HomeMy WebLinkAbout17-030 - Jacobs Project Management - Boeing Access Road Bridge RehabilitationWashington State
Department of Transportation
17-03O0J
Council Approval N/A
Supplemental Agreement
Number 02
Organization and Address
Jacobs P��/Management Cn
00O'|O8/hAvenue NE, Suite 7O0
Bellevue, \V&08(m4
Phone: 425452-8000
Original Agreement Number
|7'03U(b)
Project Number
99410408
Execution Date
02/24/2017
Completion Date
l2/31/2019
Project Title
Boeing Access Kdover 8NKRBridge
New Maximum Amount Payable
$1.524.293.83
Description ofWork
The Local Agency of City ot''Tukwila
desires to supplement the agreement entered in to with Jacobs Project M^ouuemu/tCo
and executed on 02/24/17 and identified as Agreement No. 17-030
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes kzthe agreement are described Gofollows:
Section 1, SCOPE OF WORK, is hereby changed to read:
Nnchange /nscope,
11
Section |\( TIME FOR BEGINNING AND C{}MPLETlDN, is amended to change the number ofcalendar days
for completion of the work to read- Time for completion is revised to December 31, 2019.
III
Section \( PAYMENT, shall beamended asfollows:
No change Total Payment will hr$|.524`293.83
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
Sp8DeS below and return to this Office for final action.
�y- - By� // � A( 7K be_�
^_m
Consultant Signature
DOT Form 140*63
xev/neun9/2nns
Date
17-030(a)
Council Approval N/A
j/)Washington State
Department of Transportation
Supplemental Agreement
Number 1
Organization and Address
Jacobs Project Management Co
600-108th Avenue NE, Suite 700
Bellevue, WA 98004
Phone: 425-452-8000
Original Agreement Number
17-030 Ca
Project Number
99410408
Execution Date
02/24/17
Completion Date
12/31 / 18
Project Title
Boeing Access Road Bridge Rehabilitation Project
New Maximum Amount Payable
$1,524,293.83
Description of Work
See attached scope (Exhibit A).
The Local Agency of City of Tukwila
desires to supplement the agreement entered in to with Jacobs Project Management Co
and executed on 2/24/17 and identified as Agreement No 17-030
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change to scope.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read' Time for completion is revised to December 31, 2018.
III
Section V, PAYMENT, shall be amended as follows:
No change - Total Payment will be $1,524,293.83
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: J
By/ 14 ((ar>, �Kbej - mayor
Approving Authority Signature
DOT Form 140-063
Revised 09/2005
76i�,J
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
17-030
Council Approval 2/21 /17
Firm/Organization Legal Name (do not use dba's):
Jacob,, Project Management Co
Addross
600 - 108th Ave NE Suite 700, Bellevue WA 98004
Federal Aid Number
BlIM-1380(003)
UBI Number
602-802-387
Federal TIN or SSN Number
35-2321289
Execution Date
Completion Date
June 1, 2018
1099 Form Required
E., Yes El No
Federal Participation
Ei Yes ri No
Project Title
Boeing Access Road Bridge Rehabilitation Project
Description of Work
Provide construction inspection and management services for the Boeing Access Road Bridge Rehabilitation
project
Total Amount Authorized: $1,524,293.83
Management Reserve Fund: $0.00
Maximum Amount Payable: $1,524,293.83
E Yes i No DBE Participation
E Yes El No MBE Participation
r" Yes E] No WBE Participation
E Yes i No SBE Participation
Index of Exhibits
'Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit
Exhibit F
Exhibit G
Exhibit 11
Exhibit 1
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub -consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement / ) 6-2V674,1/7-C, :S Page 1 of 14
Revisal 31/1/2016
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGRL L MENT, between the City of Tukwila
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WI IER EAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
Revised 3// 1/2016
Partiipation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 ('FR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation
outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount
of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform
a minimum of 30% of the total amount of this AGREEMENT.
The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
flints invoiced for this AGREEMENT.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name: Steve Carsten, PE
Agency: City of Tukwila - Public Works Dept
Address: 6300 Southcenter Boulevard
City: Tukwila State: WA Zip: 98188
Email: Steve.CarstensgTukwilaWA.gov
Phone: (206) 431-2446 (ext 1646)
Facsimile: 206-431-3665
If to CONSULTANT:
Name: Jay Rueter
Agency: Jacobs Project Management Co
Address: 600 - 108th Ave NE, Suite 700
City: Bellevue State: WA Zip: 98004
Email: jay.huetergjacobs.com
Phone: 425-990-6854
Facsimile: N/A
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14
Revised 3/11/2016
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ccfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non -salary costs.
L Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs, The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime
and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for
the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: ConsultantRates(a,wsdat wa.gov.
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 ICR costs until such time as the required information
is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing,
long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs)
in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14
Revised 3// 1/2016
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D"
and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of noticc of the overpayment. Such refund shall not constitutc
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14
Revisal' 3// 1/2016
D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
VI. Sub -Contracting
The AGENCY permits subcontracts for those items o 'SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14
Revised 3/11/2016
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the
subcontractors and successors in interest, agrees to
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d-4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
• Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
CONSULTANT, for itself, its assignees, sub -consultants,
comply with the following laws and regulations:
• Civil Rights Restoration Act of 1987
(Public Law 100-259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• 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 "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14
Revised 3// 1/2016
date of tennination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to comet errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the tei ins of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit `I". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14
Revised 3/11/2016
XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY's, thcir agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14
Revised 3// 1/2016
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Workcr's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the Als. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: Steve Carstens
Agency: City of Tukwila - Public Works Dept
Address: 6300 Southcenter Boulevard
City: Tukwila State: WA Zip: 98188
Email: Steve.Carstens@TukwilaWA.gov
Phone: (206) 431-2446 (ext 1646)
Facsimile: 206-431-3665
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Teiiiiination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit I -I. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14
Revised 3/11/2016
The panes cnter into this AGREEMENT for thc sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14
Revised 3/11/2016
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties No agent, or representative ofeither party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the teens and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to thc public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14
Revised 3/11/2016
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential infoiiiiation" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised 3// 1/2016
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
2/20/2017
Signature Tyler Sheldon, Operations Manager Date
Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
. Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
Revised 3/11/2016
Exhibit A
Scope of Work
See attached
Project No.
Agreement Nu bcr:
WSDOT Form 140-089 EF Exhibit A Page 1 of 1
Revised 10/30/2014
SCOPE OF WORK
Agreement Number:
Construction Management Services
City of Tukwila — Public Works Department
South Boeing Access Road Bridge Rehabilitation
Consultant: Jacobs Project Management Company
Client: City of Tukwila — Public Works Department
Assignment:
This Assignment is to provide Construction Management services to the City of Tukwila for the South Boeing
Access Road Bridge Rehabilitation. Anticipated consultant staff for this project includes: 1 part time Design
Liaison, 1 part time Project Manager, 1 part time Home Office Contract Administrator, 1 full time Resident
Engineer/Project Manager, 1 full time Lead Inspector, 1 full time Document Control. As needed resources include:
additional inspection, material testing, geotechnical reviews and surveying. Work is expected to begin on or
around Monday, January 23, 2017
Scope of Work:
Consultant shall furnish all services and labor necessary to complete the following tasks as provided for in the
Estimate for Construction Services:
100 — PROJECT MANAGEMENT
Task 101 — Administration of the Consultant Construction Management Agreement
Provide overall project management & oversight, coordination with the City, monthly progress reports, and
invoicing. This effort specifically includes the following:
a) Develop and follow reporting and invoicing procedures specific for Construction Management
Services for this project, review and adjust procedures as may be requested by the City.
b) Prepare and submit invoices and monthly progress letter outlining service performed during that
month including amounts spent to date and amounts remaining.
c) If work is required by the CONSULTANT outside the scope of work identified herein, the
CONSULTANT'S project manager shall immediately notify the City's Project Manager and propose
alternatives to complete the work within the existing scope and budget, or if collectively agreed,
proceed with the development of an amendment.
Deliverables:
a) Consultant monthly invoices with progress report.
Assumptions:
a) Field office to be provided by others as provided in the Construction Contract and shall include:
a. Office desk and executive chair (3 each)
b. Conference table (36" x 72" min) and chairs (8 each)
c. Four (4) drawer legal file cabinet
d. Metal trash cans and recycle bins (3 each)
e. Color photocopy machine, with PDF scanning capabilities for sizes up to 11 x 17, own under
storage cabinet, preset reduction to 50% and enlarge to zoom in 1 % increments, bypass tray,
and a repair and maintenance service contract with 4 hour service response on site -parts and
labor
f. FAX machine
g. Internet access — wireless and local area network
Exhibit A - Scope of Work
Boeing Access Road Rehabilitation
Jacobs Page 1 of 5
Task 201—PrenonstrucUon
Review of construction contract and City supplied construction management documents; attend meetings as
requested by the City. Organize and conduct the Pre -Construction conference. Plan and organize forms,
standards and documentation to be used during construction for tracking adherence to contract documents by
construction contractor.
Deliverables:
a) Contract document review comments.
b) Provide pre -construction meeting documents (agenda, sign in sheet, draft and final meeting minutes,
etc)
o) Prepare logs for:
i Change Orders,
ii |souea/potentia|ohenges
iii Fl[)K4/RAM.
iv. Submittal log
V. RF|'o.
vi. Non -Conformance Reports
vii. Required documentation (sublets, affidavits, debarment, certification for fed projects, and
other required forms for prime/subs)
viii. Training program and trainee hours
ix. Equipment rates/Labor rates
X. Force Account
xi. Pay Estimate Ledger and quantity tracking
xii DBE
xiii Ticket logs
xk/. Wage rate interviews
M Field Memos
xvi Design changes
xvii Incidents
xviii. Correspondence
30O—CONSTRUCTION PHASE SERVICES
Task 301 - Construction Services — General and Administrative Construction Management of
Construction Contract
The Consultant, under the direction of the City's Project Manager, shall provide the following:
a) Provide monthly construction schedule review with corresponding technical analysis prepared by
Resident Engineer including review oflogic, durations, and work zones.
b) Review Contractor's submittals (RAK4n. TESC & SPCC Plan, TCP, shop drawings, etc.) for initial
conformance with contract requirements. Distribute to appropriate reviewer as necessary and provide
draft responses for approval bythe City.
o) Provide and/or coordinate draft responses to Contractor's Requests for Information (RF|'e)for
approval bythe City
d) Provide Field Directives to the Contractor as required with prior approval by the City.
u) Review and make recommendations on requested Change Orders — includes review of Contractor's
cost proposal. Provide independent cost estimate (may require additional resources for structural
change orders, resources not included in budget and would be considered Additional Services)
f) Coordinate off -site fabrication inspection with relevant independent testing authority
Exhibit A'Scope ofWork
Boeing Access Road Rehabilitation
Jacobs Page 2of5
g) Coordinate on -site testing oanecessary.
h) Facilitate utility coordination for existing and new utility improvements.
i) Issue Correction Notices when appropriate and aoapproved bythe City.
j) Issue Stop Work Notices when required and aaapproved bythe City.
k) Attend project and public meetings, and assist in preparation of meeting notes (develop agenda, etc).
|) Chair Weekly Construction Progress Meeting -inc|udeo:
i Dnaft, distribution and finalization of Weekly Construction Project Progress Meeting minutes
ii. Prior to meeting, update and distribute logs for Submittals, RFI's, NCR's, Change Orders
iii. Prior tomeeting, update and distribute tothe City the Potential Cost Issue Log
iv. Receipt of Contractor's Daily Diary for preceding weeks work
V. Review nfContractor's Record Drawings
m) Provide project administration per WSDOT and Federal requirements, which will include, and not
be limited to (Construction Management budget is based upon the following items — additional
items would need tnbereviewed for potential cost impauta):
i. Equal Employment Opportunity and Monthly Utilization Reports.
ii. Prevailing wage verifications and interviews.
iii. Disadvantaged Business Enterprise and Training Goals.
iv. Record ofMaterials (R0M). Certificate ofMaterial Origin and Manufacturer
V. Certificate ofCompliance tracking.
n) Maintain construction files using a format provided by the City.
o) Update |uga contained in 201natleast monthly and distribute as requested by City
p) Punch list. Upon substantial completion of work, coordinate with the City and other affected
agencies, to perform a project inspection and develop a 'punch list' of items to be completed.
q) Prepare substantial completion and close out documentation aerequested. This can include:
i. Orderly transfer of field records and documents, including as -built drawings and
specifications.
ii. Resolution ofoutstanding contractual issues a.g.changes o/claims.
iii. Assessment ofliquidated damages, ifany.
iv. Contractor's final payment.
r) Review and verification of complete project files prior to delivery to City. Includes periodic internal
audits (mid -point with monthly follow up on any deficient items)to ensure documentation is complete.
a) Coordinate with contractor to obtain outstanding project documentation
t) Other tasks as requested by the City. Consultant shall request additional funding if it appears that the
additional tasks will exceed the approved budget.
Deliverables:
a) Monthly construction schedule review
b) Consolidate, review and conform draft responses for Contractor's submittals and RFI's. Distribute
upon approval.
c) Draft Field Directives for Cih/s review. Distribute upon approval.
d) Change order review and opinion for entitlement, quantum and schedule impact.
e} Draft Correction Notices (Non Conformance Report) for City'a review. Distribute upon approval.
f) Draft Stop Work Notices for City'o review. Distribute upon approval.
g) Prepare and distribute draft meeting minutes for review and comments. Consolidate comments,
finalize and distribute meeting minutes.
h) Update and distribute logs prior to Weekly Construction Progress Meeting
i) Complete VVSOOTand Federal contract administration oaoutlined above.
j) Construction document files upon completion of project. (Two paper copies and one electronic file)
k) Draft Punch List for Oty'o review. Distribute upon approval.
|) Weekly statement of working days
m) Review ofcontractor LSbreakdowns for accuracy and payment purposes
ExhibitA-ScopeofVVork
Boeing Access Road Rehabilitation
Jacobs Page 3of5
n) Provide construction contract monthly progress payment recommendation (format by City)
Task 302-Construction Services — Inspection Services
The Consultant shall provide the following:
o) Observe Contractor's activities for compliance with the Contract Documents, and generate
construction audit trail using City's provided Inspector's Daily Report (IDR) and other required special
inspection forms.
b) Monitor Contractor's activities for compliance with all regulatory, environmental, permit and material
requirements, including: (Noted in |OR)
i. NPDES Construction Pemnit(TESC and water quality vnquinementa).
ii ROM requirements.
iii. Railroad Overpass Agreement (aka Construction and Maintenance Agreement)
iv. Railroad Temporary Occupancy Permit
V. Approved Traffic Control Plans
vi. Other requirements aadirected bythe City.
o) Track Change Orders and Force Account activities for appropriate reimbursement and Time Impact
Analysis. (Noted in |DF<)
d) Actively confirm Contractor's coordination of construction activities with adjacent property owners,
businesses, utilities and other agencies through review of the required Project Schedule and notice
forms.
o} Document as -constructed conditions of the project for the eventual creation of the Record Drawing.
The Construction Contractor shall furnish a red -lined plan set to the City at the completion of the
project; and the Consultant shall weekly verify the accuracy of the Contractor's Record Drawings
during construction. Respond and record decisions to questions which may arise regarding the
qua|ity, quantity and acceptability of material furnished, work performed, and rate of progress of work
performed byContractor. (Noted in|DR)
f) Direct Contractor topromptly rectify any non -conforming work observed.
g) Assist the City in the documentation and investigation of malfunctions, fai|uros, or accidents that may
occur during construction. (Noted in |DFl)
h) Other tasks as requested by the City. . Consultant ahoi| request additional funding ifitappears that
the additional tasks will exceed the approved budget.
i) Observe and document placement of materials and work completed for progress payments
j) Project Photos with date stamp, location and description (may be included in Headlight application)
Deliverables:
a) Inspector Daily Reports
b) Paper copies of as-builts shall be provided on 11 x1l 7 paper, bound, single sided sheets. Two copies.
Task 303-Construction Services — Materials Testing
The Consultant shall provide the following:
u) Coordinate, obtain and evaluate test results from testing services (e.g. turbidity monitoring pressure
testing, closed circuit television inspection, concrete strength, bedding and backfill, gradation,
subgrade and asphalt compaction testing). Promptly notify the City of any failing test reports.
Deliverables:
a) Test reports
b) Notification to City (email, verbal) of any failing test reports and initial Contractor remedial actions
Task 304-Construction Services —Gmoteohnica|Inspection Services
The Consultant shall provide the following:
o) Inspect and accept Bottom of Shaft Excavation per WSDOT 2016 Standard Specification 6-19.3(3)D
ExhibitA-SoopeofVVorh
Boeing Access Road Rehabilitation
Jacobs Page 4of5
b) Observe Contractor's Compaction Grout Soil Denaifioaton
c) Sample and test for contaminated material as directed by the City
Dek/arub|oa:
a) Daily Inspection Reports
b) Test reports for suspected contaminated materials
Task 386-Construction Services —Survey
The Consultant shall provide the following:
a) Prior to Contractor performing the appropriate Work, review, confirm and approve Contractor's
surveying to assure layout accuracy. Such approval shall not relieve the Contractor of responsibility of
accuracy ofthe stakes
b) Confirmation monitoring ofContractor's Settlement Monitoring
o) Final as -built survey
Deliverables:
a) Survey notes
Task 3OG—Electronic Daily Inspection Reports (Hend|iQhd
Daily inspection reports shall be completed using Headlight. The City will be allowed access to the project
|D0'sand updates
Deliverables:
o) Paper and electronic copies of|DR's.
a> Budget
i Staffing levels are anticipated in accordance with the attached budget estimate (see
attachment)
ii. Project vehicles are not contained within the scope nrbudget cfthis project.
iii. Vehicle mileage will be reimbursed at the Federal Internal Revenue Service Standard
Business Mileage Rate in effect at the time the mileage expense in incurred. Mileage is
based from the individuals "home base"Full time CMteam members base iaconsidered the
job trailer. Some subconsultants (Shannon & Wilson) consider their office as home and will
bareimbursed portal toportal.
iv. The current budget is based upon a 40 hour work week with an overtime allowance. As a
matter of safety, cost and efficiency, Jacobs would like to limit scheduled overtime to not
more than 10 hours per week for a total 50 hour work week. The City will notify Jacobs if they
feel additional resources are required. Compensation for additional resources will be based
upon that peroon'a all-inclusive rate.
V. The level of effort required will not exceed the approved budget without prior approval by the
5oQ—ADDITIONAL SERVICES
When requested by City, Consultant shall provide additional services that may increase the level of effort
described in this document. Authorization to perform additional services will be in the form of a mutually
negotiated Supplement to this Agreement, specifying the work to be performed, and basis of payment.
Exhibit A-Scop of Work
Boeing Access Road Rehabilitation
Jacobs
Page 5 of 5
Exhibit B
DBE Participation
N/A
Agreement Number:
WSDOT Form 140-089 EF Exhibit B Page 1 of 1
Revised 10/30/2014
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to usc 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
N/A
B. Roadway Design Files
N/A
C. Computer Aided Drafting Files
N/A
Agreement Number:
WSDOT Form 140-089 EF Exhibit C Page 1 of 4
Revised 10/30/2014
D. Specify the Agency's Right to Review Product with the Consultant
N/A
E. Specify the Electronic Deliverables to Be Provided to the Agency
N/A
F. Specify What Agency Furnished Services and Information Is to Be Provided
Final project plans and specifications
Agreement Number:
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 10/30/2014
II. Any Other Electronic Files to Be Provided
Inspection reports to be completed using Pavia Systems Headlight application. Inspection reports to be saved
as PDF file and hard copies provided to the City as part of document turnover at the end of the project
III. Methods to Electronically Exchange Data
N/A
WSDOT Form 140-089 EF Exhibit C
Revised 10/30/2014
Page 3 of 4
A. Agency Software Suite
N/A
B. Electronic Messaging System
N/A
C. File Transfers Format
Hard copies and PDF of project files to be transfer to City upon completion of he project
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 10/30/2014
Exhibit D
Prime Consultant Cost Computations
See attached
Agreement Number:
WSDOT Form 140-089 EF Exhibit D
Revised 10/30/2014
Page 1 of 1
Exhibit D
JA COBS - Estimate for Construction Services
City of Tukwila - Boeing Access Road Bridge Rehabilitation
1/23/2017
T
er son
na Rate
ce.
Total Hours
Total Cost
2017-2018 2018-2019
(estimated)
Project Manager
Resident Engineer/Assistant Project
Manager
Document Controls
Lead Inspector/Assistant Resident
Engineer
Jay Hueter
Bryan Nicholson
Cathy Braswell
Chris Lyons
236.97
246.45
24
$
$ 129.76 $ 134.95
2,946
29,763.78
386,634.09
108.61 $ 112.96
2,672
293,862.45
$ 132.93 $ 138.25
2,866
385,457.47
Headlight/Contract Administration
Contract Administration
Arlene Prieto
Dawn Gamier
129.55 $
162.04 $
134.74
168.52
152
19,982.42
68
11,148.24
Subtotal - Jacobs
8,828
$
1,126,848.44
Jacobs - Labor
$1,126,848.44
Directs
$397,445.40
Total
$1,524,293.83
Exhibit D
ESTIMATED DIRECTS
JACOBS Duration = 16 months
Communication
$ 2,400.00
'pad data plans.
External Hard Drives (To City at Completion)
200.00
Vehicle Lease
No Vehicles provided by Jacobs for this project.
Reproduction Expenses
$ 500.00
Express Mail
$ 500.00
Mileage
$ 1,000.00
allowance
Subconsultant -
Shannon & Wilson (Geotech)
$ 33,716.00
quote
1 Alliance (Survey)
$ 66,332.00
quote
O'Neil Services Group (Testing)
$ 215,394.64
quote
TranTech (Inspection)
$ 38,273.00
quote
Overtime Premium
$ 16,779.76
Headlight - 16 months
$ 20,000.00
Headlight = $13,547.00
Added amount for customization (IDR Reports) and support (if
needed)
Office Supplies (paper, desk supplies, file folders,
writing utensils, etc.)
$ 800.00
$50/month
Field Supplies (paint, write -in -rain books, etc.
$ 800.00
$50/mo.
Safety
$ 750.00
Total All Estimated Directs
397,445.40
Exhibit E
Sub -consultant Cost Computations
There isn't any sub -consultant participation at this time. The CONSULTANT shall not sub -contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub -Contracting" of this AGREEMENT.
See attached
Agreement Number:
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Revised 10/30/2014
Exhibit E
PROJECT
NUMBER
16-149
NAME
S Boeing Acc Rd Br CM
CLIENT
Jacobs
OWNER
Tukwila
61 ALLIANCE
GEOMATICS
SURVEYING & MAPPING
MBE/DBE
TASK
' Principal
PM
Project
CADD 5
CADD 3
TECH 5
TECH 3
ADMIN
FEE
305 - Construction Services - Survey
$ 175.00
$ 150.00
$ 125.00
$ 115.00
$ 95.00
$ 115.00
$ 95.00
$ 75.00
TASK
No.
DESCRIPTION
HOURS
1
Contractor's Surveying QA/QC
388
4
16
24
56
56
112
112
8
$ 41,980
2
Contractor's Monitoring QA/QC
84
1
2
4
12
16
24 '
24
1
$ 8,990
3
Final As-Builts
140
2
4
8
12
32
40
40
2
$ 14,920
4
0
$ -
5
0
$ -
6
0
$
7
0
$ -
8
0
$ -
9
0
$ -
10
0
$ -
11
0
$ -
12
0
$ -
13
0
$ -
14
0
$ -
15
0
$ -
16
0
$ -
17
0
$ -
18
0
$ -
TOTAL HOURS
612
7
22
36
80
104
176
176
11
$ 1,225.00
_ $ 3,300.00
$ 4,500.00
$ 9,200.00
$ 9,880.00
$ 20,240.00
$ 16,720.00
$ 825.00
TOTAL DIRECT BURDENED SALARY COSTS $ - $ 65,890.00
$ 65,890
OTHER DIRECT COSTS
MILEAGE
(ONE WAY)
14
MILEAGE (TOTAL MILES)
616
$ 333
$ -
number of field days
22
PER DIEM (DAYS)
$ -
NOTES
LODGING (DAYS)
MATERIALS & SUPPLIES
$ 99
OTHER (DESCRIBE)
$
SUE LOCATES
$
TOTAL OTHER DIRECT COSTS
$ 432
. - �-,.
—ems a
$ 66,322
GRAND TOTAL FEE ESTIMATE
16-149 1AG - TUK BB CM
M:\2016\16-149 JAC TUK \000000N\0010Proposal\16-149 1AG - TUK BB CM
2/2/2017
Exhibit E
OSG Estimate for Boeing Access BNRR Bridge Rehabilitation
DGET BREAKDOWN BASED ON EYE 15 OVERHEAD RATES
Overhead
Fee(Profit)
Hourly
No. of
Units Per
Direct Labor
Estimated
Task Description
Visits
Visit
No. & Type of Units
Rate (NTE)
Billing
Rate (NTE)
Cost
87.84%
30.00%
Construction Inspections and Materials Testing Services
Reinfroced concrete
55
8
440
hours
$40.00
$35.14
$12.00
$87.14
$38,339.84
Structural steel (erection, welding, & bolting)
110
8
880
hours
$40.00
$35.14
$12.00
$87.14
$76,679.68
Structural steel fabrication shop audit inspection
(AISC approved fabricator)
8
8
64
hours
$40.00
$35.14
$12.00
$87.14
$5,576.70
Soil and asphalt compaction
72
8
576
hours
$40.00
$35.14
$12.00
$87.14
$50,190.34
Project Manager (meeting, report review, final letter)
96
1
96
hours
$62.00
$54.46
$18.60
$135.06
$12,965.84
Administrative
96
1
96
hours
$37.50
$32.94
$11.25
$81.69
$7,842.24
Concrete/grout/mortar test cylinders (Unit Cost)
55
4
220
each
$22.00
$4,840.00
Moisture/density relationship (ASTM D 698, D 1557)
5
1
5
each
$200.00
$1,000.00
Grain size analysis (ASTM C 136/C 117)
10
1
10
each
$100.00
$1,000.00
Sand equivalent (ASTM D 2419)
10
1
10
each
$80.00
$800.00
Fracture face count (WSDOT 103)
5
1
5
each
$50.00
$250.00
Rice density (ASTM D 2041, AASHTO T 245)
5
1
5
each
$90.00
$450.00
Asphalt oil content ignition method(ASTM D 6307)
5
1
5
each
$250.00
$1,250.00
Vehicle (Unit Cost Local Seattle Area)
245
1
245
trip/day
$58.00
$14,210.00
Estimated Project Budget
$215,394.64
"Labor rates are 1.5x the standard rate for nights, weekends, and hours over 8 per day. Four hour minimum charge for i spections.
"billing Multiplier = (1.0 x diret labor rate) + (0.8784 x direct labor rate) + (0.30 x direct labor rate) = 2.1784 x direct labor rate
Exhibit E
Geotechnical Services Construction Phase Estimate
South Boeing Access Road- Airport Way Overcrossing
City of Tukwila, Washington
LABOR
Assoc/Sr
Senior
Engineer
Drafting
Clerical
Subtotal
SCOPE OF WORK ITEM
PIC
Associate
Engineer
IV
Hours
TASK 1 - Contractor Submittals
(included as
part of Design
Services Du
ing Construction)
TASK 2 - Shaft and Pile Field Observation
Kickoff meeting
2
2
2
6
RR Safety training/site meeting
4
4
Office Support
2
8
8
18
Review Driving Records/CSL
1
4
5
Field Observation
80
80
TASK 3 Compaction Grouting
Kickoff meeting
2
2
2
6
RR Safety training/site meeting
4
4
Office Support
2
10
8
20
Review Verification Borings/CPTs
1
4
5
Field Observation
100
100
TASK 4 Wall backfill and compaction
Office Support
2
2
Field Observation
16
16
TASK 4.5- Project Management
Project Management
4
4
8
Team Meetings/Conference Calls
Subtotal Hours
10
36
224
4
274
Subtotal Labor Fee
$2,050
$6,120
$24,640
$320
$33,130
TOTAL FEE (Labor + ODC)
$33,716
SHANNON & W ILSON, INC.
Direct Expenses
Item
Unit
Unit
Price
Qty.
Sub -Total
Expenses
B&W Copies/Reproduction ea $0.10 60 $6.00
Color Copies/Reproduction ea $1,00 40 $40.00
Mileage mi $0.540 1000 $540.00
Markup on ODC (0%) $ -
ODC Total $ 586
The above is a rough estimate of effort and was not based on the Contractor's schedule. The actual will need to be adjusted based on the Contractor's actual schedule.
1 / 12/2017
21-2-61537-001
Exhibit E
TranTech
Exhibit B - Subconsultant Cost Computations
Engineering
City of Tukwila Boeing Access Road Bridge BNSF RR CM Services
Work Element
- Project
Project Inspector Admin
Manager
anagement 8 8
Work Element 2 - Inspection Services
Total Staff Hours
Direct Hourly Rate
OH @140.85% of Direct Labor
Profit @30% of Direct Labor
Negotiated Hourly Rate (NHR) = (Direct+OH+Profit)
Total Direct Salary Cost
rect Cos
Notes:
280
$59.00 $47.50 $22.00
$83.10 $66.90 $30.36
$17.70 $14.25 $6.60
$159.80 $128.65 $58.96
$1,278 $36,023 $472
Total Direct Labor ( $37,773.14
s (production, Fedex, Parking, etc) $500
* - NHR is based on WSDOT 2016 audited overhead letter
Total = $38,273
Page 1
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub -contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this infoilliation, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number:
WSDOT Form 140-089 EF Exhibit F Page 1 of 1
Revised 10/30/2014
Exhibit G
Certification Documents
Exhibit (1- I (a) Certification of Consultant
Exhibit G-1(b) Certification of city of Tukwila
Exhibit 6-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of thc Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
WSDOT Form 140-089 EF Exhibit G
Revised 10/30/2014
Page 1 of 1
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Jacobs Project Management Co.
whose address is
600 108th Avenue NE, Bellevue WA, 98004
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the City of Tukwila
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.
Jacobs Project Management Co.
Consultant (Firm Name)
Tyler Sheldon 2/20/2017
Signature (Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-1(b) Certification of City of Tukwila
I hereby certify that I am the:
[Z]
11 Other
of the and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
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.
Tyler Sheldon 2/20/2017
Signature Date
AgreementNumber:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
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 (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Jacobs Project Management Co.
Consultant (Firm Name)
Tyler Sheldon 2/20/2017
Signature (Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this ccrtification be included in all lower tier sub -contracts, which exceed $100,000,
and that all such sub -recipients shall certify and disclose accordingly.
Jacobs Project Management Co.
Consultant (Firm Name)
Tyler Sheldon 2/20/2017
Signature (Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of Boeing Access Road Bridge Rehabilitation * are accurate, complete, and current
as of January 23, 2017
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: Jacobs Project Management Co.
Tyler Sheldon Operations Manager
Signature Title
Date of Execution***:
"The burdened labor rates, including fringe and G&A, utilized in support of this Agreement are as negotiated and approved
by the City. These rates are not subject to recertification herein."
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $ N/A
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ N/A
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $ N/A
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number:
WSDOT Form 140-089 EF Exhibit H Page 1 of 1
Revised 10/30/2014
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). Ifthis is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
WSDOT Form 140-089 EF Exhibit I Page 1 of 2
Revised 10/30/2014
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect thc agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
WSDOT Form 140-089 EF Exhibit I
Revised 10/30/2014
Page 2 of 2
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number:
WSDOT Form 140-089 EF Exhibit J Page 1 of 2
Revised 10/30/2014
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
WSDOT Form 140-089 EF Exhibit J Page 2 of 2
Revised 10/30/2014