HomeMy WebLinkAboutCOW 2007-06-25 Item 3B - Agreement - Tukwila Urban Center (TUC) Pedestrian Bicycle Bridge with KPFF COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 07-085 l ORIGINAL, AGENDA DATE: JUNE 25, 2007
AGENDAITEMTITLE Tukwila Urban Center— Pedestrian /Bicycle Bridge
Consultant's Agreement with KPFF
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 6/25/07 Mtg Date 7/2/07 Mtg Date Mtg Date Mtg Date Mfg Date Mtg Date:
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S The agreement is for a Type, Size, and Location Report that is required for any bridge
SUMMARY project and is the first step in designing the bridge. The pedestrian /bicycle bridge will
connect the Tukwila Station (Amtrak and Sounder) with the Tukwila Urban Center by
crossing the Green River. Four firms were interviewed and KPFF was chosen as the most
qualified.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 06/11/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the consultant's agreement with KPFF.
COMMrt-tLE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$239,756.82 $239,756.82
Fund Source: 104.01 Bridges (listed in Commercial Streets, page 58, 2007 CIP)
Comments: Total amount budgeted includes $200,000 grant and $39,756.82 from the TOD grant 000.333.200.22.
MTG. DATE RECORD OF COUNCIL ACTION
06/25/07
l
07/02/07
MTG. DATE ATTACHMENTS
06/25/07 Information Memo dated June 20, 2007 (revised after TC meeting)
Map
Consultant Agreement with Scope of Work 1
Transportation Committee Meeting Minutes from June 11, 2007
07/02/07
1
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: June 20, 2007 UU T
Subject: Tukwila Urban Center Pedestrian/Bicvcle Bridge
Project No. 05 -RWO3
Consultant Selection Agreement for Type, Size, Location Report
ISSUE
Consultant selection and agreement for the TUC Ped/Bicycle Bridge.
BACKGROUND
In late 2005, Tukwila received a $200,000 grant for design of the Tukwila Urban Center (TUC)
Pedestrian/Bicycle Bridge over the Green River from the Transportation Improvement Board's
Statewide Enhancement Fund. The Pedestrian Bridge project was identified through the 2005
Comprehensive Plan Update as well as the TUC Subarea Plan and Sound Transit's Tukwila
Station ro'ect. The funds have been obligated and are available for expenditure.
p J
The grant funds are adequate only for a "Type, Size, and Location" report (TSL). This TSL
report is required for any bridge project and is the first step in designing the bridge. Additional
funds from the Transit Oriented Development (TOD) grant are being made available for this
project to ensure that planning and preliminary design work is done to connect the TOD area,
and specifically the Tukwila Station project, with the Pedestrian Bridge and the rest of the TUC
area. Figure 1, attached, is an aerial map of the surrounding area that shows a conceptual location
for the bridge.
ANALYSIS
In November 2006, four consultant teams were interviewed in a competitive process. The teams
interviewed were KPFF, Arai Jackson, HNTB, and ABKJ.
The selection panel scored the four consultant teams and the panel consistently ranked the KPFF
team as the top choice. Reference checks were performed with no negative feedback. Since then,
staff and consultant have been negotiating the scope and fee. The fee amount of $239,756.82 is
in excess of the $200,000 grant funds and the additional monies will be transferred from the
TOD grant.
Upon additional grant funding, the project will proceed to the design phase.
RECOMMENDATION
Approve the consultant agreement with KPFF for Type, Size Location Report for
$239,756.82.
(i:\pubarorks bridge\info memo consultant selection 6-20-07 gLdoc)
TUKWILA URBAN CENTER PEDESTRIAN BICYCLE BRIDGE OVER GREEN RIVER
AERIAL PHOTO
Consultant/Address /Telephone
Local Agency KPFF Consulting Engineers
Standard Consultant 1601 Fifth Avenue, Suite 1600
Agreement Seattle, WA 98101
Architectural /Engineering Agreement
Personal Services Agreement
Agreement Number Project Title And Work Description
Tukwila Urban Center, Pedestrian/Bicycle Bridge
Federal Aid Number Type, Size And Location (TSL) Bridge Report
Agreement Type (Choose one)
Lump Sum
Lump Sum Amount
Cost Plus Fixed Fee DBE Participation
Overhead Progress Payment Rate Yes 1:81 No
Overhead Cost Method Federal ID Number or Social Security Number
IX Actual Cost
Do you require a 1099 for IRS? Completion Date
Actual Cost Not To Exceed Yes No
Fixed Rate
Fixed Fee
Total Amount Authorized
Specific Rates Of Pay
Negotiated Hourly Rate Management Reserve Fund
Provisional Hourly Rate Maximum Amount Payable
Cost Per Unit of Work
Index of Exhibits
Exhibit "A" Scope of Work
Exhibit `B" DBE Participation
Exhibit "C" Electronic Exchange of Engineering and Other Data
Exhibit "D" Payment (by Agreement Type)
Exhibit `E" Consultant Fee Determination
Exhibit "F' Breakdown of Overhead Cost
Exhibit "G" Subcontract Work/Fee Determination
Exhibit "H" Title VI Assurances
Exhibit `T' Payment Upon Termination of Agreement
Exhibit "J" Alleged Consultant Design Error Procedures
Exhibit "K" Consultant Claim Procedures
Exhibit "L" Liability Insurance Increase
Exhibit "M" Certification Documents
THIS AGREEMENT, made and entered into this day of
between the Local Agency of Washington, hereinafter called the "AGENCY"
and the above organization hereinafter called the "CONSULTANT
DOT Form 140 -089 EF Page 1 of 8
Revised 6/05
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 SUBCONSULTAiNT, 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 retumed. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.
A prior supplemental agreement issued by the AGENCY is required to extend the established completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub Contracting
The AGENCY permits sub contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub consultant shall be
substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and
sub contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a
minimum amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs
Project Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
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third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees,
without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit 'T' for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of
the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute Iegal 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.
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The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment hereafter referred to as "CLAIM under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered
Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and
Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over
$100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By By
Consultant Agency
DOT Form 140 -089 EF Page 8 of 8
Revised 6/05 g
Exhibit A -1
Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge
Type, Size And Location (TSL) Bridge Report
PROJECT DESCRIPTION
The Green River stands as a barrier between the City's urban center and the transportation
hub of the Sounder Commuter Rail /Amtrak Station. This project is a preliminary step in
defining the pedestrian corridor connecting these commuter hubs. This project shall
determine the type of structure and its location for crossing the Green River. The bridge is
to be a signature piece of the corridor and along with the associated trail provide a direct,
safe and enjoyable walking experience.
PROJECT OBJECTIVES
The overall objective of this project is to develop a connection from the intersection of
Baker Boulevard and Christensen Road to the Sound Transit property line of the Sounder
Commuter Rail /Amtrak Station. This project will take place in three phases, which include
the following:
o Type, Size and Location (TSL) Phase
o Plans, Specifications and Cost Estimate (PSE) Phase
o Construction Management Phase
This scope of work shall be for the TSL Phase, which includes surveying, bridge type and
size, project aesthetics, civil and structural engineering, trail alignment studies and
definition of permitting requirements to enable the bridge TSL to be determined.
During and /or at the conclusion of the TSL Phase, the City of Tukwila can exercise the
option to supplement KPFF's contract to include the following tasks:
PSE Phase
o Completion of 30 60 90% and final plans
o Contract Specifications
o Cost Estimate
o Permitting
Construction Management Phase
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 2
PROJECT TEAM
The project team is made up of the following firms:
Owner City of Tukwila
Prime Consultant KPFF Consulting Engineers
Structural Engineering KPFF Consulting Engineers
Civil Engineering KPFF Consulting Engineers
Urban Planning KPG Inc.
Surveying KPG Inc.
Bridge Architecture LMN Architects
Environmental Services Landau Associates
Geotechnical Engineering Landau Associates
SCOPE OF WORK
The following is a scope of work for the TSL phase of the project. In addition to the basic
scope of services, the Consultant has included additional services that can be performed at
the City's request.
TASK NO. 1.0 PROJECT MANAGEMENT AND ADMINISTRATION
Task No. 1.01 Project Schedule
A project design schedule shall be created in Microsoft Project that spans from the
notice -to- proceed to the completion of the TSL documents. The schedule shall be
updated on a monthly basis.
Task No. 1.02 Subconsultant Agreements
KPFF shall prepare subconsultant contracts for KPG, Inc., Landau Associates, and
LMN Architects.
Task No. 1.03 Progress Reports
A progress report form shall be provided to each subconsultant. This form shall be
filled out on a monthly basis and submitted with the invoice for the work described in
the progress report. KPFF shall then compile the reports into a single document to
be submitted to the City with the associated monthly invoice.
Task No. 1.04 Invoices
Subconsultants are to prepare monthly invoices for work completed. KPFF shall
compile the invoices into a single document to be submitted to the City.
Task No. 1.05 Team Meetings
The project team shall meet to discuss project issues, schedule, progress, and
general coordination of effort as needed.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 3
Deliverables
Project work plan
Project schedule with monthly updates
Monthly progress reports and invoices
Team meetings
Participation in project meetings (Task No. 10 11)
Participation in one additional project meeting to be determined
TASK 2.0 DESIGN CRITERIA DOCUMENT
KPFF shall prepare the design criteria based on contributions from the project team:
Minimum bridge /trail widths.
Horizontal geometry constraints (including minimum radii for curves) and
allowable design speeds for bicycles.
Maximum allowable vertical grades and rates of curvature for both bridge
structures and for access ramps.
Emergency access requirements.
Minimum lighting requirements.
Green River hydraulic opening requirements.
Requirements for stormwater detention and water quality.
Construction criteria within 100 -year flood plain.
Utility clearance requirements.
Structural loading conditions.
Allowable structural deflections and vibrations.
Physical /aesthetic impacts on adjacent uses,
Coordination with potential future vehicular bridge in similar area.
Deliverables
Draft Design Criteria Document
Final Design Criteria Document
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 4
TASK 3.0 TOPOGRAPHIC AND BOUNDARY SURVEY
KPG shall provide the field survey and mapping necessary to prepare a project base
map. Anticipated tasks for the project are summarized below:
Task No. 3.01 Aerial Basemap for Identifying Alternatives
KPG shall create aerial basemaps for identifying viable alternatives.
These basemaps will include City of Tukwila GIS information and King County
parcel information. The project area will include Andover Park East (west
boundary), BNSF /East City limit line (east boundary), Longacres Way (north
boundary) and Strander Boulevard (south boundary).
Task No. 3.02 Field Surveying Services
KPG shall perform topographic surveying within the entire project corridor, which is
defined as Andover Park East (west boundary) to the BNSF /East City limit line (east
boundary). Horizontal and vertical control shall be established that is necessary for
the boundary and topographic survey of the site. The survey for the defined project
corridor shall include all areas required for future pathway connections and bridge
location.
All field topographic surveying shall be performed to achieve 1 -foot contour interval
accuracy, and shall include location of existing 6 inches plus caliper trees, streets,
curb and gutter, limits of paving, fences, above- and below ground utilities, drainage
features, existing shrub and lawn areas, and existing improvements within the
defined project corridor.
A separate cost for private utility locating services has been included that assumes
16 hours of underground utility sensing and locating.
The field survey includes surveying the banks of the Green River from 50 feet
upstream to 50 feet downstream. The river survey shall include top of bank on both
sides of the river and cross sections from top of bank to top of water at 25 -foot
intervals. Indicate limits of 100 -year flood plain, ordinary high waterline (OHWL)
flagged in advance on the bank by Landau Associates.
The survey crew shall use City provided Horizontal and Vertical control in the
project vicinity and all surveying and mapping shall be based on City Horizontal and
Vertical Datum.
Task No. 3.03 CAD Base Mapping Services
A base map at a scale to be selected by the project engineer shall be developed
detailing the items located in the above described field survey. The map shall
include positions of record and surveyed boundaries, as well as deeded and platted
right -of -way margins for the project area.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 5
It is proposes to use KPG's existing layer standards and point codes for the survey.
Once drafted, field verified, and certified, KPG shall provide the project engineer
with two Xerox Bond copies of the topographic survey and one digital copy of
project survey files (AutoCAD, point files, field notes). Any as -built information
gathered during our research shall also be copied and submitted to the engineer
with the topographic mapping package. The deliverable submittal package shall
include detailed descriptions of point code and layering schema.
Task No. 3.04 Project Management and Quality Control
KPG has included time and expense for project meetings, management of
surveying and drafting efforts, professional review and quality control in our
proposal.
Deliverables
Aerial Project base map (two hardcopies, one electronic copy)
Survey Corridor Project base map
TASK 4.0 GEOTECHNICAL RESEARCH AND RECOMMENDATIONS
Landau Associates shall perform geotechnical engineering. The work is to review
existing subsurface soil and groundwater information. The existing information shall be
used to establish a basis for providing geotechnical engineering recommendations for
the design and construction of the bridge and ramp facilities. If the existing information
is inadequate to develop geotechnical recommendations subsurface exploration and
laboratory testing can be performed as additional services per Task No. 4.02.
The geotechnical work includes the following:
Task No. 4.01 Review Available Geologic and Subsurface Information
Review previous geotechnical studies, geologic maps, soil surveys, and other
available geotechnical information regarding subsurface soil and groundwater
conditions in the vicinity of the project.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 6
Task No. 4.02 Subsurface Explorations and Laboratory Testing
Subsurface exploration or testing will by performed as an additional services if
requested by the City.
If existing information is not adequate for establishing geotechnical parameters and
recommendations, field exploration can be performed as an additional service.
Landau Associates would complete a boring to a maximum depth of 100 ft below
the existing ground surface to characterize soil and groundwater conditions at the
proposed bridge locations. The boring will be drilled on the west side of the Green
River on the existing trail using a truck mounted drill rig and the mud rotary method.
Disturbed and relatively undisturbed soil samples will be obtained from the boring
on a 21/2 or 5 ft depth interval.
A representative of Landau Associates will mark the exploration location in the field
and complete an underground utility locate "Call Before You Dig prior to the start
of work. Where underground utilities conflict with proposed exploration location, the
exploration will be relocated and a recheck of utilities will be conducted. We will
prepare and submit a work plan for review by the City to handle safety issues on the
trail during the subsurface investigation.
Assumptions:
All drilling subcontractors, equipment subcontractors, laboratories, traffic
control personnel and other related subcontractor personnel will be selected,
hired and paid by the Consultant.
Cuttings from the boring will be placed in drums and disposed of at an off
site location by the drilling subcontractor.
Soil sampling will be in accordance with ASTM D1586 (Standard Penetration
Test procedure), ASTM D3550 (Ring -lined Barrel Sampling of Soil), and
ASTM 1587 (Thin Walled Tube Sampling of Soil).
Concrete pavement coring is not included in our budget.
The location and elevation of the boring will not be surveyed as part of this
task. A drawing showing the approximate location of the boring will be
provided to KPFF so that the survey crews may pick up the location.
The boring is located in a paved area and will be patched with concrete.
Budget for analytical testing of suspected contaminated soil samples, or
disposal of potentially contaminated soil encountered during drilling, is not
included in this task.
Field exploration will be performed during the daylight hours.
Soil samples will be disposed of 90 days after the date of the final report.
Laboratory testing will be accomplished to help determine soil classification and
pertinent engineering properties of soil. We have budgeted for 15 index tests (dry
unit weight, grain -size, Atterberg limit) and 5 moisture content determinations on
selected samples from the borings.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 7
Task No. 4.03 Provide Geotechnical Design Recommendations
The following recommendations are made from interpreting existing data only.
Describe anticipated site conditions based on available data and conditions
observed in the boring. A geologic description of the area shall be provided
based on published information and experience in the area.
Provide recommendations for earthwork and site preparation including
suitability of on -site soils for reuse in ramp fills, placement and compaction of
structural fill, and mitigation of unsuitable soil conditions.
Provide recommendations for retaining walls for the ramp fills, including
MSE walls, conventional concrete walls, geotextile walls, and others as
appropriate. This shall include anticipated allowable earth pressures, soil
friction, and footing support.
Evaluate the stability of the riverbanks and provide recommended
stabilization measures, if necessary.
Evaluate estimated settlement of ramp fills and recommend mitigation
measures, as appropriate.
Conceptual and feasible foundation types for the substructure of the new
bridge.
Geotechnical design criteria for the bridge, including seismic design
requirements and liquefaction hazard analysis (if applicable).
Constructability issues and concerns.
Deliverables
Draft Geotechnical Technical Memorandum (six hardcopies, one electronic copy)
Final Geotechnical Technical Memorandum (six hardcopies, one electronic copy)
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 8
TASK 5.0 HYDRAULICS
The Corps of Engineers (COE) has recertified the Green River Levee. The
recertification is only for the west bank, so the 100 -year flood plain on the east side will
be estimated. The following is proposed for the hydraulic evaluation:
Task No. 5.01 Meet with Agencies
Meet with the Corps of Engineers and King County Surface Water Management to
obtain the best understanding of the ongoing studies and work along Green River.
Task No. 5.02 Establish 100 -year Floodplain
Based on existing COE data of the Green River, establish the current elevation of
the 100 -year floodplain.
Task No. 5.03 Establish Structural Clearance
Create a reasonably conservative margin above the floodplain level for all bridge
foundations.
Deliverables
Draft Hydraulic Technical Memorandum (six hardcopies, one electronic copy)
Final Hydraulic Technical Memorandum (six hardcopies, one electronic copy)
TASK 6.0 ENVIRONMENTAL SERVICES
Landau shall determine the required project permits, and document the processes and
timelines required for the anticipated permits. Landau shall also estimate the
boundaries of wetlands and shorelines on the project area and identify key
environmental issues. The project area will include Andover Park East (west
boundary), BNSF /East City limit line (east boundary), East Longacres Way (north
boundary), and Strander Boulevard (south boundary).
This work shall include the following:
Task No. 6.01 Data Collection
Collect available public domain information concerning wetlands, shorelines,
existing habitat data, soils surveys, species distribution data, and other pertinent
biological and historical /archeological information.
Task No. 6.02 Site Reconnaissance
Conduct a site reconnaissance to gain more specific understanding of the physical
and biological attributes of the project area. This reconnaissance shall be used to
better define the environmental permitting.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 9
Task No. 6.03 Species, Habitat and Cultural /Historical Information
Obtain current species and habitat information from National Marine Fisheries
Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and Washington
Department of Fish and Wildlife (WDFW) Priority Habitats and Species database,
and Washington Department of Natural Resources Heritage Data. Obtain list of
known cultural /historic sites from the State of Washington Department of
Archeology and Historic Preservation (DAHP). Review the City's draft Shoreline
Inventory and draft Shoreline Restoration Plan.
Task No. 6.04 Wetlands, Fish and Wildlife Habitat, Cultural /Historic Resources
Landau shall estimate the location of wetlands, fish and wildlife habitat, salmon
restoration sites, and cultural /historic resources in the project area using the
information from Tasks 6.01, 6.02, and 6.03.
Task No. 6.05 Environmental Permits and Environmental Documentation
Landau shall identify the permits and environmental documentation that is
anticipated for this project. A schedule for obtaining the identified permits and
completing the environmental documents shall be created. Opportunities to avoid
impacts and /or minimize impacts shall be evaluated during interaction with the
project team. A range of alternatives pursuant to and in the context of NEPA and
SEPA shall be developed along with their associated costs.
Deliverables
Draft Environmental Technical Memorandum (six hardcopies, one electronic
copy)
Final Environmental Technical Memorandum (six hardcopies, one electronic
copy)
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 10
TASK 7.0 PROJECT WORKSHOPS
Task No. 7.01 Workshop No. 1 Identify Two to Three Viable Alternatives
KPFF with the assistance of the subconsultants shall hold a four -hour workshop
with City of Tukwila staff to discuss the trail alignment and bridge alternatives. In
preparation for the workshop, the following items will be addressed:
Bridge aesthetics options
Structural alternatives
Corridor alignment alternatives
Urban design themes
Aerial basemap
Permit requirements search
Basis of design documentation
Geotechnical memorandum
The topics for discussion during the workshop will include available right -of -way,
pedestrian and bicyclist experiences, construction costs, City property lines,
adjacent property lines, environmental considerations including wetlands, riparian
habitat, flood plains, topography, and trail geometrical constraints. A summary of
the workshop discussions shall be documented in the TSL report.
The goal of Workshop No. 1 is the selection of two to three bridge types and trail
alignments. These alternatives shall be further refined prior to Workshop No. 2.
Task No. 7.02 Workshop No. 2 Public Involvement
A public open house or one -on -one contacts will be used to provide project
information to and solicited input from affected property owners and the general
public. The project consultants will work with the City to develop the open house or
one -on -one contact format and materials.
Task No. 7.03 Workshop No. 3 Select Preferred Alternative
A third workshop shall be held with City staff to examine the cost/benefit of the
alternative designs. Trail alignments and bridge types shall be examined to
determine the best combination of alignment and type of structure. Drawings and
schematic renderings shall be prepared to assist in visualizing the various options.
Evaluation matrices shall be examined that rate the alternatives against the project
goals.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 11
The end of Workshop No. 3 should leave the City with a reasonable idea of the
preferred alternative. The preferred alternative shall then be incorporated into the
TSL Report.
Deliverables
Workshop materials
Workshop meeting minutes (six hardcopies, one electronic copy)
Attending 3 workshops
TASK 8.0 CIVIL ENGINEERING
KPFF shall perform the civil engineering support work necessary to complete the
Design Criteria and TSL Report.
Task No. 8.01 Support for Pedestrian Trail Route Assessment
This work consists of assisting with the assessment and evaluation of the
pedestrian trail alignment concepts, including participation in the project meetings
described in Task No. 10 and 11.
Task No. 8.02 General Plans and Profiles
The Civil portion of the TSL report shall layout the preferred concept alignment
including general plan and profile of the bridge and street connection. Profile shall
be generated from terrain model information provided within Task 3. Drawings will
show essential clearances. Written descriptions of the alignment and associated
benefits and complications shall be integrated into the TSL Report.
Task No. 8.03 Concept Utility Relocation Plans
The Civil portion of the TSL report shall document the preferred concept alignment
and shall include concept utility relocation plans for all utilities shown and identified
within Task 3.
Task No. 8.04 Earthwork Assessment
The Civil work includes identifying all volumetric changes within the fioodplain based
upon the preferred concept alignment. Cut and Fill boundaries will be shown on the
General Plan and Profiles, and Typical Sections will be shown on a separate plan.
Task No. 8.05 Stormwater Improvements
The Civil work includes identifying concept conveyance, treatment, and detention
systems for stormwater that would need to be constructed based upon the preferred
concept alignment. Stormwater facilities will be designed in accordance with the
current City guidelines.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian/Bicycle Bridge TSL Bridge Report
Page 12
Task No. 8.06 Cost Estimate
The Civil work includes identifying quantities of proposed civil road and site work,
and assessing costs for said work for the preferred concept alignment. Costs shall
include other associated items such as administration, design and construction
management.
Deliverables
Participation in project meetings (Task No. 10 11)
Civil sections of the TSL Report
Stormwater conveyance and treatment concepts
Cost Estimate for civil components of preferred alternative
Assumptions
Traffic and Accident Data for SR 181 (West Valley Highway) and Christensen
Road will be provided by others.
TASK 9.0 STRUCTURAL ENGINEERING
KPFF shall perform the structural engineering work.
Task No. 9.01 Bridge Alternative Analysis
Once the trail alignment has been determined, the bridge alternatives shall be
developed. The member types and sizes shall be determined for discussion in the
workshops and inclusion in the TSL report. Conceptual level structural analysis
shall establish the member types and depth, railing types, types of foundations,
abutment types and sizes, depths of footings and estimated numbers of piles (if
piles are required). This work will be done in coordination with the work done under
Task 10.
Task No. 9.02 Bridge Cost Analysis
Cost Estimate: Program costs including administration, design and construction
costs shall be estimated for the proposed structures.
Funding Sources: As part of the bridge alternative analysis KPFF will assist the City
in completing the documentation necessary for seeking additional funding.
Task No. 9.03 Bridge Conceptual Drawings
Conceptual plan drawings shall show the plan, elevation and typical section for each
bridge alternative. The drawings will be supplemented as necessary to define any
unique features being implemented.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 13
Task No. 9.04 Bridge Sections for TSL Report
The criteria, constraints and procedures used in determining the structural
alternatives will be included in the bridge sections of the TSL Report. Advantages
and disadvantages will be outlined for each alternative including cost and
constructability.
Deliverables
Bridge type alternatives
Participation in project meetings (Task No. 10 11)
Structural sections of the TSL Report
Bridge TSL drawings
Cost estimate for structural components
TASK 10.0 BRIDGE AESTHETICS COLLABORATION
LMN will be providing architectural collaboration through the project alternative analysis.
They will assist in creating conceptual bridge forms. LMN along with KPFF will prepare
computer generated renderings and /or hand drawings of a maximum of three preferred
aesthetic design concepts.
A four -hour bridge aesthetic meeting will be held to develop aesthetic design concepts
to be presented in Workshop No.1. These early conceptual designs will be used to
show the range of options and also stimulate ideas and discussion during the initial
workshop.
LMN shall create larger scale and more refined renderings of the project alternatives
being moved forward from Workshop No.1. These drawings will then be used during
Workshop No. 2 to inform the public of the alternatives being considered and during
Workshop No. 3 to assist in the preferred alternative selection. After the preferred
alternative is selected, LMN will create final renderings and one physical model.
LMN as an additional service to the City can produce renderings for more than the three
prescribed alternatives and can construct physical models for project alternatives in
addition to the preferred alternative.
Deliverables
Bridge alternative renderings (Assume 3 bridge renderings)
Physical model of preferred bridge alternative
Participation in project meetings (Task No. 10 11)
Participation in Workshop #1 and #3 (Task No. 7.01 7.03)
Architectural treatments
Cost estimate for architectural treatments
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 14
TASK 11.0 -URBAN DESIGN AND WAYFINDING
KPG shall perform the work integrating this project with the Tukwila Urban Center
vision. KPG shall lead the urban design and trail alignment options through the project
alternative analysis. Urban design and trail alignment alternatives shall include the
following components:
Bridge Approaches
Wayfinding
Trail Alignment Alternatives
Landscape
Identify Pathway (Tukwila Urban Center) Character
Pedestrian Safety
Assist with Pathway Design Parameters
Identify adjacent roadway crossings at West Valley Highway and Christensen
A four -hour corridor project meeting will be held to develop conceptual ideas for the
urban design to be presented in Workshop No.1. These early conceptual designs will
be used to show the range of options and also stimulate ideas and discussion during
the initial workshop.
Deliverables
Alternative trail alignment renderings
Draft Technical Memorandum on evaluation of concept alignments
Final Technical Memorandum on evaluation of concept alignments
Participation in project meetings (Task No. 10 11)
Participation in Workshop #1 and #3 (Task No. 7.01 7.03)
Pathway sections
Urban design construction materials
Cost estimate for trail alignment alternatives
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 15
TASK 12.0 TYPE, SIZE AND LOCATION (TSL) REPORT
The TSL report shall describe the project, the proposed structure, and give reasons why
the bridge type, size, and location were selected.
The report shall include the following items:
Cover, Title Sheet, and Index
Executive Summary
Introduction
Project Description
Design Criteria
Conceptual Studies
o Aesthetics
o Site constraints
o Regulatory constraints
o Construction requirements
o Foundations
o Hydraulics
o Urban design
o Structure types
o Approach styles
o Maintenance
Project alternatives
Cost estimates
Appendices
o Photographs
o Workshop Meeting Minutes
o Technical Memorandums
Deliverables
Draft TSL Report (six hardcopies, one electronic copy)
Final TSL Report (six hardcopies, one electronic copy)
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian/Bicycle Bridge TSL Bridge Report
Page 16
SCHEDULE
It is anticipated that this proposed work should be completed by March 31, 2008.
ASSUMPT IONS
The scope of work for obtaining permits, right -of -way acquisition, right -of -way plans,
environmental assessment, and construction document preparation shall be proposed
and negotiated after the TSL phase of work is complete.
The City of Tukwila shall provide the following:
o All support files including aerial contours, mapping, photography, and any GIS
information that is available for this project site.
o Current City Standard Plans.
TASK 13.0 PLANS, SPECIFICATIONS AND ESTIMATED COSTS (PSE) PHASE
The PSE Phase shall take the preferred alternative selected in the TSL Study through final
design and construction documentation. The PSE Phase will include the completion of the
design calculations, contract plans, contract specification and the engineer's estimated
construction costs. The scope and fee for this task will be determined at a later date.
TASK 14.0 GEOTECHNICAL ANALYSIS
This task will include the completion of all field exploration and laboratory testing needed to
finalize the geotechnical recommendations for the project. Tasks are expected to include
field borings, laboratory testing, and foundation type recommendations. The scope and fee
for this task will be determined at a later date.
TASK 15.0 HYDRAULIC AND SCOUR ANALYSIS
This task shall cover the investigation of the hydraulics and scour associated with
constructing a bridge over the Green River. This study involves performing a hydraulic
analysis, determining the bridge hydraulic opening, calculating scour depths, evaluating
abutment and bank protection measures, and preparing documentation to meet the needs
and requirements of the project. The scope and fee for this task will be determined at a
later date.
TASK 16.0 ENVIRONMENTAL SERVICES
Environmental services will include the finalization of the list of permits required for the
project and the completion of these permits. The scope and fee for this task will be
determined at a later date.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 17
TASK 17.0 RIGHT -OF -WAY SERVICES
This task will include the preparation of right -of -way plans and legal descriptions. It is
assumed at this time that the City would determine property values and conduct land
acquisition negotiations, as necessary. The scope and fee for this task will be determined
at a later date.
TASK 18.0 LAND SURVEYING
The survey will include locations of utilities, surface features, drainage corridors, and
roadway and bridge features. The survey will also include locating test pits and borings and
any wetland delineations. The scope and fee for this task will be determined at a later date.
TASK 19.0 CONSTRUCTION SUPPORT SERVICES
The project team can provide construction support to the City as the project design is
completed and the project goes to advertisement and then construction. Tasks could
include attending preconstruction meetings, answering contractors' requests for information
(RFI), submittal review and site visits. The scope and fee for this task will be determined at
a later date.
Exhibit D -2
Payment (Cost Plus a Fixed Fee)
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
specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non -salary costs, and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are
included as such on the booksof the CONSULTANT in the normal everyday
keeping of its books. Progress payments shall be made at the rateshown in the
heading of this AGREEMENT under "Overhead Progress Payment Rate." Total
overhead paymentshall be based on the method shown in the heading of the
AGREEMENT. The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maximum Total Amount Payable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit "E" attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used, the
CONSULTANT (prime and all sub consultants) will submit to the AGENCY
within six (6) months after the end of each firm's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures, etc.) for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140 -089 EF Exhibit D -2
Revised 6/05
Failure to supply this information by either the prime CONSULTANT or any of their
sub consultants shall cause the AGENCY to withhold payment of the billed overhead
costs until such time as the required information is received and an overhead rate for
billing purposes is approved.
The AGENCY, STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books andrecords at any time during regular business hours to
determine the actual overhead rate, if they so desire.
3. 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 fees of sub consultants. 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
Code of Federal Regulations (CFR) Part 31.205 -46 "Travel Costs." The billing for
Direct Non Salary Costs shall include an itemized listing of the charges directly
identifiable with the PROJECT. 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. All above charges must be necessary
for the services provided under this AGREEMENT.
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in
the heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee, which could be authorized from the Management Reserve Fund.
This fee is based on the Scope of Work defined in this AGREEMENT and the
estimated person -hours required to perform the stated Scope of Work. In the event the
CONSULTANT enters into a supplemental AGREEMENT for additional work, the
supplemental AGREEMENT may include provisions for the added costs and an
appropriate additional fee. The Fixed Fee will be prorated and paid monthly in
proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed
Fee earned but not previously paid in the progress payments will be covered in the
final payment, subject to the provisions of Section IX entitled "Termination of
Agreement."
5. 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."
6. 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.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item
including Direct Salary, Direct Non Salary, and allowable Overhead Costs to which will be added
the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
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.
C. 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.
D. 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 -1
Consultant Fee Determination Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Tukwila Urban Center, Pedestrian/Bicycle Bridge Type, Size And Location (TSL) Bridge Report
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Principal 72.0 X 56.00 4,032.00
Project Manager 232.0 X 50.00 11,600.00
Senior Engineer II 392.0 X 47.00 18,424.00
Design Engineer II 184.0 X 35.00 6,440.00
Project Coordinator 12.0 X 30.00 360.00
CAD Drafter 272.0 X 30.00 8,160.00
Administration 11.0 X 20.00 220.00
X
X
Total DSC 49,236.00
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of 1.2827 x 49,236.00 63,155.02
Fixed Fee (FF):
FF Rate x DSC of 0.30 x 49,236.00 14,770.80
Reimbursables:
Itemized 500.00
Subconsultant Costs (See Exhibit G): 112,095.00
Grand Total 239,756.82
Prepared By: KP1-1 Date: June 5, 2007
DOT Form 140 -089 EF Exhibit E -1
Revised 6/05
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
TTrhan Planning KPCT Tue.
Surveying KPCT Tue.
Rridg Architecture T MN Architects
Environmental Services T.andan Associates
Cieotechnical Engineering T.andau Associates
DOT Form 140 -089 EF Exhibit G
Revised 6/05
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
Project: Tukwila Urban Center, Pedestrian/Bicycle Bridge Type, Size And Location (TSL) Bridge Report
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Senior Designer 51.0 X 60.10 3,065.10
Project Surveyor 4.0 X 43.75 175.00
Designer Surveyor 183.0 X 38.46 7,038.18
2 Man Survey Crew 40.0 X 67.30 2,692.00
Technician 210.0 X 19.23 4,038.30
X
X
X
X
Total DSC 17,008.58
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of 1.5677 x 17,008.58 26,664.35
Fixed Fee (FF):
FF Rate x DSC of 0.35 x 17,008.58 5,953.00
Reimbursables:
Itemized 1,940.00
Grand Total 51,565.93
Prepared By: KPG Date: June 5, 2007
DOT Form 140 -089 EF Exhibit G -1
Revised 6/05
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
Project: Tukwila Urban Center, Pedestrian/Bicycle Bridge Type, Size And Location (TSL) Bridge Report
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Partner 21.0 X 258.77 5,434.17
Project Manager 31.0 X 122.92 3,810.52
Project Designer 55.0 X 116.45 6,404.75
Project Architect 134.0 X 103.51 13,870.34
Intern 200.0 X 61.46 12,292.00
Administration 12.0 X 80.87 970.44
X
X
X
Total DSC 42,782.22
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of x 42,782.22 0.00
Fixed Fee (FF):
FF Rate x DSC of x 42,782.22 0.00
Reimbursables:
Itemized 900.00
Grand Total 43,682.22
Prepared By: LMN Architects Date: June 5, 2007
DOT Form 140 -089 EF Exhibit G -1
Revised 6/05
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
Project: Tukwila Urban Center, Pedestrian/Bicycle Bridge Type, Size And Location (TSL) Bridge Report
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Senior Associate 18.0 X 48.00 864.00
Senior Project 36.0 X 32.00 1,152.00
Project 66.0 X 27.00 1,782.00
Assistant 20.0 X 18.00 360.00
CAD 10.0 X 26.00 260.00
Project Coordinator 13.0 X 22.00 286.00
X
X
X
Total DSC 4,704.00
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of 2.1113 x 4,704.00 9,931.56
Fixed Fee (FF):
FF Rate x DSC of 0.30 x 4,704.00 1,411.20
Reimbursables:
Itemized 800.00
Grand Total 16,846.76
Prepared By: Landau Associates Date: June 5, 2007
DOT Form 140 -089 EF Exhibit 0-1
Revised 6/05
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
AGREEMENT, the AGENCY impose such AGREEMENT shall im
non- discruntnation provisions of this A p
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 6105
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 I
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 film that is included in the claim;
Any correspondence that directed the consultant to perform the additional work;
Timeframe of the additional work that was outside of the project scope;
Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement, or
create a new agreement for the claim. After the request has been approved, the Agency shall write the
supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant
that the final payment for the agreement is subject to audit. No further action in needed regarding the
claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
Agency's summation of hours by classification for each firm that should be included in the
claim;
Any correspondence that directed the consultant to perform the additional work;
Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and
FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation,
payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M -1(a)
Certification Of Consultant
Project No.
Local Agency
I hereby certify that I am David K. McMullen and duly authorized
representative of the firm of KPFF Consulting Engineers whose address is
1601 Fifth Avenue, Suite 1600, Seattle, WA 98101 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.
Date 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.
Date Signature
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): KPFF Consulting Engineers
(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 (Film): KPFF Consulting Engineers
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
Exhibit M -4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of KPFF Consulting Engineers x
are accurate, complete, and current as of April 30, 2006 *x. 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 KPF'F' Consulting Engineers
Name David K. McMullen
Title Associate
Date of Execution***
Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
xxx 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
w 9 sy''• City of Tukwila
h Transportation Committee
N r���
/Ns
TRANSPORTATION COMMITTEE
Meeting Minutes June 11, 2007- 5:00 p.m.
PRESENT
Councilmembers: Pam Carter, Chair; Pam Linder and Joe Duffle
Staff: Jim Morrow, Jack Pace, Frank Iriarte, Maggi Lubov, Jaimie Reavis, Cyndy Knighton,
Bob Giberson and Kimberly Matej
CALL TO ORDER: Committee Chair Carter called the meeting to order at 5:08 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. Commute Trin Reduction Efficiency Act and Local CTR Plan
Maggi Lubov, CTR Coordinator, reported that recent changes have been made in C 1'R legislation at the state
level. These changes focus on congested traffic areas and will focus local CTR efforts on the efficient use of
highways. Additionally, the CTR responsibility shifts to jurisdictions rather than employers. In the local
Tukwila plan, the goal will be for participants to reduce single occupancy rates by 10% and miles traveled by
13% by the year 2010.
The City must submit an updated draft plan to Puget Sound Regional Council (PSRC) for review by July 2.
PSRC will comment on the plan, staff will make appropriate changes and will return to Committee and full
Council prior to the plan going to the Governor appointed board for review. Staff also intends to post the draft
plan on the City's website for comment. Ordinance revisions will also be handled through this process. Staff
anticipates the plan will be available for viewing on the website by the end of the month, and PSRC should
return comments on the plan by September.
Jaimie Reavis, Assistant Planner, briefly explained the Growth and Transportation Efficiency Center (GTEC)
which focuses on CTR issues of smaller areas within the City. Staff is currently looking at the Tukwila Urban
Center in order to reduce drive alone rates and take advantage of public transportation. Staff encouraged
anyone with questions to contact Maggi or Jamie for additional information. INFORMATION ONLY.
B. Pedestrian Bridge Over Green River Project Consultant Selection
Staff is seeking approval to enter into a contract with KPFF Consulting Engineers for a type, size and location
services report for a pedestrian bridge over the Green River. This contract is for consultant identification of the
best possible bridge location within a general footprint area.
The Committee recommends that staff clarify the information memo to state what is trying to be achieved
through this process, as well as to state, very clearly, that this contract is only for consultant identification of a
ee has requested that a ma
of the general area being
possible bridge location. Additionally, the Comrrntt q map g g
p g
T APPROVAL. FORWARD TO
for full Council. UNAl\IVi IOUS
discussed be included in the submission
JUNE 25 COW FOR DISCUSSION.
M. ANNOUNCEMENTS No announcements.
IV. MISCELLANEOUS Meeting adjourned at 5:43 p.m.
Next meeting: Monday, June 25, 2007 5:00 p.m. Conference Room 1
si.??0, Committee Chair Approval
Minutes by KAM