HR
successful consulting ..rvite is used on large, lengthy projects, in an effort to comply with field marking
requirements and meet project objectives,
UTILITY DESIGN SURVEYS
IGENTIFICA.TION F.F PUBLIC AND PRIVATE tUTILITIES: Field marking the location of all utilities $ 80 PER HR
n a specified area, for the purpose of preliminary engineering and planned develupment,
VIDEO PIPE INSPECTION
NIDEDt " FFjINSP G ON OF UTILaTI : Accc3rrtmpli.shed by inserting video cameras and electronic $ 135 PER HR
beacons through utilities in order to locate, inspect and video tape the condition of the facilities,
We appreciate the opportunity to work with you on this project. If you have any questions or need
additional information, please call.
Sincerely,
C -N -I Locates Ltd.
Larry Gasser
President
PO Box 7740
Bonney Lake, WA 98391
(253) 826 -1177 Office
(253) 261 -1868 Cell
(253) 826 -2232 Fax
www.cnilocates.com Web
larry c(�cnilocates.com E -mail
"IT'S A JUNGLE OUT THERE."
:• 2 -HR MINIMUM, ALL SERVICES. HOURLY SERVICE RATE APPLIES TO ALL TRAVEL TIME (TO AND FROM PREVIOUS
CLIENT OR FIELD OFFICE)
•: EMERGENCY SERVICES -- OVERTIME RATE APPLIES / AFTERHOURS & WEEKEND SERVICES -- DOUBLETIME RATE
APPLIES
❖ All travel over 100 miles billed at standard 2012 IRS Mileage reimbursement rate of $ 0.555 /mile
PO Box 7740 • Bonney Lake, WA 98391 TOLL FREE: 1- 877- 826 -1177 • Phone: 253- 826 -1177 • Fax: 253 - 826 -2232
VISIT OUR WEBSITE AT: WWW.CNILOCATES.COM OR E -MAIL US AT: INFOPCNILOCATES.COM
Viz lity Isn't Expensive • , .. It's Priceless"
82
Widener & Associates
EXHIBIT G -3
Transportation & Environmental Plannin
Tel (12. .5 »f . , °.' ,"1"'
September 13th, 2013
KPG, Inc.
753 9t" Avenue N
Seattle, WA 98109
Subject: Hourly Rate Statement
Dear Nelson Davis, Contract Administrator
Please consider this letter to be a statement of rates for DGK Inc. DBA Widener & Associates (Widener).
It covers consulting work for;
City of Tukwila on issues related to environmental permitting and coordination for this project.
"City of Tukwila — Thorndyke Elementary Safe Routes to School"
Widener is a five - person firm with no calculated overhead rate. We charge a flat hourly fee for services
that is all- inclusive of direct salary, overhead and fee. The hourly fees offered for this contract are the
lowest fees we offer for preferred clients. I also confirm that all direct nonsalary costs will be invoiced
without mark -up.
• Project Manager - $140.00
• Biologist - $86.80
We appreciate the opportunity to work with you on this project. If you have any questions or need additional
information, please call at 425 -503 -3629.
Sincerely,
Ross L Widener
Vice President
WIDENER & ASSOCIATES
83
viwilmr.A. Washington State
WAIF Depart t of Transportation
Lynn Peterson
Secretary of Transportation
May 13, 2013
Jeff Tucker, Principal
Geo Design, Inc.
15575 SW Sequoia Pkwy, STE 100
Portland, OR 97224-7195
Re:
Geo Design, Inc. Indirect Cost Rate Schedule
Fiscal Year End December 31, 2011
Dear Mr. Tucker:
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia: WA 98504-7300
360-705-7000
TTY: 1-800833-6388
wvvw.wedotwa.gov
We have completed a desk review of Geo Design, Inc. indirect cost rate schedule for the above
referenced fiscal year. Our review included the documentation provided by
Geo Design, Inc.
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 Geo Design, Inc. accounting
system and the basis of indirect costs.
Based on our work, we are issuing this letter of review establishing the Geo Design, Inc. indirect
cost rate for the fiscal year ending December 31, 2011, at 172.23% 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).
Also, when you provide next year's indirect cost rate schedule to our office or to your CPA firm,
please submit either your internally prepared Compensation Analysis, or the National
Compensation Matrix (NCM) worksheet.
If you, or any representatives of Geo Design, Inc. have any questions, please contact Martha
Roach, Jeri Sivertson, or Steve McKerney at (360)705-7003.
elLe 40-1-9a/e ‘7Z:
tha S. Roach
Agreement Compliance Audit Manager
MR:ds
Enclosures
cc: Steve McKerney, Director of Internal Audit
Jeri Sivertson, Assistant Director of Internal Audit
Larry Schofield, MS 47323
File
84
Description
Direct Labor
Geo Design, Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2011
Financial
Statement Geo Design
Amount Adj WSDOT Adj
$2 350 847
, ,
$15,862
Ref
Accepted
Amount
a. $2,366,709 100.00%
Indirect Costs:
Fringe Benefits
Vacation $315,238 $315,238 13.32%
I Ioliday 141,680 ($11,322) b. 130,359 5.51%
Sick & Other Leave 99,004 788 c. 99,792 4.22%
Payroll Taxes 456,917 456,917 19.31%
Group Insurance (Includes Key Man) 431,066 (8,889) 6 422,177 17.84%
Incentive Payments - Bonuses 502,231 (205,369) ($296,862) 14,E 0 0.00%
Profit Sharing 0 0 0.00%
Fitness Benefit 3,201 3,201 0.14%
Retirement Benefits/401K 120,385 120,385 5.09%
Fringe Benefit 0 (160,455) P (160,455) -6.78%
Total Fringe Benefits $2,069,722 ($224,791) ($457317) $1,387,614 58.63%
General Overhead
Indirect Labor $1,817,394 ($405,515) ($240,476) 10,14,15,18,K $1,171,403 49.50%
Bid & Proposal Labor 240,476 K 240,476 10.16%
Labor Variance (257,301) (257,301) -10.87%
COG - Lab & Field Supplies 153,716 (79,197) (4,756) 1,12,F 69,763 2.95%
Building Rental and Expenses 386,064 386,064 16.31%
Equipment Rental and Expenses 68,510 68,510 2.89%
Utilities 831 831 0.04%
Travel and Expenses - general 22,843 (8,326) 0 14,517 0.61%
Employees' Expenses 121,509 (21,584) (16,619) 2,3,4,J 83,306 3.52%
Taxes and Licenses - general 74,524 2,503 (44,627) 13,G 32,400 1.37%
Depreciation and Amortization 257,599 (51,335) 1 206,264 8.72%
Postage 19,481 (2,030) H 17,451 0.74%
Subscriptions 8,837 (5,006) I 3,831 0.16%
Donations 11,661 (11,661) 5 0 0.00%
Professional Insurance 310,655 (50,000) M 260,655 11.01%
Bad Debts (103,823) 103,823 7 0 0.00%
Office Expense 291,538 (21,508) (3,490) 8,11,N 266,540 11.26%
Interest - net 33,359 (33,359) 9 0 0.00%
Professional Services 47,946 (2,505) (265) 16,17,Q 45,176 1.91%
Temporary Help 90,923 (61,525) D 29,398 1.24%
Advertising/Promotional materials 18,544 (18,544) 10 0 0.00%
Marketing Expense 65,974 (65,974) 2,3,4 0 0.00%
Computer Expense 92,947 (30,845) (310) 19,L 61,792 2.61%
Lab Equipment Recovery Credit, Refun( (33,490) (33,490) -1.42%
Total General Overhead $3,500,239 ($635,700) ($196,954) $2,667,585 112.71%
Total Indirect Costs & Overhead $5,569,961 (8860,492) ($654,271) $4,055,199 17134%
Indirect Cost Rate (Less FCC) 236.93% 19899%
Facilities Cost of Capital (FCC) $21,011
Indirect Cost Rate (Includes FCC) 237.83%
Page 1
171.34%
$21,011 0.89%
172.23%
85
Inc.
Indirect Cos Rate Schedule
For the Year Ended December 31, 2011
Financial
Statement GeoDesign Accepted
Description
GeoDesign, Inc - Reviewe & Accepted by SAH 05/13/13
"Overhead Rate still subject mR2D07Audit"
References
GovDe»4gnAdjuxmmcum:
l FAR 31.202 (a) - Direct Project costs unallowa le
2 FAR 3}.2V5'46' Travel Costs iu Excess ofFTRRates
3 FAR 31.205-51 ' Alcohol unallowable
4 FAR 3\.205'46' Local meals unallowable
5 FAR 31.205-8- Contributions
6 FAR Jl]0j'19(o)(2)(v)-Koy Man Insurance
7 FAR 31.205-3-Bad Debts
8 FAR 31.205-15- Fines/Penalties
9 FAR 31.205-20- Interest Expense
10 FAR 31.205-1- Advertising and Promotional costs
11 FAR 31.205-16 Ernployee Morale, Health etc.
l3 FAR 3l2O5'18 (Allowed B&P) and FAR 312V5'38(Dual1owcdl-B33)
13 FAR 31.205'41 Taxes
14 FA}<.3|.2O5'6(u)(6)(i)(4) Bonus Awards, Severance
l5 FAR 22.lV3'1'22.3Ol'4(g) Unallowable Overtime
16 pAB.91205'6 Bonus Awards, Severance
17 FAR 31.205-27 - Accounting and legal fees considered as organizatiori costs are not allowable
l8 FAR 91.2O5-8L38- Unallowable murtetinglabor
19 FAR 31.201-2(d) - Unable to produce general ledger detail for review
a Direct Labor understated on Financial, see LDR
b. Holiday overstated on Financial, see LDR
c. Discrepancy on Financial, see LDR
WSDOT Adjustments:
D Temporary Dwlp' Comprised of$l6,4lldirect contract labor and $74,511 indirect contract labor
lncome statement reconciliation showed $16,41 1 diret contract labor inadvertently included in indirect eosts and
$45,114 direct costs imbedded in indirect contract labor account, unallowable per 48 CFR 31.202(a).
B Bonus - $296,862 adjustmen for remainder of bonus - no written bonus policy established prior to reporting period.
Also, unable to verify bonus based on employee performance and that individual performance goals were communicated to
employees prior to work being performed, per 48 CFR 31.205-6(1) and Chapter 7.12, AASHTO Audit Guide.
F COG - Lab & Field Supplies $4,688 adjustment for non billable direct mileage unallowable
per 48CPD3l202(a) and $68 adjustment for unallowable advertising per 4XCFD3l.2Oj'|.
G Taxes and Licenses reported on income statement support allowable costs of $32,400 per AASHTO Para 2.1.A:
($2,889 Miou. Tax/Lic + $26,443 state income tax + $2,551 VYA sales tax +$5l7C6 sales tax ~$32`400)
Adjustment uf$44.627applied to reflect the following corrections:
$33,994 adjustment to correct the financial statemen amount to match income statement.
$2,503 adjustment to counter Geo Design adjustment.
$8,130 adjustme for unallowable taxes reported on income statement per 48 CFR 31.205-41(b), 48 CFR 31.205-15(a),
and 48 CFR 31.201-6(d): ($10,426 Pers Prop Tax + $103 state tax penalty - $2,400 fed tax credit).
H Postage - $2,030 adjustment for marketing postage account on income statement not adjusted on ICR per
48 CFR 31.205-1.
) Subscriptions - $5,006 adjustment for marketing subscriptions account on income staternent not adjustcd
on ICR per 48 CFR 31.205-1.
J Employees' Expenses - $16,619 adj for lobbying, entertainment, gifts and direct costs unallowable
per 48CFR3l2O5'22'3l.205')4,3l.2O5'l](b) and 3l2O2(u).
K RoulumaifiodBid 6t Proposal labor from Indirect Labor m include itua its own line item per 48CFR3|2O5'>8,
CAS 42O and 28l2A6S8TO Audit Guide 6.9.
L Computer Expense '$3l0 adjustment for prior year expenses, unallowable per 48CFR3l2Ol'2(d.
Page 2
86
Certification of Final Indirect Costs
Firm Name: Geo Design, Inc.
Indirect Cost Rate Proposal: 172.23%
Date of Proposal Preparation (mm /dd /yyyy): 05/15/2013
Fiscal Period Covered (mm /dd /yyyy to mm /dd /yyyy): 01/01/2011 to 12/31/2011
1, the undersigned, certify that i have rev /eed the prtfroal to establish final indirect cost rates
for the fiscal period as specified above and to thd#west of my knowledge and belief:
1.) All costs included in this proposal to establish final indirect cost rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48,
Code of Federal Regulations (CFR), part 31.
2.) This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR 31.
All known material transactions or events that have occurred affecting the firm's ownership,
organization and indirect cost rates have been disclosed.
Signature:
Name of Certifying Official* (Print):
Title:
Date of Certification (mm /dd /yyyy):
S / /a /,3
< 1A �.
*The "Certifying Official" must be an individual executive or financial officer of the firm at a level
no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to
represent the financial information utilized to establish the indirect cost rate for use under Agency
contracts.
Ref. FHWA Directive 4470.1A available on line at:
hlttr iwww fh w ,dot.go tilti eirsl lirertivesic r ier /447 k { a.htr'n
0/11 Certification; Nov 2010
87
________ _ „ +___�� , __„ ~_--�_~—_~�-
mcnzce -this comrnuriication may contain confidential arid privileged information that is for the 501e us,e of the intericied recioent. Any
v'cmmu' Copying vr distribution of, or reliance v"this by unintended rec[pie,nts /ssmcuy prohibited. n you have received this
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88
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
89
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.
90
Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
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
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit 1
Revised 6/05
91
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:
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
DOT Form 140 -089 EF Exhibit J
Revised 6/05
92
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.
93
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
94
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.
95
Exhibit M -1(a)
Certification Of Consultant
I hereby certify that I am a Principal
representative of the firm of
KPG, Inc.
753 9th Avenue N, Seattle, WA 98109
firm I here represent has:
Project No.
Local Agency
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.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
96
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila
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.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
97
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.
11. 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): KPG, Inc.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -2
Revised 6/05
98
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or 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): KPG, Inc.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
99
Exhibit M -4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 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 KPG, Inc. P.S.
are accurate, complete, and current as of September 17, 2013 * *. 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 KPG, Inc.
Name Nelson Davis
Title Principal
Date of Execution***
* 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.
DOT Form 140 -089 EF Exhibit M -4
Revised 6/05
100
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Dave Sorensen, Project Manager
DATE: September 20, 2013
SUBJECT: Tukwila Manufacturing /Industrial Center Smart Street Non - Motorized Project
Project No. 91310406
Consultant Selection and Agreement
ISSUE
Approve a consultant agreement with David Evans & Associates, Inc. (DEA, Inc.) to provide design
engineering services for the Tukwila Manufacturing /Industrial Center (MIC) Smart Street Non -
Motorized project.
BACKGROUND
This project will design and construct bicycle facilities, a shared use path, and shared bicycle /vehicle
lanes along portions of East Marginal Way South, South Boeing Access Road, and Airport Way
South. The project corridor extends from SR 599 on the south end of the Tukwila city limits to the
north end at Airport Way South.
ANALYSIS
Five engineering firms were evaluated to provide design services for the City's Tukwila MIC Smart
Street Non - Motorized project (see attached scoring and selection matrix). Each consulting firm
provides services with expertise in multiple engineering disciplines. All of the firms are well qualified;
however, DEA, Inc. provides a unique knowledge and understanding of the City's program that
provides efficiency and benefits which cannot be matched at this time by the other firms evaluated.
DEA, Inc. has prepared preliminary plans for several other recent City projects and has performed
very well.
BUDGET SUMMARY
Funding for design of the MIC Smart Street project is provided by Federal CMAQ grant funds of
$104,838.00. The City has also applied to PSRC for $500,000 in Transportation Alternatives Program
(TAP) grant funding for construction.
DEA, Inc. Design
Contract Design Budget
$ 104,886.00 $ 122,000.00
RECOMMENDATION
Council is asked to approve the consultant agreement with David Evans Associates, Inc. to provide
design engineering services for the Tukwila Manufacturing /Industrial Center Smart Street Non -
Motorized Project and consider this item on the Consent Agenda at the October 7, 2013 Regular
Meeting.
Attachments: Location Map
Scoring and Selection Matrix
Proposed 2014 CIP, page 26
Consultant Agreement
W: \PW Eng \ PROJECTS \A- RW & RS Projects \Tukwila MIC Smart Street Non - Motorized Project (91310406) \Consultant Selection \For TC Approval \Info Memo Consult Select.docx
101
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Project
Location
5 10
Rainier
Golf S.
Country
CS&
Hightine
Speoahy
Cont.r
City of TuKvo
a
OSZor
Golf
, Course
TUKWILA MIC CENTER SMART
TREET NON-MOTORIZED PROJECT
June 17, 2013
Vicinity
Map
102
Tukwila MIC Smart Street Non - Motorized Project (91310406)
Consultant Selection Matrix (Internal Selection, No Interviews)
DEA Associates
u_
u_
0.
Jacobs
Engineering
Pace Engineers
CH2M Hill, Inc.
Bikeway & Walkway Design
1
2
1
1
1
Current Knowledge of Tukwila Standards and Procedures
1
2
1
2
2
Environmental Experience
1
1
1
1
1
Experience with similar federal aid projects?
1
2
1
2
1
Expertise Using Federal Funds
1
2
2
1
1
Pavement Design / Rehabilitation Repair Expertise
2
1
2
1
1
Planning and Design
1
1
1
1
1
Small Scale Projects
1
2
3
2
3
Storm water Drainage & Detention Design
1
2
1
2
1
Survey Crew In -House
1
1
4
4
1
TOTALS
11
16
17
17
13
For each category, highest score is 1 (with the lowest or worst score at 5)
Consultant with the lowest score is ranked the best.
Staff: Dave Sorensen
Selection Date: 9/12/13
Selected Consultant: David Evans Associates
Selection Justification: This firm has demonstrated small project experience, in house
survey, and they are very current on Tukwila standards and procedures. Based on
overall score DEA prevailed.
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Tukwila MIC Smart Street Non - Motorized Project Project No. 91310406
DESCRIPTION: Design and construct bicycle lanes /facilities on the corridor of East Marginal Way S (Tuk Intl Blvd
to Boeing Access Rd) and Airport Way (BAR to NCL). Manufacturing /Industrial Center (MIC).
JUSTIFICATION: Non - motorized improvements are desired throughout the City to reduce traffic congestion and offer
alternative modes of travel.
STATUS: New project for the 2014 - 2019 CIP.
MAINT. IMPACT: Minimal impact, additional pavement markings and minor asphalt widening to maintain.
COMMENT: A federal grant, for design only, has been awarded for $104,838.00 in CMAQ funds.
FINANCIAL Through Estimated
(in $000's)
2012 2013 2014
2015
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
Design
58
64
122
Land (R/W)
0
Const. Mgmt.
58
58
Construction
500
500
TOTAL EXPENSES
0
58
64
0
0
0
0
0
558
680
FUND SOURCES
Awarded Grant
50
55
105
Proposed Grant
482
482
Mitigation Actual
0
Impact Fees
0
City Oper. Revenue
0
8
9
0
0
0
0
0
76
93
TOTAL SOURCES
0
58
64
0
0
0
0
0
558
680
2014 - 2019 Capital Improvement Program
26
104
Local Agency
Consultant/Address /Telephone
David Evans and Associates, Inc.
Standard Consultant
415 - 118th Avenue SE
Agreement
Bellevue, WA 98005
(425) 519 -6500
0 Architectural /Engineering Agreement
❑ Personal Services Agreement
Agreement Number
Project Title And Work Description
Federal Aid Number
Tukwila Manufacturing Industrial Center "Street
Smart" Non - Motorized Project: Work elements
Agreement Type (Choose one)
include survey and base mapping, alternatives
evaluation, design of bike facilities and drainage,
❑ Lump Sum
critical areas and permit support, and preliminary
Lump Sum Amount $
and final submittals of PS &E contract documents.
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
%
Overhead Cost Method
DBE Participation
❑ Actual Cost
❑ Yes ►5 No %
Federal ID Number or Social Security Number
❑ Actual Cost Not To Exceed
%
93- 066 -1195
❑ Fixed Overhead Rate
%
Do you require a 1099 for IRS?
Completion Date
Fixed Fee $
❑ Yes ►1 No
December 31, 2014
Total Amount Authorized $
104,886.00
F2 Specific Rates Of Pay
►Z� Negotiated Hourly Rate
Management Reserve Fund $
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
Maximum Amount Payable $
104,886.00
Index of Exhibits (Check all that apply):
/1
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
❑ 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
THIS AGREEMENT, made and entered into this day of September , 2013 ,
between the Local Agency of City of Tukwila , Washington, hereinafter called the "AGENCY" ,
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
105
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.
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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
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third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of 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 materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time 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.
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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 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 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.
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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 in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to 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.
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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.
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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 By
Consultant David Evans and Associates, Inc. Agency City of Tukwila
DOT Form 140 -089 EF
Revised 3/2008
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EXHIBIT A -1
SCOPE OF WORK
CITY OF TUKWILA
Tukwila Manufacturing Industrial Center
"Street Smart" Non - Motorized Project
Prepared by:
David Evans and Associates, Inc.
415 118th Avenue SE
Bellevue, WA 98005
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TABLE OF CONTENTS
SECTION 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1
1.01 Project Description 1
1.02 Design Criteria 1
1.03 Project Deliverables Furnished by the CONSULTANT 1
1.04 Responsibilities and Services Provided by the CLIENT 1
1.05 Project Assumptions 2
SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2
2.01 Project Management 2
2.02 SUBCONSULTANT Coordination 2
2.03 Monthly Invoices /Progress Reports 2
2.04 Project Kick -off Meeting and Progress Meetings 2
2.05 Quality Assurance /Quality Control Review 3
2.06 Change Management 3
SECTION 3.00 SURVEY 3
3.01 Field Review 3
3.02 Base Map 3
3.03 Topographic Survey 4
SECTION 4.00 ENVIRONMENTAL DOCUMENTATION 4
4.01 NEPA 4
4.02 SEPA 5
SECTION 5.00 DESIGN 5
5.01 Project Site Visits (4 Total) 5
5.02 Design Alternatives 5
5.03 Storm Drainage 5
5.04 Preliminary and Final Design (60% and 95% Completion) 5
5.05 Prepare Ad Ready Documents 6
5.06 Assistance During Bid Period 6
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1.00
D ESCRU
DEL 11BLES
'ER1A,
The City of Tukwila (CLIENT) is requesting professional services from David Evans and Associates, Inc.
(CONSULTANT) for preparation of Plans, Specifications, and Estimate (PS &E) documents for the
construction of bike facilities on East Marginal Way S from SR 599 to Boeing Access Road and on Airport
Way from Boeing Access Road to the city limits. The proposed bike facility may include bike lanes,
shared use path, and sharrow lanes. This project includes alternatives evaluation and PS &E
development.
The major features of the project include:
• Survey and base mapping.
• Alternatives evaluation.
• Design of bike facilities and drainage.
• Critical areas and permit support.
• Preliminary and final submittals of contract documents.
The design and PS &E will be based on the requirements of the City of Tukwila Infrastructure Design and
Construction Standards. Project specifications shall be based on the 2014 WSDOT Standard
Specifications and the City of Tukwila's General Special Provisions.
ri
The CONSULTANT shall maintain a project file for pertinent work items. The CLIENT review sets will be
returned with each subsequent revision, illustrating that each review comment has been addressed as
stated or how /why it was not addressed. The CONSULTANT shall deliver the following documents and
products to the CLIENT as part of this agreement:
• 3 copies each of the draft and final ECS form
• 3 copies each of the draft and final SEPA checklist
• 1 hard and electronic copy of Design Alternatives (roll plot)
• 6 copies of the 60% PS &E (11 "x17" at 1 " =40' scale) for review by the CLIENT
• 6 copies of 95% PS &E (11 "x17" at 1 " =40' scale) for review by the CLIENT
• 1 electronic copy of the PS &E bid set
• 1 unbound copy of the final set of specifications
• 1 copy of the stamped and signed final plan set
• Provide electronic bid documents to Builders Exchange
• Prepare required addenda to contract documents
The CLIENT will:
• Provide all available existing as -built plans, right -of -way (ROW) plans, horizontal and vertical
monument information, G.I.S. maps, and other mapping information as available to the
CONSULTANT.
• Provide all City standard specifications and City bid forms in Microsoft Word format.
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•
•
•
•
•
Review all submittals made to the CLIENT within 15 working days, or as agreed, and return them
to the CONSULTANT with consolidated written comments regarding changes or revisions
needed
Provide an electronic copy of the aerial photograph to reference into CAD drawings.
All drawings will be prepared in AutoCAD 2012 format, utilizing the CONSULTANT's CADD
standards, and drawn at one inch equals forty feet for 11" x 17" plans. Only 11 "x17" plans will
be developed for this Scope of Work.
Specifications will follow WSDOT /APWA Standard Specifications 2014 and the City of Tukwila's
General Special Provisions.
The project duration is assumed to be six (6) months.
ION 2,00 PR, ' i£f MAN E EN
Direction of the CONSULTANT staff and review of their work over the course of the project shall be
provided. This work element includes preparing monthly progress reports that include the status of
individual work elements, number of meetings attended, outstanding information required, and work
items planned for the following month.
Monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. These actions
may include formal requests for increases, modifications, or reductions in scope and /or budget.
The CONSULTANT will use an earned value spreadsheet to monitor and track project expenditures by
task. The earned value spreadsheet shall be submitted with each invoice and progress report.
Drawings and documents received and generated over the course of the project require review,
coordination, and file management. The status of requested information will also be maintained.
Direction of the SUBCONSULTANT and review of their work over the course of the project shall be
provided by the CONSULTANT. Monthly monitoring of the SUBCONSULTANT's design budget will occur
over the course of the project. Current status, as well as projections, will be developed. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. These actions
could include formal requests for increases, modifications, or reductions in scope and /or budget.
Monthly invoices will be prepared by the CONSULTANT per CLIENT requirements for work activities for
the prior month. These invoices shall also include SUBCONSULTANT work and will be accompanied by
monthly progress reports. Invoices will include back -up material for all expenses and will show approved
budget and amount expended to date.
Deliverables: Monthly Invoices and Progress Reports (6 total).
After receiving notice to proceed from the CLIENT, the CONSULTANT will conduct a project team kick -off
meeting with staff expected to be involved in the project and key CLIENT staff. The meeting will be used
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to discuss key elements of the Scope of Work, the project schedule, document control, and QA /QC
procedures; and to clearly define the roles and responsibilities of the project team members.
This work element provides for the preparation, attendance, follow -up, and documentation of meetings
during the length of the project. These meetings will be the forums for agencies to provide input and
guidance for the direction of the project. They will also be used to discuss project issues, approve
submittals, and develop potential solutions.
The CONSULTANT shall prepare for, attend, and document up to six (6) meetings with CLIENT staff.
Meetings will be required for coordination with the CLIENT and other affected agencies. The
CONSULTANT will attend one meeting every month with the CLIENT's project manager for the duration
of the project. The meetings will be held in a location acceptable to the CLIENT and the CONSULTANT.
Deliverables: Meeting Minutes (7 total).
This work element is for the QA /QC review of CONSULTANT deliverables by a designated QA /QC staff
member of the CONSULTANT team. The review will cover documents, reports, PS &Es, and pertinent
information on an on -going basis. The program entails the periodic review of study criteria, design, and
assumptions, as well as concepts and presentation of product format, and assures that the overall
project objectives are being fulfilled.
Project Managers from the CLIENT and the CONSULTANT are responsible for managing changes to the
scope and schedule. The CLIENT is responsible for the authorization of any changes to the scope,
budget, and /or schedule. Team members must ensure that work within their areas remains within the
defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could
cause a change in scope, personnel, cost, or schedule, team members must communicate potential
changes to the Project Manager as early as possible. Project Managers will determine whether the
potential change issue will lead to a change in scope, cost, or schedule.
The CONSULTANT shall obtain written authorization from the CLIENT before implementing any change
to this Scope of Work, schedule, or budget. All changes shall be documented using the Project Change
Form.
SECTION 3M0 SURVEY
The CLIENT will provide the CONSULTANT with all existing survey data for the project. It is assumed
vertical information will not be required since any widening will match the existing roadway cross slope.
FieN
The CONSULTANT and project team will conduct a field review at the outset of the project to identify
key field conditions that may impact the design including the location and /or presence of driveways and
roadways, trees, mail boxes, on- street parking, ADA compliance, utilities (underground and overhead),
potential intersection site distance and clear zone issues, and drainage issues.
The CONSULTANT will use the CLIENT - provided as -built as the base map for the design of this project.
The CONSULTANT will overlay the as -built data on an aerial photograph provided by the CLIENT.
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Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 17, 2013
117
'rep
Topographic survey is not included in this Scope of Work. Once the design alternatives have been
developed and field topographic survey is needed, the topographic survey will be negotiated as a
supplement.
SECTION 4.00 ENVIRONMENTAL DOCUMENTArnorq
The CONSULTANT shall work with the CITY to execute a Categorical Exemption (CE) for the project to
comply with the National Environmental PoIicy Act (NEPA). Details regarding the level of environmental
documentation required for the project to be in compliance with NEPA and the State Environmental
PoIicy Act (SEPA) are provided below.
The CONSULTANT shall conduct a site visit and prepare an Environmental Classification Summary (ECS)
in pursuit of a NEPA CE. The ECS will require compliance with Section 106 of the National Historic
Preservation Ac (NHPA) and Section 7 of the Endangered Species Ac (ESA). Prior to the preparation of
any NEPA-related documentation, the CONSULTANT shall contact the WSDOT Highways and Local
Programs (H&LP) office to confirm the proposed approach and submittal requirements.
Section 7 ESA Compliance
Due to the location of the project site within an urban built environment, it is anticipated that ESA
compliance will not require consultation with NOAA and USFWS, and that Section 7 concurrence will be
granted by WSDOT H&LP. Part 5 of the ECS shall be prepared by the CONSULTANT in support of a No
Effect Determination.
Section 106 Cultural Resources Compliance
Section 106 compliance typically requires an archaeological / historic analysis of the site and adjacent
land, and consultation with local tribes. However, due to the location of the project site in an urban
built environment, it is anticipated that the project will qualify for a programmatic exemption from the
Section 106 compliance process as listed in H&LP's ECS Guidebook (March 8, 2013), Appendix C,
Exemption A'22 (Installation of bicycle and pedestrian lanes, paths, and related facilities within the
demonstrated vertical and horizontal Iimits of previous construction or disturbance). The CONSULTANT
shall request that H&LP seek a determination for the level of documentation required and contact the
Washington State Department of Archaeology and Historic Preservation Office (DAHP) to confirm that
the project site is not located within one-quarter mile of a known or recorded archaeological site.
Documentation of the exemption shall be recorded in the ECS. In areas where ground disturbance will
occur, it is assumed that as-built plans can be provided by the CLIENT as supporting documentation for
the exemption.
Should consultation with DAHP yield that the project does not meet the Section 106 exemption criteria,
preparation of an Area of Potential Effects (APE) map and Cultural Resources Survey Report can be
performed by the CONSULTANT and SUBCONSULTANT as an extra service.
Environmental Classification Summary (ECS)
The CONSULTANT shall prepare responses for each question identified in the 15-question ECS form,
consistent with Chapter 24 of the LAG. Supporting data and information will be utilized from existing
aerial photographs, site photographs, King County and City of Tukwila GIS data, and the City of Tukwila
Comprehensive Plan. It is assumed that the project will meet the conditions of a Programmatic CE as
outlined in the Memorandum of Understanding between WSDOT and the Federal Highway
Administration (FHWA), and that FHWA signature on the ECS will not be required.
omartm*wil"' Street Smart 13-09 zdo=
City of Tukwila 4 Scope of Services
Tukwila Manufacturing Industrial Center "Street Smart" Non-Motorized Project September 17, 2013
118
Deliverables: Draft ECS form and attachments for CLIENT review.
Draft ECS form and attachments for H &LP review.
Final ECS form and attachments for signature by the CLIENT and H &LP.
Assumptions:
• The project will meet the conditions of a Programmatic CE.
• Section 7 concurrence will be granted by WSDOT H &LP and preparation of a Biological
Assessment and formal consultation will not be required.
• The project will meet the requirements of a Section 106 exemption, and preparation of an APE
and cultural resources survey will not be required.
Following H &LP approval of the CE, the CONSULTANT shall review the preliminary design and determine
whether the project may qualify for an exemption from SEPA per WAC 197 -11 -800. For purposes of
scoping, it is assumed that the project will not be exempt, and the CONSULTANT shall prepare a SEPA
checklist in pursuit of a Determination of Non - Significance (DNS). The checklist will include a discussion
of potential impacts to all 16 elements identified in the City's SEPA Checklist. The SEPA Checklist will also
be accompanied by a completed ESA Screening Checklist.
Deliverables: Draft SEPA Checklist and ESA Screening Checklist for CLIENT review.
Final SEPA Checklist and ESA Screening Checklist for CLIENT review.
Assumptions:
• The CLIENT will provide all required public notice materials.
The CONSULTANT shall conduct up to four (4) site visits during the project to resolve design issues.
CLIENT staff shall be present at the site visits, if requested.
The CONSULTANT shall develop up to two design alternatives for bicycle facilities. The CONSULTANT will
determine the appropriate locations for bike lanes, shared use paths, and sharrows. The alternatives will
be shown on a roll plot with an aerial photograph background.
Deliverables: Roll Plot of Design Alternatives (hard copy and electronic pdf file).
The total amount of new impervious area is assumed to be less than 5,000 square feet; therefore no
stormwater detention or water quality treatment will be required. If stormwater detention or water
quality is required, it will be considered as extra services.
Deliverables: None.
The CONSULTANT shall bring the design to a 100% completion level with an intermediate milestone at
the 60% and 95% completions, and shall participate in a review coordination meeting to respond to
CLIENT staff questions and comments at each of the two stages. Review comments will be responded to
and incorporated as directed by the CLIENT Project Manager. The preliminary and final design will
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119
include the following elements, at a minimum, prepared by the CONSULTANT for both the 60% and 95%
submittals:
• Cover sheet including a vicinity map.
• Legend and abbreviations.
• Roadway sections (typical and special).
• Roadway /Channelization /Signing plans.
• Roadway details.
• Temporary erosion control plans (TESC).
• Contract documents and specifications (specials only).
• Cost estimate.
Deliverables: Six (6) hard copies of the 60% and 95% PS &Es (11 "x17 ").
The CONSULTANT shall prepare the following in accordance with the CLIENT's review comments from
the 95% final design and coordination meeting, and in accordance with regulatory agency permit
conditions:
• Modifications and /or revisions in response to CLIENT review comments from the 95% design
and coordination meeting.
• Final design of project elements.
• Special provisions and listing of CLIENT standard specifications, with fill -ins, to be incorporated
in the construction contract documents.
• Preparation of a final (100% completion) list of bid items, quantities, and a construction cost
estimate for a set of signed and reproducible construction contract documents.
The CONSULTANT will assemble all plan sheets, general and special provisions, cost estimates, and
associated documentation for submittal as an Ad Ready PS &E package.
Deliverables: Electronic submittal of Ad Ready PS &E to Builders Exchange.
One (1) unbound set of contract specifications.
One (1) set of signed and stamped 11 "x17" plan sheets.
The CONSULTANT shall provide assistance during the bid and award of the construction contract. The
following tasks will be provided by the CONSULTANT on an as- needed basis:
• If requested, the CONSULTANT shall attend a pre- construction meeting with the construction
contractor to assist the CLIENT in responding to questions and inquires.
• If requested, the CONSULTANT shall assist the CLIENT during the bid period to answer any
questions that arise concerning the PS &E documents, and will assist the CLIENT in preparing any
addenda required.
Deliverables: Attend and participate in the pre- construction meeting.
Prepare response to bidder questions and bid document addenda.
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120
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
DOT Form 140 -089 EF Exhibit C
Revised 6/05
121
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.
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."
b. The billing for Direct Non - Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT.
c.
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
122
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.
123
Exhibit E -2
CITY OF TUKWILA
TUKWILA MANUFACTURING INDUSTRIAL CENTER
"STREET SMART" NON - MOTORIZED PROJECT
Cost Estimate
er-d Associates,
Classification Hrs. x Rate = Cost
1 Project Manager (PMGR) 118 $ 18352 $ 21,655
2 QA/QC Manager (MGPE) 22 ? 183.52 $ 4,037
3 Professional Engineer (PFEN) 412 5 1 :P.4; $ 54,989
4 Sr. CADD Technician (SCAD) 107 107.69 $ 11,522
5 Environmental Planner (ENVP) 56 r 109.20 $ 6,115
6 Sr. Scientist (SSCI) 6 $ 121.64 $ 730
7 Administrative Assistant (ADMA) 49 84.94 $ 4,162
8 Project Administrator (PADM) 10 a 97.98 $ 980
Total Hrs. 780
Salary Cost
Direct Expenses
Reproduction Costs
Plans
Mail /Deliveries /Fed Ex
Mileage
Subtotal
DEA Subtotal
No. Unit Each Cost
20 sets @ $10 /set $ 200
$ :30 est. $ 240
450 miles @ $0.365 /mile $ 254
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Exhibit
CITY Olii
TUKIAtiLA ro A N U FACT U RI
"STREET SMART" NON-MOTORiZED
Hour Estimate
David Evans and Associates, Inc.
E 7
TUKWILA
NG INDUSTRIAL CENTER
PROJECT
Item No.
'No, k Item
,1•,.,E
.-
'
.,,
7
i
1. ,..:
,
7 1
La
-
65
,,,
.
,..... .
.
...,
-
1
.c.„
..,
rd7
. ,
.9 ,3119]] 7.
MIA
22
] 7883.r" LB 1- 28
'hr kr
,
Total
'69_ 5,
18 - ''
.6 5 -,
5
4
93
' ,' ' 8
28 - 0
36
45
35
- 12
- 40
"3
- 2 , - ,
2.00
Project Management and Quality Control
-
$10,025
2.01
Project Management (2 hrs/week for 6 months)
50
10
2.02
Monthly Invoices/Progress Reports (6 Total)
6
2
10
52 251
$902
2.03
Project Kick-off Meeting and Progress Meetings
3
2 1
2.04
2.05
Quality Control/Quality Assurance Review
1
2
2
5734
Change Management
4
iO(k,((Nri(1:,L7InZB(!181MT7-EBX1;PM51111(rMA.7',78F3(6i41*11iii(N4iiiliNJL]]Alqi,g1i15(1;:r51iB]5RKtBA7:]fgtVg(]12F]k(4DB.54Vl.B8W,W'1ir,
3.00
Survey
3.01
Field Review
4
4
3.02
Base Map
4
24
53 937
3.03
Topographic Survey
1 i...i.1i27 "3'(VAVI#ICWIiffe;--g-,igPtN.J.,-Ati.,XMe.-4W
4.00
Environmental Documentation
4.01
NEPA
1 I 1 3 32 4 4
4.02
SEPA
1 1 3 , 24 2 4
$3,971
,5,5a:54Z4'',',4an**.qiiii-9',4,i'W4iklil4h,4'.5:IN40-0,-j,g5;'5!)'',4At'g5(P4ggrAR4,;'TtN2,515,,Ij5:805
41,A,AA1',!-:4.041i-
5.00
Design
5.01
Project Site Visits (4 Total)
4
8
5.02
Design Alternatives
8
24 8
5;5 535
5.03
Storm Drainage
5.04
5,04 1
Preliminary and Final Design (60% and 95% Completion)
Pasliminary Desimi (60% Coinplekom
5 54 1
1
Covgr Sheet BI .4
1
2
3,3
5215
5 04 1
2
2
04 1
3
1
16 4
- 21
• 81. ' -
-29' .
:, 181.
'' . 30 ''
- 10
., 15
2
' ' 2 '
21 5 .
. -61 -
- 29
18 . -
, ,
.. 50 - -
: 10 -
- . 15 - ..
2
20
. - -18' -
. 538
5
:3 -, 0
5 04 i 4
1
50 30
$10.088
1
24 4
$3,813
5 04 1
5
TESC Plars (7 sngels)
1
1 12 4
$2,399
5.04 177
Csmarairti SpecificaSons (Specials OalLo
4
2 20 4
54,110
5 04 1
8
1
1 8
3 435
.4'
5 04.2
9
1
4 2 4 I 4
54355
Preliminary Design (9593 Com lotion)
5-
2 ,
5 04 71
5.04 2
2
2 ,
3215
5 04 2
3
1
16 4 '
$2,750
5 04 2.4
1
40 20
$7,676
1
24 4 .
13,8 1 (3
1
1 12 4
32.393
5 01 2
7
Conir3Ct SO(-34ifiCatiCW:i
2
5
2 40 I 6
56,582
3..435
1
1 8
5 04 2
3
1
4 4 2 , 4 I
2231)
5.05
Prepare Ad Ready Documents
]-
5 95 t
16 1
5.05 2
1 12 5 I
$2 324
5053
1
1 I 6
5 05 4
Final Construction [3 31,75
1
4
Upload Ad- Ready Docualents to Builder Exc.-M..4,0e welssite
1
, 2
$353
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CITY OF
T KWI A MANUFACTURING
"STREET BEET S A T" NON-MOTORIZED
Hour Estimate
David Evans and Associates, Inc.
thtc k 14.?n?
tF -2
TUKWILA
INDUSTRIAL CENTER
PROS
2 3 a s s s
Nip.
.,t
;sl
C)
1
s,7
._S
x
J9�
<L
i..
`.lk,i .-
DEA
Total
hrs
TGtat
hts
Total' Total
hrs hrs xs
1otat
hrs,
Total Tatat rTofal
tars hrs . rsr
Total
Total
5.06
'r 1
J52
Assistance During Bid Period
^ A?JelIda
t sound.oE 1 r°uz.c.l.r.v
2
2
2
2
2
2
6
571
Or's.3
nd rr. C r5 uctioo Meetrog
2
2
2
$649
. s
E N;RO =S
$ei94
TOTAL CONTRACT AMOUNT
118 22 412 107 56 6 49 10
780
$104886'
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Oregon Department of Transportation
,�
��.Audit Services
Central Services Division —Mxoc.oss Capitol Street mommout,omo7nV1rolepuooc 503'986'3213
September |6`2O|3
The Board uf Directors and 3bxkhoNcm
David Evans and Associates, Inc (DEA)
KC: David Evans and Associates, Inc. Schedule of Indirect Cost Rate
Fiscal Year Ended November 3,20\2
We have performed x cognizant review of do documentatioii and the working papers of your
independent CPA firm, Grant Thornton (WI of their audit of the Schedule of Indirect Cost Rate
for David Evans and Associate's (DEA) Fiscal Year Ended November 3, 2012 in accordance with
our role as Cognizant Agency as defined in 23 U.S.C. 112(6)(2)(c) and 23 CFR 172] and 1717.
Off cognizant review was performed in accordance \vith the AASI-ITO Review Progiaiii for CPA
Audits of Consulting Engineers' Indirect Cost Rates.
\Vc were provided vhbu copy ofG1`a audit report dated May |0,2U]3' copies o[ their working
papers and additional documentation from DEA.
Rased on our ieview, we accepted the audited Schedule of Indirect Cost Rate and this letter of
concurrence establishes DEA's Schedule of Indirect Cost Rate for the fiscal year ended
November 3,20\2u1 176.11% o[ direct labor and uFacilities Capital Cost of Mouey factor of
0.446% of direct labor. In this fiscal year, D8/\ proposed a field rate of 53.02%. Our review
concluded this was a contract specific rate and was not [0 be used by any state depaitmciits of
transportation.
A copy of this letter will be forwarded to the appropriate ()DOT contracting offices. If you or any
representative of DEA has any questions, please contact me at (503) 986'3213 or Ruth Wu at
(503) 986-4003.
SM
Margaret Cole, CPA
Extemal Audit Manager
Oregon Department of Transportation
on:RooGxopur, Chief Financial Ofticer, David I3vans and Associates, Inc.
Tony Parke, Partner, Grant Thornton
127
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
128
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.
129
Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
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
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6/05
130
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:
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
DOT Form 140 -089 EF Exhibit J
Revised 6/05
131
•
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.
132
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
133
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.
134
Exhibit M -1(a)
Certification Of Consultant
I hereby certify that I am Manuel Feliberti, P.E.
representative of the firm of David Evans and Associates, Inc.
415 - 118th Avenue SE, Bellevue, Washington 98005
firm I here represent has:
Project No.
Local Agency City of Tukwila
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.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
135
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila
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.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
136
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
L 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): David Evans and Associates, Inc.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -2
Revised 6/05
137
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or 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): David Evans and Associates, Inc.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
138
Exhibit M -4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 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
Tukwila Manufacturing Industrial Center "Street Smart' Non - Motorized Project ,E
contracting officers representative in support of
are accurate, complete, and current as of * *. 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 David Evans and Associates, Inc.
Name Manuel Feliberti, P.E.
Title Project Manager
Date of Execution * **
* 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.
DOT Form 140 -089 EF Exhibit M -4
Revised 6/05
139
Supplemental Signature
Page for
Standard Consultant
Agreement
Consultant/Address /Telephone
David Evans and Associates, Inc.
415 - 118th Avenue SE
Bellevue, WA 98005
(425) 519 -6500
Agreement Number
Project Title And Work Description
Tukwila Manufacturing Industrial Center "Street Smart" Non -
Motorized Project: Work elements include survey and base
mapping, alternatives evaluation, design of bike facilities and
drainage, critical areas and permit support, and preliminary
and final submittals of PS &E contract documents.
Federal Aid Number
Local Agency
City of Tukwila
THIS AGREEMENT, made and entered into this day of September , 2013 ,
between the Local Agency of City of Tukwila , Washington, hereinafter called the
"AGENCY" , and the above organization hereinafter called the "CONSULTANT ".
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written.
CONSULTANT
By
Consultant David Evans and Associates, Inc.
LOCAL AGENCY
By
Agency City of Tukwila
By By
Consultant David Evans and Associates, Inc. Agency
By
Agency
By
Agency
DOT Form 140 -089 EF Appendix 31.910
Revised 6/05
140
TO:
Cit of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
Peggy McCarthy, Finance Director
DATE: September 20, 2013
SUBJECT: Tukwila Urban Center— Pedestrian /Bicycle Bridge
Project No. 90510403
Acceptance of State Regional Mobility Grant
ISSUE
City acceptance of a State Regional Mobility grant in the amount of $6,870,000 awarded to the Tukwila Urban Center (TUC) Pedestrian/
Bicycle Bridge over the Green River Project.
BACKGROUND
In October 2012, Council authorized staff to submit a grant application to the Washington State Department of Transportation Regional
Mobility program for right -of -way acquisition and construction of the TUC Pedestrian /Bicycle Bridge. This grant application was
successful and funds have been incorporated directly into the Washington State biennial budget. According to CIP Policy, staff must
obtain approval from the full Council before accepting grants.
Design is underway with full design and permitting expected to be completed by March 2014. Right -of -way acquisition can take a year to
acquire and the City could start on this process soon. Construction is currently anticipated to be over an 18 -24 month period to
coordinate with fish windows and other restrictions associated with working over the Green River.
The Transportation Committee asked staff at the June 25 and August 27 meetings to return to Committee with a funding proposal for
park impact fees. The Proposed 2014 CIP sheet (attached) shows the revised expected park impact fees of $35,000 for 2013 and
$55,000 for 2014 and 2015 and a Interfund loan from the Water Fund for $665,000.
DISCUSSION
The Regional Mobility Grant Program requires a local match of at least 20% of the total cost of the project from direct contributions. City
funds, park impact fees and future grants may be used as match, as well as staff salaries and past expenditures, including previously
awarded grants for the design work. The Regional Mobility Grant is a 4 -year award over two state biennial budgets. The award for the
2013 -2015 biennium is $4.6M and the continuing award into the 2015 -2017 biennium is for $2.2M. This is very similar to the awarded
grant for the Transit Center Project from the same agency.
FISCAL IMPACT
Attached is a new draft of the 2014 CIP page 12 which still has
the $145,000 shown from Park Impact Fees in 2013, 2014, and
2015. The Park Impact Fee ordinance is based on up to
$1,600,000 to be utilized for the Pedestrian Bridge Project. To
make up the difference for lower than expected Park Impact
Fees, staff is proposing to issue General Obligation bonds for the
City match in the estimated amount of $1,662,000. As future Park
Impact Fees come in, they will help pay off the debt service. Staff
will return with more information as the project progresses and is
closer to construction with firmer cost estimates.
Phase
Design
Right of Way
Construction
Total
Amount
$1,633,833
$1,100,000
$7,485,000
$10,218,833
Funding Source
Awarded Grants
General Fund
Park Impact Fee
Regional Mobility
General Fund
Park Impact Fee
Regional Mobility
General Fund
Park Impact Fee
Total
Amount
$1,496,833
102,000
35,000
$870,000
175,000
55,000
$6,000,000
1,430,000
55,000
$10,218,833
RECOMMENDATION
Council is being asked to formally accept the State's Regional Mobility Grant for the Tukwila Urban Center Pedestrian /Bicycle Bridge
Project in the amount of $6,870,000 and consider this item at the October 14, 2013 Committee of the Whole and subsequent October 21,
2013 Regular Meeting.
Attachments Funding Options with Advantages & Disadvantages.
May 28, 2013 E -mail Notification of Award
Excerpt from the 2013 -2015 LEAP Transportation Document (ESSB 5024p
Draft 2014 CIP page 12
W:IPW Eng'sPROJECTSW- RW & RS Projects\TUC Ped Bicycle Bndge (90510403)) Grantsttnfo Memo - Grant Acceptance -rev 9 -20 -13 gl.docx
141
Pedestrian Bridge
Financing Options - Advantages & Disadvantages
Options
Term
Effect on General Fund
Option Advantages
Option Disadvantages
1
External
Debt
-- Issue general obligation
(GO) debt;
-- Pay debt service with park
impact fees
- -To the extent park impact
fees fall short of GO debt
service, establish an interfund
loan with the General Fund;
-- Pay back interfund loan
from future park impact fees
20
To the extent impact fees fall
short of GO debt service
(estimated at $127K -$133K
annually), General Fund would
fund shortfall with an interfund
loan; payback would occur
through future park impact
fees; no permanent general
fund impact
1. No long -term financial impact on
General Fund.
2. Debt issuance could be combined
with the 2014 general obligation bond
issuance planned for other arterial
street projects potentially reducing
financing costs.
1. Reduces debt capacity; capacity at 12-
31 -12 was $42M
2. Until debt service is paid off, limits
funding for other park impact fee
projects, ie Tukwila Pond
2
External
Debt
-- Issue private placement
bond, ie Cashmere Bank, or
obtain bank loan
-- Pay debt service with park
impact fees
10
To the extent impact fees fall
short of debt service
(estimated at $211K annually),
General Fund would fund
shortfall with an interfund
loan; payback would occur
through future park impact
fees; no permanent general
fund impact
1. Shorter repayment period
compared with GO debt option
lowering total interest cost
1. Higher annual debt service due to
shorter repayment term requiring
greater commitment of General Fund
resources for the interfund loan
2. Reduces debt capacity; capacity at 12-
31 -12 was $42M
3. Until debt service is paid off, limits
funding for other park impact fee
projects, ie Tukwila Pond
3
Internal
Debt
-- Issue Interfund loan from
General Fund to Arterial
Street fund;
-- Pay debt service with park
impact fees
10
Temporary use of General
Fund resources;
payback over 10 years
1. Internal lending rate is lower than
market thus lowering project interest
cost
2. Interest earnings from lending
activity remains with the City.
3. Debt is not considered in City's debt
limits.
1. Commits General Fund resources to a
greater extent than external lending
options
2. Until interfund loan is paid off, limits
funding for other park impact fee
projects, ie Tukwila Pond
4
Pay from
General
Fund
-- Pay from General Fund
reserves
na
General Fund permanent cash
outflow
1. Elimination of interest costs reduces
total project cost
2. No impact on City's debt limits
3. Future park impact fees available
for other projects, ie. Tukwila Pond
1. Use of General Fund resources
reduces funds available for other
projects, reserves or other purposes
Cyndy Knighton
From: Eldridge, Mark <EldridM @wsdot.wa.gov>
Sent: Tuesday, May 28, 2013 11:33 AM
To: Morrison, David; Dong, Jonathan; Kirk McKinley; Cyndy Knighton;
dianas @kitsaptransit.com; Barb Hunter (bhunter @piercetransit.org); Overby, Monica;
Wolterink, Lisa; Otterstrom, Karl; Howell, Gordon; Marcia Smith
(msmith @skagittransit.org); steve.wall @ci.ridgefield.wa.us; Heffernan, Peter;
(melissa.cauley @commtrans.org); Kathryn Rasmussen; DBloom @intercitytransit.com;
(BHolman @intercitytransit.com); 'dorinda.costa @seattle.gov'
(dorinda.costa @seattle.gov); Chuck Green (ChuckG @c - tran.org); julies @c- tran.org; Kelly
Hayden (khayden @piercetransit.org); 'Barb Savary' (savary@islandtransit.org);
madams @piercetransit.org; (kmcmullen @bft.org); Suing, Troy; Futrell, Kevin
(Kevin.Futrell @yakimawa.gov); dc1 @bft.org; AFreeman @intercitytransit.com; Martha
Rose; Dale O'Brien; (marciaC @ridewta.com) (marciaC @ridewta.com)
Cc: Rutledge, Nicole; Eldridge, Mark
Subject: Regional Mobility Grant Projects for 2013 -2015
Welcome!
You're receiving this email because your project(s) has been selected for funding by the Washington State Legislature for
the 2013 -2015 biennium. It's been almost a year since the call for new project went out and a lot of energy has been
expended getting to this point, well done!
Now that the project list is complete WSDOT staff will be preparing contracts for each new project. We will also be
preparing contract amendments for the continuing projects. I anticipate they will be ready and in your hands by the end
of June.
So what happens next? I have a few helpful hints and reminders to pass along:
• Please review your project schedule and make sure it's up to date. If it isn't, then please send me a revised page
by June 10th
• Please review your planned expenditures by quarter. If that needs to be updated, then please have that to me
by June 10th
• Any expenditure made on the project before June 30, 2013 can be counted towards your match requirement,
but not eligible for reimbursement.
• For four year projects make sure your scope of work will get you to the minimum milestones for continued
funding in 2015 -2017 biennium. The grant application guide describes the minimum milestones.
• Starting July 1, 2013 any eligible project expense is eligible for reimbursement regardless when the contract is
signed.
• A project Performance Measurement Plan (PMP) is required to be reviewed and approved by WSDOT before a
reimbursement request will be processed and check cut. There are examples of past project PMP's on the
Regional Mobility web page copying is encouraged. Janice Heimann will help you prepare the PMP and will also
be the one reviewing and approving. As you may recall Janice is the person you sent your Year 1 and Year 4 VT
and VMT reduction to in Step 1 of the grant application process. HelmannJ@wsdot.wa.gov 206 - 464 -1284. You
can start on this now and beat the rush.
• The project scope you included in your grant application is what we expect you to build or provide. If the
project scope must change for some reason you must contact me immediately.
• If you're project cost comes in 10% lower than you anticipated you must contact me immediately.
1
143
• When you do send us a reimbursement request please make sure its painfully easy for us to track the
expenditures. Some of the reimbursement request are several inches thick and we don't know what numbers
your taking from where. Please use highlighter, sticky notes, a spreadsheet anything to help us follow the rabbit
trail. It will get done faster and you won't get a phone call from us.
• The supporting documentation you send should add up to the total expenses on the reimbursement form (we
will send each grantee a custom Reimbursement Request form).
• A project that has more than 20% local match can bill the grant at 100 %. A project that has 20% local match
must bill the grant at 80% of the eligible expenses.
• Please use the Regional Mobility Grant funds early, because you don't have to deal with reappropriation
requests and accruals. This will make all our lives easier, but if you can't that's fine too.
• A grantee must bill the grant at least quarterly. Someplace it says a grantee can't bill more than once a month,
but I say bill as often as you need to. The caveat is, please make sure it's for a reasonable amount ($2,000 or
more), because they take time to process and we don't have as many staff as we used to.
The first and most important thing I do as grant manager is to help you complete your project on time, on budget, and in
scope. The other less glamorous thing deals with accountability and reporting.
Call us any time you have questions. We will do everything we can to help you! I plan to schedule a meetings with each
of you over the next few months, because I want us to get to know each other, and you're projects in more detail.
Mark Eldridge
Regional Mobility Grant Program Manager
Park and Ride Lot Program Manager
360 - 705 -7273
2
144
LEAP Transportation Document 2013-2 as developed April 23, 2013
ALL PROJECTS
Public Transportation (V)
(Dollars in Thousands)
-- Fund Source -- Total
Bin Project Leg Dist "[PA Nckl Othr 2011-13 2013-15 2015.17 2017-19 2019.21 2021-23 2023 + (incl. Prior)
016 20130031 'Island, Skagit and Whatcom Transits, Tri County 0.31 0 0 17, 2,300
0 2.300 0 0 0 0 0
Connector
017 20130100- City of Tukwila, Urban Center Pedestrian Bridge 11. 0 . 0 li..7 0 4,600 7.270 0 0 0 0
Contingency (Unfunded) Regional Mobility Grants 24,409
34,7
0
7.000 10,353 0 0 0 0 76:0700
34,762
001 20130019 Sound Transit. Tacoma Trestle Replacement & 27 0 0 Z 0 0 0 0 0 0
Capacity Improvements
002-- 20130101 Kitsap Transit, SR 305-1nterchange- 23 . 0- ...7. ..0, 2:326 .0.- ---0.-- .0 . 0----
1,187
Y
Improvements at Suquamish Way Park an
003 20130101 King County Metro, Northgate Transit Center 43 0 .,Z1 0 0 0 0
l - 2.313
00
Redevelopment 3,5
004 20130104 Spokane Transit, West Plains Transit Center 06, 07 0 0 0 0 0 0 0 0 8,000
6,400
4,080
005 20130105 King County Metro, Madison Street Corridor 43 0 0 TO 0 2.440
1,600
1,640 0 0 (1 0
006 20130026 City of Mukilteo, Mukilteo Multimodal 21 111 0 VI 0 1.000 (1 0 0 0 0 1.000
Pedestrian Bridge Project
007 20130106 City of Kenmore, SR 522 West A (61st Ave NE 46 0 0 PI 0 5,202 (1 0 0 0 0 5,202
to 65th Ave NE
008 20130108 City of Langley, Port of South Whidbey Park and 10. 21 0 0 PI 0 0 0 0 0 0
Ride facility with Sunda 2.634 2,36(3)04
ON 20130110 Clallam Transit. Kitchen Dick/Highway 101 24 0 0 17(71 0 300 0 0 1) 0 0
Park and Ride
010 20130112 Jefferson Transit, Jefferson Healthcare Transit 24 0 Cl (0 0 0 0 0 0 (1 160
160
Bus Pullout and Shelter
011 20130113 River Cities Transit, Transit Service 19 0 0 [2 0 560 0 0 0 0 0 56(1
Improvements
1
ESSB 5024 Striking Amendment
Version: 131,EGR AR
41.1
Page 36 of 47
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Tukwila Urban Center - Pedestrian /Bicycle Bridge Project No. 90510403
DESCRIPTION: Construct a new pedestrian /bicycle bridge over the Green River.
JUSTIFICATION: Pedestrian /bicycle connection between Tukwila's Urban Center and commuter rail /Amtrak station.
Supports local and regional goals and policies regarding land use and transportation in Urban Center.
Pedestrian System Report identified the optimal location for bridge crossing to be south of the Best
STATUS: Western Hotel. Type, Size, and Location Report was completed in 2011. Council approved a design of
a twin -tied arch bridge with no accommodation for a future bridge crossing over West Valley Highway.
MAINT. IMPACT: To be determined.
Design grants: State Enhancement for $190k & $500k, Transit Oriented Development (TOD) planning grant
COMMENT: of $55k, and Federal CMAQ grant of $751 K. WSDOT Regional Mobility construction grant of $6.870M.
Project is on Park Impact Fee list with funding of $2 million with an 80 %/20% split for $1.6M. A City Bond
issue will be used for the City match.
FINANCIAL Through Estimated
in $000's
2012 2013 2014
2015 2016 2017 2018 2019 BEYOND TOTAL
EXPENSES
Design
585
748
300
1,633
Land (R/W)
1,100
1,100
Const. Mgmt.
1,000
1,000
Construction
6,485
6,485
TOTAL EXPENSES
585
748
1,400
7,485
0
0
0
0
0
10,218
FUND SOURCES
Awarded Grant
540
713
243
1,496
Awarded Reg Mobility
870
6,000
6,870
Park Impact Fees
35
55
55
145
Bond
1,662
1,662
City Oper. Revenue
45
0
(1,430)
1,430
0
0
0
0
0
45
TOTAL SOURCES
585
748
1,400
7,485
0
0
0
0
0
10,218
2014 - 2019 Capital Improvement Program
12
146
TO:
City of Tukwila
Jim Haggerton, Mayot
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: September 20, 2013
SUBJECT: Southcenter Parkway Extension Project
Project No. 98410437, Contract No. 10 -065
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize release of retainage.
BACKGROUND
The total project budget of $22,341,354.64 was approved along with eight (8) contracts at the May 17, 2010 Regular Council
meeting for the Southcenter Parkway Extension (SPE) Project. A 15% construction contingency was also approved for
$2,404,505. The Notice to Proceed for Contract No. 10 -065 with Scarsella Brothers, Inc. of Seattle, Washington was issued on
July 8, 2010. The SPE Project constructed approximately 7,400 linear feet of street improvements on Southcenter Parkway
from South 180th Street to South 200th Street, and roughly 3,000 linear feet of new sewer and water facilities on Southcenter
Parkway from Minkler Boulevard to South 180th Street. The overall work items included building demolition, grading, asphalt
paving and overlay, curb, gutter, sidewalk, storm drainage system, sewer system, sewer lift station, water system, traffic
signal, illumination, landscaping, irrigation and retaining wall.
ANALYSIS
Construction was physically completed on February 26, 2013. Thirty -one (31) change orders were executed for the project.
The majority of the cost increases were due to the Nationwide 14 Permit approval delay, the United States Army Corps of
Engineers' decision on revisions to the Tukwila 205 Levee, and compliance with current ADA standards. Refer to the
attached Change Order Log and Lessons Learned Report describing each change order and background for the major
changes. Unit price under -runs were due to force account items not completely utilized during construction. A retainage
bond was used by Scarsella Brothers for the SPE Project.
RECOMMENDATION
Council is being asked to formally accept and authorize the release of the retainage bond, subject to standard claim and lien
release procedures, for the SPE Project with Scarsella Brothers, Inc. in the final amount of $18,602,159.72, and to consider
this item at the October 14, 2013 Committee of the Whole meeting and subsequent October 21, 2013 Regular Meeting.
Attachment: Notice of Completion
Change Order Log
Lessons Leamed Report
W 1PW Eng\PROJECTSW, RW & RS Pro)ects\Southcentet Pkwy Extension i;571h Ave Si (98410437)\Conslructlon1After CornPrq Closeout Irdo Memo SCPE Ooseout 9 -2¢ 13 dee done
147
BUDGET
EXPENDITURES
Design
$ 1,579,000.00
$ 1,578,853.43
Right -of -way
11,000.00
10,901.13
Construction Contract
19,201,000.00
18,602,159.71
Construction Extras, PSE, Signals
487,572.81
Construction Management
3,530,000.00
3,828,759.35
Sanitary Sewer Connection Charges
681,600.00
$ 25,002,600.00
$ 24,508,246A3
RECOMMENDATION
Council is being asked to formally accept and authorize the release of the retainage bond, subject to standard claim and lien
release procedures, for the SPE Project with Scarsella Brothers, Inc. in the final amount of $18,602,159.72, and to consider
this item at the October 14, 2013 Committee of the Whole meeting and subsequent October 21, 2013 Regular Meeting.
Attachment: Notice of Completion
Change Order Log
Lessons Leamed Report
W 1PW Eng\PROJECTSW, RW & RS Pro)ects\Southcentet Pkwy Extension i;571h Ave Si (98410437)\Conslructlon1After CornPrq Closeout Irdo Memo SCPE Ooseout 9 -2¢ 13 dee done
147
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Contractor's UBI Number: 578 035 242
Name & Address of Public Agency
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
UBI Number: 179 000 208
Date: August 2, 2013
Department Use Only
Assigned to:
Date Assigned:
Notice is hereby given relative to the completion of contract or project described below
Project Name
Southcenter Parkway Extension Project
Contract Number
10 -065
Job Order Contracting
❑ Yes X No
Description of Work Done/Include Jobsite Address(es)
Construction of approximately 7,400 linear feet of Southcenter Parkway from South 180th Street to South 200th Street, and the construction of approximately
3,000 linear feet of new sewer and water facilities on Southcenter Parkway from Minkler Boulevard to South 180th Street. Items of work include but are not
limited to building demolition, grading, paving, HMA overlay, curb, gutter, sidewalk, storm drain system, sewer system, sewer lift station, water system, traffic
signal, illumination, landscaping, irrigation, retaining wall, and other work necessary to complete the road construction.
Federally funded road transportation project? Vr Yes ❑ No
Contractor's Name
Scarsella Brothers, Inc.
Telephone Number
253 - 872 -7173
Affidavit ID*
444775
Contractor Address
P.O. Box 68697, Seattle, WA 98168 -0697
If Retainage is Bonded, List Surety's Name (or attach a copy)
SAFECO Insurance Company of America
Surety Agent's Address
925 4th Avenue, Suite 3200, Seattle, WA 98104
Date Contract Awarded
May 17, 2010
Date Work Commenced
July 8, 2010
Date Work Completed
February 26, 2013
Date Work Accepted
Not known yet
Contract Amount
Additions (+ )
Reductions (- )
Sub -Total
Amount of Sales Tax Paid at
9.5%
$ 15,712,754.00
$ 2,647,456.40
$ 109,494.86
$ 18,250,715.54
Liquidated Damages $ 0.00
Amount Disbursed $ 18,602,159.72
Amount Retained $ 0.00
(If various rates apply, please send a breakdown) $ 351,444.18
TOTAL $ 18,602,159.72
NOTE: These two totals must be equal
Please List all Subcontractors and Sub -tiers Below:
TOTAL $ 18,602,159.72
Subcontractor's Name:
UBI Number: (Required)
Affidavit ID*
Trenchless Construction
601
961
605
422459
C. E. S. NW, Inc.
602
017
093
418609
Gilliardi Logging & Const, Inc.
602
001
357
407241
Pyramid Grinding LLC
602
778
944
360164
Wolf Industries Inc
602
788
494
287270
Wilson Concrete Construction, Inc.
602
168
956
443743
Totem Electric of Tacoma Inc
278
043
550
434794
Owl Fencing Inc
601
630
103
407143
F215- 038 - 000 07 -2012
REV 31 0020e (07/06/12)
Continued on page 2
148
Please List all Subcontractors and Sub -tiers Below:
Subcontractor's Name:
UBI Number: (Required)
Affidavit ID*
Nelson Construction
601
838
683
372143
Icon Materials
601
006
854
433601
CTE Construction Inc
602
903
417
408518
Apply A Line Inc
600
553
941
443212
Yellow Iron Construction Inc
602
477
582
408759
Holocene Drilling Inc
601
709
741
408880
0 M A Construction Inc
601
872
128
370727
JMR Trucking, Inc.
602
101
301
355611
Custom Masonry Inc
601
989
282
419933
Hendrickson HVAC Services Inc
602
663
783
407180
Del -Mar Concrete Cutting
602
260
574
406710
Hydroseeding Inc
601
097
270
303835
Ground Up Road Const Inc
602
790
246
406677
Terra Dynamics, Inc.
601
030
794
371588
South Sound Sawing /Drilling Inc
601
030
286
422309
S B Structures, LLC
602
615
583
442136
NWCW LLC
602
813
492
406681
Ponglia Trucking Inc
602
492
304
419620
Tan Trucking, LLC
602
671
547
419559
TRS Trucking
602
819
638
421555
Marine Vacuum Service Inc
600
412
278
362623
Ness Cranes
602
493
962
418887
Pacific Topsoils Inc
600
405
438
406609
Comments:
Contact Name: Diane Jaber
Email Address: diane.jaber @tukwilawa.gov
Title: Fiscal Specialist
Phone Number: (206) 433 -1871 x1871
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Affidavit ID* - Provide known ones at this time. No LNI release will be granted until all affidavits are completed.
Submitting Form: Please submit the completed form to all three agencies below. For a faster response, please submit by e -mail.
Washington State
CDepartment of Revenue
Public Works Section
PO Box 47474
Olympia WA 98504 -7474
(360) 725-7588
FAX (360) 664 -4159
PWC @dor.wa.gov
Washington State
Department of Labor and Industries
Contract Release
PO Box 44274
Olympia, WA 98504 -4272
(360) 902 -5772
FAX (360) 902 -6897
ContractRelease@lni.wa.gov
Washington State
Employment Security Department
Registration, Inquiry, Standards &
Coordination Unit
PO Box 9046
Olympia WA 98507 -9046
(360) 902 -9450
Fax (360) 902 -9287
publicworks@esd.wa.gov
For tax assistance or to request this document in an alternate format, visit http: / /dor.wa.gov or call 1- 800 - 647 -7706.
Teletype (TTY) users may call (360) 705 -6718.
F215- 038 -000 07 -2012
REV 31 0020e (07/06/12)
149
J:
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i 4: • �
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��I,L��IIIrGI..� ����•
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re M. .,4, x,.< f. .,x z,i f „,£fl,, � z ,.,a,.. +:, / „• _.n.,> ,t., .w c. {� .,., .. „> , r
Base Contract Amount:
f r
}
6�W,.y(6 r
, ,,{{
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•; r„ �
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-_ .. ><5.<,
$16,030,030.64
t
r" f f i
1 %' P
, =w.':; ,y r.,... �
'.rk i_t. ,.,.. ..h,f
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t f,,, <
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Contingency Amount:
t
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$2,404,505.00
Change
Order
Number
Change Order Description
Change Order
Amount
Cumulative
Change Order
Amount
Contract
Change
to Date
Modified Contract
Amount
Contingency
Remaining
Contingency
Utilized to Date
1
Added photocell conductors for street lighting.
$1,225.88
$1,225.88
0.01%
$16,031,256.52
$2,403,279.12
0.05%
2
Added an 18 -inch cap with an above ground "blow -off' to Highline Water District water main.
$4,570.41
$5,796.29
0.04%
$16,035,826.93
$2,398,708.71
0.24%
3
Delete drop connection at sanitary sewer manhole #4.
- $954.95
$4,841.34
0.03%
$16,034,871.98
$2,399,663.66
0.20%
4
Approved contractor proposed Modified Gravel Borrow with Credit to City.
- $60,095.00
- $55,253.66
-0.34%
$15,974,776.98
$2,459,758.66
-2.30%
5
Modifications to Pump Station #11.
- $1,340.63
- $56,594.29
- 0.35%
$15,973,436.35
$2,461,099.29
-2.35%
6
Approved contractor to work during day shift hours (no cost change).
$0.00
- $56,594.29
-0.35%
$15,973,436.35
$2,461,099.29
-2.35%
7
Approved contractor to continue to work and close traffic lanes beyond the November 15, 2010
lane closure moratorium period (no cost change).
$0.00
- $56,594.29
-0.35%
$15,973,436.35
$2,461,099.29
-2.35%
8
Approved substitution of Ultra Block in place of gravity blocks and gabion walls (no cost change)
$0.00
- $56,594.29
-0.35%
$15,973,436.35
$2,461,099.29
-2.35%
9
Installation of TESC force main pipe, allowing contractor to continue to work.
$15,383.40
- $41,210.89
-0.26%
$15,988,819.75
$2,445,715.89
-1.71 %
10
Flood wall restoration.
$4,522.77
- $36,688.12
-0.23%
$15,993,342.52
$2,441,193.12
-1.53%
11
Tukwila water main revisions due to utility conflicts.
$50,994.22
$14,306.10
0.09%
$16,044,336.74
$2,390,198.90
0.59%
12
Added ADA ramps and replacement of curb, gutter and sidewalk along Southcenter Parkway.
$276,085.00
$290,391.10
1.81 %
$16,320,421.74
$2,114,113.90
12.08%
13
Unanticipated peat removal and replacement along Sanitary Sewer alignment.
$497,718.14
$788,109.24
4.92%
$16,818,139.88
$1,616,395.76
32.78%
14
Added sanitary sewer connection to Bow Lake Transfer Station to be reimbursed by King County.
$74,182.56
$862,291.80
5.38%
$16,892,322.44
$1,542,213.20
35.86%
15
Added reinforcing pavement overlay fabric in select areas between Minkler Blvd and S 180th.
$22,515.83
$884,807.63
5.52%
$16,914,838.27
$1,519,697.37
36.80%
16
Additional ADA ramps and replacement of curb, gutter and sidewalk along Southcenter Parkway.
$39,294.73
$924,102.36
5.76%
$16,954,133.00
$1,480,402.64
38.43%
17
Nationwide Permit 14 Delay - unilateral offer to settle the delay impact
$294,080.00
$1,218,182.36
7.60%
$17,248,213.00
$1,186,322.64
50.66%
18
Added concrete sleds under sinking sanitary sewer manholes.
$13,334.75
$1,231,517.11
7.68%
$17,261,547.75
$1,172,987.89
51.22%
19
Added roadway section profile elements approved by USAGE to go up and over S. 196th cutoff
levee due to USACE rejecting the Section 408 levee modification.
$252,764.00
$1,484,281.11
9.26%
$17,514,311.75
$920,223.89
61.73%
20
Added 25,779 square feet of buffer enhancement and restoration for Wetland No. 1
$58,070.72
$1,542,351.83
9.62%
$17,572,382.47
$862,153.17
64.14%
21
Compensation for imported trench backfill for Highline Water District water main.
$50,000.00
$1,592,351.83
9.93%
$17,622,382.47
$812,153.17
66.22%
22
Added pedestrian push buttons and traffic loops at S. 180th St.
$29,392.98
$1,621,744.81
10.12%
$17,651,775.45
$782,760.19
67.45%
23
Approved contractor proposed substitute for median planting soil.
- $10,800.00
$1,610,944.81
10.05%
$17,640,975.45
$793,560.19
67.00%
24
Approved contractor proposed recycled concrete CSBC
- $20,682.46
$1,590,262.35
9.92%
$17,620,292.99
$814,242.65
66.14%
25
S. 180th St. Storm Drain Utility Conflict Resolution
$17,009.16
$1,607,271.51
10.03%
$17,637,302.15
$797,233.49
66.84%
26
NW 14 Permit Delay Impact - negotiated additional overhead costs
$373,695.97
$1,980,967.48
12.36%
$18,010,998.12
$423,537.52
82.39%
27
Approved pump station modifications (deleted load bank, added wall- mounted ladder, revised
ATS, conduit revisions, transformer disconnect, and external disconnect.
$9,961.59
$1,990,929.07
12.42%
$18,020,959.71
$413,575.93
82.80%
28
Revised traffic signal pole mast arm at South 180th / Southcenter Parkway.
$19,179.84
$2,010,108.91
12.54%
$18,040,139.55
$394,396.09
83.60%
29
Removed and replaced sidewalk at Claim Jumper to meet current ADA standards.
$18,037.66
$2,028,146.57
12.65%
$18,058,177.21
$376,358.43
84.35%
30
Additional pavement grinding and overlay at South 200th street due to additional failed areas.
$19,309.83
$2,047,456.40
12.77%
$18,077,487.04
$357,048.60
85.15%
31
NW 14 Permit Delay Impact - final settlement of all delay claim issues.
$600,000.00
$2,647,456.40
16.52%
$18,677,487.04
- $242,951.40
110.10%
File: SPE CO Log 8- 19- 13.xlsx
Printed: 09/18/2013 - 4:11 PM
Page: 1 of 1
Southcenter Parkway Extension Project
LESSONS LEARNED REPORT
September 2013
Project History
The City of Tukwila (Tukwila) contracted with David Evans and Associates, Inc. (DEA) in the
spring of 2004 to prepare construction documents including plans, specifications, and cost
estimates (PS &E) for the construction of the Southcenter Parkway Extension (SPE) Project.
The project scope included replacing the existing two -lane roadway with a new five -lane
roadway from South 180th Street to South 200th Street. The new roadway section now
includes a five -lane roadway (two lanes in each direction with a center two -way left -turn lane)
with curb, gutter, and six -foot sidewalks on both sides of the road. Other improvements
included an enclosed storm drainage system, detention and water quality facilities, traffic
signal upgrades, illumination, utility relocations, channelization, signing, and enhanced
wetland mitigation areas.
In 2009, Tukwila and Segale Properties entered into a development agreement that sets the
stage for new development in the area now known as Tukwila South. Segale owns the
majority of the land in Tukwila South that is adjacent to Southcenter Parkway between South
180th Street and South 200th and is constrained by the Green River and Interstate 5. Segale
is currently in the clearing and grading phase of developing their land into mixed -use facilities
that will include commercial, industrial, and residential uses. In addition to new roadway
improvements, the decision was made to extend the water and sewer improvements on
Southcenter Parkway up to Minkler Boulevard from South 180th Street, since the new sewer
tied into the Tukwila South improvements.
Tukwila finished bid documents in early 2010 and advertised for bids. A construction contract
was awarded to Scarsella Brothers, Inc. (SBI) at the April 19, 2010 Council meeting. The
construction contract Notice to Proceed (NTP) was issued to SBI on July 8, 2010.
151
Contract Changes
Dozens of contract changes occurred during the construction of this large and very difficult project.
Most of the contract changes were small and were handled administratively without change orders
using unit price bid items and force accounts. The major construction contract change orders are
listed below and explained in full detail later in this report:
• Change Order No.
• Change Order No.
• Change Order No.
• Change Order No.
• Change Order No.
• Change Order No.
12 —ADA Ramps - $276,085.00
13 — Sewer trench - $497,718.14
17 — Nationwide Permit 14 Delays - $294,080.00
19 — USACE 208 Permit - $252,764.00
26 — Nationwide Permit 14 Delays - $373,695.97
31 — Nationwide Permit 14 Delays - $600,000.00
Change Order Nos. 12 and 13
Change Order Nos. 12 and 13 are interrelated due to the sewer trench sloughage caused large
sections of existing sidewalk to collapse into the trench. The construction management consultant
performed a detailed field review of the existing conditions of existing curb, gutter, and sidewalk along
the length of the project, from Minkler Boulevard to South 180th Street. During this review, the
conditions of the existing ADA ramps at intersections and driveway were inspected. FHWA Policy and
the Americans with Disabilities Act (ADA) of 1990 require that ADA compliant pedestrian facilities be
provided on highway improvement projects and /or preservation projects. These inspections
determined the ramps and driveways did not meet current ADA requirements.
Tukwila contacted WSDOT to determine which ADA items were required for compliance when an
overlay project is performed. The response was to upgrade the ADA ramps only. Standard driveway
aprons do not need to be upgraded unless the work to be performed includes
construction /reconstruction of the concrete driveway. At -grade (asphalt) driveways with ADA ramps
do need to be upgraded. The final plans for this scope of work were revised to reflect this
recommendation by WSDOT. The ADA ramp and sidewalk changes amounted to $276,085.00.
In addition, during the excavation of the new sanitary sewer between South 180th Street and Minkler
Boulevard, very unstable soil conditions were encountered that led to excessive sloughing, and
collateral damage to neighboring utilities, curb, sidewalk, and other items. The original bid documents
did not provide any geotechnical data in this area, which would have given a clearer picture of the
subsurface conditions. In conjunction, the plans did not require structured shoring, which could have
limited the amount of sloughage and over excavation, thereby limiting the curb, gutter and sidewalk
damage. These change orders provided compensation for repair and replacement of curb, gutter, and
2
152
sidewalk sections damaged during the sanitary sewer work. This restoration work was also
incorporated into the final plan set for compliance with ADA requirements. The additional sanitary
sewer trench work changes amounted to $497,718.14.
Change Order No. 19
The approval of the United States Army Corps of Engineers (USACE) 408 permit would have allowed
the "Cross Valley Levee" to be removed. In January of 2011, Tukwila was notified that the USACE
would not be approving the extension of the Tukwila 205 levee from the Cross Valley Levee down to
South 200th Street. Because of this USACE permit denial, and that the new levee between the Cross
Valley Levee and South 200th Street was not going to be certified, the road and utility crossings over
the existing Cross Valley levee had to be re- designed to meet USACE Section 208 requirements. The
original design was based on a decertification, so a revised design was coordinated to allow the levee
to remain intact. The USACE approved the re- designed roadway profile and utilities that basically
went up and over the levee with minimal impacts, but the construction changes cost $252,764.00.
Change Order Nos. 17, 26, and 31 (Stream E Delay Claim)
SBI submitted an extensive and complicated delay claim due to the project impacts of
shutting down the areas surrounding Stream E (refer to Exhibit 1). The three (3) change
orders are a result of ongoing negotiations and offers to settle the claim. One of the first tasks
in the construction contract included placing roadway fill material within Stream E. At the time
the construction contract was awarded, a Section 404 Permit that included the work for the
filling of Stream E, had been submitted by Segale Properties to the USACE. This 404 permit
was intended to cover the entire Tukwila South development and the SPE project. The 404
permit was under review by the USACE for more than a year. While issuance of the 404
Permit was anticipated prior to construction, there was contingency plan for the City to obtain
a Nationwide Permit 14 (NWP 14) if necessary. The roadway project was eligible for a NWP
14, which allows for limited filling of streams and wetlands related to linear transportation
projects. After reaching a critical point without any word on the 404 Permit, the City
subsequently submitted the NWP 14 application. During the week of August 9, 2010, the
contractor began filling Stream E without an approved NWP 14 and without following all
requirements in the Contractor provided NPDES permit and erosion control plan.
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153
On August 19, 2010, the City of Tukwila's construction management staff was notified of the
error and halted all work related to the filling of Stream E. On September 24, 2010 the
USACE performed a site visit, noted the filling of Stream E that had occurred, and began an
investigation of a possible violation of the Clean Water Act. The investigation and subsequent
resolution of the violation concluded on March 9, 2011 by the issuance of an after - the -fact
NWP 14 Permit by the USACE. The resultant work to fill Stream E resulted in an approximate
6 month delay to the project. A delay of 121 Working Days (170 Calendar Days) is
attributable to the late delivery of the USACE Nationwide 14 permit.
Multiple claim negotiation meetings took place between Tukwila and SBI regarding the delay
claim and no compromise was reached between the parties. Eventually, a mediation date
was mutually agreed upon and scheduled by both parties in March 2013 to discuss the delay
claim in front of a mediator. Even with the mediation date scheduled, and a mediator
established, the City and SBI continued to talk and try to settle the delay claim. After many
exchanges between the two sides, a final settlement of the delay claim for $600,000 was
reached in the late evening on February 26, 2013 (right before the agreed upon mediation
date).
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Lessons Learned
1. INVOLVE WSDOT EARLY
The large ADA Change Order No. 12 taught us to involve WSDOT Local Programs and their
ADA experts early and often, to avoid expensive field re- designs and change orders. This
lesson learned is being applied to upcoming projects.
2. OBTAIN MORE GEOTECHNICAL DATA DURING DESIGN
The large sewer trench Change Order No. 13 taught us to obtain as much geotechnical
information during design as possible, to make sure we get strong trenching, shoring and
dewatering specifications in place anywhere there is a chance for a trench over 4 feet deep.
For trenches deeper than 6 feet, even more soils testing and analysis should be done as the
risk of sloughage increases with the depth of the trench. Extensive geotechnical and potholing
advance investigations were performed on the Interurban Avenue South Gravity Sewer project
and that project was under budget.
3. LEARN AND UNDERSTAND PERMIT REQUIREMENTS
Change Order Nos. 17, 26, and 31 taught us valuable lessons regarding Nationwide 14
permits. Lisa Verner, the former Tukwila South /SPE Project Manager had warned Public Works
staff and our consultants to pay close attention to the need for a NW 14 Permit if the 404
blanket permit was not approved by the construction start time. The NW 14 Permit now has a
special 45 day waiting period, whereas in years past, you could submit your NW 14 Permit and
immediately go to work. That condition is no longer valid and needs to be explained and
emphasized to all involved. City staff and the construction management consultant mishandled
the permit application.
Recommendations
For any and all similar construction projects, all staff and consultants need to be fully trained in issues
regarding ADA ramp requirements, geotechnical issues for deep sanitary sewer trenches, Nationwide
Permit 14 conditions, and anticipating issues with large Development Agreements.
The Southcenter Parkway Extension Project was the most difficult construction project ever
undertaken by Public Works and the end result is something the City and its partners can be proud of,
despite the challenges that were overcome.
5
155
156
City of Tukwila
Jim Haggerton, Mayor
Department of Public Works Bob Giberson, P.E., Director
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
By: Gail Labanara, Public Works Analyst
DATE: September 20, 2013
SUBJECT: Proposed 2014 — 2019 Capital Improvement Program
Residential, Bridges, and Arterial Street CIP Projects
Please bring your Proposed 2014 — 2019 Financial Planning Model and Capital
Improvement Program book.
ISSUE
Review the 2014-2019 Proposed Capital Improvement Program (CIP) for Residential
Streets, Bridges, and Arterial Streets.
RECOMMENDATION
For information only.
W:\PW Eng\OTHER \Gail Labanara\Info Memo Proposed 2014 CIP 103 & 104 Review 09-20-13.docx
157
158
Attachment A
SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd)
August 20, 2013
MEETING SUMMARY
Members
Mayor Pete Lewis (Chair)
Councilmember Marcie Palmer (Vice- Chair)
Councilmember Jeanne Burbidge
Mayor Rebecca Olness
Joe Timmons
Councilmember Elizabeth Albertson
Councilmember Kate Kruller
Councilmember Barry Ladenburg
Councilmember Wayne Snoey
Councilmember Victoria Laise Jonas
Elizabeth Leavitt
Commissioner Don Meyer
Councilmember Carol Benson
Brandon Carver
Chelsea Levy
Charles Prestrud
Genesee Adkins
Mayor Leanne Guier
Councilmember Stacia Jenkins
I. Open Meeting
City of Auburn
City of Renton
City of Federal Way
City of Black Diamond
King County Council (Alternate)
City of Kent
City of Tukwila
City of SeaTac
City of Covington
City of Maple Valley
Port of Seattle
Port of Tacoma
City of Black Diamond
City of Des Moines (Alternate)
Sound Transit (Alternate)
WSDOT (Alternate)
King County (Alternate)
City of Pacific
City of Normandy Park
Chair Pete Lewis opened the meeting, and after introductions the Board approved the July
16, 2013 SCATBd meeting summary.
II. Reports
Board members discussed the federal Harbor Maintenance Tax imposed on cargo
containers unloaded at ports of Seattle and Tacoma. Commissioner Meyer said for every
dollar that is collected on containers the two ports get a about a penny back. He said he was
encouraged by the efforts of our federal congressional delegation to get more of this money
for our northwest ports. He also stressed the need to find a stable source of transportation
funds, including money to help maintain our deep water ports. Councilmember Snoey said
he wants to purse this issue on Harbor Maintenance Tax because it impacts our region's
competiveness. Chair Lewis asked the Ports to identify the outcomes they wanted out a
Harbor Maintenance Tax discussion and then SCATBd can decide if they want to support
this discussion.
III. 2013 Legislative Wrap -Up and Next Steps
159
Genesee Adkins, King County Manager of Government Relations, briefed the Board on the
recent legislative session. She said that the King County coalition that was formed to
support a King County local options revenue package worked well to advance a
transportation package through the House. She said, however, because of the failure to pass
a transportation package Metro will have to begin planning for service reductions.
Ms. Adkins said Metro will lose the congestion reduction charge in June 2014, the CRC
generates about $25 mill a year. Metro has an annual operating deficit of $75 million a year
and has been using the CRC revenues coupled with $50 million in reserves to cover the
operation deficit. The Alaskan Way viaduct mitigation agreement with the State will also
end, and the mitigation agreement provides a large number of transit service hours to help
mitigate the construction impacts of the SR 99 tunnel project. She said the rebound in
recent sales tax collections, highlighted by Pierce Transit's pull back on their service
reduction plans, would only shave about $10 million from Metros operating deficit. She
said about 65 Metro routes may be deleted, and about 85 routes might be reduced or revised
in order to shrink its system by about 600,000 annual service hours.
Metro transit is currently working on actual service reduction proposals, and will begin
outreach efforts in October and Novembers to engage the public on these proposals. The
service reductions will not be implemented all the at once and will be carried out in phases
beginning in September 2014. She also said that there are a number of conversations going
with King County stake holders on to keep transportation local options revenue coalition
together, and said the coalition is working hard to push for the adoption of a transportation
package this year. She said adoption of transportation package is possible, but local
governments must remain united and be persistent on pushing the transportation issue.
IV. Transportation 2040 Update (47) Stephan Kiehl and Stephanie Rossi
Mr. Kiehl reported that Federal transportation planning requirements call for the PSRC to
have a long -range transportation plan that is updated every four years. An additional
requirement is that this plan be "fiscally constrained" meaning that there is a reasonable
estimate of existing and future revenues available to cover anticipated investments. He said
a minor update to the Transportation 2040 Plan is underway and includes a number of
refinements to the Plan's financial strategy.
The refinements include updated state of good repair estimates, updated project and
program costs, and the incorporation of the latest historic period of expenditures informing
programmatic estimates. The economic downturn has had a significant impact on current
law revenue estimates. He reported that the impact of these updates is a revenue gap of $9.1
billion (after SCATBd's August 20 meeting the PSRC, based on updated cost and revenue
information, has revised the revenue gap to $3.3 billion). The plan update will emphasize
the importance of preserving, maintaining and operating the existing system. The update
will also seek to balance the financial strategy by moving system improvement projects
from the financially constrained portion of the plan to the un- programmed portion. The un-
programmed portion of the plan is included as part of the full plan and are still eligible for
planning funds.
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160
Mr. Kiehl said that PSRC Executive Board gave staff direction to proceed with the
development of three scenarios that would apply to the System Improvement project lists.
He said the scenarios included:
• Scenario 1: Move lowest quartile of Prioritization Scorecard results from the
Constrained to the un- programmed portion of the Transportation 2040 Plan.
• Scenario 2: WSDOT, with input from local stakeholders, will revise the highway
project list to reflect recent developments regarding phasing and "right- sizing" of
projects.
• Scenario 3: Focuses on savings that could be generated by moving projects
currently listed in the third decade of the plan that are early in the project
development process, with limited or no identified funding source, into the un-
programmed component of the plan.
Charles Prestrud briefed Board members on WSDOT efforts to develop scenarios that
reflect factors that WSDOT considers when developing a long range plan. Those WSDOT
factors include construction sequencing, the urgency of operations problems, seismic
retrofit considerations and cost effectiveness of projects. He also discussed WSDOT's
efforts to "right size" projects, or to phase projects to gain cost savings.
Mr. Prestrud reviewed a list of draft WSDOT recommendations that moved projects from
the constrained portion to un- programmed portion of the regional plan. He also discussed
projects that are currently in constrained portions that have been "right sized" or have new
project cost estimates. The net impact of this WSDOT scenario was a savings of about
$1.42 billion. The WSDOT scenarios will be presented to the Transportation Policy Board
for their consideration at their September 12 meeting.
Other Attendees:
Meghan Howey, Gordon Thomas Honeywell
Doug Jacobson, Renton
Councilmember Bill Peloza, Auburn
Bob Giberson, Tukwila
Maiya Andrews, Burien
Cathy Mooney, Kent
Councilmember Tamie Deady, Black Diamond
Jim Seitz, Renton
Susan Sanderson, SeaTac
Rick Perez, Federal Way
Paul Takamine, King County
Stephanie Rossi, PSRC
Stephen Kiehl, PSRC
161
Moir Sin*
2014 TRANSPORTATION REFORMS
Return sales tax from transportation construction to the transportation budget
it ac
o Sen. Doug Ericksen's SB 5003 with amendment
o Wouldn't affect the general fund until the 2017 -19 biennium
o BENEFIT TO JOE DRIVER: Nearly $400 million more could be available to entirely fund highway bridge
preservation for the next ten years and achieve statewide bridge conditions in excess of 97% fair and good
Use Environmental Legacy Stewardship Account funds to mitigate stormwater
o The ELSA was created by Sen. Doug Ericksen's SB 5296 in 2013
o $40 million per year would be used for transportation- related stormwater projects, freeing up more revenue
for actual transportation projects
o Wouldn't affect money already set aside for toxic waste cleanup
o BENEFIT TO JOE DRIVER: Would generate an estimated $480 million over 12 years, enough funding to
complete the US -12 widening project near Walla Walla
1( Implement state auditor's recommendations to reform the Ferry Capital Program
o WSF would use a design -build purchasing process for new auto vessels
o WSF would obtain an independent owners' representative as a third -party intermediary to perform project
quality oversight, manage change orders and ensure the contract provisions are carried out
o Would require WSF to use a fixed price contract
o Revisit "Build in Washington" and apprenticeship policies to allow for more competitive bidding
o BENEFIT TO JOE DRIVER: New ferries could be built better, faster and cheaper
Open a dialogue about prevailing wage and apprenticeship requirements
o Examine costs associated with prevailing wage and apprenticeship standards for transportation projects while
adhering to federal requirements
o BENEFIT TO JOE DRIVER: Current standards increase construction costs by an estimated 10% to 15 %.
This reform could redirect savings toward additional transportation system needs. For example on the SR -520
bridge replacement project, 15% of the total cost is estimated at just over $200 million — sufficient to fully
fund the current phase of I -90 Snoqualmie Pass improvements and complete the design on the final phase
Streamline environmental permitting
o Examine costs associated with permit approval while maintaining adherence to federal standards
o Would reduce the delay between permit approval and when shovels hit the ground
o Permitting requirements beyond the federal standard can add up to an estimated 20% to a project's costs
o Recent successes include the 2009 Nile Valley landslide repair and the 2013 Skagit River bridge rebuild
o BENEFIT TO JOE DRIVER: Eliminating unnecessary delays and costs will allow for expedited project
completion. As an example, a 20% savings on the total cost of the I-405 Renton to Lynwood corridor
widening project would be estimated to fully fund recommended improvements to interchanges along I -5
through Joint Base Lewis - McChord improving safety and reducing congestion
Page 1 of 2
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162
9[11e st„
2014 TRANSPORTATION REFORMS
IAdd congestion relief to the state's required list of transportation priorities
o Washington Policy Center has advocated for this for years
o Common -sense provision that all Washington residents can support
o "Congestion relief' doesn't necessarily mean more or wider roads
o BENEFIT TO JOE DRIVER: WSDOT and other agencies would be required to consider congestion relief
along with its other transportation priorities already in state law
IUse toll revenue for projects within the corridor being tolled
o Require tolls to cease once a project's bonds are paid, except when used for ongoing maintenance and
operation
o Usage would be limited to the transportation corridor in which they were generated
o Most Washingtonians would support more tolling if they were confident the money was being used for a
project that affects them directly
o BENEFIT TO JOE DRIVER: Drivers wouldn't be forced to pay tolls indefinitely for projects in corridors
they may never use
(Implement the 2013 omnibus transportation reform bill
o Sen. Steve O'Ban's HB 2070 combines four bills (HB's 1957, 1978, 1986, and 1988) that were all passed by
a bipartisan majority in the House in 2013
o Would provide for improved permitting on all transportation projects, require WSDOT to report engineering
errors and seek approval for project changes, among other things
o BENEFIT TO JOE DRIVER: Reduction in major WSDOT - designed project errors such as the SR 520
cracked pontoons and misaligned on -ramps on SR 16
(Use of Public- Private Partnerships
o P3's in other states have yielded significant amounts of savings
o Partnering with local businesses would help drive the economy and provide jobs
o BENEFIT TO JOE DRIVER: Utilizing P3's would help reduce risks and problems in design, construction
and operation of transportation projects
(Reform the state's regional transit authority boards
o Rep. Mark Hargrove's HB 1877
o Would make changes streamlining the state's existing regional transit authority boards
o BENEFIT TO JOE DRIVER: A more streamlined RTA would result in a more accountable, efficient and
equitable system of administering public transportation funds
Page 2 of 2
163
For Immediate Release:
Aug. 28, 2013
Attachment C
Washington State Senate
For Interview Contact:
Sen. Curtis King (360) 786 -7626
Sen. Tracey Eide (360) 786 -7658
pjr
Dates set for bipartisan statewide transportation forums
OLYMPIA...Senate Transportation Committee co- chairs Sen. Curtis King, R- Yakima, and Sen.
Tracey Eide, D- Federal Way, today announced the dates and cities that will be included in a
statewide listening tour aimed at gathering input from Washington residents on building a new
package of transportation projects.
Beginning on Sept. 17 in Bellevue, legislators will hold at least one public meeting in each of the
Department of Transportation's six regions. Each meeting will begin at 6 p.m. and last until 9 p.m.
and feature presentations from regional transportation officials, as well as opportunity for public
comment.
Senate Transportation Leadership Forums
['Sept. 17 — Seattle/Bellevue (Northwest Region)
o Stevenson Elementary School, 14220 NE 8th St., Bellevue, WA 98007
❑Sept. 18 — Everett (Northwest Region)
o Snohomish County, Robert Drewel Building, 3000 Rockefeller Ave., 6th floor, Everett, WA
98201
['Sept. 23 — Wenatchee (North Central Region)
o Chelan County PUD Auditorium, 327 N Wenatchee Ave, Wenatchee, WA 98801
['Sept. 24 — Yakima (South Central Region)
o Yakima Area Arboretum, Garden View Rm., 1401 Arboretum Dr., Yakima, WA 98901
❑Oct. 2 — Spokane (Eastern Region)
o Greater Spokane Inc., 801 W. Riverside, Spokane, WA 99201
❑Oct. 7 — Vancouver (Southwest Region)
o Vancouver Community Library, Columbia Room, 901 C St., Vancouver, WA 98660
❑Oct. 9 — Tacoma (Olympic Region)
o Evergreen Tacoma Campus, Lyceum Hall, 1210 6th Ave., Tacoma, WA 98405
"What we have right now are critical infrastructure needs across our state and insufficient resources
to address them. To be successful in moving forward we know that we're going to need the support
of the public, which is why these meetings are so important,” said King.
164
"We're looking forward to hearing from Washington residents on their priorities for our
transportation system, as well as sharing some of our thoughts for how it can be improved," said
King, referring to a recently released set of specific reform proposals he and others will be discussing
at the meetings.
"Transportation is the backbone to a vital economy, both for jobs and for a strong infrastructure that
drives economic development," Eide said. "We need to make sure the public understands what's at
stake here, and the public needs the opportunity to make their priorities known."
Eide concluded by noting that all legislators and local elected officials are invited to participate in the
bipartisan forums.
For more information contact Erich R. Ebel at (360) 786 -7395 or erich.ebel @leg.wa.gov; or contact
Rick Manugian at (360) 786 -7569 or rick.manugian @leg.wa.gov.
165
Attachment D
Possible SCATBd Meeting Time Change for 2014
• At SCATBd's June 18, 2013 meeting the Board discussed a possible SCATBd change in
the SCATBd meeting start time.
• An online Doodle Poll was conducted and presented three meeting time options:
o Move up the SCATBd meeting time to 10 a.m.;
o Move the meeting time one hour earlier at 8 a.m.; or
o Keep the meeting start at 9 a.m.
• Fourteen members responded to the on -line Doodle Poll, there were:
o Nine votes for starting the meet one hour earlier at 8 a.m.;
o Three votes for keeping the current starting time of 9:00 a.m.; and
o Two votes for moving the start time to 10 a.m.
• If SCATBd chooses to move the start time to 8 a.m., the City of SeaTac would be able to
open the Council Chambers at 7:30 a.m. to accommodate am 8 a.m. meeting time.
• The Board was informed that the City of SeaTac has been providing the coffee, and there
was a suggesting that if an earlier SCATBd meeting time is chosen, SCATBd might want
to consider using its dues to buy coffee.
• The Board agreed to take the Doodle Poll under advisement and make a final decision on
the meeting time in September, if there is a change to the meeting time, the Board agreed
to make it effective in January, 2014.
166
SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd)
MEETING
Tuesday, September 17, 2013
9:00 11:00 a.m.
SeaTac City Hall
4800 South 188th Street
SeaTac
AGENDA
1.
Open Meeting
• Introductions
• Approve summary of August 20, 2013
SCATBd Meeting (Attachment A)
Action
9:00 a.m.
2.
Reports, Communications and Citizen
Requests to Comment
• Chair or Vice Chair
• Participant Updates from RTC and
Other Regional Committees
• SCATBd Agreement Reminder
• Citizen Comment
Reports and
Discussion
9:05 a.m.
3.
WSDOT Briefing on Current Status on SR
167 /SR 509 Gateway Projects — John White,
WSDOT (Info will be available at meeting)
Report and
Discussion
9:30 a.m.
4.
Senate Majority Coalition Caucus Legislative
Reform/Legislative Listening Forum
Discussion (Attachments B & C)
Discussion
10:00 a.m.
5.
New 2014 Meeting Time for SCATBd
(Attachment D)
Discussion
and Action
10:30 a.m.
167