HomeMy WebLinkAboutTrans 2013-09-24 Item 2C - Agreement - Manufacturing/Industrial Center Smart Street Non-Motorized Project with David Evans & AssociatesTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Dave Sorensen, Project Manager
DATE: September 20, 2013
SUBJECT: Tukwila Manufacturing /Industrial Center Smart Street Non - Motorized Project
Project No. 91310406
Consultant Selection and Agreement
ISSUE
Approve a consultant agreement with David Evans & Associates, Inc. (DEA, Inc.) to provide design
engineering services for the Tukwila Manufacturing /Industrial Center (MIC) Smart Street Non -
Motorized project.
BACKGROUND
This project will design and construct bicycle facilities, a shared use path, and shared bicycle /vehicle
lanes along portions of East Marginal Way South, South Boeing Access Road, and Airport Way
South. The project corridor extends from SR 599 on the south end of the Tukwila city limits to the
north end at Airport Way South.
ANALYSIS
Five engineering firms were evaluated to provide design services for the City's Tukwila MIC Smart
Street Non - Motorized project (see attached scoring and selection matrix). Each consulting firm
provides services with expertise in multiple engineering disciplines. All of the firms are well qualified;
however, DEA, Inc. provides a unique knowledge and understanding of the City's program that
provides efficiency and benefits which cannot be matched at this time by the other firms evaluated.
DEA, Inc. has prepared preliminary plans for several other recent City projects and has performed
very well.
BUDGET SUMMARY
Funding for design of the MIC Smart Street project is provided by Federal CMAQ grant funds of
$104,838.00. The City has also applied to PSRC for $500,000 in Transportation Alternatives Program
(TAP) grant funding for construction.
DEA, Inc. Design
Contract Design Budget
$ 104,886.00 $ 122,000.00
RECOMMENDATION
Council is asked to approve the consultant agreement with David Evans Associates, Inc. to provide
design engineering services for the Tukwila Manufacturing /Industrial Center Smart Street Non -
Motorized Project and consider this item on the Consent Agenda at the October 7, 2013 Regular
Meeting.
Attachments: Location Map
Scoring and Selection Matrix
Proposed 2014 CIP, page 26
Consultant Agreement
W: \PW Eng \ PROJECTS \A- RW & RS Projects \Tukwila MIC Smart Street Non - Motorized Project (91310406) \Consultant Selection \For TC Approval \Info Memo Consult Select.docx
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Location
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TUKWILA MIC CENTER SMART
TREET NON-MOTORIZED PROJECT
June 17, 2013
Vicinity
Map
102
Tukwila MIC Smart Street Non - Motorized Project (91310406)
Consultant Selection Matrix (Internal Selection, No Interviews)
DEA Associates
u_
u_
0.
Jacobs
Engineering
Pace Engineers
CH2M Hill, Inc.
Bikeway & Walkway Design
1
2
1
1
1
Current Knowledge of Tukwila Standards and Procedures
1
2
1
2
2
Environmental Experience
1
1
1
1
1
Experience with similar federal aid projects?
1
2
1
2
1
Expertise Using Federal Funds
1
2
2
1
1
Pavement Design / Rehabilitation Repair Expertise
2
1
2
1
1
Planning and Design
1
1
1
1
1
Small Scale Projects
1
2
3
2
3
Storm water Drainage & Detention Design
1
2
1
2
1
Survey Crew In -House
1
1
4
4
1
TOTALS
11
16
17
17
13
For each category, highest score is 1 (with the lowest or worst score at 5)
Consultant with the lowest score is ranked the best.
Staff: Dave Sorensen
Selection Date: 9/12/13
Selected Consultant: David Evans Associates
Selection Justification: This firm has demonstrated small project experience, in house
survey, and they are very current on Tukwila standards and procedures. Based on
overall score DEA prevailed.
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Tukwila MIC Smart Street Non - Motorized Project Project No. 91310406
DESCRIPTION: Design and construct bicycle lanes /facilities on the corridor of East Marginal Way S (Tuk Intl Blvd
to Boeing Access Rd) and Airport Way (BAR to NCL). Manufacturing /Industrial Center (MIC).
JUSTIFICATION: Non - motorized improvements are desired throughout the City to reduce traffic congestion and offer
alternative modes of travel.
STATUS: New project for the 2014 - 2019 CIP.
MAINT. IMPACT: Minimal impact, additional pavement markings and minor asphalt widening to maintain.
COMMENT: A federal grant, for design only, has been awarded for $104,838.00 in CMAQ funds.
FINANCIAL Through Estimated
(in $000's)
2012 2013 2014
2015
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
Design
58
64
122
Land (R/W)
0
Const. Mgmt.
58
58
Construction
500
500
TOTAL EXPENSES
0
58
64
0
0
0
0
0
558
680
FUND SOURCES
Awarded Grant
50
55
105
Proposed Grant
482
482
Mitigation Actual
0
Impact Fees
0
City Oper. Revenue
0
8
9
0
0
0
0
0
76
93
TOTAL SOURCES
0
58
64
0
0
0
0
0
558
680
2014 - 2019 Capital Improvement Program
26
104
Local Agency
Consultant/Address /Telephone
David Evans and Associates, Inc.
Standard Consultant
415 - 118th Avenue SE
Agreement
Bellevue, WA 98005
(425) 519 -6500
0 Architectural /Engineering Agreement
❑ Personal Services Agreement
Agreement Number
Project Title And Work Description
Federal Aid Number
Tukwila Manufacturing Industrial Center "Street
Smart" Non - Motorized Project: Work elements
Agreement Type (Choose one)
include survey and base mapping, alternatives
evaluation, design of bike facilities and drainage,
❑ Lump Sum
critical areas and permit support, and preliminary
Lump Sum Amount $
and final submittals of PS &E contract documents.
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
%
Overhead Cost Method
DBE Participation
❑ Actual Cost
❑ Yes ►5 No %
Federal ID Number or Social Security Number
❑ Actual Cost Not To Exceed
%
93- 066 -1195
❑ Fixed Overhead Rate
%
Do you require a 1099 for IRS?
Completion Date
Fixed Fee $
❑ Yes ►1 No
December 31, 2014
Total Amount Authorized $
104,886.00
F2 Specific Rates Of Pay
►Z� Negotiated Hourly Rate
Management Reserve Fund $
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
Maximum Amount Payable $
104,886.00
Index of Exhibits (Check all that apply):
/1
Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
Exhibit C Electronic Exchange of Data
❑ Exhibit D -1 Payment - Lump Sum
❑ Exhibit D -2 Payment - Cost Plus
® Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D -4 Payment - Provisional
❑ Exhibit E -1 Fee - Lump/Fixed/Unit
® Exhibit E -2 Fee - Specific Rates
Exhibit F Overhead Cost
❑ Exhibit G Subcontracted Work
❑ Exhibit G -1 Subconsultant Fee
❑ Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
Exhibit H Title VI Assurances
Exhibit I Payment Upon Termination of Agreement
Exhibit J Alleged Consultant Design Error Procedures
Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
Exhibit M -la Consultant Certification
Exhibit M-lb Agency Official Certification
® Exhibit M -2 Certification - Primary
Exhibit M -3 Lobbying Certification
Exhibit M -4 Pricing Data Certification
App. 31.910 Supplemental Signature Page
►1
THIS AGREEMENT, made and entered into this day of September , 2013 ,
between the Local Agency of City of Tukwila , Washington, hereinafter called the "AGENCY" ,
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
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WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager.
VI Sub - Contracting
The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum
amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
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third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
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The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By By
Consultant David Evans and Associates, Inc. Agency City of Tukwila
DOT Form 140 -089 EF
Revised 3/2008
Page 8 of 8
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EXHIBIT A -1
SCOPE OF WORK
CITY OF TUKWILA
Tukwila Manufacturing Industrial Center
"Street Smart" Non - Motorized Project
Prepared by:
David Evans and Associates, Inc.
415 118th Avenue SE
Bellevue, WA 98005
September 17, 2013
113
TABLE OF CONTENTS
SECTION 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1
1.01 Project Description 1
1.02 Design Criteria 1
1.03 Project Deliverables Furnished by the CONSULTANT 1
1.04 Responsibilities and Services Provided by the CLIENT 1
1.05 Project Assumptions 2
SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2
2.01 Project Management 2
2.02 SUBCONSULTANT Coordination 2
2.03 Monthly Invoices /Progress Reports 2
2.04 Project Kick -off Meeting and Progress Meetings 2
2.05 Quality Assurance /Quality Control Review 3
2.06 Change Management 3
SECTION 3.00 SURVEY 3
3.01 Field Review 3
3.02 Base Map 3
3.03 Topographic Survey 4
SECTION 4.00 ENVIRONMENTAL DOCUMENTATION 4
4.01 NEPA 4
4.02 SEPA 5
SECTION 5.00 DESIGN 5
5.01 Project Site Visits (4 Total) 5
5.02 Design Alternatives 5
5.03 Storm Drainage 5
5.04 Preliminary and Final Design (60% and 95% Completion) 5
5.05 Prepare Ad Ready Documents 6
5.06 Assistance During Bid Period 6
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1.00
D ESCRU
DEL 11BLES
'ER1A,
The City of Tukwila (CLIENT) is requesting professional services from David Evans and Associates, Inc.
(CONSULTANT) for preparation of Plans, Specifications, and Estimate (PS &E) documents for the
construction of bike facilities on East Marginal Way S from SR 599 to Boeing Access Road and on Airport
Way from Boeing Access Road to the city limits. The proposed bike facility may include bike lanes,
shared use path, and sharrow lanes. This project includes alternatives evaluation and PS &E
development.
The major features of the project include:
• Survey and base mapping.
• Alternatives evaluation.
• Design of bike facilities and drainage.
• Critical areas and permit support.
• Preliminary and final submittals of contract documents.
The design and PS &E will be based on the requirements of the City of Tukwila Infrastructure Design and
Construction Standards. Project specifications shall be based on the 2014 WSDOT Standard
Specifications and the City of Tukwila's General Special Provisions.
ri
The CONSULTANT shall maintain a project file for pertinent work items. The CLIENT review sets will be
returned with each subsequent revision, illustrating that each review comment has been addressed as
stated or how /why it was not addressed. The CONSULTANT shall deliver the following documents and
products to the CLIENT as part of this agreement:
• 3 copies each of the draft and final ECS form
• 3 copies each of the draft and final SEPA checklist
• 1 hard and electronic copy of Design Alternatives (roll plot)
• 6 copies of the 60% PS &E (11 "x17" at 1 " =40' scale) for review by the CLIENT
• 6 copies of 95% PS &E (11 "x17" at 1 " =40' scale) for review by the CLIENT
• 1 electronic copy of the PS &E bid set
• 1 unbound copy of the final set of specifications
• 1 copy of the stamped and signed final plan set
• Provide electronic bid documents to Builders Exchange
• Prepare required addenda to contract documents
The CLIENT will:
• Provide all available existing as -built plans, right -of -way (ROW) plans, horizontal and vertical
monument information, G.I.S. maps, and other mapping information as available to the
CONSULTANT.
• Provide all City standard specifications and City bid forms in Microsoft Word format.
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•
•
•
•
•
Review all submittals made to the CLIENT within 15 working days, or as agreed, and return them
to the CONSULTANT with consolidated written comments regarding changes or revisions
needed
Provide an electronic copy of the aerial photograph to reference into CAD drawings.
All drawings will be prepared in AutoCAD 2012 format, utilizing the CONSULTANT's CADD
standards, and drawn at one inch equals forty feet for 11" x 17" plans. Only 11 "x17" plans will
be developed for this Scope of Work.
Specifications will follow WSDOT /APWA Standard Specifications 2014 and the City of Tukwila's
General Special Provisions.
The project duration is assumed to be six (6) months.
ION 2,00 PR, ' i£f MAN E EN
Direction of the CONSULTANT staff and review of their work over the course of the project shall be
provided. This work element includes preparing monthly progress reports that include the status of
individual work elements, number of meetings attended, outstanding information required, and work
items planned for the following month.
Monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. These actions
may include formal requests for increases, modifications, or reductions in scope and /or budget.
The CONSULTANT will use an earned value spreadsheet to monitor and track project expenditures by
task. The earned value spreadsheet shall be submitted with each invoice and progress report.
Drawings and documents received and generated over the course of the project require review,
coordination, and file management. The status of requested information will also be maintained.
Direction of the SUBCONSULTANT and review of their work over the course of the project shall be
provided by the CONSULTANT. Monthly monitoring of the SUBCONSULTANT's design budget will occur
over the course of the project. Current status, as well as projections, will be developed. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. These actions
could include formal requests for increases, modifications, or reductions in scope and /or budget.
Monthly invoices will be prepared by the CONSULTANT per CLIENT requirements for work activities for
the prior month. These invoices shall also include SUBCONSULTANT work and will be accompanied by
monthly progress reports. Invoices will include back -up material for all expenses and will show approved
budget and amount expended to date.
Deliverables: Monthly Invoices and Progress Reports (6 total).
After receiving notice to proceed from the CLIENT, the CONSULTANT will conduct a project team kick -off
meeting with staff expected to be involved in the project and key CLIENT staff. The meeting will be used
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to discuss key elements of the Scope of Work, the project schedule, document control, and QA /QC
procedures; and to clearly define the roles and responsibilities of the project team members.
This work element provides for the preparation, attendance, follow -up, and documentation of meetings
during the length of the project. These meetings will be the forums for agencies to provide input and
guidance for the direction of the project. They will also be used to discuss project issues, approve
submittals, and develop potential solutions.
The CONSULTANT shall prepare for, attend, and document up to six (6) meetings with CLIENT staff.
Meetings will be required for coordination with the CLIENT and other affected agencies. The
CONSULTANT will attend one meeting every month with the CLIENT's project manager for the duration
of the project. The meetings will be held in a location acceptable to the CLIENT and the CONSULTANT.
Deliverables: Meeting Minutes (7 total).
This work element is for the QA /QC review of CONSULTANT deliverables by a designated QA /QC staff
member of the CONSULTANT team. The review will cover documents, reports, PS &Es, and pertinent
information on an on -going basis. The program entails the periodic review of study criteria, design, and
assumptions, as well as concepts and presentation of product format, and assures that the overall
project objectives are being fulfilled.
Project Managers from the CLIENT and the CONSULTANT are responsible for managing changes to the
scope and schedule. The CLIENT is responsible for the authorization of any changes to the scope,
budget, and /or schedule. Team members must ensure that work within their areas remains within the
defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could
cause a change in scope, personnel, cost, or schedule, team members must communicate potential
changes to the Project Manager as early as possible. Project Managers will determine whether the
potential change issue will lead to a change in scope, cost, or schedule.
The CONSULTANT shall obtain written authorization from the CLIENT before implementing any change
to this Scope of Work, schedule, or budget. All changes shall be documented using the Project Change
Form.
SECTION 3M0 SURVEY
The CLIENT will provide the CONSULTANT with all existing survey data for the project. It is assumed
vertical information will not be required since any widening will match the existing roadway cross slope.
FieN
The CONSULTANT and project team will conduct a field review at the outset of the project to identify
key field conditions that may impact the design including the location and /or presence of driveways and
roadways, trees, mail boxes, on- street parking, ADA compliance, utilities (underground and overhead),
potential intersection site distance and clear zone issues, and drainage issues.
The CONSULTANT will use the CLIENT - provided as -built as the base map for the design of this project.
The CONSULTANT will overlay the as -built data on an aerial photograph provided by the CLIENT.
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'rep
Topographic survey is not included in this Scope of Work. Once the design alternatives have been
developed and field topographic survey is needed, the topographic survey will be negotiated as a
supplement.
SECTION 4.00 ENVIRONMENTAL DOCUMENTArnorq
The CONSULTANT shall work with the CITY to execute a Categorical Exemption (CE) for the project to
comply with the National Environmental PoIicy Act (NEPA). Details regarding the level of environmental
documentation required for the project to be in compliance with NEPA and the State Environmental
PoIicy Act (SEPA) are provided below.
The CONSULTANT shall conduct a site visit and prepare an Environmental Classification Summary (ECS)
in pursuit of a NEPA CE. The ECS will require compliance with Section 106 of the National Historic
Preservation Ac (NHPA) and Section 7 of the Endangered Species Ac (ESA). Prior to the preparation of
any NEPA-related documentation, the CONSULTANT shall contact the WSDOT Highways and Local
Programs (H&LP) office to confirm the proposed approach and submittal requirements.
Section 7 ESA Compliance
Due to the location of the project site within an urban built environment, it is anticipated that ESA
compliance will not require consultation with NOAA and USFWS, and that Section 7 concurrence will be
granted by WSDOT H&LP. Part 5 of the ECS shall be prepared by the CONSULTANT in support of a No
Effect Determination.
Section 106 Cultural Resources Compliance
Section 106 compliance typically requires an archaeological / historic analysis of the site and adjacent
land, and consultation with local tribes. However, due to the location of the project site in an urban
built environment, it is anticipated that the project will qualify for a programmatic exemption from the
Section 106 compliance process as listed in H&LP's ECS Guidebook (March 8, 2013), Appendix C,
Exemption A'22 (Installation of bicycle and pedestrian lanes, paths, and related facilities within the
demonstrated vertical and horizontal Iimits of previous construction or disturbance). The CONSULTANT
shall request that H&LP seek a determination for the level of documentation required and contact the
Washington State Department of Archaeology and Historic Preservation Office (DAHP) to confirm that
the project site is not located within one-quarter mile of a known or recorded archaeological site.
Documentation of the exemption shall be recorded in the ECS. In areas where ground disturbance will
occur, it is assumed that as-built plans can be provided by the CLIENT as supporting documentation for
the exemption.
Should consultation with DAHP yield that the project does not meet the Section 106 exemption criteria,
preparation of an Area of Potential Effects (APE) map and Cultural Resources Survey Report can be
performed by the CONSULTANT and SUBCONSULTANT as an extra service.
Environmental Classification Summary (ECS)
The CONSULTANT shall prepare responses for each question identified in the 15-question ECS form,
consistent with Chapter 24 of the LAG. Supporting data and information will be utilized from existing
aerial photographs, site photographs, King County and City of Tukwila GIS data, and the City of Tukwila
Comprehensive Plan. It is assumed that the project will meet the conditions of a Programmatic CE as
outlined in the Memorandum of Understanding between WSDOT and the Federal Highway
Administration (FHWA), and that FHWA signature on the ECS will not be required.
omartm*wil"' Street Smart 13-09 zdo=
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118
Deliverables: Draft ECS form and attachments for CLIENT review.
Draft ECS form and attachments for H &LP review.
Final ECS form and attachments for signature by the CLIENT and H &LP.
Assumptions:
• The project will meet the conditions of a Programmatic CE.
• Section 7 concurrence will be granted by WSDOT H &LP and preparation of a Biological
Assessment and formal consultation will not be required.
• The project will meet the requirements of a Section 106 exemption, and preparation of an APE
and cultural resources survey will not be required.
Following H &LP approval of the CE, the CONSULTANT shall review the preliminary design and determine
whether the project may qualify for an exemption from SEPA per WAC 197 -11 -800. For purposes of
scoping, it is assumed that the project will not be exempt, and the CONSULTANT shall prepare a SEPA
checklist in pursuit of a Determination of Non - Significance (DNS). The checklist will include a discussion
of potential impacts to all 16 elements identified in the City's SEPA Checklist. The SEPA Checklist will also
be accompanied by a completed ESA Screening Checklist.
Deliverables: Draft SEPA Checklist and ESA Screening Checklist for CLIENT review.
Final SEPA Checklist and ESA Screening Checklist for CLIENT review.
Assumptions:
• The CLIENT will provide all required public notice materials.
The CONSULTANT shall conduct up to four (4) site visits during the project to resolve design issues.
CLIENT staff shall be present at the site visits, if requested.
The CONSULTANT shall develop up to two design alternatives for bicycle facilities. The CONSULTANT will
determine the appropriate locations for bike lanes, shared use paths, and sharrows. The alternatives will
be shown on a roll plot with an aerial photograph background.
Deliverables: Roll Plot of Design Alternatives (hard copy and electronic pdf file).
The total amount of new impervious area is assumed to be less than 5,000 square feet; therefore no
stormwater detention or water quality treatment will be required. If stormwater detention or water
quality is required, it will be considered as extra services.
Deliverables: None.
The CONSULTANT shall bring the design to a 100% completion level with an intermediate milestone at
the 60% and 95% completions, and shall participate in a review coordination meeting to respond to
CLIENT staff questions and comments at each of the two stages. Review comments will be responded to
and incorporated as directed by the CLIENT Project Manager. The preliminary and final design will
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119
include the following elements, at a minimum, prepared by the CONSULTANT for both the 60% and 95%
submittals:
• Cover sheet including a vicinity map.
• Legend and abbreviations.
• Roadway sections (typical and special).
• Roadway /Channelization /Signing plans.
• Roadway details.
• Temporary erosion control plans (TESC).
• Contract documents and specifications (specials only).
• Cost estimate.
Deliverables: Six (6) hard copies of the 60% and 95% PS &Es (11 "x17 ").
The CONSULTANT shall prepare the following in accordance with the CLIENT's review comments from
the 95% final design and coordination meeting, and in accordance with regulatory agency permit
conditions:
• Modifications and /or revisions in response to CLIENT review comments from the 95% design
and coordination meeting.
• Final design of project elements.
• Special provisions and listing of CLIENT standard specifications, with fill -ins, to be incorporated
in the construction contract documents.
• Preparation of a final (100% completion) list of bid items, quantities, and a construction cost
estimate for a set of signed and reproducible construction contract documents.
The CONSULTANT will assemble all plan sheets, general and special provisions, cost estimates, and
associated documentation for submittal as an Ad Ready PS &E package.
Deliverables: Electronic submittal of Ad Ready PS &E to Builders Exchange.
One (1) unbound set of contract specifications.
One (1) set of signed and stamped 11 "x17" plan sheets.
The CONSULTANT shall provide assistance during the bid and award of the construction contract. The
following tasks will be provided by the CONSULTANT on an as- needed basis:
• If requested, the CONSULTANT shall attend a pre- construction meeting with the construction
contractor to assist the CLIENT in responding to questions and inquires.
• If requested, the CONSULTANT shall assist the CLIENT during the bid period to answer any
questions that arise concerning the PS &E documents, and will assist the CLIENT in preparing any
addenda required.
Deliverables: Attend and participate in the pre- construction meeting.
Prepare response to bidder questions and bid document addenda.
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Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency. The format and standards to
be provided may include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
B. Roadway Design Files
C. Computer Aided Drafting Files
D. Specify the Agency's Right to Review Product with the Consultant
E. Specify the Electronic Deliverables to Be Provided to the Agency
F. Specify What Agency Furnished Services and Information Is to Be Provided
II. Any Other Electronic Files to Be Provided
III. Methods to Electronically Exchange Data
A. Agency Software Suite
B. Electronic Messaging System
C. File Transfers Format
DOT Form 140 -089 EF Exhibit C
Revised 6/05
121
Exhibit D -3
Payment (Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made
part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month
period and shall be subject to negotiation for the following twelve (12) month period upon request
of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or
subsequent twelve (12) month periods within ninety (90) days after completion of the previous
period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the
AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead,
and fee. The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
2. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel,
printing, long distance telephone, supplies, computer charges and sub - consultant costs.
a.
Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205 -46 "Travel Costs."
b. The billing for Direct Non - Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT.
c.
The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to
provide the Agreement Administrator with the flexibility to authorize additional funds to the
AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional
work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing
and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the
heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown
in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be made in accordance with
Section XIV, `Extra Work."
DOT Form 140 -089 EF Exhibit D -3
Revised 3/09
122
4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of
this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount
Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not
include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum
amount payable is guaranteed under this AGREEMENT.
5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs
authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for
hours expended at the rates established in Exhibit "E ", including names and classifications of all
employees, and billings for all direct non- salary expenses. To provide a means of verifying the
billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee
interviews. These interviews may consist of recording the names, titles, salary rates, and present
duties of those employees performing work on the PROJECT at the time of the interview.
6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit, all required adjustments will be made and reflected in a final
payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT
has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception: if any litigation, claim or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three (3) year period, the cost records and accounts
shall be retained until such litigation, claim, or audit involving the records is completed.
123
Exhibit E -2
CITY OF TUKWILA
TUKWILA MANUFACTURING INDUSTRIAL CENTER
"STREET SMART" NON - MOTORIZED PROJECT
Cost Estimate
er-d Associates,
Classification Hrs. x Rate = Cost
1 Project Manager (PMGR) 118 $ 18352 $ 21,655
2 QA/QC Manager (MGPE) 22 ? 183.52 $ 4,037
3 Professional Engineer (PFEN) 412 5 1 :P.4; $ 54,989
4 Sr. CADD Technician (SCAD) 107 107.69 $ 11,522
5 Environmental Planner (ENVP) 56 r 109.20 $ 6,115
6 Sr. Scientist (SSCI) 6 $ 121.64 $ 730
7 Administrative Assistant (ADMA) 49 84.94 $ 4,162
8 Project Administrator (PADM) 10 a 97.98 $ 980
Total Hrs. 780
Salary Cost
Direct Expenses
Reproduction Costs
Plans
Mail /Deliveries /Fed Ex
Mileage
Subtotal
DEA Subtotal
No. Unit Each Cost
20 sets @ $10 /set $ 200
$ :30 est. $ 240
450 miles @ $0.365 /mile $ 254
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125
Exhibit
CITY Olii
TUKIAtiLA ro A N U FACT U RI
"STREET SMART" NON-MOTORiZED
Hour Estimate
David Evans and Associates, Inc.
E 7
TUKWILA
NG INDUSTRIAL CENTER
PROJECT
Item No.
'No, k Item
,1•,.,E
.-
'
.,,
7
i
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,
7 1
La
-
65
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.
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.
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-
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Total
'69_ 5,
18 - ''
.6 5 -,
5
4
93
' ,' ' 8
28 - 0
36
45
35
- 12
- 40
"3
- 2 , - ,
2.00
Project Management and Quality Control
-
$10,025
2.01
Project Management (2 hrs/week for 6 months)
50
10
2.02
Monthly Invoices/Progress Reports (6 Total)
6
2
10
52 251
$902
2.03
Project Kick-off Meeting and Progress Meetings
3
2 1
2.04
2.05
Quality Control/Quality Assurance Review
1
2
2
5734
Change Management
4
iO(k,((Nri(1:,L7InZB(!181MT7-EBX1;PM51111(rMA.7',78F3(6i41*11iii(N4iiiliNJL]]Alqi,g1i15(1;:r51iB]5RKtBA7:]fgtVg(]12F]k(4DB.54Vl.B8W,W'1ir,
3.00
Survey
3.01
Field Review
4
4
3.02
Base Map
4
24
53 937
3.03
Topographic Survey
1 i...i.1i27 "3'(VAVI#ICWIiffe;--g-,igPtN.J.,-Ati.,XMe.-4W
4.00
Environmental Documentation
4.01
NEPA
1 I 1 3 32 4 4
4.02
SEPA
1 1 3 , 24 2 4
$3,971
,5,5a:54Z4'',',4an**.qiiii-9',4,i'W4iklil4h,4'.5:IN40-0,-j,g5;'5!)'',4At'g5(P4ggrAR4,;'TtN2,515,,Ij5:805
41,A,AA1',!-:4.041i-
5.00
Design
5.01
Project Site Visits (4 Total)
4
8
5.02
Design Alternatives
8
24 8
5;5 535
5.03
Storm Drainage
5.04
5,04 1
Preliminary and Final Design (60% and 95% Completion)
Pasliminary Desimi (60% Coinplekom
5 54 1
1
Covgr Sheet BI .4
1
2
3,3
5215
5 04 1
2
2
04 1
3
1
16 4
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126
CITY OF
T KWI A MANUFACTURING
"STREET BEET S A T" NON-MOTORIZED
Hour Estimate
David Evans and Associates, Inc.
thtc k 14.?n?
tF -2
TUKWILA
INDUSTRIAL CENTER
PROS
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hts
Total' Total
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Total Tatat rTofal
tars hrs . rsr
Total
Total
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'r 1
J52
Assistance During Bid Period
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2
2
$649
. s
E N;RO =S
$ei94
TOTAL CONTRACT AMOUNT
118 22 412 107 56 6 49 10
780
$104886'
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126
Oregon Department of Transportation
,�
��.Audit Services
Central Services Division —Mxoc.oss Capitol Street mommout,omo7nV1rolepuooc 503'986'3213
September |6`2O|3
The Board uf Directors and 3bxkhoNcm
David Evans and Associates, Inc (DEA)
KC: David Evans and Associates, Inc. Schedule of Indirect Cost Rate
Fiscal Year Ended November 3,20\2
We have performed x cognizant review of do documentatioii and the working papers of your
independent CPA firm, Grant Thornton (WI of their audit of the Schedule of Indirect Cost Rate
for David Evans and Associate's (DEA) Fiscal Year Ended November 3, 2012 in accordance with
our role as Cognizant Agency as defined in 23 U.S.C. 112(6)(2)(c) and 23 CFR 172] and 1717.
Off cognizant review was performed in accordance \vith the AASI-ITO Review Progiaiii for CPA
Audits of Consulting Engineers' Indirect Cost Rates.
\Vc were provided vhbu copy ofG1`a audit report dated May |0,2U]3' copies o[ their working
papers and additional documentation from DEA.
Rased on our ieview, we accepted the audited Schedule of Indirect Cost Rate and this letter of
concurrence establishes DEA's Schedule of Indirect Cost Rate for the fiscal year ended
November 3,20\2u1 176.11% o[ direct labor and uFacilities Capital Cost of Mouey factor of
0.446% of direct labor. In this fiscal year, D8/\ proposed a field rate of 53.02%. Our review
concluded this was a contract specific rate and was not [0 be used by any state depaitmciits of
transportation.
A copy of this letter will be forwarded to the appropriate ()DOT contracting offices. If you or any
representative of DEA has any questions, please contact me at (503) 986'3213 or Ruth Wu at
(503) 986-4003.
SM
Margaret Cole, CPA
Ixtemal Audit Manager
Oregon Department of Transportation
on:RooGxopur, Chief Financial Ofticer, David I3vans and Associates, Inc.
Tony Parke, Partner, Grant Thornton
127
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non- discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and /or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -089 EF Exhibit H
Revised 6/05
128
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
129
Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6/05
130
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential
design error(s). For federally funded projects, the Region Highways and Local Programs Engineer
should be informed and involved in these procedures. (Note: The Director of Public Works or Agency
Engineer may appoint an agency staff person other than the project manager, who has not been as
directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub- consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6/05
131
•
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Highways and Local Programs Engineer to H &LP for their review and consultation with
the FHWA. H &LP will meet with representatives of the agency and the consultant to review the
alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will
request assistance from the Attorney General's Office for legal interpretation. H &LP will also
identify how the alleged error(s) affects eligibility of project costs for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
132
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the
agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the
request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6/05
133
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
•
Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
•
•
Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim
(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit.
134
Exhibit M -1(a)
Certification Of Consultant
I hereby certify that I am Manuel Feliberti, P.E.
representative of the firm of David Evans and Associates, Inc.
415 - 118th Avenue SE, Bellevue, Washington 98005
firm I here represent has:
Project No.
Local Agency City of Tukwila
and duly authorized
whose address is
and that neither I nor the above
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
135
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
136
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
L The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): David Evans and Associates, Inc.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -2
Revised 6/05
137
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): David Evans and Associates, Inc.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
138
Exhibit M -4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
Tukwila Manufacturing Industrial Center "Street Smart' Non - Motorized Project ,E
contracting officers representative in support of
are accurate, complete, and current as of * *. This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm David Evans and Associates, Inc.
Name Manuel Feliberti, P.E.
Title Project Manager
Date of Execution * **
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
** Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
** * Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140 -089 EF Exhibit M -4
Revised 6/05
139
Supplemental Signature
Page for
Standard Consultant
Agreement
Consultant/Address /Telephone
David Evans and Associates, Inc.
415 - 118th Avenue SE
Bellevue, WA 98005
(425) 519 -6500
Agreement Number
Project Title And Work Description
Tukwila Manufacturing Industrial Center "Street Smart" Non -
Motorized Project: Work elements include survey and base
mapping, alternatives evaluation, design of bike facilities and
drainage, critical areas and permit support, and preliminary
and final submittals of PS &E contract documents.
Federal Aid Number
Local Agency
City of Tukwila
THIS AGREEMENT, made and entered into this day of September , 2013 ,
between the Local Agency of City of Tukwila , Washington, hereinafter called the
"AGENCY" , and the above organization hereinafter called the "CONSULTANT ".
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written.
CONSULTANT
By
Consultant David Evans and Associates, Inc.
LOCAL AGENCY
By
Agency City of Tukwila
By By
Consultant David Evans and Associates, Inc. Agency
By
Agency
By
Agency
DOT Form 140 -089 EF Appendix 31.910
Revised 6/05
140