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HomeMy WebLinkAboutCOW 2009-01-26 Item 3E - Agreement - Tukwila International Boulevard Phases II and III with Harris & Associates for $1,275,049CAS NUMBER 09-012 CATEGORY SPONSOR SPONSOR'S SUMMARY REVIEWED BY Discussion MTG. DATE 01/26/09 02/02/09 MTG. DATE 01/26/09 02/02/09 09l_01Z Meeting Date 01/26/09 02/02/09 AGENDA Irr;M TITLE Tukwila International Boulevard Phase II III Construction Management Services with Harris Associates Motion Resolution Ordinance Bu d Award Public Hearing 1 1 Other Mtg Date 01/26/09 Mtg Date 02/02/09 Mtg Date Mtg Date Council Mayor Adm Svcs DCD n Finance n Fire Legal P&R Police PW/ Requests for construction management proposals were advertised with seven proposals submitted and four firms interviewed. Harris and Associates rated the highest with the most qualified teamto deal with the complex construction issues of this project. The Harris contract will supplement in -house construction management capabilities for a fee of $1,275,049.00. Council is being asked to approve the contract with Harris Associates. COW Mtg. Utilities Cmte DA1'E: 01/20109 RECOMMENDATIONS: SPONSOR /ADM. Public Works COti IrII1 E Unanimous Approval; Forward to Committee of the Whole POSTIMPAGT:1 FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED EXPENDITURE REQUIRED $1,275,049.00 $2,115,000.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 16 17 2009 CIP) Comments: COUNCIL AGENDA SYNOPSIS EM INFORMATION 1 ORIGINAL AGENDA DA E: JANUARY 26, 2009 CA &P Cmte Arts Comm. Initials Mayor's review Couna44 review F &S Cmte n Parks Comm. ECORD OF ACTION ATTACHMENTS Informational Memorandum dated 01/14/09 (revised after TC) Consultant Selection Rating Sheet Consultant Contract with Scope of Work and Fee Minutes from the Transportation Committee meeting of 01/20/09 ITEMNO. Mtg Date Mtg Date Mtg Date Transportation Cmte Planning Comm. City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee ISSUE FROM: Public Works Director DATE: January 14, 2009 SUBJECT: Tukwila International Blvd. Phases II III (S 116th St to S 139th St) Project Nos. 95 -RWO3 95 -RWO4 Construction Management (CM) Services with Harris Associates Approve Consultant selection and authorize the execution of a contract with Harris Associates, to provide construction management services for TiB Phases II III Project. BACKGROUND While in -house City staff will provide lead construction management of the Tukwila International Blvd Phase II Ill project, additional specialized resources will be required to supplement in -house capabilities A Request for Proposals was advertised for consulting services and the City received seven (7) proposals that were rated by a selection panel. The top four (4) firms were interviewed (Harris, KBA, Jacob, and CH2M Hill). Harris was rated highest by the cumulative scores of the interview panel. It was demonstrated that they had the most qualified team to deal with the complex construction issues of this project. DISCUSSION The Harris contract will include a full time senior inspector, full time junior inspector /office engineer, compliance support, on call schedule analysis, and on call structural inspection. The fee of $1,275,049.00 is reasonable for the scope provided by Harris for this large project. Two additional CM items are included in the budget listed below, KPG Supplement No. 7 and the purchase of a CM trailer (each is a separate item for Council approval). The total revised construction management budget is 15% of the new construction contract, plus contingency ($14,100,505.58 x 15% for CM approx. $2,115,000.00). Harris CM Inspection KPG Sup #7 CM Testing (see separate CAS) CM Trailer (see separate CAS) City Staff CM, WSDOT Support Misc Expenses TIB Phase II CM Budget (CIP page 16) TIB Phase III CM Budget (CIP page 17) Construction Budget to Supplement CM Total Budget Amounts RECOMMENDATION The Council is being asked to approve the contract with Harris Associates to provide construction management services for Tukwila International Blvd Phase II Ill Project in the amount of $1,275,049.00 and consider this item at the January 26, 2009 Committee of the Whole meeting and subsequent February 2, 2009 Regular Meeting. Attachments: Consultant Selection Rating Sheet Consultant Contract including Scope of Work and Fee P!PROJECTS'A- RW RS Prcjects195RW03 TIBZdnfo Memo Harris CM 01-14-09 MERdoc CM Expenses Budget $1,275,049.00 0.00 385,000.00 0.00 30,000.00 0 00 424,951.00 0.00 0.00 $1,211,000.00 0.00 701,000.00 0.00 203.000.00 $2.115.000.00 $2.115.000.00 Jim Haggerton, Mayor TRANSPORTATION INTERNATIONAL BOULEVARD PHASES II AND III CM CONSULTANTS FINAL SELECTION Local Agency Standard Consultant Agreement Architectural/Engineering Agreement Personal Services Agreement Agreement Number 95 RWO3 (Harris 074 4038) Federal Aid Number Phase 2: STPF STPUL 0099(077) Phase 3: HLP- STPUL- 0099(103) Agreement Type (Choose one) Lump Sum Lump Sum Amount Cost Pius Fixed Fee Overhead Progress Payment Rate Overhead Cost Method Actual Cost Actual Cost Not To Exceed Fixed Overhead Rate Fixed Fee Specific Rates Of Pay I Negotiated Hourly Rate Provisional Hourly Rate Cost Per Unit of Work Index of Exhibits (Check all that apply): Exhibit A -1 Scope of Work El Exhibit A-2 Task Order Agreement Exhibit B -I DBE Utilization Certification. Exhibit C Electronic Exrhange of Data Exhibit D -1 Payment Lump Sam Exhibit D-2 Payment Cost Plus F,xhibit D -3 Payment Hourly Rate Exhibit D-4 Payment Provisional Exhibit E-1 Fee Lump/Fixedltanit 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 and the above organization hereinafter called the CONSULTANT'. DOT Form 140-089 EF Page '1 of 8 Revised 30U08 Consultant/Address/Telephone Harris Associates, inc. 1800 112th Avenue NE, #210W Bellevue, WA 98004 425.453.0999 phone 425.453.0707 fax 'Project Titre And Work Description Tukwila international Boulevard Phase 11 111 Improvements "Construction Administration Inspection Services" °lo DBE Participation Yes MN() Federal ID Number or Social Security Number 942385238 Do you require a 1099 for IRS? Completion Date El Yes No Dec. 31, 2010 Total Amount Authorized 1,275,049.00 Management Reserve Fund 0 Maximum Amount Payable 1,275,049.00 Exhibit 0-2 Fee -Sub Specific Rates Exhibit G-3 Sub Overhead Cost Exhibit H Title VI Assurances Exhibit I Payment Upon Termination of Agreement Exhibit 7 Alleged Consultant Design Error Procedures Exhibit K Consultant Claim Procedures Exhibit L Liability Insurance Increase Exhibit M -la Consultant Certification Exhibit M -Ib Agency Official Certification Exhibit M -2 Certification Primary Exhibit M -3 Lobbying Certification Exhibit M4 Pricing Data Certification App. 31310 Supplemental Signature Page day of 2009 Washington, hereinafter called the AGENCY' WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS the A GENCY does not have giiffirient 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 m 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 PROTECT. 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 m 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 Iegal exposure to the CONSULTANT. Page 2 of 8 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 AGREEIvfEN T shall be completed by the date shown in the heading of this AGREEMENT udder 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 alI Iabor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub Contracting The AGENCY permits sub contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub consultant shall be substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39 76.011. The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a minimum amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 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 Iaws 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 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 en will be conducted under the procedures found in Exhibit "J and disputes concerning claims will be conducted under the procedures found in Exhibit "K XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 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 mdemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT, provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY The CONSULTANT'S professional liability to the AGENCY shall be Limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6of8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive, and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C The CONSULTANT must submit any "request for equitable adjustment hereafter referred to as "CLAIM under this clause within thirty (30) days from the date of receipt of the written order However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 in witness whereof, the parties hereto have xecutect this AGREEMENT as of the day and yearshown in The "Execution Date box can page one (1) of AGREEMENT. By Vern Phillips, PE (2 r71--- By Cnnsattant Harris Associates, Inc. Agency City of Tukwila LOT Forte 144tID9 EF Remised MOB Flagella/8 Construction Administration Services for International Blvd. Phase II 11l Improvements The City of Tukwila, WA, January 2009 EXHIBIT A Construction Administration Services Scope of Work The project will include about 5000 feet of street improvements of International Blvd. in two phases from S.132' to south of SR 599 access ramps, new storm lines, extensive retaining walls, new asphalt pavement, curb gutters and sidewalks. This scope of work assumes that the City will provide one construction manager (the City CM) to lead our team and that Harris will provide various site inspection, documentation, and scheduling support. Task 300 Project Management 3.1. Project Management Plan Purpose: Provide the City and Harris with uniform procedures and standards for the administration of the construction contract. Approach: Using the Harris Construction Management Procedures Manual, develop a procedures manual that is tailored specifically for the project. Assumptions: 1. The final project manual will be bound in a three ring binder to facilitate future revisions. Deliverables: 1. Draft project manual for review by the City. 3.3 Harris Budget Projections Purpose: To provide the City with the Harris's anticipated billings in a format that is easily accessible, easy to understand, and provides the required cost information so the City can better manage available resources. Assumptions: 1. Cost projections will monitor only the Harris' contract. Deliverables: 1. Hands will furnish budget projections as part of the monthly invoice. Task 400 Construction Management and Inspection Services 4.1 Preconstruction Conference Purpose: 1 Construction Administration Services for International Blvd. Phase 11 III Improvements The City of Tukwila, WA, January 2009 Provide a draft of meeting agenda for The City's CM to prepare for all essential project participants to meet prior to the start of work. This meeting will outline the City's administration of the contracts, introduction of the attendees, and record all comments and questions submitted by the contractor. Provides an understanding of the procedures to be used on the project and what the contractor can expect from the City and its consultants. Approach: The City's CM will schedule, prepare agenda, chair and take minutes of the preconstruction meeting, inform contractor of project administration procedures and invite all affected regulatory agencies, utilities, and others to attend the meeting. Assumptions: 1. The City will provide the meeting venue. 2. The City will develop the attendee list. 3. Harris will assist the City CM in drafting agenda meeting. 4.2 Preconstruction Walk Purpose: To start the construction contract with an understanding between the contractor, Harris and the City as to the existing conditions of the project before construction begins. Approach: Before the Notice to Proceed is given to the contractor, Harris and the City will walk the project recording existing conditions. Project conditions are logged, videotaped, and still photographs are taken to record existing conditions. Copies are provided to the City. Harris will keep the originals in the project files until project completion. Assumptions: 1. Project walk will not take longer than one day with approximately the same amount of time to tog, file and copy the information. Deliverables: 1. Project photographs and video of pre construction and after construction conditions. 4.3 Communications and Correspondence Purpose: Provide effective written and oral communications on behalf of the City to the contractor and other stakeholders in the administration of the contract. Approach: At the preconstruction conference, obtain all pertinent information from the attendees to develop a project directory of all key personnel working on the projects. Develop a flow chart showing how correspondence is to be handled once it is received from the contractor or other stakeholders. Log all information received from contractor and others In Contract Manager Software and in separate project files for action and distribution. Prepare appropriate responses and obtain the City's approval when required. All original 2 Construction Administration Services for International Blvd. Phase 11 111 Improvements The City of Tukwila, WA, January 2009 correspondence remains with the project files. Only copies will be distributed, except for shop drawing submittals. Assumptions: 1. The City file index will be used for all correspondence received from the City, contractor and others. Deliverables: 1. Logs of information received from the City, the contractor or others relating to the project. 4.4 Schedule Monitoring Purpose: Harris will monitor baseline and progress schedules and changes to the schedule on an ongoing basis, generally during the monthly pay estimate processing cycle and at our weekly project meetings. Approach: Develop procedures, using available software, to review the contractor's schedule for logic, duration, and resource changes in the contractors monthly updates. Notify the contractor of changes and document its response for the record. Harris will keep the City appraised of construction schedule and changes found in the updates. Assumptions: 1. Contractor will submit baseline schedule per specifications. Deliverables: 1. Harris to perform a monthly review and provide the City with a basic report by email. 4.5 Progress Coordination Meetings Purpose: Attend coordination meetings conducted by the City CM with the contractor and other interested parties to discuss schedules, status of RFQs (Request For Quotes), status of submittals, issues fog, old and new business concerning the project and any other business that is a concern of any party attending the meeting. To keep everyone informed as to the status of the project and discuss issues that may influence project completion. Approach: Attend weekly meetings conducted by the City CM with the contractor to discuss project schedule, current, and past issues that require action by someone other than the party raising the issue. The City requests the contractor and Harris submit agenda items for the weekly coordination meetings. Using the proposed agenda items and agenda items developed in house, the City prepares an agenda for the meeting and distributes the agenda to the parties that will attend the meeting. Harris distributes the previous meeting minutes and asks for concurrence of those attending the meeting or suggested corrections to the minutes. Minutes are filed as approved or amended. 3 Construction Administration Services for international Blvd. Phase 1I Ili Improvements The City of Tukwila, WA, January 2008 Additional coordination meetings may be scheduled as needed. The City CM will call meetings and request specific parties to attend. These attendees will be given 48 hours notice for additional meetings. Assumptions: 1. The City and contractor's staff will be able to meet on a regular basis with minimal absences. 2. Meeting room provided by the City will be able to seat a minimum of 10 people. 3. Meetings will not be more than once a week. 4. Designer may be asked to attend the meetings as a participant. 5. Han will take notes of discussion items with the City CM approval. 6. Contractor is required to submit a look -ahead schedule (2 or 3 week) at each weekly meeting. Deliverables: 1. Weekly Agenda with status of open items from previous meetings. 2. Weekly meeting minutes with action items noted. 3.. Two or three week look ahead schedule (prepared by the Contractor) 4. Submittal log, issues log, and RFI and change order logs 4.6 Payment Recommendations Purpose: The City will verify the contractor's request for payment Approach: The City and contractor develop a procedure that is acceptable for monthly progress payments and the final payment. The City, with the assistant of Harris's Lead Inspector, reviews contractors payment requests and verifies contractor pay quantities. After agreement of the payment request, the City prepares payment documentation. Assumptions: 1. Payments will be made to the contractor once each month. 2. The City will make payments in accordance with the contract stipulations and State Law. Deliverables: 1. Lead inspector to assist the City CM 2. Schedule review input by Harris 4.7 Safety Purpose: Observe contractor's safety. Approach: Harris staff to observe contractor's work area. Contractor is to be informed if eminent life /safety unsafe work conditions and /or areas are observed. If life safety danger is observed immediate shutdown of contractor's work may be required, if conditions 4 Construction Administration Services for International Blvd. Phase II III Improvements The City of Tukwila, WA, January 2009 endanger property and/or life and a call may be made to WISHA or L &I may need to be alerted as appropriate. Assumptions: 1. Contract documents require contractor to submit Its safety program and safety officer prior to the start of work 2. Contract documents or contractor's safety program require contractor to submit accident reports. 3. Harris assumes no responsibility or liability for safety of contractor's work areas or personnel. 4. Harris assumes no responsibility or liability for implementation of contractor's safety program or its construction means and methods. 5. The City's contractor is solely responsible for project safety. Deliverables 1. Accident report notes on IDR. 4.8 Environmental Coordination Purpose: Verify contractor has copies of applicable permits and that the work activities abide by the requirements of the permits granted by regulatory agencies. Approach: In coordination with the City CM, read and understand and enforce requirements stipulated in permits issued by regulatory agencies. Assumptions: 1. All permits will be provided to Harris team and the City. 2. All permits except NPDS permit will be included in the contract documents. Harris lead inspector will review the conditions of the permit and make sure it is being followed. Deliverables: 1. Daily inspection reports including any pertinent Environmental issues or work will be prepared on site by Harris inspection staff. 2. Correspondence to affected parties 4.9 Submittal Management and Review Purpose: Provide an efficient means of processing submittals between the contractor and Designer. Provide a brief, initial review of the contractors shop drawing submittals before forwarding It to Designer. Approach: Using Contract Manager and in coordination with the City CM, develop a submittal list for distribution to the City, Contractor and Designer. Track and submit submittal logs at each coordination meeting. Follow up on all submittals that are nearing the end of the review period. The following steps will be followed In reviewing the contractor's submittals: 5 Construction Administration Services for International Blvd. Phase II III Improvements The City of Tukwila, WA, January 2009 1. Log submittals into Contract Manager all submittals by bid item and specification number. 2. Ensure the contractor has provided a complete submittal, it has been coordinated with other trades and all deviations have been noted. Submittal is returned to the contractor if it is not complete. 3. The City CM continues review for general compliance with the specification. 4. Submittal is forwarded to Designer for formal review and acceptance. 5. Harris will track the submittals to verify timely response. 6. Submittals are returned to Harris and the submittal status is logged into Contract Manager. 7. Approved submittals are retumed to the contractor for use in work. 8. Harris to inform contractor if a resubmittal is required. Assumptions: 1. Harris will not be responsible for errors or omissions in any submittal lists; this is the responsibility of the construction contractor. 2. Harris will assist the City CM in reviewing contractor submittals, and not approving them. 3. Submittals requiring any public utility review will follow specified process per provisions. 4. Harris will assist the City CM to review and to assure full compliance with LAG manual and correct usage of the RAM and ROM processes. Deliverables: 1. Monthly status Togs of submittals. 2. Log of accepted submittals. 3. Log of submittals in review. 4. Log of submittals that are not approved and will require resubmission by the contractor. 5. Final log of submittals and status at end of construction. 4.10 Request for Information (RFI) Management Purpose: At times, a contractor is unable to locate information that it deems critical to its construction activity. Harris staff will receive, log and track requests for information (RFI) submitted by the construction contractor. The efficient management of RFIs permits the timely communication between the designer and the contractor. Approach: Harris will receive, log and assist the City CM to review all RFis for completeness and verify the question is reasonable and understandable. Harris team will assist the City CM to return the RFI if the question is unclear or, in the opinion of Harris staff, the answer is contained in the contract documents. Harris will note where the requested information can be found in the contract Documents. Harris will track RFIs by creating weekly logs, using the Contract Manager software, to verify timely response from the designer. Assumptions: 1. None. 6 Construction Administration Services for International Blvd. Phase II Ili Improvements The City of Tukwila, WA, January 2009 Deliverables: 1. Log of all R FIs and their status. 2. Log of all RFIs answers and their status. 4.11 Document Management Purpose: Provide the City with an electronic means of tracking all documents exchanged between the parties involved in the construction of the project. Approach: Using Primavera Web -based Contract Manager and the City File Index, all documents will be logged in the project field office. Documents will be scanned into the document control system and attached to Contract Manager File index categories. All documents will be filed as a digital file and hardcopy: Assumptions: For the duration of contract, Harris will provide Contract Manager software for use. Deliverables: 1. Logs of all documents in the project files (digital and hardcopy). 2. All hardcopy project documents exchanged on the project between the various parties. 3. Harris will transfer all project documents and data generated by Contract Manager software to the City computer system in native database format. The data will be fully accessible and manipulatable with the City's final version of the Contract Manager software. Harris will assist the City in acquisition and configuration of Contract Manager during the contract startup phase. 4.12 Construction Change Order Assistance Purpose: To assist the City CM with assurance the contractor is presenting legitimate requests for extra work that was not included in the original scope of the contract. To assist he City CM to assure the associated extra work costs and time extension requests are fair and reasonable to both the City and the contractor. Approach: 1. Assist the City CM to review requests of the contractor's request for changes due to cost increases and /or time impacts for merit. 2. Assist the City CM to prepare independent cost estimate and schedule analysis of work. 3. Assist the City CM to negotiate extra work cost and time extensions with the contractor. 4. Assist the City CM to prepare change orders for execution by the City. Assumptions: 1. Harris will not have authority to make minor changes to work 2. The City CM will negotiate with the contractor on contract changes. Deliverables: 7 Construction Administration Services for international Blvd. Phase 11 III Improvements The City of Tukwila, WA, January 2009 1. Assist the City CM to prepare independent cost estimates. 2. Independent schedule analysis. 3. Assist the City CM to prepare change orders ready for execution 4.13 Review Certified Payrolls Purpose: To verify the contractor provides certified payroll reports in conformance with the provisions of the contract and applicable State Law. To verify the certified payroll reports contain information required by the Labor Code. anroach: Receive and review certified payrolls from the contractor and each of its subcontractors. Check for the Statements of Compliance. Spot -check wages of each classification of laborer or craftsperson. Notify contractor and City of all discrepancies and /or errors and request a corrected Certified Payroll. Assumptions: 1. Employee interviews, to verify payment of prevailing wages, will be conducted by Harris. 2. Harris is not responsible for enforcement of the Labor Code. 3. Harris will not be responsible for identifying every worker on site. Deliverables: 1. Hardcopies of the contractor's certified payrolls maintained in the project files. 2. A daily list of subcontractors working on the project as a part of iDR. 4.14 Inspection and Documentation Harris will provide inspectors to provide the scope of work defined as follows. Purpose: Provide the City with documentation of construction activities, duration, and work conditions using the City's form. Approach: Provide the City with knowledgeable people, familiar with construction activities to be performed on the project. Using Contract Manager, document the contractor's daily activities, labor force, equipment and items considered pertinent to the projects. The construction manager is to review daily reports and provide instruction to inspectors on ways to improve their daily reports. Provide documentation of Tabor, materials, and equipment each day in various sections of the project. Assumptions: 1. All inspections will be within the project limits. 2. Harris will provide two vehicles, two cell phones, two computers for the duration of the contract. Deliverables: 1. Daily inspection reports. 8 Construction Administration Services for International Blvd. Phase II fl1 Improvements The City of Tukwila, WA, January 2009 2. Miscellaneous reports deemed necessary by the construction. 4.15 Review and Maintain "As- Built" Schedule Purpose: To track contractor's progress during construction of the project. A Using the daily inspection reports prepared by Hams inspectors, the contractor's schedule, site observations, and other sources of information, Harris will track and document the contractor's actual progress. The contractor's baseline critical path and regularly updated schedules will be used as a basis for comparing planned versus actual progress. Assumptions: 1. Monitoring will be on a continuous basis of the contractor supplied "as- built' schedule which will be updated monthly. Deliverables: 1. An "as- built' schedule with one digital file, as per the City CM requirement. 4.16 Maintain Photographic and Video Records of Construction Progress Purnose: To provide the City with a photographic record of the project, before, during and after construction. Approach: Using still, digital camera record the conditions of the project before the contractor starts work and after the work is complete. Record the contractor's progress during construction. During construction, care will be taken to record all items and /or conditions that have or may have a bearing on claimed extra work. Assumptions: 1. Photographs and videos will remain at the City's project server at all times until the end of the project. Deliverables: 1. All photographic and video records. 4.17 Review and Maintain Record Drawings Purpose: To provide the City with an accurate set of record drawings for the project. Approach: 9 Construction Administration Services for International Blvd. Phase II 8111 Improvements The City of Tukwila, WA, January 2009 Monitor contractor's required record drawings on a monthly basis. Review as- builts and request changes from contractor for any changes. Assumptions: 1. Harris will assist Designer in answering questions regarding the record drawings. 2. Contract documents will require contractor to maintain redline as -built drawings. Deliverables: 1. One set of marked up contract drawings. 4.19 Final Inspection and Punch list Purpose: To identify elements of construction requiring correction prior to final acceptance by the City. Approach: Following substantial completion, perform a project inspection of the completed construction. During the inspection develop a list of contract work requiring correction or rework. The written list of deficient work (punch list) will be delivered to the City and the contractor within three working days of the final inspection. The final punch list will include items to be corrected that were identified previously during the course of construction. Assumptions: 1. The City will identify any key City or other agency personnel to be included in the final inspection. 2. Harris will contact and schedule all required final inspection personnel 48 hour prior to the final inspection. 3. Harris will prepare the final punch list. Deliverables: Final punch list. 4.21 Final Project Report Purpose: To assist the City with a final status report on the project to document remaining close out issues. A2oroach: 1. Assist the City CM to prepare a summary of outstanding claims not resolved when the Notice of Completion is filed. 2. Assist the City CM to prepare and discuss "Lessons learned" 3. Assist the City with all the WSDOT audits during and at the completion of the project. Deliverables: 1. Assist the City CM to provide one hard copy and one digital file. 10 EXHIBIT B Intentionally Left Blank (No DBE Utilization) EXHIBIT C Exhibit C Electronic Exchange of Engineering and Other Data The format and standards of electronic documents to be provided by CONSULTANT during the course of Construction Management and Inspection services will include, but are not limited to, the following: I. Design Field Revisions and Independent Estimates A. Any Computer Aided Drafting files generated during the course of construction in support of field inspection services will be in AutoCAD 2008 version or older format. B. Cost Estimates and other analysis will be provided in MS Excel format. II. Construction Schedule Review Documents A. All analysis and reporting of the contractors project schedule by outside schedule support services will be performed using reporting tools native to Primavera P3 Version 4.1 (including Monte Carlo tools if necessary). If alternate tools are used City will be provided details of specific tools to allow independent analysis. B. Written reports may be generated in MS Word format or any common email version which can be converted to ASCII text. III. Electronic Data Exchange A. The City will provide the File Index structure, Change Order, Field Directive, Inspectors Daily Report and other common documentation forms for integration into the project tracking system. B. The City uses Groupwise collaboration tools for email, contact information and calendar features. Any system used by CONSULTANT shall be compatible with this tool. C. Primavera Contract Manager will be used to track project correspondence and other information relevant to the construction of the project. The City will host this program on AGENCY computer systems and CONSULTANT will migrate any project data from their systems to the City's system once the program has been installed and configured and thenceforth use the City's system to administer the project. IV. Non Digital Source Files A. Any standard format (8 -1/2 x 11 or 1 1x17) document not available in native digital format will be scanned to PDF format and included in electronic documentation upon City request. 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 Celt Part 3 L 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 attached hereto and by this reference made part of this AGREEMENT. The eates liAccl shall be al plicablc for the fir,t twelve (12) month Revised 6/08 of the CONSULTANT or the AC]2 CY. If negotiations arc- not conducted for the second o. period, the rates listed in this ACREEML NT, or subsequent written authorization(s) front the AGLNCi' The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify hours billed on the AGREEMENT. Not in Exhibit E Direct Non-Salary Costs: Direct Non -Salary Costskwill 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 complywith 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 3 L205-46 "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. 'nth fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XLV, `Extra Work" DOT Form 140 -089 EF Exh O3 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 AGENCYmay 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&P,, 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 ref+md 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. Exhibit E -2 CITY OF TUKWILA INTERNATIONAL BLVD. Phase II III Improvements Consultant Fee. Determination Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Rate @154% @_25% Per Hour Sam Yaghmaie, PE Project Director 69.81 107.50 17.45 194.77 Matt Lumsden: Lead Inspector 43.25 66.60 10.81 120.67 Chan Saenphimmachak Office Eng. 28.84 44.41 7.21 80.46 Peigi barkely Administration Oversight 36.25 55.82 9.06 $101.14 Steve Flinn: Structural Inspector 43.5 66.99 10.88 121.37 Becky Pitts: Scheduler 42.00 64.68 10.50 117.18 EXHIBIT E-2 CONSTRUCTION MANAGEMENT SERVICES FOR INTERNATIONAL BOULEVARD PHASES II AND III NEGOTIATED BREAKDOWN OF COSTS EXHIBIT G intentionally Left Blank (No Subconsultants) 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 thereinafter 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 acces -s to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FAWA) 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 CONSULTANTS 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 Reused 6I05 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. Cost Plus Fixed Fee Contracts DOT Form 14O-O89 EF Exhib.1 I Revised Mb Exhibit I 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 Lurnp 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. 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. EXHIBIT J Intentionally Left Blank DOT Form 140 -088 EF Extilb1t K Rovisod a/as Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding clairn(s) on a consultant agreement, The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claims) 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 lithe Agency agrees with the claim. If the FIIWA 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 requesthas been approved, the Agency shall write the supplement andlor new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. 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 word 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 claims) and rationale utilized for the decision. Step 6—Preparation of Supplement or New Agreement for the Consultant's Claims) 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. DOT Form 140 -089 EF Exhibit L Raised 6/05 Exhibit L (To Be Used Only If Insurance Requirements Are Increased) The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of 2 million per claim with an aggregate of $4 million. Such insurance coverage shall be evidenced by one of the following methods: Certificate of Insurance. Self insurance through an irrevocable Letter of Credit from a qualified financial institution. Self insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limitrequired by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FIIWA) for approval to increase the minimum insurance limit If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: N/A Include all costs, fee increase, premiums. This cost shall not be billed against an FHWA funded project For final contracts, include this exhibit. Exhibit M -1(a) Certification Of Consultant Project No, 074 -4038 Local Agency I hereby certify that I am Vern Phillips, PE and duly authorized representative of the firm of Harris Associates, Inc. whose address is 1800 112th Ave NE, #21 OW, Bellevue, WA 98004 and that neither I nor the above firm I here represent has: (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; 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); (b) 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 highwa 4un and is subject to applicable State and Federal laws, both criminal and civi,L� DOT Form 140-089 EF Exhibit M-1(( Rovised 8/05 Signature DOT Form 14O -G89 EF Exhibit M-1(b) Revised 6/a5 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 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 (1)(B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default H. 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): Harris Associates (Date/ DOT Form 140 EF Exhibit M-2 Aevisad 6105 (Signature) President orAuthorized CPiiiclef of consultant 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 malting 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 FonmLLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. DOT Form 140-069 EF Exhibit M-3 Revised 6/05 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 malting 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): Harris Associates (1)ffitl/ (bye) (Signature'IPresident0f Mthorized Official of Consultant Firm Harris Associates, Inc. Name Vern Phillips, PE Title Northwest Regional Manager Date of Execution TIB Phase 2/3 Roadway Improvements 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 yearwhen 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. This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Negotiated breakdown of costs are accurate, complete, and current as of January.13, 2009 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. DOT Form 140 EF Exhibit M-4 No/Fuld 6 Exhibit M-4 Certificate of Current Cost or Pricing Data 3/09 Agreement Number 95 -RWO3 (Harris 074 -4038) Federal Aid Number Phase 2: STPF STPUL 0099(077) Phase 3: HLP -STPUL -0099(103) Local Agency THIS AGREEMENT, made and entered into this day of 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 ecuted this AGREEMENT as of the day and year first above written. CONSULTANT By Vern Philips, PE Consultant Harris Associates, Inc BY Consultant Supplemental Signature Page for Standard Consultant Agreement DOT Form 540 -039 EFAppandoc 31.910 Revised was Consultant/Address/Telephone Harris Associates, Inc. 1800 112th Avenue NE, #210W Bellevue, WA 98004 425.453.0999 phone Project Title And Work Description Tukwila International Boulevard Phase II III Improvements "Construction Administration Inspection Services" LOCAL AGENCY By Agency City of Tukwila By Agency By Agency By Agency TRANSPORTATION COMMITTEE Meeting Minutes January 20, 2009 5:00 p.m. Conference Room 1 PRESENT Councilmembers: Staff: Guests: CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:08 p.m. I. PRESENTATIONS No presentations. B. 2008 Overlay and Rep air Program Proiect Completion Staff is seeking full Council approval for contract completed construction of the 2008 Overlay and Repa but was still completed under budget due to unit price savings of approximately $6,300. UNAiNLVIOUS CONSENT AGENDA. Git-v of Tukwila Transportation Committee De' Sean Quinn, Chair; Dennis Robertson and Verna Griffin Jim Morrow, Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin Peter Lau, Mike Ronda, Gail Labanara, Mike Mathia, Jack Pace, Jon Harrison and Kimberly Matej Chuck Parrish II. BUSINESS AGENDA A. Boeing Access Road Bridge Replacement Staff returned to the Transportation Committee to report out on the status of a grant application that was submitted to Washington State Department of Transportation (WSDOT) for replacement of the Boeing Access Bridge (see Transportation Committee minutes dated June 10, 2008). The City was not awarded any grant monies through this funding period, but staff will continue to submit applications for this project when funds become available. During this first funding stage, WSDOT had a total of $31 million available for project funding and our grant request totaled $24.8 million. Staff briefly reviewed project submissions that did receive funding. Hopefully, future funding cycles will support larger projects. INFORMATION ONLY. and Acceptance closeout and authorization to release retamage for it Program. The project required two change orders, underruns. The final contract cost is $690,996.40; a APPROVAL. FORWARD TO FEBRUARY 2 C. 2009 -2012 SCA1Bd Interlocal Agreement and Resolution Staff is seeking full Council approval to enter into an interlocal agreement for continued participation in the South County Area Transportation Board (SCATBd). Annual dues are $100 per voting member, and Tukwila currently has one represented voting member per the interlocal agreement. SCATBd can serve as a unified voice to advocate for transportation issues and programs that affect South King County. UNANIMOUS APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION. D. Tukwila International Boulevard Phase II and III Construction Management Services Agreement In December 2008, the City Council awarded the construction contract to Gary Merlino Construction Company for Tukwila International Boulevard (TIB) Phases II and III (see Council minutes dated 12/15/08). Staff is now seeking full Council approval to enter into a contract with Harris Associates in the amount of $1,275,049 for construction management services for TIB Phases II and III. The City has not worked with Harris Associates before; however, they scored highest in the City's selection process. Staff has negotiated a lower than usual overhead and profit margin to keep costs within budget for the project. TIB Phase II and III construction is anticipated to run on a 21 -month project schedule. UNANIMOUS APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION.