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HomeMy WebLinkAbout13-161 - Jacobs Engineering Group - Boeing Access Road Bridge Rehabilitation DesignWashington State Department of Transportation 13-161(g) Council Approval N/A Supplemental Agreement Number 07 Organization and Address Jacobs Engineering Group, Inc. 600 -108th Avenue NE, Suite 700 Bellevue, WA 98004 Phone: 425-452-8000 Original Agreement Number 13-161(g) Project Number 99410408, BHM-1380 (003) Execution Date 10/10/2013 Completion Date 12/31/19 Project Title Boeing Access Rd over BNRR Bridge New Maximum Amount Payable 51,331,513.00 Description of Work This supplement is for a time extension only. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with Jacobs Enuineering Group, Inc. and executed on 10/10/2013 and identified as Agreement No 13-161 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1 Section 1, SCOPE OF WORK, is hereby changed to read: No change to scope. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read Time for completion is revised to December 31, 2019. 111 Section V, PAYMENT, shall be amended as follows: No change - Total Payment will be S1,331,513.00 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: ► C7�'�S� DOT Form 140-063 Revised 09/2005 onsultant Signature By i// A t keel 1K la- (o-rg Date - ail,ccyor y Signature /57'e C -/ G 7AJA-L-S rl/ nei Temespertailee 13-161(f) Council Approval N/A Supplemental Agreement p p g Number 06 Organization and Address Jacobs Engineering Group Inc 600 108th Avenue NE Suite 700 Bellevue, WA 98004 Phone: 425-452-8000 Original Agreement Number CO -161 �) Project Number iiii 99410408, BHM- 1380(003) Execution Date 10/10/2013 Completion Date 12/30/2018 Project Title Boeing Access Road Over BNRR Bridge New Maximum Amount Payable $ 1,331,513.00 Description of Work This supplement is for providing design services during construction of the project. Detailed scope and fee for the services are attached. The Local Agency of City of Tukwila desires to supplement the agreement entered into with Jacobs Engineering Group Inc. and executed on 10/10/2013 and identified as Agreement No. 13-161 AH provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See attached Exhibit A-1 for Supplement 6 Scope of Work 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: no change December 30, 2018 Section V, PAYMENT, shall be amended as follows: No Change - Total payment will he 51,331,513 00 111 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Donald K Nelson, Operation Managr By: Consultant Signature DOT Form 140-063 EF Revised 9/2005 Po -LT -A-34- 3 Date /`5216/- ? a /6/4/ S JACOBS Scope of Work EXHIBIT A-1 City of Tukwila S. BOEING ACCESS ROAD BRIDGE REHABILITATION PROJECT Supplement No. 6 1.0 Project Management The CONSULTANT continued providing project management services for the extended project duration which was necessitated by delaying in obtaining the Construction and Maintenance (C&M) Agreement from BNSF and changing of the City's project management team. The original contract end date was extended three times: - From 6/15/2015 to 12/31/2015 with Supplement No. 1 (No additional budget was allowed) - From 12/31/2013 to 12/31/2016 with Supplement No. 2 (No additional budget was allowed) - From 12/31/2016 to 12/31/2017 with Supplement No. 4 (No additional budget was allowed) The previous contract modification that increased the design phase budget to compensate for the project duration extension was Supplement No. 3, executed on 2/12/2016. This supplemental agreement allowed additional project management efforts for additional 12 months, from 6/16/2015 to 6/16/2016. Due to further delay of the project as noted above, the CONSULTANT continued to provide assistance for additional 12 months in coordinating with City, WSDOT Local Programs and the project stakeholders through completion of the railroad C&M Agreement, the final bid documents, and construction bidding. Deliverables: ■ Project update due to delay ■ Monthly Invoices and Progress Reports ■ Project schedule update Tukwila Boeing Access Road Bridge over BNRR Rehabilitation_Supplement No 6 1 EXHIBIT A -1A Supplement No. 6 City of Tukwila Fee Proposal South Boeing Access Road Bridge Rehabilitation Project JACOBS Task Description Project Manager Sr. Civil/Str Eng Des. Engineer Project Admin Total Hours Total Cost for Jacobs 1.0 Project Management & Coordination 108 20 20 12 160 $32,377 Project Coordination & Update (12 mo.) 72 20 20 6 118 $23,220 Project Administration (12 mo.) 36 6 42 $9,157 2.0 Inspection & Load Rating (TranTech) 0 $0 3.0 Survey & Mapping (1 Alliance) 0 $0 4.0 Geotechnical Investigation (Shannon & Wilson) 0 $0 5.0 Environmental Planning & Permitting (Widener) 0 $0 6.0 Railroad Coordination (MCRaiI Logistics) 0 $0 7.0 Roadway, Drainage, Pedestrian/Bike & Traffic Control 0 $0 8.0 Bridge Rehabilitation and Seismic Analysis 0 $0 9.0 Final Seismic Analysis & Structural Design 0 $0 9.0 Conceptual Design (30%) Plans 0 $0 10.0 60% Design Plans 0 $0 11.0 90% Design Plans, Specs & Estimate 0 $0 12.0 100% PS&E Documents 0 $0 13.0 Ad -Ready Contract Documents 0 $0 14.0 Assistance during Bid Period 0 $0 Total Hours 108 20 20 12 160 Direct Salary Rates $242.77 $183.84 $82.28 $69.56 Direct Salary Cost (DSC): $13,033 Overhead (118.43% of DSC):) $15,434 Fixed Fee (30% of DSC): $3,910 Direct Expenses (production, copying, etc.) $0 TOTAL - Supplement No. 6 $32,377 C:lUserslkimkslDesktoplTukwila BoeinglScoping\Supplement #61Exh A-1A_Boeing Access Road Br Supplment #6 7/10/2017 13-161(e) Council Approval 2/21/17 Supplemental Agreement Organization and Address Jacobs Engineering Group Inc Number 05 600 108th Avenue NE Suite 700 Bellevue, WA 98004 Original Agreement Number 13-161 Phone: 425-452-8000 Project Number Execution Date Completion Date 99410408, BHM- 1380(003) 10/10/2013 12/30/2018 Project Title New Maximum Amount Payable Boeing Access Road Over BNRR Bridge $ 1,331,513.00 Description of Work This supplement is for providing design services during construction of the project. Detailed scope and fee for the services are attached. The Local Agency of City of Toknila desires 8o supplement the agreement entered into with Jacobs Engineering Group Inc. and executed on 10/10/2013 and identified ao Agreement No. 13-161 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes ho the agreement are described aafollows: Section 1, SCOPE OF VVDRK, is hereby changed to read: See attached Exhibit A-] for Supplement 5 Scope of Work UU Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Time for completion is revised to December 31, 2018 0U8 Section V, PAYMENT, shall be amended as follows: Total jja.�ment will be increased hyQ60,956 00 as set forth in the attached Exhibit A, and by this reference made apart of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. RIMMED Consultant Signature DOT ponn 140e63 eF Revised 9/2005 Date City of Tukwila Construction Support Project Objective and Project Description This project will provide preliminary and final design and construction engineering services to the City of Tukwila (CITY) for the rehabilitation of the South Boeing Access Road over BNSF /UPRR Bridge. The Boeing Access Road Bridge, originally constructed in 1944 and widened in 1965, is a five span bridge, three steel girder spans and two concrete T -beam spans, supported on concrete piers founded on H -pile foundation. The project will be accomplished in the following three phases: Phase 1— Bridge Rehabilitation Alternatives Evaluation Phase 1 of the project is to assess bridge conditions and identify its deficiencies by conducting an in- depth bridge inspection. Seismic analysis will also be performed to identify seismic vulnerability of the bridge under current AASHTO design level earthquake (1,000 -year return period). The findings and recommendations, along with associated costs, will be summarized in a Design Report. Phase 2 — Final Design (PS &E) Upon approval of the Design Report by the CITY, the final construction documents (PS &E) will be prepared for the retrofit measures recommended and selected in Phase 1. The final design and the construction PS &E documents will be prepared in accordance with the City and WSDOT standards. Phase 3 — Construction Support The CONSULTANT will assist the CITY with design services during construction of the Boeing Access Road over BNRR Bridge and preparing bridge load rating analysis after completion of the bridge construction. The details of the tasks are described below. Project Schedule The preliminary project schedule will be developed upon notice to proceed for the project and updated as changes occur. The anticipated major milestone dates are: Phase 2: To be completed January 2016 Phase 3: Notice to Proceed February 2017 Ad for Construction February 2017 Construction begin March 2017 Construction completion April 2018 JACOBS Scope of Work (Continued) PHASE 3 — CONSTRUCTION SUPPORT 1. PROJECT MANAGEMENT The CONSULTANT shall provide continuous project management and administration of services under this agreement. This work element includes preparing monthly invoices and progress reports, including the status of individual work elements, number of meetings attended, change management status, outstanding information required and work items planned for the following month. The CONSULTANT's Project Manager shall maintain communication with the COUNTY's Project Manager and the CONSULTANT's Project Team via meetings, telephone discussions, emails and other means necessary. An FTP site may be used for file transfer. The CONSULTANT's project manager shall provide direction to the project team including subconsultants supporting this project. Assumptions: • The project management for this phase is assumed for 16 month; CONSULTANT may provide services beyond this duration as requested by COUNTY and within limits of available budget. • The construction phase is anticipated to be approximately 16 months. • Headlight system will not be used in this Construction Support service. Deliverables: • Monthly Invoices and Progress Reports (up to 16) • Meeting minutes 2 ENGINEERING SERVICES DURING CONSTRUCTION 2.1 Attending Pre - Construction The CONSULTANT shall attend the pre- construction meeting prepare to answer any questions from the Contractor or the City regarding the construction. Deliverables: ■ Meeting notes and comments associated with the meetings. 2.2 Construction Coordination and Field Visits The CONSULTANT shall attend the construction coordination meetings and visit the site as requested by the CITY and /or required for clarification of construction - related issues or review of unusual or unanticipated conditions. Assumptions: ■ The scope of this task is based on attending monthly basis, an initial estimate of up to 16 site visits. Deliverables: Meetings /Site visit reports (up to 16) Technical memorandum regarding constructability issues or field revisons. SOW BAR DSDC 201701.09 ,JACOBS Scope of Work (Continued) 2.3 Response to Contractor's RFI's The CONSULTANT shall review and respond to Requests for Information (RFIs) throughout the construction period when requested by the CITY. Coordination and follow -up efforts will be provided to ensure a timely review. CONSULTANT shall maintain a log of RFI's showing the level of efforts required for each and the log will be available for the CITY as requested. Assumptions: • The scope of this task is based upon an initial estimate of up to 100 BFI's at four (4) hours per RFI. • The Contractor is responsible for updating design record drawings to reflect responses to RFI's with redlines on record set. As -built plans will be prepared based on these changes at the end of construction by the CONSULTANT as specified in Section 4.2 of this Scope. . Deliverables: • Responses to RFI's (electronic files) • RFI's Log 2.4 Shop Drawings & Construction Submittals Review The CONSULTANT shall review the construction shop drawings and other Contractor submittals at the request of the CITY for general conformance with the Contract Plans and Specifications. All reviewed shop drawings and submittals will be returned with shop drawing stamped indicating appropriate action. Assumptions: • The scope of this task is based on an initial estimate of up to 50 submittals at 10 hours per submittal. • The Contractor is responsible for updating design record drawings to reflect any changes in the submittals with redlines on record set. As -built plans will be prepared based on these changes at the end of construction by the CONSULTANT as specified in Section 4.2 of this Scope. Deliverables: • Reviewed shop drawings and submittals (electronic files unless requested otherwise) • Submittal Log 3 Environmental Compliance (Widener & Associates) 3.1 NPDES Compliance The CONSULTANT shall provide weekly NPDES oversight to assure the Contractor compliant with the NPDES permit throughout the construction duration. Assumptions: ■ The scope of this task is based on 14 -month construction duration. Deliverables: ■ Weekly Inspection Reports submitted to the DOE and copies to the City. 4 POST - CONSTRUCTION SERVICES 4.1 Bridge Load Rating Report The CONSULTANT shall complete the bridge load rating analysis based on the as -built conditions and SOW BAR DSDC 2017.01.09 .JACOBS Scope of Work (Continued) prepare the bridge load rating report, including the summary sheet, in accordance with the current AASHTO Manual for Bridge Evaluation and WSDOT BDM and Bridge Inspection Manual. Assumptions: • The CITY'S CM Team will provide the bridge as -built drawings. • Bridge load rating will meet the new FHWA's SHV rating requirements. Deliverables: • Bridge load rating analysis reports (Two (2) hard -copy sets of the load rating, including load rating summary, analysis report, and other calculations (prepared in 8 Y�" x 11" sized, "D" ring, "Quick Fit Brand View Binder ") • Bridge Load Rating Summary (signed and sealed by a P.E. licensed in the State of Washington) • One (1) complete electronic file of the hard -copy set in PDF. • Posting /uploading of the load rating report into the WSBIS software once approved by the City. 4.2 As -Built Drawings The CONSULTANT shall prepare as -built plans at the substantial completion of the project based on the information provided by the Contractor and the Construction Management Team. All the changes occurred during construction will be shown in clouds with revision blocks on the original design files. Assumptions: ■ The Contractor and /or Construction Management Team will provide the as -built information, including all the design changes during construction in the field, in a single set of redline plans. Deliverables: ■ As -Built Plans (2 hard copies and AutoCAD files in CD) SOW BAR DSDC 2017.01.09 EXHIBIT E-2A Supplement No 4 City of Tukwila JACOBS Fee Proposal South Boeing Access Road Bridge Rehabilitation Project - Design Services During Construction Task Description Project Manager Sr. Str. Eng. Sr. Civil Eng. Des. Eng. CADD Contract Admin Non- Project Admin Jacobs Total Hours Jacobs Cost by Task Sub- consultant 1 Project Management & Admin. 144 0 16 24 0 4 16 204 $17,200 Project Coordination (assume 16 months) 80 16 24 4 124 Project Reportinglin voices 64 1 16 8 1 1 1 2 Engineering Services during Construction 88 130 92 878 80 0 0 1,268 $57,651 2.1 Attending Pre Construction Meeting 8 6 6 20 2,2 Construction coordinoiton & site visits (assume 16) 64 16 20 100 2.3 Response to Contractor's RR's (ossurne 100) so so 300 400 2.4 Shop drawings & Construction submittal review (assume 50) so 20 400 500 3 Environmental (Widener 8, Associates) 0 0 0 0 0 0 0 - $44,718 Construction support (NPDES Inspection x 14 months) 4 Bridge Load Rating (TranTech) 8 0 0 76 40 0 0 124 $4,999 4,1 Final Bridg Load Rating (TronTech) 4 15 20 $10,000 4.2 Complete Bridge Files for Record 4 60 40 104 Total Hours 232 130 1 108 902 80 4 16 1,472 1 Billing Rates - Negotiated Hourly (Estimated) 1 $236.27 $155.00 $177.82 $79.61 $93.44 $116.81 1 $58.40 JACOBS Total Direct Labor $79,850 $54,718 Overhead (103.61% of Direct Labor) $82,733 Fee (30% of Direct Labor) $23,955 TOTAL LABOR COST $ 186,538 54,718 Direct Expenses (mileage, mailing, etc.) $1,000 Contingencies (10%) $18,700 Sub-total $ 206,238 TOTAL $2 Assumptions The budget is based on "cost+fixed fee" method. Mileage are paid at current federal allowed rate. The project duration is assumed for 16 months C:Vsers*imks0esktop7ukw#a BoeinglScopjng1DSDC)Boeing Access Road Brl,DSDC draft 2017.01.09 11912017 13- 161(d) Council Approval N/A j7) Washington State Department of Transportation Supplemental Agreement Number 4 Organization and Address Jacobs engineering Group, Inc. 600 - 108th Ave NE, Suite 700 Bellevue, WA 98004 Phone: (425) 452 -8000 Original Agreement Number 13 -161 (a) . Project Number 99410408, BHM- 1380(003) Execution Date Completion Date 12/31/2017 Project Title Boeing Access Road Over BNRR Bridge Rehabilitation New Maximum Amount Payable 1,070,577.00 Description of Work This supplement is for a time extension only. the project has experienced delays to the process required to obtain the Construction and Maintenance Agreement from BNSF. additional time has been included for technical support during the construction phase. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with Jacobs Engineering Group, Inc. and executed on 10/10/2013 and identified as Agreement No 13 -161 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: No change of scope 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read' Time for completion is revised to December 31, 2017. 111 Section V, PAYMENT, shall be amended as follows: No change to payment as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By Don Nelso , O. -ra ons Manager DOT Form 140 -063 Revised 09/2005 onsu.: t ignature By:Alla,l EKbej Ma Approving Authority Signature /5d- /aat<G //(!S 13- 161(c) Council Approval 2/16/16 VaWashington State r Department of Transportation Supplemental Agreement Number 3 Organization and Address Jacobs Engineering Group, Inc. 600 -108th Ave. NE, Suite 700 Bellevue, WA 98004 Phone: (425) 452 -8000 Original Agreement Number 13 -161 CG) Project Number 99410408, BHM 1380(003) Execution Date 10/10/2013 Completion Date 12/31/2016 Project Title Boeing Access Road Over BNRR Bridge Rehabilitation New Maximum Amount Payable $ 1,070,577.00 Description of Work Add survey work, provide funds for additional costs and equipment added to the geotechnical boring, provide funds for additional design, utility investigation work, project management, and printing as detailed in Exhibit A -1. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with Jacobs Engineering Group, Inc. and executed on 10/10/2013 and identified as Agreement No 13 -161 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1 Section 1, SCOPE OF WORK, is hereby changed to read: See attached Exhibit A -1 for Supplement 3 Scope of Work. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read- No Change 111 Section V, PAYMENT, shall be amended as follows: See attached Exhibit A, Summary of Payment, and Exhibit E2 -A, Fee Proposal, for Supplement 3 summary of payments. as set forth int eh attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: Don Nelson. Operations Manager By Allan Ekberg, Mayor Consultant Signature DOT Form 140 -063 Revised 09/2005 Approving Authorit, ignature D--q at 14 /�/riae/416 /4 S Exhibit A Summary of Payments Basic Agreement Supplement #3 Total Direct Salary Cost (DSC) $314,532 $13,972 $328,504 Overhead (Including Payroll Additives) $372,501 $16,547 $389,048 Direct Non - Salary Costs $4,540 $1,000 $5,540 Subconsultants $231,839 $17,095 $248,934 Fixed Fee (30% DSC) $94,360 $4,191 $98,551 Total $1,017,772 $52,805 $1,070,577 JACOBS Scope of Work EXHIBIT A City of Tukwila S. BOEING ACCESS ROAD BRIDGE REHABILITATION PROJECT Scope of Services Supplement No. 3 1.0 Project Management The CONSULTANT will continue providing project management services for the extended project duration which was necessitated by delay in obtaining the Construction and Maintenance (C &M) Agreement from BNSF. The contract was extended from the original contract end date of June 15, 2015 to December 31, 2015 by Supplement No. 1 and then again to December 31, 2016 by Supplement No. 2. The CONSULTANT will continue to provide assistance in coordinating with BSNF through completion of the C &M Agreement. Deliverables: ■ Monthly Invoices and Progress Reports • Project schedule update 2.0 Survey and Mapping The CONSULTANT (1 Alliance Geomatics) provided additional field surveying and mapping for the area along the south side of the Boeing Access Road for new retaining walls and the new drainage area near Airport Way. (Approved with Change Log dated 2/4/2015) The CONSULTANT (1 Alliance Geomatics) performed investigation of the right of way boundaries at the request of the WSDOT Local Programs. (Approved with Change Log dated 5/7/2015) Deliverables: • Electronic AutoCAD Civil 3D topographic base map 4.0Geotechnical Investigation The CONSULTANT (Shannon & Wilson and driller) had to shift the work window to meet the permit Tukwila Boeing Access Road Bridge over BNRR Rehabilitation_Supplement No 3 1 JACOBS Scope of Work (Continued) conditions prescribed by the City and the Railroads. The early work hours also required a light plant for safe field operation. (Approved with Change Log dated 12/5/2013) During the second phase of field drilling (B -3), the CONSULTANT (Shannon & Wilson and driller) had to work during weekend to meet conditions prescribed by the Railroad. This weekend operation required surcharge for driller. (Approved with Change Log dated 3/6/2015) 12.0 100% PS &E Documents The CONSULTANT performed additional drainage design to address the right of way conflict at the southwest corner near Airport Way. (Approved with Change Log dated 8/5/2015) The CONSULTANT performed additional underground utilities coordination and field verification to resolve potential conflict with the final design. (Approved with Change Log date 10/1/2015) The CONSULTANT performed extensive analyses and design efforts for the 10 -foot wide sidewalk widening along the south side of the bridge. The final design was significantly more complex and difficult than anticipated, and required a substantial increase in effort beyond the original scope and budget; we request a total of 100 hours for this work effort. Deliverables: • Design elements are included in the 100% Plans, Specifications and Estimate Tukwila Boeing Access Road Bridge over BNRR Rehabilitation Supplement No 3 2 EXHIBIT E -2A Supplement No 3 City of Tukwila Fee Proposal South Boeing Access Road Bridge Rehabilitation Project JACOBS Task Description Project Manager Sr. Civil /Str Eng Des. Engineer CADD Project Admin Total Hours Total Cost for Jacobs Total Cost for Subs 1.0 Project Management & Coordination 72 0 0 0 6 78 $6,653 PM due to project extention (12 mo) 72 6 78 $6,653 2.0 Inspection & Load Rating (TranTech) 0 $0 3.0 Survey & Mapping (1 Alliance) 0 $0 $10,795 Add survey for retaining wall & drainage (approved 2/4/15) $4,474 Add survey for defining ROW (approved 5/7/15) $6,321 4.0 Geotechnical Investigation (Shannon & Wilson) 0 $0 $6,300 Shift work window for 8 -1 & 8 -2 (approved 12/5/13) $3,800 Driller weekend charge (approved 3/6/14) $Z500 5.0 Environmental Planning & Permitting (Widener) 0 $0 6.0 Railroad Coordination (MCRaiI Logistics) 0 $0 7.0 Roadway, Drainage, Pedestrian /Bike & Traffic Control 0 $0 8.0 Bridge Rehabilitation and Seismic Analysis 0 $0 9.0 Final Seismic Analysis & Structural Design 0 $0 9.0 Conceptual Design (30 %) Plans 0 $0 10.0 60% Design Plans 0 $0 11.0 90% Design Plans, Specs & Estimate 0 $0 12.0 100% PS &E Documents 0 86 60 4 0 150 $7,895 Additional drainage at SW corner (approved 8/5/15) 10 8 4 22 $1,097 Underground utility adjustment (approved 10/1/15) 16 12 28 $1,460 Design complexity (10'sidewalk & ground improvements) 60 40 100 $5,337 13.0 Ad -Ready Contract Documents 0 $0 14.0 Assistance during Bid Period 0 $0 Total Hours 72 86 60 4 6 228 Direct Salary Rates $88.60 $64.02 $28.51 $42.97 $34.08 JACOBS Total Direct Salary Cost (DSC): $6,379 $5,505 $1,710 $172 $204 $13,972 Overhead (118.43% of DSC):) $7,554 $6,520 $2,026 $204 $242 $16,547 Fixed Fee (30% of DSC): $1,914 $1,652 $513 $52 $61 $4,191 Subtotal (labor +overhead +fixed fee): $15,847 $13,677 $4,249 $427 $508 Direct Expenses (production, copying, etc.) $1,000 Subtotal: $35,710 $17,095 TOTAL (Jacobs + Subs) for Supplement No 3: $52,805 C :IUserslkimkslDesktoplTukwila BoeinglScopinglSupplement #31Boeing Access Road Br Supplment #3 2/4/2016 jl)Washington State Department of Transportation Supplemental Agreement Number 2 Organization and Address Jacobs Engineering Group, Inc. 600 -108th Ave. NE, Suite 700 Bellevue, WA 98004 Phone: (425) 452 -8000 Original Agree ent Number 13 -161 L'o) Project Number 99410408, BHM 1380(003) Execution Date 10/10/2013 Completion Date 12/31/2016 Project Title Boeing Access Rd over BNRR Bridge Rehabiliation New Maximum Amount Payable $ 1,017,772.00 Description of Work This supplement is for a time extension only. The project has experienced delays due to the process required to obtain the Construction and Maintenance Permit from BNSF. Additional time has been included for technical support during the construction phase. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with Jacobs Engineering Group, Inc. and executed on 10/10/2013 and identified as Agreement No 13 -161 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: No change to scope. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read- Time for completion is revised to December 31, 2016 III Section V, PAYMENT, shall be amended as follows: No change to payment. as set forth int eh attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By Jim Ha erton Ma or DOT Form 140 -063 Revised 09/2005 Consultant gnature Date 5/.a(0 £ - 2! /6 //l/i9 -S Exhibit "A" Summary of Payments DOT Form 140 -063 Revised 09/2005 Basic Agreement Supplement #1 Total Direct Salary Cost 0 Overhead (Including Payroll Additives) 0 Direct Non - Salary Costs 0 Fixed Fee 0 Total 0 0 0 DOT Form 140 -063 Revised 09/2005 13-161(a) WimWashington State Council Approval N/A Department of Transportation Supplemental Agreement Organization and Address p p g Jacobs Engineering Group,Inc. Number 1 600-108th Ave NE, Suite 700 Bellevue,WA 98004 Original Agreement Number 13-161 (G) Phone: 425-452-8000 Project Number Execution Date Completion Date 99410408,BHM 1380(003) 10/10/2013 !.12/31/15 Project Title New Maximum Amount Payable Boeing Access Rd over BNRR Bridge Rehabiliation $ 1,017,772.00 Description of Work No Cost Time Extension.Jacob's progress has been per schedule but delays caused by the railroad plan reviews have put the project behind schedule. Tukwila has project approval from The BNRR and conditional approval from the UPRR but the City's need for Jacob's services will exceed the June 15,2015 completion. The Local Agency of City of Tukwila desires to supplement the agreement entered into with Jacobs Engineering Group,Inc. and executed on 10/10/2013 and identified as Agreement No. 13-161 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: No change to scope, I I Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Time for completion is revised to December 11, 7015 III Section V, PAYMENT, shall be amended as follows: No change to payment as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Don Nelson, Operations Manager By: Tim Naggerton, Mayor I , t Consultant Signature /Approving Au •. signature v DOT Form 140-063 EF L Date Revised 9/2005 /61 sO / e/6`►t /L -t 5 13 -161 Council Approval 10/7/13 Local Agency Standard Consultant Agreement Consultant/Address /Telephone Jacobs Engineering Group Inc. 600 - 108th Avenue NE, Suite 700 Bellevue, WA 98004 ►I4 Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Boeing Access Road Over BNRR Bridge Rehabilitation Federal Aid Number BHM -13 80(003) Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ cyo 0 Cost Plus Fixed Fee Overhead Progress Payment Rate DBE Participation % Overhead Cost Method ❑ Actual Cost ❑ Actual Cost Not To Exceed % ❑ Yes 0 No Federal ID Number or Social Security Number 95- 4081636 0 Fixed Overhead Rate 118.43 % Do you require a 1099 for IRS? • Yes 0 No Completion Date June 15, 2015 Fixed Fee $ 94,360.00 ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Total Amount Authorized $ Management Reserve Fund $ Maximum Amount Payable $ 1,017,772.00 1,017,772.00 Index of Exhibits (Check all that apply): Z Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification N Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum N Exhibit D -2 Payment - Cost Plus ❑ Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional N Exhibit E -1 Fee - Lump/Fixed/Unit ❑ Exhibit E -2 Fee - Specific Rates N Exhibit F Overhead Cost N Exhibit G Subcontracted Work N Exhibit G -1 Subconsultant Fee THIS AGREEMENT, made and entered into this %." between the Local Agency of City of Tulwila N Exhibit G -2 Fee -Sub Specific Rates N Exhibit G -3 Sub Overhead Cost N Exhibit H Title VI Assurances N Exhibit I Payment Upon Termination of Agreement ❑ Exhibit J Alleged Consultant Design Error Procedures N Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase N Exhibit M -1 a Consultant Certification ▪ Exhibit M -lb Agency Official Certification N Exhibit M -2 Certification - Primary N Exhibit M -3 Lobbying Certification N Exhibit M -4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page day of October , 2013 , and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 , Washington, hereinafter called the "AGENCY" , /s�a� 16i/V -S 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. Ill General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship.. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 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 executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. r By By w r' Consultant Jacobs Engineering Group Inc. Agency Ci ► Tukwila DOT Form 140 -089 EF Revised 3/2008 Page 8 of 8 EXHIBIT A -1 SCOPE OF WORK City of Tukwila JACOBS S. BOEING ACCESS ROAD BRIDGE REHABILITATION PROJECT Project Objective and Project Description This project will provide preliminary and final design engineering services to the City of Tukwila (CITY) for the rehabilitation of the South Boeing Access Road Bridge over BNSF /UPRR railroads, an important connection between 1 -5 and East Marginal Way South in the north end of City. The Boeing Access Road Bridge, originally constructed in 1944 and widened in 1965, is a five span bridge, three steel girder spans and two concrete T -beam spans, supported on concrete piers founded on H -pile foundation. The bridge accommodates approximately 40,000 vehicles per day, with truck volumes accounting for roughly 10% of traffic. It is therefore essential that the bridge be brought to current seismic and safety standards in order to protect public safety. The project will be accomplished in the following three phases: Phase 1— Bridge Rehabilitation Alternatives Evaluation Phase 1 of the project is to assess bridge conditions and identify its deficiencies by conducting an in -depth bridge inspection. Seismic analysis will also be performed to identify seismic vulnerability of the bridge under current AASHTO design level earthquake (1,000 -year return period). The findings and recommendations, along with associated costs, will be summarized in a Design Report. Phase 2 — Final Design (PS &E) Upon approval of the Design Report (Technical Memorandum) by the CITY, the final construction documents (PS &E) will be prepared for the retrofit measures recommended and selected in Phase 1. We will perform the final design and prepare the final construction PS &E documents in this phase in accordance with the City and WSDOT standards. Phase 3 — Construction Support Upon completion of Phase 2, the CONSULTANT will assist the CITY with review of Contractor submittals, shop drawings, evaluation of change proposals, and responding to questions from the CITY and Contractor. The detailed level of effort will be negotiated at the end of Phase 2. Project Criteria The seismic analysis, reports, and the final PS &E documents will be developed in accordance with the latest edition and amendments of the following documents: South Boeing Access Road Bridge Rehabilitation Project 1 JACOBS Scope of Work (Continued) • FHWA "Seismic Retrofitting Manual for Highway Structures: Part 1— Bridges" • AASHTO LRFD Bridge Design Specifications, 6th Edition, 2012 • AASHTO Guide Specifications for LRFD Seismic Bridge Design, 2nd Ed., 2011 with 2012 Interim • WSDOT Bridge Design Manual — LRFD. • WSDOT Geotechnical Design Manual • WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (M41 -10) • WSDOT Standard Plans for Road, Bridge, and Municipal Construction (M21 -01) • WSDOT Local Agency Guidelines Manual • AISC Steel Construction Manual, Thirteenth Edition (LRFD) • City of Tukwila Design Standards Items and Services to Be Furnished by the City The CITY will provide the following items and services to the CONSULTANT that will facilitate the engineering design and preparation of the construction documents for work within the limits of the project. • Available as -built drawings and information on other projects in the immediate vicinity, if applicable. • Rights -of -entry upon all lands necessary for the performance of the work, including official notices to property owners and agencies. • Timely reviews of Jacobs submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set. • Compilation, reproduction, and distribution of Bid Documents to potential bidders and interested parties. Project Schedule The preliminary project schedule will be developed upon notice to proceed for the project and updated as changes occur. The anticipated major milestone dates are: Milestone Consultant Notice to Proceed In -depth Bridge Inspection Rehab Alternative Study Start Phase 2 — PS &E Documents 30% Design Plans Completion NEPA Documentation Completed 60% Design Plans Completion 90% PS &E Completion PS &E Documents Completion October 10, 2013 December 5, 2013 February 21, 2014 March 20, 2014 April 17, 2014 June 26 2014 June 26, 2014 September 4, 2014 October 10, 2014 South Boeing Access Road Bridge Rehabilitation Project 2 GENERAL WORK TASKS 1.0 Project Management JACOBS Scope of Work (Continued) The CONSULTANT will provide continuous project management and administration of services under this agreement. The CONSULTANT will provide direction and review the work of the staff and sub - consultants during the course of the project. This work element includes preparing monthly progress reports, including the status of individual work elements, number of meetings attended, outstanding information required and work items planned for the following month. The CONSULTANT will manage the schedule, scope, budget, and quality over the term of the Agreement. Current design budget status, as well as projections, will be developed. Periodic monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work element is intended to help monitor costs and budgets, and to propose corrective actions. This may include formal scope and /or budget modifications if mutually agreed. The CONSULTANT's Project Manager will maintain communication with the CITY's Project Manager and the CONSULTANT's Project Team via informal meetings, telephone discussions, electronic mail and other means necessary. SharePoint will be used to share documents and submittals. 1.1 Project Kick -off and Coordination The CONSULTANT will coordinate execution of the project and meet periodically with the CITY Project Manager and staff. Some of the tasks include: • Conducting a kickoff meeting at the beginning of the project. • Developing the project schedule and updating it as changes occur. • Meeting with the CITY Project Manager and /or staff periodically, including design review coordination at each submittal, including the rehabilitation alternatives report, and 30, 60, and 90% of the final design. 1.2 Subconsultant Coordination The CONSULTANT will provide direction of the SUBCONSULTANT and review of their work over the course of the project. Monthly monitoring of the SUBCONSULTANT's design budget will occur over the course of the project. Current status, as well as projections, will be developed. This work element is intended to help monitor costs and budgets, and to propose corrective actions. This may include formal scope and /or budget modifications if mutually agreed. 1.3 Project Monitoring and Reporting The CONSULTANT's project manager will provide direction to the project team, including subconsultants, and conduct project coordination meetings with appropriate task leaders. The project manager will monitor the project planned budget versus actual progress and take corrective South Boeing Access Road Bridge Rehabilitation Project 3 JACOBS` Scope of Work (Continued) actions if necessary. Jacobs will prepare and submit monthly invoices and a brief progress report to reflect progress over the last billing period and anticipated activities over the next billing period. 1.4 Quality Control /Quality Assurance Review This work element is for QC /QA review of deliverables by a designated QC /QA staff member of the CONSULTANT team. The review will cover documents; reports; plans, specifications, and cost estimates; and pertinent information on an ongoing basis. The program entails the periodic review of study criteria, design, and assumptions, as well as concepts and presentation of product format; and assures that the overall project objectives are being fulfilled. The following levels of structural review will be performed for the seismic analysis and design: • Bridge Assessment & Rehabilitation Evaluation Check — The checker verifies the inspection details, rehabilitation alternatives and recommendations. • Structural Design Check — The design checker verifies the correctness of the analysis input and design calculations. • Plans Check — The checker performs the plan check for the geometry, dimensions, and final quantities. • Constructability Check — The design team performs a review of the plans. Assumptions: • The CONSULTANT'S Project Manager and /or project engineer will meet (face-to-face) with the CITY Project Manager on a monthly basis. • Internal project team coordination meetings will be held on a monthly basis during project duration. Deliverables: • Monthly Invoices and Progress Reports • Project Schedule (as updated) • Meeting Minutes PHASE 1— BRIDGE REHABILITATION ALTERNATIVES EVALUATION 2.0 Bridge Deficiency Assessment Initially, the CONSULTANT will gather information pertinent to the project, including as -built drawings, bridge inspection reports, maintenance records, load rating, and utilities on the bridge. In order to assess the bridge deficiencies, the CONSULTANT will provide an in -depth inspection of the bridge early in the design phase. The inspection needs to be closely coordinated with BNSF and UPRR for flagging and temporary right -of -entry purposes. This in -depth inspection will identify all of South Boeing Access Road Bridge Rehabilitation Project 4 JACOBS Scope of Work (Continued) the deficiencies that are readily accessible and observable, and will provide an assessment of the bridge condition. Assumptions: • The CITY will provide the existing information on the project as available from the record, including from the City, WSDOT H &LP, and King County. ■ The City will provide Traffic Control Deliverables • Structural Assessment Report • Photos of the bridge and site conditions 3.0 Survey and Mapping (1 Alliance Goematics) 3.1 Survey Project Management, QA /QC, and Administrative This task involves the overall survey project management, quality management, and administrative duties necessary for a successful project. Sub tasks include: a. Project kick -off meeting b. Communication and coordination c. Supervision and QA /QC d. Billing and Progress Reporting 3.2 Geodetic Survey Control (Datum and Coordinate System) This task involves the necessary research of datum and coordinate system, location of current monuments, and the field and office effort required to establish a survey -grade control network from which to perform the field surveying and mapping. Sub tasks include: a. Research i. Datum and Coordinate System 1. Horizontal = NAD 83/91 2. Vertical = NAVD88 ii. Tukwila Survey Control 1. Horizontal 2. Vertical b. Establish Site Survey Control (Field Effort) by GNSS and ground traverse methods c. Process Survey Control (Office Effort) to check and adjust to industry standards 3.3 Field Surveying and Mapping This task involves the fieldwork necessary to complete a topographic mapping survey of the project area. This area is approximately 500 feet in length and 100 feet in width. Sub tasks include: a. Top of Deck Mapping b. Locate Geo Tech Borings c. Cross - Sections and Ground Shots d. Columns /Abutments /Walls /Beams /Pier Caps e. Locate accessible surface observable utilities within the project limits South Boeing Access Road Bridge Rehabilitation Project 5 JACOBS Scope of Work (Continued) f. Locate any underground utility paint, by others g. Structure Attachments as necessary 3.4 Office Processing and Deliverable Generation This task involves the coordination and acquisition of existing 'legacy' data, the processing of newly acquired data, and the merging of the data sets into an electronic AutoCAD Civil 3D topographic base map. Sub tasks include: a. Acquiring free LiDAR from the Puget Sound LiDAR Consortium b. Acceptance of relevant City of Tukwila GIS files c. Processing and quality checks of newly acquired data d. Generation of deliverable Assumptions: • Right -of -Entry shall be granted to lAlliance personnel • Sub - surface utility locates shall be provided by others • No boundary work, including easements or legal descriptions, will be required for this project Deliverables: • Electronic AutoCAD Civil 3D topographic base map 4.0 Geotechnical Investigation (Shannon & Wilson) Based on borings drilled for the nearby Sound Transit South Boeing Access bridge and borings for the existing bridge, sandstone bedrock would be encountered at a relatively shallow depth on the east side of the existing bridge. However, the subsurface conditions on the west side of the existing bridge consist of approximately 45 to 65 feet of loose sand and silty sand that is followed by weathered sandstone and siltstone. The depth to competent sandstone could vary between 70 and 85 feet. Additional deep foundation support may be required for bridge rehabilitation to provide the additional required axial and lateral resistance. The upper 45 to 65 feet of loose sand and silty sand would likely be liquefiable and would provide minimal axial and lateral resistance. To provide suitable axial and lateral resistance and mitigate vibration impacts from driven piles on the existing bridge, drilled shafts or micropiles would likely be preferred. Therefore, axial and lateral resistance of the deep foundations would be obtained from a rock - socketed drilled shaft or micropile founded in the sandstone. Our scope of services presented below is based on this understanding of the subsurface conditions. The geotechnical investigation will be completed for the following tasks in a timely manner and completed within the overall design schedule. 4.1 Review Existing Data • Review available geotechnical reports and data from the previous projects in the vicinity of the project site. ■ Review available LIDAR data and geologic maps. 4.2 Geological Field Reconnaissance South Boeing Access Road Bridge Rehabilitation Project JACOBS Scope of Work (Continued) • Geologic reconnaissance carried out by a geologist to locate the field explorations and review the abutment slopes. 4.3 Geotechnical Investigation • Drill three to four borings. Borings on the east and west sides of the bridge would extend to depths of approximately 40 feet and 100 feet, respectively. All borings would core at least 20 feet into suitable sandstone rock. • Locate proposed borings at the site and retain an underground utility location service to mark the position of the underground utilities. Relocate borings as required based on the results of the utility location service. • A truck mounted drill rig will be used to reach the proposed boring locations. Drilling will be performed from the existing roadway. We would core through the existing bridge deck for borings at the intermediate piers. • Coordinate with the CITY to obtain street - use - permits and traffic control plans. • Coordinate with BNSF and UPRR for flagging and temporary right -of -entry purposes. • Obtain Standard Penetration Test (SPT) samples and rock core. Rock Quality designation (RQD) and percent recovery would be recorded for all rock core runs. • Review soil samples in laboratory and carry out index testing (Atterberg Limits, grain size and moisture content). • Review rock core runs in laboratory and carry out rock testing (Unconfined Compressive Strength, Density, and moisture content). 4.4 Geotechnical Analysis • Develop one subsurface profile using new and existing borings. • Compute design response spectrum for a ground motion with a 7 percent probability of exceedance in 75 years (1,000 -year average return period). The design ground motion response spectrum will be determined using the current AASHTO Standards and the probabilistic seismic hazard analysis performed by the US Geological Survey. The boring data will be used to determine the site class of the bridge area. Based on our understanding of the subsurface conditions, it is likely that the east and west side of the bridge would have a different site class. We will discuss the implications of site class selection with the structural engineer. • A liquefaction analysis will be conducted to estimate the liquefaction potential of soil encountered in the borings. • Slope stability analyses will be performed for static, seismic, and post- seismic loading conditions. If necessary the dynamic loading of the bridge piers due to a slope failure will be determined. • Axial static, seismic, and post- seismic resistance of the existing deep foundations will be reviewed. A similar axial analysis will be performed for drilled shaft or micropile foundations that could be required for the rehabilitation. Axial analysis plots will be South Boeing Access Road Bridge Rehabilitation Project 7 JACOBS Scope of Work (Continued) developed for two drilled shaft or micropile diameters. Foundation analyses will consider downdrag loads caused by liquefaction- induced settlement. • We will provide lateral soil resistance foundation parameters for static, seismic, and post - seismic conditions. The structural engineer would perform the lateral deep foundation analysis. • Spring constants will be provided to structural engineers for their seismic bridge structural analysis. Assumptions: ■ Borings can be advanced on the CITY right -of -way. • All drilling would occur during normal daytime work hours and there are no time restrictions for drilling. ■ Environmental monitoring or testing of soil samples is not required. Deliverables: • Draft Geotechnical Report. Report to include details of geotechnical investigation and preliminary foundation recommendations. • Final Geotechnical Report 5.0 NEPA DCE and Permitting (Widener & Associates) The use of federal funding will trigger the National Environmental Policy Act (NEPA) review process. The project impacts may not rise to the level of having potentially regional significance; therefore, NEPA DCE may be the best level of documentation. Prior to receiving NEPA approval, a few issues will be documented, including the supporting documentation for historic and archeological resources per Section 106 and a jurisdiction determination per the USACE requirements of a potentially sensitive area on the southwest quadrant of the project. Due to the potential historic nature of the bridge itself, a 4(f) evaluation may be required for the project. For the BRAC- funded project, it is likely that WSDOT and FHWA will allow a Programmatic 4(f) if one is necessary. This project is also likely to be exempt from consultations under Section Seven of the Endangered Species Act. All of these processes will need to be completed with FHWA as the lead agency and involve coordination with the governing resource agencies to obtain approvals of the above supporting documentation. Once the federal documentation is completed we will use this information to support the SEPA process by completing a SEPA checklist and referencing all the approved NEPA documentation. It is likely this project will be approved with a SEPA Mitigated Determination of Nonsignificance (MDNS). South Boeing Access Road Bridge Rehabilitation Project 8 JACOBS` Scope of Work (Continued) Deliverables: • Section 106 Report • Hazmat Memo • Section Seven No Effect Determination • EJ memo • ECS • SEPA Checklist and Sensitive Area's Report 6.0 BNSF and UPRR Coordination (MCLogistics) We will coordinate with BNSF and UPRR to keep them in the loop at all times, especially after the submittal of the Bridge Rehabilitation Alternate Technical Memorandum and the City's selection of the alternative of choice for advancement to full design. We will assist the City Staff to obtain a Construction and Maintenance (C &M) agreement with the railroads. It is essential to bring BNSF and UPRR to the table early in the design process to avoid the risk of project delays and to obtain a C &M agreement. The horizontal and vertical alignment will be reviewed to ensure that all standards are met and that railroad clearances are maintained both horizontally and vertically. Design will be provided for a work platform to be placed under the bridge during construction. There appears to be a 3' -3" vertical space available at present (BNSF -UP Railroad Guidelines require 21' -0" vertical clearance during construction). A strategy for staged construction, if desired by the City, will be developed for the construction phase of the project. Deliverables: • Construction and Maintenance (C &M) Agreements with the railroads 7.0 Design Alternatives for Roadway /Pedestrian /Bicycle Lanes The Boeing Access Road between East Marginal Way and Martin Luther King Way is designated in the City's non - motorized "Walk and Roll" plan as a future "bicycle friendly" route, with future planned trails also tying in along the south side. No bicycle facilities currently exist within the corridor, and only intermittent sidewalks are present along the southern side of the alignment. Existing challenges to non - motorized connectivity and safety include restrictive widths crossing three bridge structures, vehicle speeds exceeding 40 mph (signed speed limit), heavy truck volume, and multiple on -off ramps from Airport Way, 1 -5, and Martin Luther King Way. South Boeing Access Road Bridge Rehabilitation Project 9 JACOBS Scope of Work (Continued) We will develop preliminary bicycle and pedestrian concepts / alternatives that safely and uniformly connect the entire Boeing Access Road corridor between East Marginal Way and Martin Luther King Way that can then be programmed, designed, and constructed over time as funding becomes available. We will coordinate with the CITY, prior to making any single non - motorized improvement to this segment, that a plan for the entire corridor that facilitates the "Walk and Roll" is supported by the City's stakeholders. One alternative to consider is a single non - motorized path along the south side of the corridor. Reasons to consider this alternative are: a) less total width is required to establish multi -use bicycle /pedestrian facilities along one side than segregated facilities along both sides — therefore less widening and /or lane narrowing; b) the south side of the corridor crosses only three on /off ramps (versus five on the north) — therefore minimizing the number of vehicle conflict points; c) the south side of the bridge can be more easily widened; and d) the City's plan shows future connection to planned trails adjacent the south side of the corridor. Deliverables: • Preliminary Plans for non - motorized paths • Discussion on evaluation of non - motorized paths in the Design Report 8.0 Bridge Rehabilitation /Seismic Retrofit Alternatives Evaluation Upon assessment of the structure conditions from the in -depth inspection, we will perform evaluate feasible bridge rehabilitation alternatives in accordance with the requirements of the WSDOT LAG Manual. Some of the specific rehabilitation items may include, but not limited to: • Feasibility of bridge widening to accommodate non - motorized paths along the bridge corridor; • Repair or replacement of the transverse expansion joints and longitudinal joints; • Repair or replacement of the poor column to bridge superstructure connection at Pier 3 (expansion joint between concrete and steel girders); • Replacement of the steel rocker bearings for the steel girders; • Repair or replacement of the damaged concrete barrier at the southeast corner. The CONSULTANT will also perform seismic analysis to identify seismic vulnerabilities, using current AASHTO design level ground motions (1,000 -year return period). If vulnerabilities are found, retrofit alternatives and recommendations, along with associated costs, will be provided. Specific tasks in this phase include: South Boeing Access Road Bridge Rehabilitation Project 10 JACOBS Scope of Work (Continued) • Model the bridge and foundation structural response utilizing foundation springs developed by the geotechnical consultant base on the level of ground motion at all piers and abutments. • Determine the bridge displacement capacity using the Method D2— Structure Capacity /Demand (Pushover) Method of FHWA Seismic Retrofit Manual Section 5.6. • Determine the seismic demands on the structure using the Multimode Spectral Method of FHWA Seismic Retrofit Manual. • Model the bridge structure with appropriate foundation springs at all piers and abutments, which will be provided by the geotechnical study. • Determine Capacity /Demand (C /D) Ratios for all- relevant failure modes for all bridge elements, including but not limited to: Girders, columns, crossbeams, abutments, bearings, expansion joints, column to crossbeam connections, and drilled shafts. • Develop retrofit alternatives, to the extent possible, for the elements that are above or near the ground level, where they can be inspected after earthquake events. Recommended retrofit measures shall, to the greatest extent practical, result in post retrofit C/D Ratios that are greater than 1.0. • Prepare the findings and results of analysis and recommended retrofit alternatives along with associated costs in a technical memorandum and present to the CITY. Deliverables: • Preliminary Design Report (Technical Memorandum) — Prepare a draft memorandum that summarizes the analysis approach, rehabilitation and seismic retrofit alternatives, rehabilitation recommendations, and preliminary cost estimate. At the approval by the CITY, the report will be finalized and submitted to the CITY for record. • Presentation (Optional) — If desired by the CITY, a presentation will be made by the CONSULTANT to the CITY to overview the overall conditions of the bridge, in -depth inspection, rehabilitation alternatives, seismic analysis and retrofit alternatives, and recommendation along with estimated costs. PHASE 2 - FINAL DESIGN (PS &E) Upon completion of the preliminary engineering for bridge rehabilitation and seismic analysis phase and approval of the Design Report by the CITY, the CONSULTANT will prepare the final design /PS &E documents for the seismic retrofit measures recommended and selected at the previous phase. The final PS &E documents will be prepared and submitted to the CITY for review and comments at 30 %, 60 %, 90 %, pre - final, and the final completion levels. 9.0 Conceptual Design Review Submittal (30% Design Plans) South Boeing Access Road Bridge Rehabilitation Project 11 JACOBS Scope of Work (Continued) Develop preliminary bridge rehabilitation and seismic retrofit plans in accordance with the recommendations in the Design Report. The Plans will show the major features of all retrofit design elements, dimensions, existing conditions relative to the proposed retrofits, and other critical elements. The CONSULTANT will also update the construction cost estimate from the Phase 1 work to ensure the overall project Assumptions: • The Plans will be prepared in the City of Tukwila standard title block. Deliverables: • Conceptual design plans (11 "x17" sheets) • Preliminary construction cost estimate 10.0 60% Design Plans This will be a progress submittal of design plans to provide an update for the CITY staff on the design progress. All plans sheets will be developed and included in this submittal. Deliverables: • 60% Design Plans (11 "x17" sheets) • Preliminary construction cost estimate 11.0 90% Design PS &E Documents The CONSULTANT will prepare the PS &E documents incorporating the responses to the review comments from the 60% submittal and bring the design to a 90% level completion. This submittal will be reviewed by the CITY staff to assure conformance with the CITY standards and WSDOT Highways & Local Programs guidelines. The submittal will include: • Cover sheet including project title and a vicinity map; • Bridge layout, elevations, and details that will clearly show all information needed to construct retrofits, requiring only minor edits to advance the plans to contract quality. • Prepare Post - Retrofit C/D ratios for all applicable bridge elements and failure modes. • List of bid items; • Estimate of Probable Construction Cost and Quantities with backup calculations for quantity calculations. • Contract documents and specifications including Special provisions and listing of CITY standard specifications, with fill -ins. Assumptions: • The CITY will provide the boilerplate for the Division 1 of the Contract Provisions. • Specifications will be based on the 2012 Edition of WSDOT Standard Specifications with the current amendments South Boeing Access Road Bridge Rehabilitation Project 12 JACOBS Scope of Work (Continued) Deliverables: • 90% Plans (half -size 11 "x17 "), Specification and Estimate 12.0 100% PS &E Documents The CONSULTANT shall prepare the following in accordance with the CITY's review comments from the 90% final design and coordination meeting and in accordance with regulatory agency permit conditions: • Prepare Final Documents incorporating responses to 100% PS &E comments from CITY staff. • Transmit 100% Design Plans, Project Provisions, Special Provisions, and Estimate of Probable Construction Cost to CITY for final review. ■ Preparation of a final list of bid items, quantities, and a construction cost estimate for a set of signed and reproducible construction contract documents. Assumptions: ■ The number, format, and tent of plan sheets will generally remain unchanged • CITY's review at this stage is for the purpose of verifying that comments transmitted at 90% completion stage were incorporated into the 100% documents, as mutually agreed. It is assumed that "additional" design comments will not be generated at this stage. Deliverables: • 100% Plans (half -size, 11 "x17 "), Specifications and Estimate • Final structural calculations with in electronic file (on CD) 13.0 Ad -Ready Contract Documents The CONSULTANT will incorporate comments from 100% submittal and then assemble all plan sheets, general and special provisions, cost estimates, and associated documentation for submittal as an Ad -Ready PS &E package. The CONSULTANT will upload plans and specifications to Builders Exchange. Deliverables: • Ad -Ready Plans (three copies in full -size 22 "x34 ") • Bid documents with half -size Ad -Ready Plans (11 "x17 ") and specifications bound together with bid schedule, standard details, prevailing wage information, all necessary appendices ■ Bid submittal packet • Engineer's Estimate 14.0 Assistance during Bid Period The CONSULTANT shall provide assistance during the ad period for construction bids consisting of attending a pre- construction meeting, answering bidder questions and preparing addenda. Review low bid and check references. South Boeing Access Road Bridge Rehabilitation Project 13 JACOBS Scope of Work (Continued) PHASE 3 - CONSTRUCTION SUPPORT The CONSULTANT will provide engineering services during the construction phase of the project. The CONSULTANT will be responsible for interpreting the contract plans and specifications and giving guidance to the CITY regarding the intent of the design. The following tasks are currently identified but the details will be negotiated at the end of Phase 2, prior to construction start: • Review shop drawings • Review construction materials and other submittals • Respond to RFIs from the Contractor and CITY staff; • Review structural calculations prepared /proposed by the Contractor • Provide answers to bridge construction questions • Site visits as requested by the CITY • Attend construction meetings as requested by the CITY • Assist the CITY in conflict resolution (if any) • Assist the CITY in preparation of change order (if any) • Prepare as -built drawings. 15.0 Bridge Load Rating Report At the conclusion of the construction activities, our design team will prepare a load rating report reflecting the completed rehabilitation work. The report will serve as documentation of the improvements attained from implementing the bridge rehabilitation work. The load rating report will be prepared in accordance with the latest edition of the WSDOT Bridge Design Manual. South Boeing Access Road Bridge Rehabilitation Project 14 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 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 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. EHIBIT E -1 Consultant Fee Determination - Summary Sheer (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project Name Consultant: Direct Salary Cost (DSC): Name Kevin Kim Moein El -Aarag Niftalem Bekit Hana D'Acci Bonnie Prather Rachael Altona Curtis Black Tim Hedges Andrea Stott Brooksie Barton Aaron Sherry Collin Cabatbat Boeing Access Road Over BNRR Bridge Rehabilitation Jacobs Engineering Group Inc. Classification Hours DSC Total Project Manager 790 $ 88.57 $ 69,970 Sr. Structural Engineer 1074 $ 63.08 $ 67,748 Structural Engineer 1578 $ 39.30 $ 62,015 Design Engineer 1480 $ 27.40 $ 40,552 CADD Technician 1098 $ 42.79 $ 46,983 Project Assistant 57 $ 23.69 $ 1,350 Project Controls 60 $ 45.70 $ 2,742 Roadway Lead 128 $ 70.69 $ 9,048 Roadway Engineer 29 $ 48.60 $ 1,409 Signal Engineer 64 $ 47.50 $ 3,040 Drainage Engineer 48 $ 53.09 $ 2,548 Civil Engineer 250 $ 28.50 $ 7,125 Overhead (OH Cost - including Salary Additives) OH Rate x DCS of Fixed Fee(FF) FF Rate x DCS of Reimbursable: Mileage Reproduction (copies, plots Ect.) Miscellaneous Subconsultants Costs (See Exhibit G): 118.43% 30% Total DCS $ 314,532 $ 372,501 $ 94,360 $ 200 $ 4,000 $ 340 $ 4,540 $ 231,839 Grand Total $ 1,017,772 EXHIBIT F BREAKDOWN OF OVERHEAD COST SEE ATTACHED � Washington State �I/ Department of Transportation Lynn Peterson Secretary of Transportation September 19, 2013 Kathy Blackmon, Compliance Manager Jacobs Engineering Group, Inc. 777 Main Street Fort Worth TX 76102 -5300 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360 -705 -7000 TTY: 1-800-833-6388 www.wsdot.wa.gov Re: Jacobs North American Infrastructure (NAI) Indirect Cost Rate Schedule Fiscal Year End September 28, 2012 Corrected Letter Dear Ms. Blackmon: We have made a correction to your Indirect Cost Rate schedule for the above referenced fiscal year. We originally issued a review rate letter on September 19, 2013. A correction has been made to Jacobs North American Infrastructure (NAI) to accurately reflect actual costs for the business unit, Jacobs NAI. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Jacobs NAI accounting system and the basis of indirect costs. Based on our review, we are issuing this corrected letter of review establishing Jacobs NAI Indirect Cost Rate for the fiscal year ending September 28, 2012, at 118.43% of direct labor for home rate and 94.77% of direct labor for field rate. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and /or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you, or any representatives of Jacobs NAI, have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705 -7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:It Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File EXHIBIT G SUBCONTRACTED WORK The CITY permits subcontracts for the following portions of the work of the AGREEMENT: SUBCONSULTANT WORK DESCRIPTION AMOUNT 1 Alliance Geomatics Surveying and Mapping $ 12,833 MCR Logistics Rail Coordination $ 10,413 Shannon & Wilson Geotechnical investigation $ 84,627 TranTech Bridge inspection & Load rating $ 72,326 Widener & Associates Environmental documentation $ 51,640 TOTAL = $ 231,839 EXHIBIT G -1 SUBCONSULTANT FEE DETERMINATION PROJECT: South Boeing Access Road Bridge Rehabilitation COMPANY NAME: 1 Alliance Geomatics NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Principal Surveyor 3 x $ 151 $ 453 Survey Project Manager 8 x $ 121 $ 968 Project Surveyor 14 x $ 111 $ 1554 Technician V (Field) 40 x $ 88 $ 3520 Technician III (Field) 40 x $ 69 $ 2760 Tech V (CAD) 38 x $ 88 $ 3344 Admin 2 x $ 55 $ 110 Some rates may vary depending on personnel utilized. REIMBURSABLES: Misc disbursements (mileage, printing costs and the like) Mileage at 44 miles at $0.565 = $25 Misc. consumable supplies, wood, flagging, paint nails, printing, etc estimated at $99 TOTAL = $ 12,709 TOTAL = $ 124 GRAND TOTAL: = $12,833 EXHIBIT G-1 SUBCONSULTANT FEE DETERMINATION PROJECT: Boeing Access Road Over BNRR Bridge Rehabilitation COMPANY NAME: MCR Logistics NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Railroad Coordinator 114 x $90 $10,260 TOTAL = $10,260 Some rates may vary depending on personnel utilized. REIMBURSABLES: Mileage = $153 GRAND TOTAL: = $10,413 EXHIBIT G -1 SUBCONSULTANT FEE DETERMINATION PROJECT: Boeing Access Road Over BNRR Bridge Rehabilitation COMPANY NAME: Shannon and Wilson NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Principal in Charge 11 x $230 $2,530 Associate 52 x $170 $8,840 Senior Engineer 33 x140 $4,620 Project Engineer 204 x $110 $22,440 Drafter 18 x95 $1,710 Clerical 9 x$80 $720 TOTAL = $40,860 Some rates may vary depending on personnel utilized. REIMBURSABLES: Drilling = $39,366 Soil Laboratory Testing = $4,252 Misc disbursements (mileage, printing costs and the like) = $149 TOTAL = $43,767 GRAND TOTAL: = $84,627 EXHIBIT G -1 SUBCONSULTANT FEE DETERMINATION PROJECT: Boeing Access Road Over BNRR Bridle Rehabilitation COMPANY NAME: TranTech NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Senior Engineer 200 x $163 $32,600 Staff Engineer 320 x $94 $30,080 CAD Tech 8 x102 $816 Clerical 24 x $55 $1,320 TOTAL = $64,816 Some rates may vary depending on personnel utilized. REIMBURSABLES: Bridge Access Equipment Rental with Operator = $7,000 Misc disbursements (mileage, printing costs and the like) = $500 TOTAL = $7,500 GRAND TOTAL: = $72,326 EXHIBIT G -1 SUBCONSULTANT FEE DETERMINATION PROJECT: Boeing Access Road Over BNRR Bridge Rehabilitation COMPANY NAME: Widener & Associates NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Project Manager 139 x $154.00 $21,406 Project Biologist 308 x $86.80 $26,734 TOTAL = $48,140 Some rates may vary depending on personnel utilized. REIMBURSABLES: Cultural Resource Report = $3,500 GRAND TOTAL: = $51,640 EXHIBIT G -2 SUBCONSULTANT FEE DETERMINATION - SUMMARY SHEET (SPECIFIC RATES OF PAY) FEE SCHEDULE SEE ATTACHED MBE /DBE 1 ALLIANCE GEOMATICS SURVEYING & MAPPING 01 October 2013 Kevin S. Kim, P.E., S.E. JACOBS 600 108th Ave NE, Suite 700 Bellevue, WA 98004 Subject: Hourly Rate Statement for "South Boeing Access Road Bridge Rehabilitation Project" Dear Kevin, Please consider this letter to be a statement of rates for 1Alliance Geomatics. It covers consulting work for the City of Tukwila Public Works on efforts related to surveying and mapping for this project. "South Boeing Access Road Bridge Rehabilitation" 1Alliance is a six - person firm with no calculated overhead rate. We charge a flat hourly fee for services that is all- inclusive of direct salary, overhead, and fee. The hourly fees offered for this contract are the standard fees we offer for preferred clients. • Principal Surveyor - $151 • Survey Project Manager - $121 • Project Surveyor - $111 • Technician V (Field) - $88 • Technician III (Field) - $69 • Tech V (CAD) - $88 • Admin - $55 We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please call at 253.981.4554. Sincerely, 1Alliance Geomatics Jason Nakamura, PLS President MCR Logistics LLC October 1, 2013 Kevin Kim, P.E. Project Engineer JACOBS 600 108th Ave. NE, Suite 700 Bellevue, WA 98004 Subject: Hourly Rate Statement Tukwila, WA. — Boeing Access Road bridge Rehabilitation Dear Mr. Kim: Below are the highest anticipated hourly billing rates for the Boeing Access Road Bridge Rehabilitation project. These rates are fully burdened and are the lowest rates charged to our clients. Classification Hourly Billing Rate Railroad /Agency Liaision $ 90.00 All direct reimbursable non salary costs will be invoiced without markup. All travel costs will comply with the rules and regulations regarding travel costs in accordance with the current WSDOT Accounting Manual M 13 -82, Chapter 10. Sinperely, , 0 , 141-1 MCR Logistics LLC J. M. (Mike) Cowles Principal Widener & Associates Transportation & Environmental Planning 1010832 "`Avenue 66 'Ste D Everett, WA 98204 -1302 Tel (425) 348 -3059 Fax (425) 348 -3124 September 26, 2013 JACOBS 600 108th Ave. NE Ste 700 Bellevue, WA 98004 Subject: Hourly Rate Statement Dear Kevin Kim, Project Manager Please consider this letter to be a statement of rates for DGK Inc. DBA Widener & Associates (Widener). It covers consulting work for; City of Tukwila Public Works on issues related to environmental permitting and coordination for this project. "Boeing Access Road over BNRR Bridge Rehabilitation" Widener is a five - person firm with no calculated overhead rate. We charge a flat hourly fee for services that is all- inclusive of direct salary, overhead and fee. The hourly fees offered for this contract are the lowest fees we offer for preferred clients. I also confirm that all direct nonsalary costs will be invoiced without mark -up. • Project Manager - $154.00 • Biologist - $86.80 We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please call at 425 -503 -3629. Ross L Widener Vice President WIDENER & ASSOCIATES EXHIBIT G -3 BREAKDOWN OF SUBCONSULTANT OVERHEAD COST See Attached • Washington State • �® Department of Transportation Lynn Peterson Secretary of Transportation July 9, 2013 Jeannie Brozik, Accounting Manager Shannon & Wilson, Inc. 400 N 34th St, Suite 100 PO Box 300303 Seattle WA 98103 -8600 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360 - 705 -7000 TTY: 1 -800- 833 -6388 vwwd.wsdot.wa.aov RE: Shannon & Wilson, Inc. Indirect Cost Rate Schedules Fiscal Year End December 31, 2012 Dear Ms. Brozik: We accept the audit work performed by CPA Consulting, Inc. P.S. related to the Indirect Cost Rate schedule for the above referenced fiscal year for Shannon & Wilson, Inc. Our office did not review the work performed by CPA Consulting, Inc. P.S. The schedule was audited by the CPA Consulting, Inc. P.S. for compliance with Part 31 of the Federal Acquisition Regulations. CPA Consulting, Inc. P.S. accepted an Indirect Cost Rate for the year ended December 31, 2012, at 193.40% (rate includes Facilities Cost of Capital of 0.198 %) of direct labor. Based on the work performed by the CPA, we are issuing this letter establishing Shannon & Wilson, Inc. Indirect Cost Rate for the fiscal year ending December 31, 2012, at 193.40% (rate includes Facilities Cost of Capital of 0.198 %) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). Ms. Brozik Shannon & Wilson, Inc. July 9, 2013 Page 2 If you, or any representatives of Shannon & Wilson, Inc., have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360) 705 -7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosure cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File ei IOW 11WWashington State Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation November 17, 2011 Khashayar Nikzad, Owner TranTech Engineering, LLC 12011 NE 1st Street, Ste 305 Bellevue, WA 98005-4830 Re: TranTech Engineering, LLC Overhead Schedule Fiscal Year End December 31, 2010 Dear Mr. Nikzad: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360- 705 -7000 TTY: 1- 800 - 833 -6388 www.wsdot.wa.gov We have completed a desk review of your overhead schedule for the above referenced fiscal year. Our review included the documentation provided by TranTech Engineering, LLC. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of TranTech Engineering, LLC's accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing TranTech Engineering, LLC's overhead rate for the fiscal year ending December 31, 2010, at 146.26% of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and /or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). Also, remember that when you provide next year's overhead schedule to our office, you will also need to submit your Compensation Analysis for review. This analysis must be in compliance with the steps listed in the AASHTO Audit Guide, Chapter 7. We will need your Compensation Analysis in order to complete our review of your overhead schedule. Mr. Nikzad November 17, 2011 Page 2 If you, or any representatives of TranTech Engineering, LLC, have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705 -7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File 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 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. 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 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 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 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. Exhibit M -1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am Donald K. Nelson and duly authorized representative of the firm of Jacobs Engineering Group Inc. whose address is 600 - 108th Avenue NE, Suite 700, 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; (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. /0/ 3//3 Date DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 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. /oio.-3 Date DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 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): Jacobs Engineering Group Inc. (Date) DOT Form 140 -089 EF Exhibit M -2 Revised 6105 (Signature) President or Authorized Official 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 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): Jacobs Engineering Group Inc. /0/3/73' (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Boeing Access Road Over BNRR Bridge Rehab * are accurate, complete, and current as of October 3, 2013 * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm Jacobs Engineering Group Inc. Name Title Operations Manager Date of Execution * ** October 3, 2013 * 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