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13-162 - David Evans and Associates - Manufacturing/Industrial Center Smart Street Non-Motorized Design
Wm Washington State Department of Transportation 13-162(a) Council Approval N/A Supplemental Agreement pp g Number 1 Organization and Address David Evans and Associates, Inc. 415 - 118th Avenue SE Bellevue, WA 98005 Phone: (425) 519 -6500 Original Agreement Number City Contract No. 13 -162 �) Project Number DEA Project #TUKA0000 -0010 Execution Date 10/10/2013 Completion Date 12/31/2014 Project Title Tukwila MIC Smart Street Non - Motorized Design New Maximum Amount Payable $ 104,886.00 Description of Work Consultant services during the construction phase of the PROJECT may include, but are not limited to: attendance at coordination meetings, preparation of design updates, review of the contractor's material submittals, and other services as requested by the CITY. The Local Agency of the City of Tukwila desires to supplement the agreement entered into with David Evans and Associates, Inc. and executed on 10/10/2013 and identified as Agreement No. 13 -162 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: See the attached "Fxhihit A -1" for the Scope of Services 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: There is no change to the project end date 111 Section V, PAYMENT, shall be amended as follows: $12 fi95 00 in unused fiends from the mein agreement will he transferred to Construction Support Services in order to complete the project The contract's maximum amount payable will not ch2ngt See the attached "Exhibit F -2" for the fee estimate 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: Manuel Feliherti P R_ By: DOT Form 140 -063 EF Revised 9/2005 Consultant Signature PY t5fr11 IU0,1Y proving Authority ignature 9 -9- Date / 574-0 f S EXHIBIT A -1 SCOPE OF WORK CITY OF TUKWILA Design Construction Support for Tukwila Manufacturing Industrial Center "Smart Street" Non - Motorized Project Prepared by: David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 August 20, 2014 TABLE OF CONTENTS SECTION 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1 1.01 Project Description 1 1.02 Project Deliverables Furnished by the CONSULTANT 1 1.03 Responsibilities and Services Provided by the CLIENT 1 1.04 Project Assumptions 1 SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 1 2.01 Project Management 1 2.02 Monthly Invoices /Progress Reports 2 2.03 Coordination with the CITY 2 2.04 Quality Assurance /Quality Control Review 2 SECTION 3.00 DESIGN CONSTRUCTION SUPPORT ASSISTANCE 2 3.01 Coordination Meetings 2 3.02 Design Support 2 3.03 Submittal Review 3 3.04 Record Drawings 3 P: ItITUKA000000101000000N10030Contract \Construction Support\Tukwila - MIC Construct Support Scope_2014-0820.docx City of Tukwila i Scope of Services Tukwila Manufacturing Industrial Center "Smart Street" Non- Motorized Project August 20, 2014 SECTION 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1.01 Project Description The following scope of services is for David Evans and Associates, Inc. (CONSULTANT) to provide the City of Tukwila (CITY) with design construction support services for the Manufacturing Industrial Center (MIC) "Smart Street" Non - Motorized Project (PROJECT). Consultant services during the construction phase of the PROJECT may include, but are not limited to: attendance at coordination meetings, preparation of design updates, review of the contractor's material submittals, and other services as requested by the CITY. 1.02 Project Deliverables Furnished by the CONSULTANT The CONSULTANT shall maintain a project file for pertinent work items. The CLIENT review sets will be returned with each subsequent revision, illustrating that each review comment has been addressed as stated or how /why it was not addressed. The CONSULTANT shall deliver the following documents and products to the CLIENT as part of this agreement: • Monthly progress reports and invoices • Response to Request for Information (RFIs) • Drawing revisions • Contractor Submittal Reviews • Record Drawings 1.03 Responsibilities and Services Provided by the CLIENT The CLIENT will: • Provide direction of work tasks to the CONSULTANT. 1.04 Project Assumptions • The duration of the PROJECT as outlined in this Scope of Work document is assumed to be two (2) months. • The total authorized budget shall guide the amount of construction design support services that may be provided. The CONSULTANT shall have the ability to allocate budget within the possible tasks in order to provide requested on -call services to the CITY. • If requested, scopes of services for future and /or additional PROJECT- related work activities will be covered under an amended or separate agreement. SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2.01 Project Management Direction of the CONSULTANT staff and review of their work over the course of the PROJECT shall be provided. This work element includes preparing monthly progress reports that include the status of individual work elements, number of meetings attended, outstanding information required, and work items planned for the following month. P: ItITUKA000000101000000M0030ContractlConstruction Support\Tukwila - MIC Construct Support Scope_2014-0820.docx City of Tukwila 1 Scope of Services Tukwila Manufacturing Industrial Center "Smart Street" Non - Motorized Project August 20, 2014 Monitoring of the CONSULTANT's budget will occur over the course of the PROJECT. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions may include formal requests for increases, modifications, or reductions in scope and /or budget. Drawings and documents received and generated over the course of the PROJECT require review, coordination, and file management. The status of requested information will also be maintained. 2.02 Monthly Invoices /Progress Reports Monthly invoices will be prepared by the CONSULTANT per CLIENT requirements for work activities for the prior month. These invoices shall also include SUBCONSULTANT work and will be accompanied by monthly progress reports. Invoices will include back -up material for all expenses and will show approved budget and amount expended to date. Deliverables: Monthly Invoices and Progress Reports (2 total). 2.03 Coordination with the CITY The CONSULTANT's Project Manager will coordinate with the CITY's Project Manager on a continual basis for the duration of the project. Means of communication will be meetings, e- mails, phone calls, and technical memos. Correspondence will be documented for the project file. 2.04 Quality Assurance /Quality Control Review This work element is for the QA /QC review of CONSULTANT deliverables by a designated QA /QC staff member of the CONSULTANT team. The review will cover documents, reports, PS &Es, and pertinent information on an on -going basis. The program entails the periodic review of study criteria, design, and assumptions, as well as concepts and presentation of product format, and assures that the overall project objectives are being fulfilled. SECTION 3.00 DESIGN CONSTRUCTION SUPPORT ASSISTANCE 3.01 Coordination Meetings The CONSULTANT shall attend coordination meetings at the CITY's request either at the City's offices, or at the project site, or via conference call to assist the CITY in addressing project issues. This work element also provides for the preparation, attendance, follow -up, and documentation of coordination meetings. These meetings will be the forums for the CITY staff and other stakeholders to provide input and guidance for the direction of the PROJECT. Assumptions: • It is assumed 2 coordination meetings are needed for 1 hour each, attended by 2 staff for each meeting. • Meeting minutes will not be prepared. 3.02 Design Support The CONSULTANT shall provide design support assistance on an as- needed basis over the course of the PROJECT. Design support may include providing: design clarifications, design revisions, assistance with responding to Request for Information (RFIs), or minor modifications to the Contract Plans. P: It\ TUKA000000101000000M0030Contract Construction Support\Tukwila - MIC Construct Support Scope_2014-0820.docx City of Tukwila 2 Scope of Services Tukwila Manufacturing Industrial Center "Smart Street" Non - Motorized Project August 20, 2014 Assumptions: • It is assumed 2 site visits are needed for 3 hours each, attended by 2 staff for each visit. • It is assumed 3 RFIs will be prepared. 3.03 Submittal Review The CONSULTANT shall provide submittal review assistance on an as- needed basis over the course of the PROJECT. Submittal review support may include: reviewing and providing input on the contractor's submittals of material, shop drawings, samples, traffic control plans, test reports, and other submittals for compliance with the Contract Documents. Assumptions: • It is assumed 4 submittals will be reviewed. • It is assumed the review duration for each submittal is 2 hours. 3.04 Record Drawings The CITY shall provide the CONSULTANT with the consolidated, red -lined drawings prepared by the contractor in accordance with Section 1 -05.5 of the Project Specifications. The CONSULTANT shall prepare an update to the electronic drawing files in accordance with the red -lined drawings, and submit to the CITY Record Drawings in formats as follows: 1) 1st Bond copy (1 copy for review, 22 "x34 "), 2) 2nd Bond copy (1 copy 22 "x34" final), 3) full -size Mylar copy (1 copy 22 "x34 "), 4) digital PDF copy, and 5) digital ACAD files. P: ItITUKA000000101000000M0030Contract \Construc lion SupportlTukwila - MIC Construct Support Scope_2014- 0820.docx City of Tukwila 3 Scope of Services Tukwila Manufacturing Industrial Center "Smart Street" Non - Motorized Project August 20, 2014 Exhibit E -2 CITY OF TUKWILA DESIGN CONSTRUCTION SUPPORT FOR MIC "STREET SMART" NON - MOTORIZED PROJECT Cost Estimate David Evans and Associates, Inc. Classification Hrs. x Rate = Cost 1 Project Manager (PMGR) 21 $ 188.07 $ 3,949 2 QA/QC Manager (MGPE) 3 $ 186.55 $ 560 3 Professional Engineer (PFEN) 25 $ 138.02 $ 3,450 4 Sr. CADD Technician (SCAD) 32 $ 109.20 $ 3,494 5 Administrative Assistant (ADMA) 7 $ 87.97 $ 616 6 Project Administrator (PADM) 4 $ 97.98 $ 392 Total Hrs. 92 Salary Cost Direct Expenses No. Unit Each Cost Reproduction Costs Plans 0 sets @ $10 /set $ - Mail /Deliveries /Fed Ex 4 $30 est. $ 120 Mileage 200 miles @ $0.565 /mile $ 113 Subtotal DEA Subtotal $ 12,462 $ 233 $ 12,695 Total Contract Amount $ 12,695 Page 1 of 1 P:\ t\ TUKA00000010 \000000N\0030Contract \Construction Support \Tukwila - MIC Construct Support_Budget_2014- 0820.xlsx Printed: 8/19/2014, 6:04 PM Page 1 of 1 P: 6TUKA00000010\ 000000M0030Contrect\Construction Support \Tukwila - MIC Construct Support_Budget_2014-0820.xlax Printed: 8/19/2014, 6:04 PM Exhibit E -2 CITY OF TUKWILA DESIGN CONSTRUCTION MIC "STREET SMART" NON - MOTORIZED Hour Estimate David Evans and Associates, Inc. SUPPORT FOR PROJECT 1 2 3 4 5 6 Item No. Work Item Project Manager (PMGR) QA/QC Manager (MGPE) Professional Engineer (PFEN) Sr. CADD Technician (SCAD) Administrative Assistant (ADMA) Project Administrator (PADM) DEA DEA „_ „ 3 .,,_, =_n_ Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs Total hrs Total $ 6 4 3 3 16 4 18 10 44 76 2.00 Project Management and Quality Control 2.01 Project Management 2 2 2 $748 2.02 Monthly Invoices /Progress Reports (2 Total) 1 1 2 $472 2.03 Coordination with the City 3 $564 2.04 Quality Assurance /Quality Control Review 3 _ $560 Work Item 2.00 Total 6 3 34 $2,344 3.00 Design Construction Support Assistance 3.01 Coordination Meetings 2 2 $652 3.02 Design Support 9 9 $2,935 3.03 Submittal Review 2 8 $1,480 3.04 Record Drawings 2 6 32 4 $5,051 Work item 3.00 Total EXPENSES 15 25 32 4 $10,118 S233 TOTAL CONTRACT AMOUNT 21 3 25 32 7 4 92 $12,695 Page 1 of 1 P: 6TUKA00000010\ 000000M0030Contrect\Construction Support \Tukwila - MIC Construct Support_Budget_2014-0820.xlax Printed: 8/19/2014, 6:04 PM 13 -162 Council Approval 10/7/13 Local Agency Standard Consultant Agreement Consultant/Address /Telephone David Evans and Associates, Inc. 415 - 118th Avenue SE Bellevue, WA 98005 (425) 519-6500 i4 Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project: Work elements include survey and base mapping, alternatives evaluation, design of bike facilities and drainage, critical areas and permit support, and preliminary and final submittals of PS &E contract documents. Federal Aid Number C _ 9111 (o&-') Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation % Overhead Cost Method % ❑ Yes ►Z4 No • Actual Cost ❑ Actual Cost Not To Exceed Federal ID Number or Social Security Number 93- 066 -1195 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? ❑ Yes @ No Completion Date December 31, 2014 Fixed Fee $ Total Amount Authorized $ Management Reserve Fund $ Maximum Amount Payable $ 104,886.00 Specific Rates Of Pay 0 Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work 104,886.00 Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ❑ Exhibit D -2 Payment - Cost Plus ® Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ❑ Exhibit E -1 Fee - Lump/Fixed/Unit ® Exhibit E -2 Fee - Specific Rates ® Exhibit F Overhead Cost ❑ Exhibit G Subcontracted Work ❑ Exhibit G -1 Subconsultant Fee ❑ Exhibit G -2 Fee -Sub Specific Rates ❑ Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary ® Exhibit M -3 Lobbying Certification ® Exhibit M -4 Pricing Data Certification ® App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this / day of CU-03,1,z__ , 2013 , between the Local Agency of City of Tukwila 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" , / 02 ( /67A/LS WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. 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 fin 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 fmal 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. By Consultant David Evans and Associates, Inc. DOT Form 140 -089 EF Revised 3/2008 Page 8 of 8 EXHIBIT A -1 SCOPE OF WORK CITY OF TUKWILA Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project Prepared by: David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 September 23, 2013 TABLE OF CONTENTS SECTION 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1 1.01 Project Description 1 1.02 Design Criteria 1 1.03 Project Deliverables Furnished by the CONSULTANT 1 1.04 Responsibilities and Services Provided by the CLIENT 1 1.05 Project Assumptions 2 SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2 2.01 Project Management 2 2.02 SUBCONSULTANT Coordination 2 2.03 Monthly Invoices /Progress Reports 2 2.04 Project Kick -off Meeting and Progress Meetings 2 2.05 Quality Assurance /Quality Control Review 3 2.06 Change Management 3 SECTION 3.00 SURVEY 3 3.01 Field Review 3 3.02 Base Map 3 3.03 Topographic Survey 4 SECTION 4.00 ENVIRONMENTAL DOCUMENTATION 4 4.01 NEPA 4 4.02 SEPA 5 SECTION 5.00 DESIGN 5 5.01 Project Site Visits (4 Total) 5 5.02 Design Alternatives 5 5.03 Storm Drainage 5 5.04 Preliminary and Final Design (60% and 95% Completion) 5 5.05 Prepare Ad Ready Documents 6 5.06 Assistance During Bid Period 6 S :ITRANSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope 2013- 0923.docx City of Tukwila i Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 23, 2013 SECTION 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1.01 Project Description The City of Tukwila (CLIENT) is requesting professional services from David Evans and Associates, Inc. (CONSULTANT) for preparation of Plans, Specifications, and Estimate (PS &E) documents for the construction of bike facilities on East Marginal Way S from SR 599 to Boeing Access Road and on Airport Way from Boeing Access Road to the city limits. The proposed bike facility may include bike lanes, shared use path, and sharrow lanes. This project includes alternatives evaluation and PS &E development. The major features of the project include: • Survey and base mapping. • Alternatives evaluation. • Design of bike facilities and drainage. • Critical areas and permit support. • Preliminary and final submittals of contract documents. 1.02 Design Criteria The design and PS &E will be based on the requirements of the City of Tukwila Infrastructure Design and Construction Standards. Project specifications shall be based on the 2014 WSDOT Standard Specifications and the City of Tukwila's General Special Provisions. 1.03 Project Deliverables Furnished by the CONSULTANT The CONSULTANT shall maintain a project file for pertinent work items. The CLIENT review sets will be returned with each subsequent revision, illustrating that each review comment has been addressed as stated or how /why it was not addressed. The CONSULTANT shall deliver the following documents and products to the CLIENT as part of this agreement: • 3 copies each of the draft and final ECS form. • 3 copies each of the draft and final SEPA checklist. • 1 hard and electronic copy of Design Alternatives (roll plot). • 6 copies of the 60% PS &E (11 "x17" at 1 " =40' scale) for review by the CLIENT. • 6 copies of 95% PS &E (11 "x17" at 1 " =40' scale) for review by the CLIENT. • 1 electronic copy of the PS &E bid set. • 10 copies of the final set of specifications. • 10 copies of the stamped and signed final plan set. • Provide electronic bid documents to Builders Exchange. • Prepare required addenda to contract documents. 1.04 Responsibilities and Services Provided by the CLIENT The CLIENT will: • Provide all available existing as -built plans, right -of -way (ROW) plans, horizontal and vertical monument information, G.I.S. maps, and other mapping information as available to the CONSULTANT. • Provide all City standard specifications and City bid forms in Microsoft Word format. S :ITRANSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope_2013- 0923.docx City of Tukwila 1 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 23, 2013 • Review all submittals made to the CLIENT within 15 working days, or as agreed, and return them to the CONSULTANT with consolidated written comments regarding changes or revisions needed. • Provide an electronic copy of the aerial photograph to reference into CAD drawings. 1.05 Project Assumptions • All drawings will be prepared in AutoCAD 2012 format, utilizing the CONSULTANT's CADD standards, and drawn at one inch equals forty feet for 11" x 17" plans. Only 11 "x17" plans will be developed for this Scope of Work. • Specifications will follow WSDOT /APWA Standard Specifications 2014 and the City of Tukwila's General Special Provisions. • The project duration is assumed to be six (6) months. SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2.01 Project Management Direction of the CONSULTANT staff and review of their work over the course of the project shall be provided. This work element includes preparing monthly progress reports that include the status of individual work elements, number of meetings attended, outstanding information required, and work items planned for the following month. Monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions may include formal requests for increases, modifications, or reductions in scope and /or budget. The CONSULTANT will use an earned value spreadsheet to monitor and track project expenditures by task. The earned value spreadsheet shall be submitted with each invoice and progress report. Drawings and documents received and generated over the course of the project require review, coordination, and file management. The status of requested information will also be maintained. 2.02 SUBCONSULTANT Coordination Direction of the SUBCONSULTANT and review of their work over the course of the project shall be provided by the CONSULTANT. Monthly monitoring of the SUBCONSULTANT's design budget will occur over the course of the project. Current status, as well as projections, will be developed. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions could include formal requests for increases, modifications, or reductions in scope and /or budget. 2.03 Monthly Invoices /Progress Reports Monthly invoices will be prepared by the CONSULTANT per CLIENT requirements for work activities for the prior month. These invoices shall also include SUBCONSULTANT work and will be accompanied by monthly progress reports. Invoices will include back -up material for all expenses and will show approved budget and amount expended to date. Deliverables: Monthly Invoices and Progress Reports (6 total). 2.04 Project Kick -off Meeting and Progress Meetings After receiving notice to proceed from the CLIENT, the CONSULTANT will conduct a project team kick -off meeting with staff expected to be involved in the project and key CLIENT staff. The meeting will be used S :ITRANSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope 2013- 0923docx City of Tukwila 2 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 23, 2013 to discuss key elements of the Scope of Work, the project schedule, document control, and QA /QC procedures; and to clearly define the roles and responsibilities of the project team members. This work element provides for the preparation, attendance, follow -up, and documentation of meetings during the length of the project. These meetings will be the forums for agencies to provide input and guidance for the direction of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. The CONSULTANT shall prepare for, attend, and document up to six (6) meetings with CLIENT staff. Meetings will be required for coordination with the CLIENT and other affected agencies. The CONSULTANT will attend one meeting every month with the CLIENT's project manager for the duration of the project. The meetings will be held in a location acceptable to the CLIENT and the CONSULTANT. Deliverables: Meeting Minutes (7 total). 2.05 Quality Assurance /Quality Control Review This work element is for the QA /QC review of CONSULTANT deliverables by a designated QA /QC staff member of the CONSULTANT team. The review will cover documents, reports, PS &Es, and pertinent information on an on -going basis. The program entails the periodic review of study criteria, design, and assumptions, as well as concepts and presentation of product format, and assures that the overall project objectives are being fulfilled. 2.06 Change Management Project Managers from the CLIENT and the CONSULTANT are responsible for managing changes to the scope and schedule. The CLIENT is responsible for the authorization of any changes to the scope, budget, and /or schedule. Team members must ensure that work within their areas remains within the defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could cause a change in scope, personnel, cost, or schedule, team members must communicate potential changes to the Project Manager as early as possible. Project Managers will determine whether the potential change issue will lead to a change in scope, cost, or schedule. The CONSULTANT shall obtain written authorization from the CLIENT before implementing any change to this Scope of Work, schedule, or budget. All changes shall be documented using the Project Change Form. SECTION 3.00 SURVEY The CLIENT will provide the CONSULTANT with all existing survey data for the project. It is assumed vertical information will not be required since any widening will match the existing roadway cross slope. 3.01 Field Review The CONSULTANT and project team will conduct a field review at the outset of the project to identify key field conditions that may impact the design including the location and /or presence of driveways and roadways, trees, mail boxes, on- street parking, ADA compliance, utilities (underground and overhead), potential intersection site distance and dear zone issues, and drainage issues. 3.02 Base Map The CONSULTANT will use the CLIENT - provided as -built as the base map for the design of this project. The CONSULTANT will overlay the as -built data on an aerial photograph provided by the CLIENT. S :ITRANSIDEAX00301TukwilalStreet SmartiTukwila - Street Smart Non - motorized Scope 2013- 0923.docx City of Tukwila 3 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 23, 2013 3.03 Topographic Survey Topographic survey is not included in this Scope of Work. Once the design alternatives have been developed and field topographic survey is needed, the topographic survey will be negotiated as a supplement. SECTION 4.00 ENVIRONMENTAL DOCUMENTATION The CONSULTANT shall work with the CITY to execute a Categorical Exemption (CE) for the project to comply with the National Environmental Policy Act (NEPA). Details regarding the level of environmental documentation required for the project to be in compliance with NEPA and the State Environmental Policy Act (SEPA) are provided below. 4.01 NEPA The CONSULTANT shall conduct a site visit and prepare an Environmental Classification Summary (ECS) in pursuit of a NEPA CE. The ECS will require compliance with Section 106 of the National Historic Preservation Act (NHPA) and Section 7 of the Endangered Species Act (ESA). Prior to the preparation of any NEPA - related documentation, the CONSULTANT shall contact the WSDOT Highways and Local Programs (H &LP) office to confirm the proposed approach and submittal requirements. Section 7 ESA Compliance Due to the location of the project site within an urban built environment, it is anticipated that ESA compliance will not require consultation with NOAA and USFWS, and that Section 7 concurrence will be granted by WSDOT H &LP. Part 5 of the ECS shall be prepared by the CONSULTANT in support of a No Effect Determination. Section 106 Cultural Resources Compliance Section 106 compliance typically requires an archaeological / historic analysis of the site and adjacent land, and consultation with local tribes. However, due to the location of the project site in an urban built environment, it is anticipated that the project will qualify for a programmatic exemption from the Section 106 compliance process as listed in H &LP's ECS Guidebook (March 8, 2013), Appendix C, Exemption A -22 (Installation of bicycle and pedestrian lanes, paths, and related facilities within the demonstrated vertical and horizontal limits of previous construction or disturbance). The CONSULTANT shall request that H &LP seek a determination for the level of documentation required and contact the Washington State Department of Archaeology and Historic Preservation Office (DAHP) to confirm that the project site is not located within one - quarter mile of a known or recorded archaeological site. Documentation of the exemption shall be recorded in the ECS. In areas where ground disturbance will occur, it is assumed that as -built plans can be provided by the CLIENT as supporting documentation for the exemption. Should consultation with DAHP yield that the project does not meet the Section 106 exemption criteria, preparation of an Area of Potential Effects (APE) map and Cultural Resources Survey Report can be performed by the CONSULTANT and SUBCONSULTANT as an extra service. Environmental Classification Summary (ECS) The CONSULTANT shall prepare responses for each question identified in the 15- question ECS form, consistent with Chapter 24 of the LAG. Supporting data and information will be utilized from existing aerial photographs, site photographs, King County and City of Tukwila GIS data, and the City of Tukwila Comprehensive Plan. It is assumed that the project will meet the conditions of a Programmatic CE as outlined in the Memorandum of Understanding between WSDOT and the Federal Highway Administration (FHWA), and that FHWA signature on the ECS will not be required. S :ITRANSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope 2013- 0923.docx City of Tukwila 4 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 23, 2013 Deliverables: Draft ECS form and attachments for CLIENT review. Draft ECS form and attachments for H &LP review. Final ECS form and attachments for signature by the CLIENT and H &LP. Assumptions: • The project will meet the conditions of a Programmatic CE. • Section 7 concurrence will be granted by WSDOT H &LP and preparation of a Biological Assessment and formal consultation will not be required. • The project will meet the requirements of a Section 106 exemption, and preparation of an APE and cultural resources survey will not be required. 4.02 SEPA Following H &LP approval of the CE, the CONSULTANT shall review the preliminary design and determine whether the project may qualify for an exemption from SEPA per WAC 197 -11 -800. For purposes of scoping, it is assumed that the project will not be exempt, and the CONSULTANT shall prepare a SEPA checklist in pursuit of a Determination of Non - Significance (DNS). The checklist will include a discussion of potential impacts to all 16 elements identified in the City's SEPA Checklist. The SEPA Checklist will also be accompanied by a completed ESA Screening Checklist. Deliverables: Draft SEPA Checklist and ESA Screening Checklist for CLIENT review. Final SEPA Checklist and ESA Screening Checklist for CLIENT review. Assumptions: • The CLIENT will provide all required public notice materials. SECTION 5.00 DESIGN 5.01 Project Site Visits (4 Total) The CONSULTANT shall conduct up to four (4) site visits during the project to resolve design issues. CLIENT staff shall be present at the site visits, if requested. 5.02 Design Alternatives The CONSULTANT shall develop up to two design alternatives for bicycle facilities. The CONSULTANT will determine the appropriate locations for bike lanes, shared use paths, and sharrows. The alternatives will be shown on a roll plot with an aerial photograph background. Deliverables: Roll Plot of Design Alternatives (hard copy and electronic pdf file). 5.03 Storm Drainage The total amount of new impervious area is assumed to be less than 5,000 square feet; therefore no stormwater detention or water quality treatment will be required. If stormwater detention or water quality is required, it will be considered as extra services. Deliverables: None. 5.04 Preliminary and Final Design (60% and 95% Completion) The CONSULTANT shall bring the design to a 100% completion level with an intermediate milestone at the 60% and 95% completions, and shall participate in a review coordination meeting to respond to CLIENT staff questions and comments at each of the two stages. Review comments will be responded to and incorporated as directed by the CLIENT Project Manager. The preliminary and final design will S :ITRANSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope 2013- 0923.docx City of Tukwila 5 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 23, 2013 include the following elements, at a minimum, prepared by the CONSULTANT for both the 60% and 95% submittals: • Cover sheet including a vicinity map. • Legend and abbreviations. • Roadway sections (typical and special). • Roadway /Channelization /Signing plans. • Roadway details. • Temporary erosion control plans (TESC). • Contract documents and specifications (specials only). • Cost estimate. Deliverables: Six (6) hard copies of the 60% and 95% PS &Es (11 "x17 "). 5.05 Prepare Ad Ready Documents The CONSULTANT shall prepare the following in accordance with the CLIENT's review comments from the 95% final design and coordination meeting, and in accordance with regulatory agency permit conditions: • Modifications and /or revisions in response to CLIENT review comments from the 95% design and coordination meeting. • Final design of project elements. • Special provisions and listing of CLIENT standard specifications, with fill -ins, to be incorporated in the construction contract documents. • Preparation of a final (100% completion) list of bid items, quantities, and a construction cost estimate for a set of signed and reproducible construction contract documents. The CONSULTANT will assemble all plan sheets, general and special provisions, cost estimates, and associated documentation for submittal as an Ad Ready PS &E package. Deliverables: Electronic submittal of Ad Ready PS &E to Builders Exchange. Ten (10) sets of contract specifications. Ten (10) sets of signed and stamped 11 "x17" plan sheets. 5.06 Assistance During Bid Period The CONSULTANT shall provide assistance during the bid and award of the construction contract. The following tasks will be provided by the CONSULTANT on an as- needed basis: • If requested, the CONSULTANT shall attend a pre- construction meeting with the construction contractor to assist the CLIENT in responding to questions and inquires. • If requested, the CONSULTANT shall assist the CLIENT during the bid period to answer any questions that arise concerning the PS &E documents, and will assist the CLIENT in preparing any addenda required. Deliverables: Attend and participate in the pre- construction meeting. Prepare response to bidder questions and bid document addenda. S :ITRANSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope_2013- 0923.docx City of Tukwila 6 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 23, 2013 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. Exhibit E -2 CITY OF TUKWILA TUKWILA MANUFACTURING INDUSTRIAL CENTER "STREET SMART" NON - MOTORIZED PROJECT Cost Estimate David Evans and Associates, Inc. Classification Hrs. x Rate = Cost 1 Project Manager (PMGR) 118 $ 183.52 $ 21,655 2 QA/QC Manager (MGPE) 22 $ 183.52 $ 4,037 3 Professional Engineer (PFEN) 412 $ 133.47 $ 54,989 4 Sr. CADD Technician (SCAD) 107 $ 107.69 $ 11,522 5 Environmental Planner (ENVP) 56 $ 109.20 $ 6,115 6 Sr. Scientist (SSCI) 6 $ 121.64 $ 730 7 Administrative Assistant (ADMA) 49 $ 84.94 $ 4,162 8 Project Administrator (PADM) 10 $ 97.98 $ 980 Total Hrs. 780 Salary Cost Direct Expenses No. Unit Each Cost Reproduction Costs Plans 20 sets @ $10 /set $ 200 Mail /Deliveries /Fed Ex 8 $30 est. $ 240 Mileage 450 miles @ $0.565 /mile $ 254 Subtotal $ 104,192 $ 694 DEA Subtotal $ 104,886 Total. Contract Amount 104,886 Page 1 of 3 S: \TRANS \DEAX0030 \Tukwila \Street Smart\Tukwila - Street Smart Non- motorized_Budget_2013- 0917.xlsx Printed: 9/17/2013, 11:44 AM Page 2 of 3 S:\TRANS\OEAX0030 \Tukwila \Street Smart\Tukwila - Street Smart Non - motorized_ Budget_2013- 0917.xlsx Printed: 9/17/2013, 11:44 AM Exhibit CITY OF TUKWILA MANUFACTURING "STREET SMART" NON Hour Estimate E -2 TUKWILA INDUSTRIAL CENTER - MOTORIZED PROJECT 1 2 3 4 5 e 7 8 David Evans and Associates, Inc. Item No. Work Item Project Manager (PMGR) QA/QC Manager (MGPE) Professional Engineer (PFEN) Sr. CADD Technician (SCAD) Environmental Planner (ENVP) Sr. Scientist (SSCI) Administrative Assistant (ADMA) Project Administrator (PADM) DEA 10, e. Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs Total hrs Total $ 60 18 6 5 4 93 8 28 36 45 35 80 12 40 3 2 21 81 29 18 30 10 15 2 2 21 61 29 18 50 10 15 20 18 38 5 3 2.00 Project Management and Quality Control 2.01 Project Management (2 hrs /week for 6 months) 50 10 $10,025 2.02 Monthly Invoices /Progress Reports (6 Total) 6 2 10 $2,251 2.03 Project Kick -off Meeting and Progress Meetings 3 2 1 $902 2.04 Quality Control /Quality Assurance Review 1 2 2 $720 2.05 Change Management 4 $734 Work Item 2.00 Total 64 2 2 15 10 514,633 3.00 Survey 3.01 Field Review 4 4 $1,268 3.02 Base Map 4 24 $3,937 3.03 Topographic Survey -�. �, Work item 3A0 Total 8 28 �_ ' " c o . _ 4.00 Environmental Documentation 4.01 NEPA 1 1 3 32 4 4 55 088 4.02 SEPA 1 1 3 24 2 4 53,971 -Work Item 4.00 Total 2 2 6 56 6 8 t z�. 59,060 5.00 Design 5.01 Project Site Visits (4 Total) 4 8 $1 802 5.02 Design Altematives 8 24 8 $5,533 5.03 Storm Drainage 5.04 Preliminary and Final Design (60% and 95% Completion) 5.04.1 Preliminary Design (60% Completion) 5.04.1.1 Cover Sheet (1 sheet) 1 2 $399 5.04.1.2 Legend and Abbreviations (1 sheet) 2 $215 5.04.1.3 Roadway Typical Sections (1 sheet) 1 16 4 $2,750 5.04.1.4 Roadway /Channelization /Signing Plans (7 sheets) 1 50 30 $10,088 5.04.1.5 Roadway Details (1 sheet) 1 24 4 $3,818 5.04.1.6 TESC Plans (7 sheets) 1 1 12 4 $2,399 5.04.1.7 Contract Specifications (Specials Only) 4 2 20 4 $4,110 5.04.1.8 Construction Cost Estimate 1 1 8 $1,435 5.04.1.9 Deliverable Assembly 1 4 2 4 4 $1,955 5.04.2 Preliminary Design (95% Completion) 5.04.2.1 Cover Sheet (1 sheet) 2 $215 5.04.2.2 Legend and Abbreviations (1 sheet) 2 $215 5.04.2.3 Roadway Typical Sections (1 sheet) 1 16 4 $2,750 5.04.2.4 Roadway /Channelization /Signing Plans (7 sheets) 1 40 20 $7,676 5.04.2.5 Roadway Details (1 sheet) 1 24 4 $3,818 5.04.2.6 TESC Plans (7 sheets) 1 1 12 4 $2,399 5.04.2.7 Contract Specifications 2 2 40 6 $6,582 5.04.2.8 Construction Cost Estimate 1 1 8 $1,435 5.04.2.9 Deliverable Assembly 1 4 4 2 4 $2,007 5.05 Prepare Ad Ready Documents 5.05.1 Incorporate 95% Comments 4 16 $2,870 5.05.2 Final Plans 1 12 5 $2,324 5.05.3 Final Specifications 1 1 30 6 $4,881 5.05.4 Final Construction Estimate 1 4 $717 5.05.5 Upload Ad -Ready Documents to Builder Exchange website 1 2 $353 Page 2 of 3 S:\TRANS\OEAX0030 \Tukwila \Street Smart\Tukwila - Street Smart Non - motorized_ Budget_2013- 0917.xlsx Printed: 9/17/2013, 11:44 AM Page 3 of 3 S: \TRANS\DEAX0030 \Tukwila \Street Smart\Tukvnla- Street Smart Non- motonzed_BUdget_2013- 0917.xlsx Printed: 9/17/2013, 11:44 AM Exhibit CITY OF TUKWILA MANUFACTURING "STREET SMART" NON Hour Estimate E -2 TUKWILA INDUSTRIAL CENTER - MOTORIZED PROJECT 1 2 3 4 5 6 7 8 David Evans and Associates, Inc. Item No. Work Item Project Manager (PMGR) QA/QC Manager (MGPE) Professional Engineer (PFEN) Sr. CADD Technician (SCAD) Environmental Planner (ENVP) Sr. Scientist (SSCI) Administrative Assistant (ADMA) Project Administrator (PADM) DEA DEA Total Total Total Total Total Total Total - Total hrs hrs hrs hrs hrs hrs hrs hrs Total hrs Total $ 5.06 5.06.1 Assistance During Bid Period Prepare Addenda Respond to Bidder Questions 2 2 2 6 6 6 571 $849 5.06.2 2 2 2 $849 5.06.3 Attend Pre- Construction Meeting 2 2 2 $849 44 18 376 107 26 -. $75,294 ,, ,,,,,, _ ,#,� ' pr Work Item 5.00 Total EXPENSES r $694 TOTAL CONTRACT AMOUNT 118 22 412 107 56 6 49 10 780 $104,886 Page 3 of 3 S: \TRANS\DEAX0030 \Tukwila \Street Smart\Tukvnla- Street Smart Non- motonzed_BUdget_2013- 0917.xlsx Printed: 9/17/2013, 11:44 AM Oregon Department of Transportation Audit Services Central Services Division — MS 52, 355 Capitol Street NE,Salem, OR 97301 Telephone: 503 - 986 -3213 September 16, 2013 The Board of Directors and Stockholders David Evans and Associates, Inc (DEA) RE: David Evans and Associates, Inc. Schedule of Indirect Cost Rate Fiscal Year Ended November 3, 2012 We have performed a cognizant review of documentation and the working papers of your independent CPA firm, Grant Thornton (GT), of their audit of the Schedule of Indirect Cost Rate for David Evans and Associate's (DEA) Fiscal Year Ended November 3, 2012 in accordance with our role as Cognizant Agency as defined in 23 U.S.C. 112(b)(2)(c) and 23 CFR 172.3 and 172.7. Our cognizant review was performed in accordance with the AASHTO Review Program for CPA Audits of Consulting Engineers' Indirect Cost Rates. We were provided with a copy of GT's audit report dated May 10, 2013, copies of their working papers and additional documentation from DEA. Based on our review, we accepted the audited Schedule of Indirect Cost Rate and this letter of concurrence establishes DEA's Schedule of Indirect Cost Rate for the fiscal year ended November 3, 2012 at 176.11% of direct labor and a Facilities Capital Cost of Money factor of 0.446% of direct labor. In this fiscal year, DEA proposed a field rate of 53.02 %. Our review concluded this was a contract specific rate and was not to be used by any state departments of transportation. A copy of this letter will be forwarded to the appropriate ODOT contracting offices. If you or any representative of DEA has any questions, please contact me at (503) 986 -3213 or Ruth Wu at (503) 986 -4003. Margaret Cole, CPA External Audit Manager Oregon Department of Transportation cc: Ron Gasper, Chief Financial Officer, David Evans and Associates, Inc. Tony Parke, Partner, Grant Thornton 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 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit! Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region DOT Form 140 -089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 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. ql i3i v oco Local Agency City of Tukwila I hereby certify that I am Manuel Feliberti, P.E. and duly authorized representative of the firm of David Evans and Associates, Inc. whose address is 415 - 118th Avenue SE, Bellevue, Washington 98005 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. 7/23/26/3 dL�����d r Z ate Signature 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. Do 13 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): David Evans and Associates, Inc. /?il7 V 203 (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): David Evans and Associates, Inc. 7/2 /2 /3 (Date) DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 (Signature) President or Authorized Official of Consultant Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project contracting officers representative in support of are accurate, complete, and current as of / ©— /4 713 * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm David Evans and Associates, Inc. Name Manuel Feliberti, P.E. Title Project Manager Date of Execution * ** )0 /0 -r3 * 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 Supplemental Signature Page for Standard Consultant Agreement Consultant/Address /Telephone David Evans and Associates, Inc. 415 - 118th Avenue SE Bellevue, WA 98005 (425) 519 -6500 Agreement Number Project Title And Work Description Tukwila Manufacturing Industrial Center "Street Smart- Non - Motorized Project: Work elements include survey and base mapping, alternatives evaluation, design of bike facilities and drainage, critical areas and permit support, and preliminary and final submittals of PS &E contract documents. Federal Aid Number Local Agency City of Tukwila (' (tc b C_7. THIS AGREEMENT, made and entered into this j Qitt day of :Seer , 2013 between the Local Agency of City of Tukwila , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT ". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT By, Consultant David Evans and Associates, Inc. By Consultant David Evans and Associates, Inc. DOT Form 140 -089 EF Appendix 31.910 Revised 6/05 LOCAL AGENCY By Agency C By 1 A Ay .a d // of Tukwil . �� Agency By Agency By Agency