HomeMy WebLinkAboutTrans 2013-09-24 Item 2A - Agreement - Boeing Access Road with Jacobs EngineeringTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Grant Griffin, Senior Program Manager
DATE: September 20, 2013
SUBJECT: Boeing Access Rd over BNRR Bridge Rehabilitation
Project No. 99410408
Consultant Selection and Agreement
ISSUE
Execute a contract with Jacobs Engineering Group, Inc. to provide design services for the Boeing Access Rd over BNRR
Bridge Rehabilitation project.
BACKGROUND
In November 2012, the City received Federal Local Bridge Program funding for the Boeing Access Rd over BNRR Bridge
Rehabilitation Project. The grant funds were awarded for the rehabilitation of the existing Boeing Access Rd bridge by
removing all deficiencies whereby extending its service life and improving bridge safety.
The City advertised Request for Qualifications (RFQ) in the Seattle Times and the Daily Journal of Commerce on July 22
and 29, 2013 for a design consultant for the Boeing Access Rd Bridge Project. The RFQ submittals were due on August 12,
2013.
Six consulting engineering firms submitted Statements of Qualifications (SOQ) for City review. The City's Selection Advisory
Committee (SAC) reviewed the SOQ submittals and selected three consultants for interviews. Results of the interviews are
included in the attached Scoring and Selection Matrix. The Jacobs Engineering Group, Inc. was selected to provide
engineering design services for the Boeing Access Rd Bridge Project.
DISCUSSION
Jacobs Engineering Group, Inc. has provided a contract, scope of work, and fee estimate to design of the Boeing Access Rd
over BNRR Bridge Rehabilitation project and advertise for construction bids (see attached contract).
FINANCIAL IMPACT
Jacobs Engineering Design Contract
Contract Budget
$1,017,772.00 $ 1,353,000.00
RECOMMENDATION
Council is being asked to approve the contract with Jacobs Engineering Group, Inc. in the amount of $1,017,772.00 to
provide design engineering services for the Boeing Access Rd over BNRR Bridge Rehabilitation project and consider this
item on the Consent Agenda at the October 7, 2013 Regular Meeting.
Attachments: Vicinity Map
Scoring and Selection Matrix
Page 11, Adopted 2013 CIP
Contract, Scope of Work and Fee Estimate
W:IPW EngIPROJECTSIA- RW 8 RS ProjectslBAR Bridge Rehab (99410408)IPEITransportabon Committeel(1)BAR Jacobs Into Memo Consult Select & Contractdocx
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Boeing Access Road over BNRR Rehabilitation Interview Worksheet
Consultant Scoring and Selection Matrix
September 10, 2013
High Score = Successful Consultant
Tukwila Project No. 99410408
Criteria
Possible
Points
Consultant
Tischmak
Anderson
Griffin
1.
Firm's Structure, Qualifications and Experience:
0 -40
DEA
35
37
38
Experience with similar projects, Experience with
environmental planning and permitting process,
Understanding of project, Approach to project,
Familiarity with LAG Manual and Federal Aid/WSDOT
KPFF
Jacobs
37
40
35
38
35
40
Standards and requirements, Past performances and
references
2.
Project Manager and Personnel Qualifications and
0 -30
DEA
27
27
28
Experience: Key personnel and resume including
project manager and sub - consultants
KPFF
25
27
28
Jacobs
30
28
30
3.
Team Availability & Anticipated Schedule: Ability to
meet schedules
0 -20
DEA
20
18
20
KPFF
20
18
20
Jacobs
20
19
20
4.
Presentation
0 -10
DEA
8
9
7
KPFF
7
8
8
Jacobs
10
10
10
Points
100
DEA
90
91
93
KPFF
89
88
91
Jacobs
100
95
100
High Score = Successful Consultant
Tukwila Project No. 99410408
Local Agency
Standard Consultant
Agreement
Consultant/Address /Telephone
Jacobs Engineering Group, Inc.
600 - 108th Avenue NE, Suite 700
Bellevue, WA 98004
e Architectural /Engineering Agreement
►i4 Personal Services Agreement
Agreement Number
Federal Aid Number
BHM - 1380(003)
Project Title And Work Description
Boeing Access Road Over BNRR Bridge
Rehabilitation
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
%
%
%
e Cost Plus Fixed Fee
Overhead Progress Payment Rate 118.43
Overhead Cost Method
DBE Participation
Yes ►�� No
►l. Actual Cost
❑ Actual Cost Not To Exceed
❑ Fixed Overhead Rate
Fixed Fee $
Federal ID Number or Social Security Number
95- 4081636
Do you require a 1099 for IRS?
Completion Date
December 30, 2014
❑ Yes No
❑ Specific Rates Of Pay
0 Negotiated Hourly Rate
Total Amount Authorized $
Management Reserve Fund $
Maximum Amount Payable $
1,017,722.00
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
1,017,722.00
Index of Exhibits (Check all that apply):
® Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
® Exhibit C Electronic Exchange of Data
❑ Exhibit D -1 Payment - Lump Sum
❑ Exhibit D -2 Payment - Cost Plus
® Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D -4 Payment - Provisional
❑ Exhibit E -1 Fee - Lump Fixed/Unit
® Exhibit E -2 Fee - Specific Rates
® Exhibit F Overhead Cost
® Exhibit G Subcontracted Work
® Exhibit G -1 Subconsultant Fee
THIS AGREEMENT, made and entered into this
between the Local Agency of City of Tukwila
❑ Exhibit G -2 Fee -Sub Specific Rates
® Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreement
❑ Exhibit J Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
❑ Exhibit M -2 Certification - Primary
® Exhibit M -3 Lobbying Certification
® Exhibit M -4 Pricing Data Certification
❑ App. 31.910 Supplemental Signature Page
day of September , 2013
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
, Washington, hereinafter called the "AGENCY" ,
4
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
1 General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
11 Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
111 General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D/M WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AG ENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 3 I.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager.
VI Sub - Contracting
The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum
amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3of8
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third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
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In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (I) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
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The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (I) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By By
Consultant Jacobs Engineering Group, Inc.
DOT Form 140 -089 EF
Revised 3/2008
Agency City of Tukwila
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EXHIBIT A -1
SCOPE OF WORK
City of Tukwila
JACOBS
S. BOEING ACCESS ROAD BRIDGE REHABILITATION PROJECT
Project Objective and Project Description
This project will provide preliminary and final design engineering services to the City of Tukwila
(CITY) for the rehabilitation of the South Boeing Access Road Bridge over BNSF /UPRR railroads, an
important connection between 1 -5 and East Marginal Way South in the north end of City.
The Boeing Access Road Bridge, originally constructed in 1944 and widened in 1965, is a five span
bridge, three steel girder spans and two concrete T -beam spans, supported on concrete piers
founded on H -pile foundation. The bridge accommodates approximately 40,000 vehicles per day,
with truck volumes accounting for roughly 10% of traffic. It is therefore essential that the bridge be
brought to current seismic and safety standards in order to protect public safety.
The project will be accomplished in the following three phases:
Phase 1— Bridge Rehabilitation Alternatives Evaluation
Phase 1 of the project is to assess bridge conditions and identify its deficiencies by conducting an
in -depth bridge inspection. Seismic analysis will also be performed to identify seismic vulnerability
of the bridge under current AASHTO design level earthquake (1,000 -year return period). The
findings and recommendations, along with associated costs, will be summarized in a Design Report.
Phase 2 — Final Design (PS &E)
Upon approval of the Design Report (Technical Memorandum) by the CITY, the final construction
documents (PS &E) will be prepared for the retrofit measures recommended and selected in Phase
1. We will perform the final design and prepare the final construction PS &E documents in this
phase in accordance with the City and WSDOT standards.
Phase 3 — Construction Support
Upon completion of Phase 2, the CONSULTANT will assist the CITY with review of Contractor
submittals, shop drawings, evaluation of change proposals, and responding to questions from the
CITY and Contractor. The detailed level of effort will be negotiated at the end of Phase 2.
Project Criteria
The seismic analysis, reports, and the final PS &E documents will be developed in accordance with
the latest edition and amendments of the following documents:
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• FHWA "Seismic Retrofitting Manual for Highway Structures: Part 1— Bridges"
• AASHTO LRFD Bridge Design Specifications, 6th Edition, 2012
• AASHTO Guide Specifications for LRFD Seismic Bridge Design, 2nd Ed., 2011 with 2012 Interim
• WSDOT Bridge Design Manual — LRFD.
• WSDOT Geotechnical Design Manual
• WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (M41 -10)
• WSDOT Standard Plans for Road, Bridge, and Municipal Construction (M21 -01)
• WSDOT Local Agency Guidelines Manual
• AISC Steel Construction Manual, Thirteenth Edition (LRFD)
• City of Tukwila Design Standards
Items and Services to Be Furnished by the City
The CITY will provide the following items and services to the CONSULTANT that will facilitate the
engineering design and preparation of the construction documents for work within the limits of the
project.
• Available as -built drawings and information on other projects in the immediate vicinity, if
applicable.
• Rights -of -entry upon all lands necessary for the performance of the work, including official
notices to property owners and agencies.
• Timely reviews of Jacobs submittals at the mutually agreed upon times set forth in the project
schedule and the consolidation of all review comments by others onto one review set.
• Compilation, reproduction, and distribution of Bid Documents to potential bidders and
interested parties.
Project Schedule
The preliminary project schedule will be developed upon notice to proceed for the project and
updated as changes occur. The anticipated major milestone dates are:
Milestone
Consultant Notice to Proceed
In -depth Bridge Inspection
Rehab Alternative Study
Start Phase 2 — PS &E Documents
30% Design Plans Completion
NEPA Documentation Completed
60% Design Plans Completion
90% PS &E Completion
Pre -Ad PS &E Completion
September 25, 2013
November 15, 2013
February 21, 2014
February 24, 2014
April 4, 2014
June 16 2014
June 16, 2014
August 15, 2014
September 17, 2014
South Boeing Access Road Bridge Rehabilitation Project 2
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Scope of Work
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GENERAL WORK TASKS
1.0 Project Management
The CONSULTANT will provide continuous project management and administration of services
under this agreement. The CONSULTANT will provide direction and review the work of the staff
and sub - consultants during the course of the project. This work element includes preparing
monthly progress reports, including the status of individual work elements, number of meetings
attended, outstanding information required and work items planned for the following month.
The CONSULTANT will manage the schedule, scope, budget, and quality over the term of the
Agreement. Current design budget status, as well as projections, will be developed. Periodic
monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. This may
include formal scope and /or budget modifications if mutually agreed.
The CONSULTANT's Project Manager will maintain communication with the CITY's Project Manager
and the CONSULTANT's Project Team via informal meetings, telephone discussions, electronic mail
and other means necessary. SharePoint will be used to share documents and submittals.
1.1 Project Kick -off and Coordination
The CONSULTANT will coordinate execution of the project and meet periodically with the CITY
Project Manager and staff. Some of the tasks include:
• Conducting a kickoff meeting at the beginning of the project.
• Developing the project schedule and updating it as changes occur.
• Meeting with the CITY Project Manager and /or staff periodically, including design review
coordination at each submittal, including the rehabilitation alternatives report, and 30, 60,
and 90% of the final design.
1.2 Subconsultant Coordination
The CONSULTANT will provide direction of the SUBCONSULTANT and review of their work over the
course of the project. Monthly monitoring of the SUBCONSULTANT's design budget will occur over
the course of the project. Current status, as well as projections, will be developed. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. This
may include formal scope and /or budget modifications if mutually agreed.
1.3 Project Monitoring and Reporting
The CONSULTANT's project manager will provide direction to the project team, including
subconsultants, and conduct project coordination meetings with appropriate task leaders. The
project manager will monitor the project planned budget versus actual progress and take corrective
South Boeing Access Road Bridge Rehabilitation Project 3
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JACOBS
Scope of Work
(Continued)
actions if necessary. Jacobs will prepare and submit monthly invoices and a brief progress report to
reflect progress over the last billing period and anticipated activities over the next billing period.
1.4 Quality Control /Quality Assurance Review
This work element is for QC /QA review of deliverables by a designated QC /QA staff member of the
CONSULTANT team. The review will cover documents; reports; plans, specifications, and cost
estimates; and pertinent information on an ongoing basis. The program entails the periodic review
of study criteria, design, and assumptions, as well as concepts and presentation of product format;
and assures that the overall project objectives are being fulfilled.
The following levels of structural review will be performed for the seismic analysis and design:
• Bridge Assessment & Rehabilitation Evaluation Check — The checker verifies the inspection
details, rehabilitation alternatives and recommendations.
• Structural Design Check — The design checker verifies the correctness of the analysis input
and design calculations.
• Plans Check — The checker performs the plan check for the geometry, dimensions, and final
quantities.
• Constructability Check —The design team performs a review of the plans.
Assumptions:
• The CONSULTANT'S Project Manager and /or project engineer will meet (face-to-face) with
the CITY Project Manager on a monthly basis.
• Internal project team coordination meetings will be held on a monthly basis during project
duration.
Deliverables:
• Monthly Invoices and Progress Reports
• Project Schedule (as updated)
• Meeting Minutes
PHASE 1— BRIDGE REHABILITATION ALTERNATIVES EVALUATION
2.0 Bridge Deficiency Assessment
Initially, the CONSULTANT will gather information pertinent to the project, including as -built
drawings, bridge inspection reports, maintenance records, load rating, and utilities on the bridge.
In order to assess the bridge deficiencies, the CONSULTANT will provide an in -depth inspection of
the bridge early in the design phase. The inspection needs to be closely coordinated with BNSF and
UPRR for flagging and temporary right -of -entry purposes. This in -depth inspection will identify all of
South Boeing Access Road Bridge Rehabilitation Project 4
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Scope of Work
(Continued)
the deficiencies that are readily accessible and observable, and will provide an assessment of the
bridge condition.
Assumptions:
• The CITY will provide the existing information on the project as available from the record,
including from the City, WSDOT H &LP, and King County.
• The City will provide Traffic Control
Deliverables
• Structural Assessment Report
■ Photos of the bridge and site conditions
3.0 Survey and Mapping (1 Alliance Goematics)
3.1 Survey Project Management, QA /QC, and Administrative
This task involves the overall survey project management, quality management, and administrative
duties necessary for a successful project. Sub tasks include:
a. Project kick -off meeting
b. Communication and coordination
c. Supervision and QA /QC
d. Billing and Progress Reporting
3.2 Geodetic Survey Control (Datum and Coordinate System)
This task involves the necessary research of datum and coordinate system, location of current
monuments, and the field and office effort required to establish a survey -grade control network
from which to perform the field surveying and mapping. Sub tasks include:
a. Research
i. Datum and Coordinate System
1. Horizontal = NAD 83/91
2. Vertical = NAVD88
ii. Tukwila Survey Control
1. Horizontal
2. Vertical
b. Establish Site Survey Control (Field Effort) by GNSS and ground traverse methods
c. Process Survey Control (Office Effort) to check and adjust to industry standards
3.3 Field Surveying and Mapping
This task involves the fieldwork necessary to complete a topographic mapping survey of the project
area. This area is approximately 500 feet in length and 100 feet in width. Sub tasks include:
a. Top of Deck Mapping
b. Locate Geo Tech Borings
c. Cross - Sections and Ground Shots
d. Columns /Abutments /Walls /Beams /Pier Caps
e. Locate accessible surface observable utilities within the project limits
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Scope of Work
(Continued)
f. Locate any underground utility paint, by others
g. Structure Attachments as necessary
3.4 Office Processing and Deliverable Generation
This task involves the coordination and acquisition of existing 'legacy' data, the processing of newly
acquired data, and the merging of the data sets into an electronic AutoCAD Civil 3D topographic
base map. Sub tasks include:
a. Acquiring free LiDAR from the Puget Sound LiDAR Consortium
b. Acceptance of relevant City of Tukwila GIS files
c. Processing and quality checks of newly acquired data
d. Generation of deliverable
Assumptions:
• Right -of -Entry shall be granted to lAlliance personnel
• Sub - surface utility locates shall be provided by others
• No boundary work, including easements or legal descriptions, will be required for this project
Deliverables:
• Electronic AutoCAD Civil 3D topographic base map
4.0 Geotechnical Investigation (Shannon & Wilson)
Based on borings drilled for the nearby Sound Transit South Boeing Access bridge and borings for
the existing bridge, sandstone bedrock would be encountered at a relatively shallow depth on the
east side of the existing bridge. However, the subsurface conditions on the west side of the existing
bridge consist of approximately 45 to 65 feet of loose sand and silty sand that is followed by
weathered sandstone and siltstone. The depth to competent sandstone could vary between 70
and 85 feet.
Additional deep foundation support may be required for bridge rehabilitation to provide the
additional required axial and lateral resistance. The upper 45 to 65 feet of loose sand and silty sand
would likely be liquefiable and would provide minimal axial and lateral resistance. To provide
suitable axial and lateral resistance and mitigate vibration impacts from driven piles on the existing
bridge, drilled shafts or micropiles would likely be preferred. Therefore, axial and lateral resistance
of the deep foundations would be obtained from a rock - socketed drilled shaft or micropile founded
in the sandstone. Our scope of services presented below is based on this understanding of the
subsurface conditions.
The geotechnical investigation will be completed for the following tasks in a timely manner and
completed within the overall design schedule.
4.1 Review Existing Data
• Review available geotechnical reports and data from the previous projects in the vicinity of
the project site.
• Review available LIDAR data and geologic maps.
4.2 Geological Field Reconnaissance
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Scope of Work
(Continued)
• Geologic reconnaissance carried out by a geologist to locate the field explorations and
review the abutment slopes.
4.3 Geotechnical Investigation
• Drill three to four borings. Borings on the east and west sides of the bridge would extend to
depths of approximately 40 feet and 100 feet, respectively. All borings would core at least
20 feet into suitable sandstone rock.
• Locate proposed borings at the site and retain an underground utility location service to
mark the position of the underground utilities. Relocate borings as required based on the
results of the utility location service.
• A truck mounted drill rig will be used to reach the proposed boring locations. Drilling will be
performed from the existing roadway. We would core through the existing bridge deck for
borings at the intermediate piers.
• Coordinate with the CITY to obtain street - use - permits and traffic control plans.
• Coordinate with BNSF and UPRR for flagging and temporary right -of -entry purposes.
• Obtain Standard Penetration Test (SPT) samples and rock core. Rock Quality designation
(RQD) and percent recovery would be recorded for all rock core runs.
• Review soil samples in laboratory and carry out index testing (Atterberg Limits, grain size
and moisture content).
• Review rock core runs in laboratory and carry out rock testing (Unconfined Compressive
Strength, Density, and moisture content).
4.4 Geotechnical Analysis
• Develop one subsurface profile using new and existing borings.
• Compute design response spectrum for a ground motion with a 7 percent probability of
exceedance in 75 years (1,000 -year average return period). The design ground motion
response spectrum will be determined using the current AASHTO Standards and the
probabilistic seismic hazard analysis performed by the US Geological Survey. The boring
data will be used to determine the site class of the bridge area. Based on our understanding
of the subsurface conditions, it is likely that the east and west side of the bridge would have
a different site class. We will discuss the implications of site class selection with the
structural engineer.
• A liquefaction analysis will be conducted to estimate the liquefaction potential of soil
encountered in the borings.
• Slope stability analyses will be performed for static, seismic, and post- seismic loading
conditions. If necessary the dynamic loading of the bridge piers due to a slope failure will be
determined.
• Axial static, seismic, and post- seismic resistance of the existing deep foundations will be
reviewed. A similar axial analysis will be performed for drilled shaft or micropile
foundations that could be required for the rehabilitation. Axial analysis plots will be
South Boeing Access Road Bridge Rehabilitation Project 7
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Scope of Work
(Continued)
developed for two drilled shaft or micropile diameters. Foundation analyses will consider
downdrag loads caused by liquefaction- induced settlement.
• We will provide lateral soil resistance foundation parameters for static, seismic, and post -
seismic conditions. The structural engineer would perform the lateral deep foundation
analysis.
• Spring constants will be provided to structural engineers for their seismic bridge structural
analysis.
Assumptions:
• Borings can be advanced on the CITY right -of -way.
• All drilling would occur during normal daytime work hours and there are no time restrictions
for drilling.
• Environmental monitoring or testing of soil samples is not required.
Deliverables:
• Draft Geotechnical Report. Report to include details of geotechnical investigation and
preliminary foundation recommendations.
• Final Geotechnical Report
5.0 NEPA DCE and Permitting (Widener & Associates)
The use of federal funding will trigger the National Environmental Policy Act (NEPA) review process.
The project impacts may not rise to the level of having potentially regional significance; therefore,
NEPA DCE may be the best level of documentation.
Prior to receiving NEPA approval, a few issues will be documented, including the supporting
documentation for historic and archeological resources per Section 106 and a jurisdiction
determination per the USACE requirements of a potentially sensitive area on the southwest
quadrant of the project.
Due to the potential historic nature of the bridge itself, a 4(f) evaluation may be required for the
project. For the BRAC- funded project, it is likely that WSDOT and FHWA will allow a Programmatic
4(f) if one is necessary. This project is also likely to be exempt from consultations under Section
Seven of the Endangered Species Act.
All of these processes will need to be completed with FHWA as the lead agency and involve
coordination with the governing resource agencies to obtain approvals of the above supporting
documentation.
Once the federal documentation is completed we will use this information to support the SEPA
process by completing a SEPA checklist and referencing all the approved NEPA documentation. It is
likely this project will be approved with a SEPA Mitigated Determination of Nonsignificance
(MDNS).
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Scope of Work
(Continued)
Deliverables:
• Section 1.06 Report
• Hazmat Memo
• Section Seven No Effect Determination
• EJ memo
• ECS
• SEPA Checklist and Sensitive Area's Report
6.0 BNSF and UPRR Coordination (MCLogistics)
We will coordinate with BNSF and UPRR to keep them in the loop at all times, especially after the
submittal of the Bridge Rehabilitation Alternate Technical Memorandum and the City's selection of
the alternative of choice for advancement to full design.
We will assist the City Staff to obtain a Construction and Maintenance (C &M) agreement with the
railroads. It is essential to bring BNSF and UPRR to the table early in the design process to avoid the
risk of project delays and to obtain a C &M agreement.
The horizontal and vertical alignment will be reviewed to ensure that all standards are met and that
railroad clearances are maintained both horizontally and vertically.
Design will be provided for a work platform to be placed under the bridge during construction.
There appears to be a 3' -3" vertical space available at present (BNSF -UP Railroad Guidelines require
21' -0" vertical clearance during construction).
A strategy for staged construction, if desired by the City, will be developed for the construction
phase of the project.
Deliverables:
• Construction and Maintenance (C &M) Agreements with the railroads
7.0 Design Alternatives for Roadway /Pedestrian /Bicycle Lanes
The Boeing Access Road between East Marginal Way and Martin Luther King Way is designated in
the City's non - motorized "Walk and Roll" plan as a future "bicycle friendly" route, with future
planned trails also tying in along the south side. No bicycle facilities currently exist within the
corridor, and only intermittent sidewalks are present along the southern side of the alignment.
Existing challenges to non - motorized connectivity and safety include restrictive widths crossing
three bridge structures, vehicle speeds exceeding 40 mph (signed speed limit), heavy truck volume,
and multiple on -off ramps from Airport Way, 1 -5, and Martin Luther King Way.
South Boeing Access Road Bridge Rehabilitation Project 9
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Scope of Work
(Continued)
We will develop preliminary bicycle and pedestrian concepts / alternatives that safely and
uniformly connect the entire Boeing Access Road corridor between East Marginal Way and Martin
Luther King Way that can then be programmed, designed, and constructed over time as funding
becomes available.
We will coordinate with the CITY, prior to making any single non - motorized improvement to this
segment, that a plan for the entire corridor that facilitates the "Walk and Roll" is supported by the
City's stakeholders.
One alternative to consider is a single non - motorized path along the south side of the corridor.
Reasons to consider this alternative are:
a) less total width is required to establish multi -use bicycle /pedestrian facilities along one side
than segregated facilities along both sides — therefore less widening and /or lane narrowing;
b) the south side of the corridor crosses only three on /off ramps (versus five on the north) —
therefore minimizing the number of vehicle conflict points;
c) the south side of the bridge can be more easily widened; and
d) the City's plan shows future connection to planned trails adjacent the south side of the corridor.
Deliverables:
• Preliminary Plans for non - motorized paths
• Discussion on evaluation of non - motorized paths in the Design Report
8.0 Bridge Rehabilitation /Seismic Retrofit Alternatives Evaluation
Upon assessment of the structure conditions from the in -depth inspection, we will perform
evaluate feasible bridge rehabilitation alternatives in accordance with the requirements of the
WSDOT LAG Manual. Some of the specific rehabilitation items may include, but not limited to:
• Feasibility of bridge widening to accommodate non - motorized paths along the bridge
corridor;
• Repair or replacement of the transverse expansion joints and longitudinal joints;
• Repair or replacement of the poor column to bridge superstructure connection at Pier 3
(expansion joint between concrete and steel girders);
• Replacement of the steel rocker bearings for the steel girders;
• Repair or replacement of the damaged concrete barrier at the southeast corner.
The CONSULTANT will also perform seismic analysis to identify seismic vulnerabilities, using current
AASHTO design level ground motions (1,000 -year return period). If vulnerabilities are found,
retrofit alternatives and recommendations, along with associated costs, will be provided.
Specific tasks in this phase include:
South Boeing Access Road Bridge Rehabilitation Project 10
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JACOBS
Scope of Work
(Continued)
• Model the bridge and foundation structural response utilizing foundation springs developed by
the geotechnical consultant base on the level of ground motion at all piers and abutments.
• Determine the bridge displacement capacity using the Method D2— Structure Capacity /Demand
(Pushover) Method of FHWA Seismic Retrofit Manual Section 5.6.
• Determine the seismic demands on the structure using the Multimode Spectral Method of
FHWA Seismic Retrofit Manual.
• Model the bridge structure with appropriate foundation springs at all piers and abutments,
which will be provided by the geotechnical study.
• Determine Capacity /Demand (C /D) Ratios for all- relevant failure modes for all bridge
elements, including but not limited to: Girders, columns, crossbeams, abutments, bearings,
expansion joints, column to crossbeam connections, and drilled shafts.
■ Develop retrofit alternatives, to the extent possible, for the elements that are above or near the
ground level, where they can be inspected after earthquake events. Recommended retrofit
measures shall, to the greatest extent practical, result in post retrofit C/D Ratios that are
greater than 1.0.
• Prepare the findings and results of analysis and recommended retrofit alternatives along with
associated costs in a technical memorandum and present to the CITY.
Deliverables:
• Preliminary Design Report (Technical Memorandum) — Prepare a draft memorandum that
summarizes the analysis approach, rehabilitation and seismic retrofit alternatives, rehabilitation
recommendations, and preliminary cost estimate. At the approval by the CITY, the report will
be finalized and submitted to the CITY for record.
■ Presentation (Optional) — If desired by the CITY, a presentation will be made by the
CONSULTANT to the CITY to overview the overall conditions of the bridge, in -depth inspection,
rehabilitation alternatives, seismic analysis and retrofit alternatives, and recommendation along
with estimated costs.
PHASE 2 — FINAL DESIGN (PS &E)
Upon completion of the preliminary engineering for bridge rehabilitation and seismic analysis phase
and approval of the Design Report by the CITY, the CONSULTANT will prepare the final design /PS &E
documents for the seismic retrofit measures recommended and selected at the previous phase.
The final PS &E documents will be prepared and submitted to the CITY for review and comments at
30 %, 60 %, 90 %, pre - final, and the final completion levels.
9.0 Conceptual Design Review Submittal (30% Design Plans)
South Boeing Access Road Bridge Rehabilitation Project 11
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Scope of Work
(Continued)
Develop preliminary bridge rehabilitation and seismic retrofit plans in accordance with the
recommendations in the Design Report. The Plans will show the major features of all retrofit
design elements, dimensions, existing conditions relative to the proposed retrofits, and other
critical elements.
The CONSULTANT will also update the construction cost estimate from the Phase 1 work to ensure
the overall project
Assumptions:
• The Plans will be prepared in the City of Tukwila standard title block.
Deliverables:
■ Conceptual design plans (11 "x17" sheets)
• Preliminary construction cost estimate
10.0 60% Design Plans
This will be a progress submittal of design plans to provide an update for the CITY staff on the
design progress. All plans sheets will be developed and included in this submittal.
Deliverables:
• 60% Design Plans (11 "x17" sheets)
■ Preliminary construction cost estimate
11.0 90% Design PS &E Documents
The CONSULTANT will prepare the PS &E documents incorporating the responses to the review
comments from the 60% submittal and bring the design to a 90% level completion. This submittal
will be reviewed by the CITY staff to assure conformance with the CITY standards and WSDOT
Highways & Local Programs guidelines. The submittal will include:
• Cover sheet including project title and a vicinity map;
■ Bridge layout, elevations, and details that will clearly show all information needed to
construct retrofits, requiring only minor edits to advance the plans to contract quality.
• Prepare Post - Retrofit C/D ratios for all applicable bridge elements and failure modes.
• List of bid items;
• Estimate of Probable Construction Cost and Quantities with backup calculations for quantity
calculations.
• Contract documents and specifications including Special provisions and listing of CITY
standard specifications, with fill -ins.
Assumptions:
• The CITY will provide the boilerplate for the Division 1 of the Contract Provisions.
■ Specifications will be based on the 2012 Edition of WSDOT Standard Specifications with the
current amendments
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JACO BS
Scope of Work
(Continued)
Deliverables:
• 90% Plans (half -size 11 "x17 "), Specification and Estimate
12.0 100% PS &E Documents
The CONSULTANT shall prepare the following in accordance with the CITY's review comments from
the 90% final design and coordination meeting and in accordance with regulatory agency permit
conditions:
• Prepare Final Documents incorporating responses to 100% PS &E comments from CITY staff.
• Transmit 100% Design Plans, Project Provisions, Special Provisions, and Estimate of Probable
Construction Cost to CITY for final review.
• Preparation of a final list of bid items, quantities, and a construction cost estimate for a set
of signed and reproducible construction contract documents.
Assumptions:
• The number, format, and tent of plan sheets will generally remain unchanged
• CITY's review at this stage is for the purpose of verifying that comments transmitted at 90%
completion stage were incorporated into the 100% documents, as mutually agreed. It is
assumed that "additional" design comments will not be generated at this stage.
Deliverables:
• 100% Plans (half -size, 11 "x17 "), Specifications and Estimate
• Final structural calculations with in electronic file (on CD)
13.0 Ad -Ready Contract Documents
The CONSULTANT will incorporate comments from 100% submittal and then assemble all plan
sheets, general and special provisions, cost estimates, and associated documentation for submittal
as an Ad -Ready PS &E package.
The CONSULTANT will upload plans and specifications to Builders Exchange.
Deliverables:
• Ad -Ready Plans (three copies in full -size 22 "x34 ")
• Bid documents with half -size Ad -Ready Plans (11 "x17 ") and specifications bound together
with bid schedule, standard details, prevailing wage information, all necessary appendices
• Bid submittal packet
• Engineer's Estimate
14.0 Assistance during Bid Period
The CONSULTANT shall provide assistance during the ad period for construction bids consisting of
attending a pre- construction meeting, answering bidder questions and preparing addenda. Review
low bid and check references.
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JACOBS
Scope of Work
(Continued)
PHASE 3 - CONSTRUCTION SUPPORT
The CONSULTANT will provide engineering services during the construction phase of the project. The
CONSULTANT will be responsible for interpreting the contract plans and specifications and giving
guidance to the CITY regarding the intent of the design.
The following tasks are currently identified but the details will be negotiated at the end of Phase 2,
prior to construction start:
• Review shop drawings
• Review construction materials and other submittals
■ Respond to RFIs from the Contractor and CITY staff;
• Review structural calculations prepared /proposed by the Contractor
• Provide answers to bridge construction questions
■ Site visits as requested by the CITY
• Attend construction meetings as requested by the CITY
• Assist the CITY in conflict resolution (if any)
• Assist the CITY in preparation of change order (if any)
• Prepare as -built drawings.
15.0 Bridge Load Rating Report
At the conclusion of the construction activities, our design team will prepare a load rating report
reflecting the completed rehabilitation work. The report will serve as documentation of the
improvements attained from implementing the bridge rehabilitation work. The load rating report
will be prepared in accordance with the latest edition of the WSDOT Bridge Design Manual.
South Boeing Access Road Bridge Rehabilitation Project 14
25
Exhibit C
Electronic Exchange of Engineering and Other Data
In this I xhiliil the a cnc). as applicable, is to prt vide a description of the 1oriiiai and standarcIS tlhe
consultant is to INC ►n preparing electronic tiles for transmission to the agency. The format and standards to
he provided i i include. but are not limited to,, the following:
I. Stirveyin. I.'adwav Design & Plans Preparation Section
A. Surve Data
13. Roadwa\ Design Files
C. Computer Aided Drafting Files
1). Specil■ the .• \genc■'s I:icht to Kw, Product with tic Consultant
F. !speeil \ the 1_lectronic Deliverables to tae I io\ ided to the ,\ enc\
F. Sprciff \\ hat Agency Furnished Services and Information Is to Be Provided
II. Any Other 1 'l ctt on is Piles to 13e 1'ro\ idcd
11I. ,Methods to Electrunicallti Exchange Data
A. Agency `software Suite
13. Elect cmiL \lessa;�in,� ti\stem
File Transfers 1'ciiiiiit
DOT r,in ,10•Orrs [r [r:h ur. C
Rey seri 6!
26
Exhibit D -3
Payment (Negotiated Hourly Rate)
The C;C)NSt)LTANi ,ha11 he paid by the AGENCY for completed work and services rendered under this
t\GIZE:1_:\lL-:iNl' as piividcd hereinafter. Such payment shall be rum compensation rot' work perforated or
services rendered and liar all labor. materials. supplies. equipment. and incidentals necessary to complete the
work. The C'ON51.I1 r yr shall conform to all applicable portions of-18 CFR Part ; I .
DOT
I Icurly R:ales 'I he CO1NS1 iI:I'A.NTshadl be paid by the AGENCY for wort: done, based upon the
negotiated Itrxirly rates shown in exhibit "L" and "V attached hereto and by this reference made
part ofthi -; ACi1RI IEr IENT. The rates listed shall he applicable For the First twelve) 12) month
Period and shall he subject to negotiation Ior the following twelve (12) month period upon reclnest
of the CONS)'I: rAN''I -or the AGENCY. I.rncruotia(ions are not conducted for the second or
subsequent twelve (12) month periods within ninety (90) days tiller completion of the previous
pt..r iod, the rates listed in this AGREE MENT. or subsequent written authorization(s) from the
\C�l NCY shall he utiliictl. The rates are inclusive of direct salaries; payroll additives, overhead.
and fee. The C(.3NSL'l 1 AN f ;hall maintain support data tto verify the hours billed on the
AGRIi1: MIN "I.
Direct Non-Salary (ost,- I)trect Non-Salary Costs n ill he reimbursed at the Actual Cost to the
CONSULTANT. 'I he,c charscs may include. but are not limited to, the following items; travel.
printing, long distance telephone. supplies. compute' charges and sub - consultant costs.
,\ir or train tray el w ill be reimbursed onl■ to economy class levels unless
otherwise appr•o' ed by the AGI NCY, The CONSULTANT shall comply with
the rides and d Iegulations regarding Iran el costs (excluding air, train. and rental
ear costs! in nccuidrutcc rah the ; \GI ;NCY'S Travel Rules and Procedures.
However, air. train, and rental car costs shall he reinthursccl in accordance with
=18 CFR. R. Part i 1.205 -l6 "'I ray el Coats.'
1.. 'the billing for Direct Non- Salar\ Costs shall include an itcni i d listing of
the charges directly identifiable with the PRCf.11 C1 .
1 lie CUNSU1. 1 AN 1 shall maintain the original supporting documents in their
nl Ilce. C'upic; cal the original supporting di,cument,,It,t11 be mipplied to the
\GI:NC'i upon request.
A l l abus e charges motif he necessary for the ices pro\ ided tinder this
. \(.RI:EFI1
I.inagenienl Re cr\e Fund- 1 he ■(.;1 =kC1' may desire to establish a Alana.cnicnt Reser\e Fund of
proyicic ihc Agreement Administrator w Ith the flexibility to autltorize,tdclitrunal Iitnds to the
r \CiRI:L• \-iI N r for allowable unforeseen costs. or reimbursing the CUNSL'L 1AN -1- for additional
work beyond that already defined in this \C.iRla \1ENT. Such authc,rizatuon(s) shall he in writing
and shall not exceed the lesser of -S' 0(1.000 or 10% oftlte Total Amount Authorized as short in the
heading of this 1Gl..Ii :`vl I:N l'. The amount included for Mnnageintnt Rcservi
Fund is slaula it
in the heading of this ACiRE-'E\•IENT. This fund may not be replenished. Any changes requiring
additional costs in excess of the Management. Reserve Fund shall he made in accordance with
Section XIV, "Extra
rcun 14C -OZS EF Exhiid 0 -3
Rtw sed 3/o
27
\hI \iunnn I otal Amount Payable: The fvlaxinttnn'1'otal Amount h} the r \G1NC'Y to the
c (_1NS1'LTAN fonder this i \GREE.MENT shall not exceed the amount show n in the heading of
this r\CGRE :NII :N I lire ■axiniiiin loud Amount Payable is comprised ol the "1 oral Amount
\uthori,cd, and the Nilana ;e.cmenl Rcecrvc Fund. The N'Inximu n total Antonnt. Payable does not
include payment lot 1 xlra \Word, as stipulated in Section XIV. "1- \to \Voth " No ntiriinttini
Z11110 11111 Ia).ande is guaranteed under this : \Ci1t1..1MLN•1
Nl,�uthl,
Progress Pa)- meat': I'ro:.tress p) monk nta\ he claimed on a monthly batik for all chats
authorised in 1 and 2 abo■o. 1 he ntunthl) billing shall be supported by detailed statements for
hrur, e\Itendetl at \lit rates established in Exhibit "1:'. uanies and cdassilicauuns of all
entphw . e'. and billings tier all direct non- salary expenses. To pre ide a means ofkerif\ ing the
billed salary costs Ill the C :C)NSt 11..1 A\ I 'S employees, the Atil•.NE ' ma) Londutt employee
uucr\ te\'s. "These Intel \ tows ilia\ consist of recording the name,, titles. sahtr) rate,. and present
duties ofthose employ ces performing work on the PRC)J1 CT at the time of tits inter\ it.\\.
ft Final Payment: I mail I'a) meat ofan\ balance due the CONSlll. I•r \N I of the gross =mini earned
wi11 he made prtunptl) upon its verification by the A(i1 NCI alter the completion of the work
tinder this AC.iR.I•.1 \11.:N 1. contingent upon ieceipt of sill PSK I.. plants. maps. notes. reports.
electronic -dais and other 'elated documents which :ire required to be furnished under this
AG R11:NIE?.i . Acceptance of such 1 inal Payment b) the C'(tNS111 '1 AN 1 shall constitute 0
release of all claims for payment, which the CONSI 11 I AN I max h:ne again,tllw ACiI 1s.C'1
unless such clamis are specifically reserved in +vriting and tiansnuttcd to the .AGE -Nt_ \ h\ the
C'C)NSI_iI_.TAN 1 prior to its acceptance. Said Final Pa\nienl shall not, hu\\e\ei. he a hnr to au)
claims That the '\( i1 NCY may hn\e against the CONS1'I TAN 1 iw to art\ remedies tit. A(tf.NC\
ma) pursue with respect to such claims_
The payment of an) billings will not constitute agreement as to the appropt iatcnc„ ol an) it.nt
and at the tints 'linal audit_ all required ad,justmenl' will be made and reflected in a final
payment. In the event that such final audit reveals an overpayment to the C'ONSUL"I`ANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice
of the overpayment. Such refund shall not constitute a waiver by the C'ONS1.11. PANT for any
claims relating to the validity of a Finding by the AGENCY tit-overpayment. The CONSLILTANI
has twenty (20) days after receipt of the final POST AU DIT 10 begin the appeal process to the
AGENCY for audit litiditi,_s.
Inspection of Cost Records: The C'C)NS1.,11..TANT :ind their suh- consultants shall keep available R i
inspection by representatives oldie .AGENCY. STATE and the United States. for a period ofthrec
(3) years after receipt of final payment. the cost records and accounts pertaining to this
AGREEMENT and all ilcnis related lit or hearing: upon these records with the following
exception: ifan\ litigation, claim or audit arising tail nil in connection \vith. or related to this
contract i . initiated hefore the expiration of the three (3) year period. the cost records and accounts
,hall he retained until such litigation. claim. or audit involving the records is eoiuplctcsl.
28
Project Name:
Project Number:
Consultant:
EXHIBIT E -2
Consultant Fee - Specific Rates
South Boeing Access Road Bridge Rehabilitation
Jacobs Engineering Group
NEGOTIATED HOURLY RATES
Overhead Profit
Name Classification Hours DSC 119% 30% Total
Kevin Kim Project Manager 748 $88.57 $104.96 $26.57 $164,632
Moein EI -Aarag Sr. Structural Engineer 1,024 $64.00 $75.84 $19.20 $162,857
Niftalem Bekit Structural Engineer 1,548 $40.00 $47.40 $12.00 $153,871
Hana D'Acci Design Engineer 1,480 $28.50 $33.77 $8.55 $104,817
Bonnie Prather CADD Technician 1,056 $43.00 $50.96 $12.90 $112,839
Rachel Altona Project Assistant 40 $23.00 $27.26 $6.90 $2,286
Curtis Black Contact Administrator 40 $46.14 $54.68 $13.84 $4,586
Tim Hedges Roadway Lead 106 $71.00 $84.14 $21.30 $18,702
Andrea Stott Roadway Engineer 222 $49.00 $58.07 $14.70 $27,032
Brooksie Barton Signal Engineer 64 $48.00 $56.88 $14.40 $7,634
Aaron Sherry Drainage Engineer 48 $53.00 $62.81 $15.90 $6,322
Collin Cabatbat Civil Engineer 220 $29.00 $34.37 $8.70 $15,854
Subtotal:
6,596
$781,433
REIMBURSABLES
Mileage
Reproduction (copies, plots, etc.)
Miscellanous
Subtotal:
$200
4000
300
$4,500
JACOBS TOTAL
SUBCONSULTANT COSTS (See Exhibit G)
$785,933
Shannon and Wilson (Geotechnical)
TranTech (Inspection and Load Rating)
1 Alliance Geomatics (Surveying and Mapping)
Widener and Associates (Environmental Planning and Permitting)
MCRaiI Logistics (Railroad Coordination)
Subtotal:
$84,627
$72,326
$12,833
$51,640
$10,413
$231,839
GRAND TOTAL
$1,017,772
29
Exhibit F
Breakdown of Overhead Cost
Account Title $ Beginning Total
of Direct Labor
Direct Labor
Overhead Expenses
FICA
Unemployment
Health /Accident Insurance
Medical Aid & Industria li s trance
Holiday /Vacation /Sick Lea 1e
Commission /Bonus/Pension
Total Fringe Benefits
renera Overhead
State B &O Taxes
Insurance
Adm nistrat on & T me Not Assignable
Printin j Stationery & Supplies
Professional Services
I i avel Not Ass gnable
Telephone & Telegraph Not Assignable
Fees, Dues & Professional Meetings
Utilities & Maintenance
Professional Development
Rent
Equipment Support
Office, Miscellaneous & Postage
Total General Overhead
Total Overhead (General + Fringe)
Overhead Rate (Total Overhead i Direct Labor)
DOT rorrn 140 061 El- r +I ht
r l _ n see C.05
30
EXHIBIT G
SUBCONTRACTED WORK
The CITY permits subcontracts for the following portions of the work of the AGREEMENT:
SUBCONSULTANT WORK DESCRIPTION AMOUNT
Shannon & Wilson Geotechnical $ 84,627
TranTech Br Inspection & Load Rating $ 72,326
1 Alliance Geomatics Surveying and Mapping $ 12,833
Widener & Associates Environmental $ 51,640
MCLogistics Rail Coordination $ 10,413
TOTAL = $ 231,839
31
EXHIBIT G -1
SUBCONSULTANT FEE DETERMINATION
PROJECT: South Boeing Access Road Bridge Rehabilitation
COMPANY NAME: 1 Alliance Gcomatics
NEGOTIATED IHOURLY RATES:
Classification Hours x Rate = Cost
Principal Surveyor 3 x $ 151 $ 453
Survey Project Manager 8 x $ 121 $ 968
Project Surveyor 14 x $ 111 $ 1554
Technician V (Field) 40 x $ 88 $ 3520
Technician 111 (Field) 40 x $ 69 $ 2760
l'ech V (CAD) 38 x $ 88 $ 3344
Admin 2 x $ 55 $ 110
Some rates may vary depending on personnel utilized.
REIMI3URSAI3LES:
/llisc disbursements (mileage, printing costs and the like)
Mileage at 44 miles at $0.565 = $25
Misc. consumable supplies, wood, flagging, paint
nails, printing, etc estimated at $99
TOTAL = $ 12,709
TOTAL = 5 124
GRANT) TOTAL: = $ 12,833
32
EXHIBIT G -1
SUBCONSULTANT FEE DETERMINATION
PROJECT: South Boeing Access Road Bridge Rehabilitation
COMPANY NAME: Shannon and Wilson
NEGOTIATED HOURLY RATES:
Classification Hours x Rate = Cost
Principal in Charge 11 x $230 $2,530
Associate 52 x $170 $8,840
Senior Engineer 33 x140 $4,620
Project Engineer 204 x $110 $22,440
Dra ftcr 18 x95 $1,710
Clerical 9 x$80 $720
TOTAL = $40,860
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
Drilling = $39,366
Soil Laboratory Testing = $4,252
Misc disbursements (mileage, printing costs and the like) =$149
TOTAL = $43,767
GRAND TOTAL: _ $84,627
33
EXHIBIT G -1
SUBCONSULTANT FEE DETERMINATION
PROJECT: South Boeing Access Road Bridge Rehabilitation
COMPANY NAME: TranTech
NEGOTIATED HOURLY RATES:
Classification Hours x Rate = Cost
Senior Engineer 200 x $163 $32,600
Staff Engineer 320 x $94 $30,080
CAD Tech 8 x102 $816
Clerical 24 x $55 $1,320
TOTAL = $64,816
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
Bridge Access Equipment Rental with Operator = $7,000
Misc disbursements (mileage, printing costs and the like) = $500
TOTAL = $7,500
GRAND TOTAL: = $72,326
34
EXHIBIT G -1
SUBCONSULTANT FEE DETERMINATION
PROJECT: South Boeing Access Road Bridge Rehabilitation
COMPANY NAME: 1 Alliance Geomatics
NEGOTIATED HOURLY RATES:
Classification Hours x Rate = Cost
Principal Surveyor 3 x $ 151 $ 453
Survey Project Manager 8 x $ 121 $ 968
Project Surveyor 14 x $ 111 $ 1554
Technician V (Field) 40 x $ 88 $ 3520
Technician 111 (Field) 40 x $ 69 $ 2760
Tech V (CAD) 38 x $ 88 $ 3344
Admin 2 x $ 55 $ 110
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
A1isc disbursements (mileage, printing costs and the like)
Mileage at 44 miles at $0.565 = $25
Misc. consumable supplies, wood, flagging, paint
nails, printing, etc estimated at $99
TOTAL = $ 12,709
TOTAL = $ 124
GRAND TOTAL: = $ 12,833
35
EXHIBIT G -1
SUBCONSULTANT FEE DETERMINATION
PROJECT: Boeing Access Road Bridge Rehabilitation
COMPANY NAME: Widener & Associates
NEGOTIATED HOURLY RATES:
Classification Hours x Rate = Cost
Project Manager 139 x $154.00 $21,406
Project Biologist 308 x $86.80 $26,734
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
Cultural Resource Report
GRAND TOTAL:
TOTAL = $48,140
= $3,500
= $51,640
36
EXHIBIT G -1
SUBCONSULTANT FEE DETERMINATION
PROJECT: Boeing Access Road Bridge Rehabilitation
COMPANY NAME: MCRaiI
NEGOTIATED HOURLY RATES:
Classification Hours x Rate = Cost
Railroad Coordinator 114 x $90 $10,260
TOTAL = $10,260
Some rates may vary depending on personnel utilized.
REIMBURSABLES:
Mileage = $153
GRANT) TOTAL: = $10,413
37
Exhibit G -3
Breakdown of Subconsultants Overhead Cost
Account Title
$ Beginning Total % of Direct Labor
Direct Labor
Overhead Expenses
FICA
Unemployment
Health/Accident Insurance
Medical Aid & Industrial Insurance
HolidayNacation!Sick Leave
Commission /Bonus /Pension
Total Fringe Benefits
General Overhead
State B &O Taxes
Insurance
Admin stration & Time Not Assignable
Printing Stationery & Supp ies
Professional Services
Travel Not Assignable
Telephone & Telegraph Not Assignable
I-ees Dues & Professional Meetings
UtiI ties F. Maintenance
Professional Development
Rent
Eq.ripment Support
Office Miscel aneous & Postage
Total General Overhead
Total Overhead (General + Fringe)
Overhead Rate (Total Overhead / Direct Labor)
DOT i• n 140 08' hi
R b 1o,3
38
Exhibit H
Title VI Assurances
I)utin; the petlt?ruuntce of this AGRIEET 1 ENT. theCONSUI_fANT. for itself. its as'ignees. Turd successors in
Intuest Itacct, as follows:
I r. omplrance tvith Regulat ions: The CONSULTANT shall contplt tt'ith the Regulations relative In nr�n
chgcrinunatiott in Federally assisted programs oldie A(jIzNC11. Title -19, Code or 1 cetera' Regulations. hart
21. as they may he amended From time to rime (hereinal)cr referred to as the "RI CiUI.ATIONS ")- which
ate herein inc,orporatecl by reference and made a parr of this AGR13L't\II7N-I-.
• Non- discrimin,tuon: The CONSULTANT. with regard to the work performed during the
AGRI I J \IIiN -t. shall not discriminate on the grounds arace, color. sex. or tuitional origin in the selection
and retention of sub- consultants, including procurement ofmaterials and leases ul equiptttent 1 he
t't )NSIl1.1-AN'I' shall not participate either directly or indirectly in the discrimination prohibited bt
Section 21.5 oldie RI Cill1 ATioNs. including employment practices when the AGIt1 1:MEN 1' covers a
program set forth in , \ppendi\ R of the RE(5Ul_A I IONS.
Solicitations for Suh- cnnstillr ts. Iitclidine Procurement of Materials and Equipment. In all solicitation,
erthei bt Lonipetrlitc• bidding 01 negotiations oracle h) the L°ONSUI 1 ANA for trod to he performed
under n sub-coin' tic'. includin. proem cnteitt of nuueriuls or leases of-equipment. cacti potential ,ul,.
ccrosultant or supplict shall he notified by the CONSULTANT of the CONSUL] \1\ 1'S under
tl i, \(il:1. fihv11 NI and the RI C,U1.ATIONS relative to non - discrimination on the groiinds or race. color,
of t iiticonal nt icon.
Inibrmalion and Repotts: 1 he CONSUI_ 1'AN'1- shall provide all information and reports iequired h■ the
RI (it i I ;\ I IC)NS or (lit ectllcs issued pursuant thereto and shall permit access to its books records
accounts. other soUreeS of inlorntation. and its facilities as may be determined b■ A(rLNt 1 S1'A I I
the Federal HiLght%a\ Administration (l 1•1 \\v; \) 10 he pertinent to ascertain compliance with such
RI:GI ILA'1'IONS. orders and instructions. \ \'here anv information required of a CONSULTANT is in the
lusive possession of another tvho fails or refuses to furnish this inliirnwiion, the C'CINSIJL`IAN I shall
so certify to the : \(FNC'Y. STATE or the 1=1.1 \Vr\ as appropriate. and shall set forth t.t hat efforts it has
made to obtain the information.
�.
Sanctions for Non - compliance: In Ilse event of the C:ONSL I I AN 1 'S non-compliance with the non-
discrimination provisions of this t\C:ilaa NI.ENT. the AGENCY shall impose such AGRI 1 i~,'ILN I'
sanctions as it. the STATE or the ll•I \\'j\ may determine to be appropriate including_. but not Hittite(' Io
• \1'itltholdiug of payments to the CONSUL'T'ANT under the •■GRE1 -1\11.N 1 until the
CONSULTANT' and/or:
• Cancellation. termination. or suspension of the AGRI.3.14AILNI - in whole or in part
DDT F_irn r40.O59 Er e +Libor 1-1
Revised iF405
39
Incorporation of Provisions: 'I'Ite C ONSI.J1.TANT shall include the provision of paragraphti t I) thruu h
(5) in every suh- contract. ineludiI1 , procurement mate' ial', and leases of equipment. unless exempt h\
the I'.I:(L II:: \"FICINS. or directives issue(' pursuant thereto- I he CC)NSULTAN'1- shall take such action
‘‘ ith respect to ;.tnv ,,u1- con,uItant or procurement as the \.01 "NCl' SfAT1= of I°I -1\V,\ nta■ direct a , a
mein, u1 entitreine, such pun isitms including Sanction, t'Or non - compliance
I'ro%ided, limo that in the event a CO1'S1Il :I AN I" becomes iitvt:1‘eel in. or 0, threatened %%ith.
litigation \\ tth a .;uh- consultant or supplier as a result cal'srtch direction: the Cl)NSt_iI 1 AN I ma, tequc,t
the \GENE\ and ' 1 1 tilt; A I I enter into such litigation to protect the interests of the \(GLNCY and the
S1 \I I and. in addition. the I (:)NSt.1L 1'. \N f may request the Lillie(' States enter into such litigation to
p otc(t the n;lcrests of the I nit(:c1 States.
40
Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
:!\ Iinal pa)nlent shall he mach: In the Ctrs 'WI 1 AN 1 ~Melt \\Ilell a(I(IQd to an) payments pre\ Iou -I) made shall
total the sank: percentage of the 1 limp '[till Amount as the work completed at the time of termination is to the
total 1\orl, requited lit the I'1 O.I I-C I . In addition. the( t)1✓St I PANT shall he paid Ibr an) million/et] e'tra
completed.
Cost Plus Fixed Fee Contracts
!\ linal pavutenl shall he made to the CONSULT :1N 1 which when athicd to an pa) mums prt:\ iuusly male- shall
total the actual C:Isis pin :. the same percentage oldie Fixed lee as the \ \ Lit t completed at the time ol -termination is
to the total tvtn'k required for Ilse Project. In addition. the CONY.' I I AN I shall be paid for an\ authorized e\tra
\vork eotttplLtcil.
Specific Rates of Pay Contracts
\ heal payment shall be made to the CONS t.11:1 \NT Icy actual hours charged Lit the time of termination °ltltis
r \(J1:1.ElvIEI\I f plus art) direct nunsalary costs incurred at the time Lil le:initiation oI -Iltis ACIRF.[\°II NT.
Cost Per Unit of Work Contracts
1 lin.11 pa) meat shall he matte to the CONSU1...I-ANT for actual units or 'ork completed at the time ol
termination 01 thi, :1GItl IhIENT.
DOT Penn I?C -^P9 5F E,mhd I
Ilewsen 131(15
41
Exhibit K
Consultant Claim Procedures
The purpose (Willis exhibit is to describe a procedure regardiii claim(s) on a eon,uitatrt agreement. I he follow mg
procedures should only he ulili'red on consultant claims greater than Si..000 It the consultant's daunts) are .! total
01'141,000 1,000 or less. it would not he crest efl•ective to proceed through the outlined steps It is suggested that the
Director i:+l public \Yorks or . \„enev I_:r Huineer nee. u1urte a fair rind reasonable price lur the consultant's elaim((s)
thin total $ 1.11111) or less.
This exhibit will outline the procedures to he loIlowed by the consultant and the agenc■ to consider a potential
claim by the consultant.
00`1
Step I — Consultant Files a Claim ‘with the Agency Project Manager
lithe the consultant determines that they were requested to perform additional ,entices that \acre out sick oldie
agreement's scope of 1vr,irk. they may he enl itled In a claim. "1 he I ir,t ,tep heat rnii l he completed is the
iecpiest tioi consideration of the claim 10 the Agency's project manager.
I he Lonsultant•, claim most outline the following:
• Sunuat,ttilai ol'hours by classification for each firth thai is included tit the eldint
• \n\ Luriesponclence that directed the consultant to perlotin the additional wc�r1._
• I iiii nle of the additional work that was outside oldie project scope;
• 'minimal.. of direct Iah+'+r dollars. overhead costs. profit and reimbursable Lists associated w ith
the additional Nvorl:: and
• Explanation us to why the consnitintl believes the additional wort. was oul,tde oldie
agreement scope of work.
Step 2 — I:e\ icw by Agency Personnel Regarding the Cunsull ant' ' C laitn for \ddiliuttal C_oinpensation
Alter tare consultant has completed step I. the next step in the process is to forward the request to the
.\i enev's project manager. The project manager will review the consultant', claim and w ill stet wills
the Director of public 1Vur1:s or Agency Engineer to determine. if the Agency agree,' with the claim If
the 14I1VA is participating in the project's funding, forward a copy of the consultant•, chain and elk
Agency's recommendation for federal participation in the claim to the \VtDC)T I1ighways and Local
Programs Through the Itcgion Local Programs I n ,ineer tithe claim is not eligible Tor lttIeriiI
participation. payment will treed to be anent agency funds.
If the Ageiicy projel.t manage'. 17irectoi uI' Public \ \'orks or Agency engineer. 1VS1)0'I' and
Local
Programs (11 appliLahlc)..nn1 I 11 \ (il appIieible)'agree with the consultant's claim. send a
request memo. including backup documentation to the consultant to either supplement the agreement.
or crease a new agreement to, the Main'. Alter the request has been approved, the Agency shall write
the supplement . iid'ui new .Agreement and pay the ccntsitllatu the amount of the claim. Inform the
consultant that th. Iiva1 pa \ntent for the agreement is subject to audit. No I itther action in needed
regarding the claim piocLdures
Pone 140-089 EP Exnioit Y,
l:ciseu G!D5
42
I1the Agency dine, not agree with the consultant',, claim. proceed to step 3 of the procedures
Slop 3 — Preparation of Support I)octimentallon Ite;!arding (crosullant's Claim(s)
Ifthe Agency doe, rant agree with the ermstiltanl's claint, the project manager shall prepare a ummar'
litr the Dircclnt of Puhlic \\'arks nr ; \gene■ I. iuirtecr that included the li?Ilo.ring:
Copy or in formation ,pplied h) the con,ultaut regarilinu t e claint.
\g:ncy's ,nnun iI ion of hours h) el:Kstlicattc}n Co' each limn that should he included in the
claint:
• Ally eorrc,polklence that directed the consultant In perli1rnt the atlditiortal tuck:
• A.encv's,ununary of direct labor clollar,. to ahead costs, profit and reimbursable costs
associated +•ills the additional •.orL
•
1 \plAnnattion regarding those areas in which the Agency dues /does ncll agree with the
,_nn,ultinit's claint(;;):
• 1.splanatio±n to describe what has been instituted to preclude future consultant claim(s): and
• Recommendations to resolve, the claim.
>tcp -1 I)nrecicr of Public Works or Agency FIngine r IRevicnvs ('onstIIt:Int Claim and Agency
thicuntenlauion
110.: I)ireeicsr tsl' Pubic \\•'orks or ; \Ueney I n. ineer shall review, and administratively approve or
di,appluv'e the claim, or portions Ili reof. which may include gelling Agency Council or
on nni,sitn approval (as appropriate w agency dispute resolution procedures). lithe project
in‘ ol.QS Icderal participation. obtain concurrence from \\'SI)OT I ligh ays and Local Programs
and 1 I I \ \',\ regarding linal settlement ul'the claint. if the claim is not eligible for lcdecal
par tic Pillion. payment twid need 10 he (*roil' agency funds.
(step 5 - Inliu uing Consultant of Decision Regarding the Claim
I he Uuector of Public \Yorks or Agency Engineer shall notify in writing) the consilllant of their final
ticel -.aura regarding the consultant's claitn(sJ. Include the final dollar amount of the accepted claint
(,) and rationale utilized for the decision.
Step h I'telxtration of Supplement or New Agreement for the C'onsultant's Claint(s)
I he agency shall write the. supplement and /tar new agreement and prey the consultant the amount of the
claim. Inform the consultant that the final payment. for the agreement is subject to auclit,
43
I heft h) ecrtiI\ that I.nnt
repro ;entati\ c of the firm of
firm I her represent has:
Exhibit M -1(a)
Certification Of Consultant
lauolts 1 it ■2rncurrnt, t don') Inc
Project No.
I.c)c ;lI Agency
and dill\ authnrind
whose address is
and that neither I to the aho%c
(a) Lntploycd or retained for a conunistiion, percentage. 1)1.01:m l . contingent ler, of other
consideration. any firm or person (other than a bona lide emphwee worl.intt solely for me or the
ahr\c CONSULTANT) to solicitor secure the A(JRL :N-II:NT;
lb) Atztee 1. as an express or inrhlied condition for obtaining this contract, to employ or retain the
tics lLe; OF ;111' 'I irm for person in connection with cam ing out this AGRI21 [\1I.,N"I': or
(e I laid. or agreed to pay. to any firm. organization orr person (outer than a bona tick - employee
win king so?lety liar me or the above CONSUL I AN 1 1 an Ice. contribution. donation. or
o:un,idet alion of uny kind fcir. or in connection w ith. procnriu_ (,r carrying out this ACilf :I ;'TENT:
c..Lcrt as hereh ) expressly staled (Ilan) ).
I acknowledge That this certificate is to be uk,tilable to the \N'asltington State Department of
Transportation and the Federal Highway Administration. U.S, 1)epartmenl °I-Transportation in
connection ‘\ith this AGIF.17,MENT involving participation oil cderal -ail highway funds. and is
subject to a1plicahlc Siaie and Peck..rid law's. hoili criminal 1111(1 L I\ tl.
Signa lute
001 Fenn 140.089 EF ExhiI I PA•1ta)
1'.ev;:,ad 13105
44
Exhibit M -1(b)
Certification Of Agency Official
1 licrc•h■ certik that I and the '1(,1 1' ('); OIlieia1 of the Local A!ucncy cal' City of 1 tikv.ila
11 ashington. and that I.hc consulting firm or its representatiVc has not been required, directly or indirectly as an
r; :press or implied con dition in cr,nnccti; n \>.ith obtaining or carrying out this :1C Rf;FlivIEI" I'to:
I;lj I:.inpIoy Or retain. or ;True to cut-1111(1y Io retain, aril firm or portion; or
I_h1 1'a`. or a;;ro: to pa∎ . to x11■ firm. person. or orgnni ation. air■ fee. contribution, di)iiation, or
con,.idcration 0l'aii kintl:.xcept as hcreh) c \pres,ly stated (11.any):
I t'ieknot• lodge dot this ccilific,1le k to he ,nailable to the Washington Sufic Department of
I gulf p"i l,ilicr anal the Federal 1 lishv.ay Administration. U.S. Department of 'I'rant•I..0rlatinn.. in
connection ‘..1111 this .1GItI:FP11 :- N I' involving_ participation ol'Federal -aid highway ay lands. and is
,object to applicable Stine and Federal laws. both criminal and cis il.
. Signature
00-t- I'Olnl 14C.t18S Cr t xr,inii rn -101)
Revised 6g:5
45
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters- Primary Covered Transactions
The prclsl)eclivc prinrar} parlicipant certifies to the hest of its I \no\N and belies' that it and its
principals:
Are not prescnll■ di:harrrd, suspended. proposed for debarment declared ineligible. or
voluntarily excluded from co\ tired transactions by any federal deportment or a_,eney:
13. 1 lave not V. ithIna three -)ear period preceding this proposal hcen convicted of or had a ci\ it
judgment rendered .igainst them for commission or fraud or a criminal offense in connection a ittr
obtaining. attempting t , obtain. or perl riling a public (fedct<tl. stale, or local) tiai ' t 011 or
contract under a public transactioir: violation of federal or state ant al' ust stnlur ur conuntaiun Of
unrllce /lenient Melt briheiv. falsification or destruction ufrecords. ntakinL' I;rltic
,t 'lenient,. or receiving si@Icn property:
D.
Are not presentl\ indicted for or otherwise or civilly charged by a governmental
emit) I Icderal. stale, or local) «•ills commission of any oldie tit-lenses cnuurerated in paragraph f l I
1 131 of this ecrlilicat ion: and
I It \e not within a three (?) dear period preceding this applicationrproposal had one or more
Ixrtllit. transactions (federal. state, ur Iocul) terminated for cause or del hilt.
11 \\]here the participant' is itoriblc to certify to anv of the state:nu:nls in this
calibration. Such In•clsi)ectiye participant shall attach an explanation to this (proposal.
Consultant (1'401 1. Jacobs 1.:ugirie riI1 , Group Inc
(Gate} {Signature] President or Authorized Official of Consu•tanl
DOT Form 14D•DI3d E3 E tiihit
Resrsed G':15
46
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
1 he piosptcti‘ c participant certifies, by signing and submitting this bid or proposal. t•_1 the hest of hip of her
know lk.dge and behcl. that;
I No federal appropriated funds have been paid or will be paid. b) or on behalf of the uncle)si!ncd. to
an person for influencing or attempt iug to influence an officer or cnlplo)cc of an) federal
agency. a Inelnbcr ol'C'rutnress, an olliccr or cnlplo)ec of'Cong,re'.. or an cmplo\ ce ni a member
of Congress in connection ■viih the awarding 0Fan) Federal contract, the malow!. of an, l-cdei al
grant. the slaking of any Federal loan, the entering into ofatty cooperat11e agreement. and the
c \telliloii. continuation. renewal. amendment, or Iltoddleation of any 1 cdctal contract. grand. loan.
ul cooperative agreement..
7. II any funds otli. r than Federal appropriated funds have been paid or will he paid to any person lot
inllucucine or attempting to influence a1i officer or emplo)te of an) I-:tleral .lt_enly. a Inetnber of
Congress. all officer or employee 01 Congress. or rill e111pIo■Ce ul a Illelrlher of Congress in
connection w ith this Federal contract. _rant. lone, or cooperative agreement. the undersigned shall
<<tI) lLte and submit Standard Foim- Ll..L. "I)isclosure Form to Report I uhhti irtg." in afcordancc
itll It' ins'ructi011s.
1 Iir certi neat ion is a material representation of Tact upon \v'Ilicll reliance was placed +,ti lien this
transaction was made orentcrecl into. Submission or this Lertilicatiorr k prerequisite for making
ul eulerimt 11110 IIIiS trallszielio 1 1111p1)Sed by Section 1352. Title 3 I. U.S Code Any person who
1.111, to file the required certification shall be suhject to a ei■ 11 penalty 01 not Icss than $10,000 and
not more than S 11111.001) for each such failure.
I'he prospceti‘c participant also agrees by'submitting his or her hid or proposal that he or she shall
require that the language of this certification he included in all Tower tier subcontracts which
exceed $10(1.000 and that all such subrccipicnts shall certify rind disclose accordingly.
i ,,nsuhant
(F11-1111: Group Inc.
(Dale) (Siunaturtl'( Prt2s7denl or Authorized Official ui Consultant
DOT Foss ta0•0 c.) EF E ?1'ibd M.3
r.,v sdi r;,oe•
47
Exhibit M -4
Certificate of Current Cost or Pricing Data
This is to ccrtil■ that. to the best of any knowledge and belief, the cost or pricing data (as defined in
section 15 •1f11 oI'the Federal Acquisition Re a,tilntion (I AIO rind required under FAR sub ection 15.103 -=I1
submitted. either actually or by specific idenlilication in Wriling. to the contracting officer or to the
c0ntr,tctinuofficer's representative in support ctI n
arc accurate. complete. and current as of ***This certification includes
tlic cost 01 pi Icing data supporting any advance agreements and forward pricing rate agreements between
alto• oflcrei and the C,t)∎erliment that are part of the proposal.
I inn Jacobs I.ilgineeFing Group II
N.unc Jacobs Engineering Group Inc_
Title
Dale ell I \ccutR)n * "'
* Idcnlil'■ the proposal. quotation. 1elltlest Fur price adjustment. 01 (Awl submission ink lib ecl.
�ivitl the apprapri:tte itlentil■ In number (e.g._ RF'I' Jo.).
Insert the da). month. and \eau when price.. nco0tiations were concluded and price agreement
was reached.
• Insert the tl.n. month. and `cal' ol sign Mr. which should be as close as practicable to the date
\\ hen the Nice ne ±'&)thin n, a ere concluded and the contract prict` 11a' agreed to.
DOT Fern- 140.099 CF E:•:n■bit M -4
Revised t;f.)S
48