HomeMy WebLinkAboutCOW 2006-03-27 Item 5C - Agreement - 2006-2007 Construction Management with KBA, Anchor Environmental, Jacobs, DMJM Harris & CH2M Hill COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 06-036 I ORIGINAL AGENDA DA 1E: MARCH 27, 2006
AGENDA ITEM TITLE Construction Management Services 2006-2007
CATEGORY Discussion Motion Resolutton Ordinance Bid Award Public Heanng Other
Mtg Date 3/27/06 Mtg Date 4/3/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pd,R Police PW
SPONSOR'S New federal regulations require all consulting firms to be selected after advertising and
SIYASIARY interviews. On February 1 and 8, 2006, a Request for Qualifications was advertised for
construction management. The top five firms are KBA, Anchor Environmental, Jacobs,
DM]M Harris and CH2M Hill. All five firms will sign agreements for federally- funded
projects and City- funded projects. When a project is starting and a specific firm has been
chosen, a supplement with costs will be brought back to Council for approval.
REVIEWED BY COW Mt CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 3/07/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign two blanket contracts with five firms.
COMMIrIEE Authorize Mayor to sign contracts.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
3/27/06 1
4/3/06 1
MTG. DATE I ATTACHMENTS
3/27/06 1 Information Memo dated March 1, 2006
Consultant Ranking
Consultant Sample Agreements, Federally- Funded and City- Funded
Utilities Committee Minutes from March 7, 2006
I
4/3/06
INFORMATION IVIEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Directo~
March 1, 2006
2006-2007 Construction Manal!ement Services
Consultant Selection and Agreements
ISSUE
Authorize the Mayor to execute consultant agreements with the firms listed below. These
blanket agreements are general in nature without project specific scope and fees.
BACKGROUND
A Request for Qualifications (RFQ) was advertised in The Seattle Times and the Daily Journal
of Commerce on February 1 and February 8, 2006. Nine Statements of Qualifications (SOQs)
were received and have been evaluated and ranked according to the criteria set forth in the RFQ.
ANALYSIS
The RFQ stated that up to five firms would be selected for blanket agreements and potentially
project specific supplements. The nine SOQs were all superior, which made the evaluation and
ranking very difficult. Out of 100 points possible, the nine firms were scored at a range of 68 to
86. The top five firms are KBA, Anchor Environmental, Jacobs, DMJM Harris and CH2M
HILL. The four firms not selected (Harris & Associates, Earth Tech, Vanir and Parsons
Brinckerhoff) are all highly qualified and will be kept in our files for future work should the need
anse.
Due to new federal regulations, all consulting firms can only be selected after advertising and
interviews are conducted (even if it's by telephone). The top five firms have been interviewed
by telephone to make sure that they are experienced and qualified in administering federal
construction funds.
Project specific scope and fees will be brought forward to committee for information. The
supplements will be brought to COW and Council ifthe budget is exceeded.
RECOMMENDATION
Authorize the Mayor to execute consultant agreements with the top five firms listed above for
two-year blanket agreements without project specific scopes and fees. Due to a high number of
City-funded and federally-funded projects, two agreement styles will be routed for each firm
(City-funded and federally-funded). Specific project supplements will be brought to Committee
and Council, as deemed appropriate.
attachment
(hli<<\UC 030106 2006-2007 CM S<m=J
2006 - 2007 CM CONSULTANTS
~!iJ[f!jJ[P!1[~i
STANDARD CONSULTANT
AGREEMENT
CONSULTANT I ADDRESS I TELEPHONE
[CONSULTANT NAME]
AGREEMENT NUMBER
FEDERAL AID NO.
PROJECT TITLE AND WORK DESCRIPTION
A D LUMP SUM City of Tukwila 2006-2007 On-Call
G LUMP SUM AMOUNT $ Construction Management Services
R
E DBE PARTICIPATION (Voluntary)
E II COST PLUS FIXED F-=E
M OVERHEAD PROGRESS DYES . NO %
E PAYMENT RATE $ %
MBE PARTICPATION (Voluntary)
N OVERHEAD COST METHOD . YES D NO 49.45 %
T
T D ACTUAL COSTS NOT FEDERAL 10 NO
TO EXCEED % OR S S NO Do you require a 1099 for IRS?
y
P xx-xxxxxxxx DYES . NO
E II FIXED RATE 140%
C
H FIXED FEE as authorized in each
E proiect specific supplement
C calculated as 12% x (OS + OH)
K D SPECIFIC RATES OF PAY
COMPLETION MAXIMUM AMOUNT
0 D NEGOTIATED HOURLY RATE DATE PAYABLE
N D PROVISIONAL HOURLY RATE
E 2 years from date of To Be Negotiated by
Mayor's Signature project specific
D supplements
COST PER UNIT WORK
(I) Home Office Overhead Rate (2) Field Overhead Rate
THIS AGREEMENT, made and entered mto thIS day of
, 2006, between the CIty of Tukwila PublIc Works Department, Washmgton, heremafter
called the "AGENCY", and the above orgamzatIOn heremafter called the "CONSULTANT"
WITNESSETH THAT'
WHEREAS, the AGENCY desIres to accomplIsh the above referenced project, and
WHEREAS, the AGENCY does not have sufficIent staff to meet the reqmred comrrutment and therefore
deems It advIsable and desIrable to engage the assIstance of a CONSULT ANT to provIde the necessary
servIces for the PROJECT, and,
WHEREAS, the CONSULTANT represents that he/she IS m complIance wIth the Washmgton State Statutes
relatmg to professIOnal regIstratIOn, If applIcable, and has signIfied a willmgness to furnIsh Consultmg
seIVlces to the AGENCY,
NOW THEREFORE, in consideration of the tenus, condition, covenants and performance contained herem, or attached
and incorporated and made a part hereof, the parties hereto agree as
I
GENERAL DESCRIPTION OF WORK
The work under this AGREEMENT shall consIst of the above described work and seIVlces as herem defined
and necessary to accomplIsh the completed work for thIS PROJECT. The CONSULTANT shall furnIsh all
seIVlces, 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 project level of effort for this project IS detailed In ExhibIt "B-I" 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 mdIVIduals
shall receIve advance approval by the AGENCY. Necessary contacts and meetmgs wIth agencIes, groups or
mdIViduals shall be coordinated through the AGENCY.
The CONSULTANT shall attend coordmation, progress and presentatIOn meetings with the AGENCY or
such Federal, Community, State, City, or County officials, groups, or indIVIduals as may be requested by the
AGENCY. The AGENCY will proVIde the CONSULTANT sufficient notIce prior to meetmgs requmng
CONSULTANT participation. The minimum number of hours or days notice reqUIred shall be agreed to
between the AGENCY and the CONSULTANT and shown m ExhibIt "B-I" attached hereto and made a part
of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by
the AGENCY, that will outlme in wntten and graphical form the vanous phases and the order of
performance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals
for Disadvantaged Business Enterprises (DBE) and Women Owned Business Enterpnses (WBE), If
requITed, shall be shown m the heading of thIs AGREEMENT.
All reports, PS&E materials, and other data, funnshed to the CONSULTANT by the AGENCY shall be
returned. All designs, drawmgs, specIfications, documents, and other work products prepared by the
CONSULTANT prior to completIon or terminatIon of this AGREEMENT are mstruments of service for thIs
PROJECT and are 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 occumng as a part of thIs PROJECT, shall
be WIthOUt liabilIty or legal exposure to the CONSULTANT.
IV
TIME FOR BEGINNING AND COMPLETION
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authonzed m
writing by the AGENCY. All work under thIs AGREEMENT shall be completed by the date shown m the
heading of this AGREEMENT under completion date.
2
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 pnor supplemental agreement Issued by the
AGENCY IS required to extend the establIshed completIon time
V
PA YMENT
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as proVIded in ExhibIt "C-2" attached hereto, and by thIs reference made part of thIS
AGREEMENT. Such payment shall be full compensatIOn for all work performed or servIces rendered and
for all labor, matenals, supplies, eqUipment, and mcidentals necessary to complete the work specIfied m
SectIOn II, "Scope of Work". The CONSULTANT shall conform wIth the applIcable portIons of 48 CFR 31.
VI
SUBCONTRACTING
The AGENCY permIts subcontracts for those items of work as shown m ExhibIt "G-I" to this
AGREEMENT.
Compensation for this sub consultant work shall be based on the cost factors shown on ExhibIt "G", attached
hereto and by thIs reference made a part of thIS AGREEMENT.
The work of the sub consultant shall not exceed ItS maximum amount payable unless a pnor written approval
has been issued by the AGENCY.
All reimbursable direct labor, overhead, drrect nonsalary costs and fixed fee costs for the sub consultant shall
be substantIated m the same manner as outlined ill SectIon V. All subcontracts exceedmg $10,000 m cost
shall contain all applicable proVIsions of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any work under thIS AGREEMENT
without pnor written permIssion of the AGENCY. No permIssion for subcontractmg shall create, between
the AGENCY and subcontractor, any contract or any other relatIOnshIp.
VII
EMPLOYMENT
The CONSULTANT warrants that he/she has 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, connmssion, 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 nght 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,
connmssion, percentage, brokerage fee, gift or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged ill the performance of any
work or servIces requrred 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 mayor might anse 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 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.
3
The CONSULTANT shall not engage, on a full or part tIme basIs, or other basIs, dunng the penod of the
contract, any professIOnal or technIcal personnel who are, or have been, at any tIme dunng the penod of the
contract, m the employ of the Umted States Department of TransportatIOn, the STATE, or the AGENCY,
except regularly retIred employees, wIthout wntten consent of the public employer of such person.
VIII
NONDISCRIMINATION
The CONSULTANT agrees not to dIscriminate agamst any chent, employee, or applIcant for employment or
for services because of race, creed, color, national origin, marital status, sex, age, or handIcap except for a
bona fide occupational qualIfication, with regard to, but not lImIted to the followmg: employment upgradmg,
demotIOn or transfer, recruitment or any recruitment advertising, a layoff or termination, rates of payor
other forms of compensatIon, selectIOn for trainmg, rendItion of servIces. The CONSULTANT understands
and agrees that if it VIolates this provisIOn, thIs AGREEMENT may be terminated by the AGENCY and
further that the CONSULTANT shall be,barred from performing any servIces for the AGENCY now or m
the future unless a showmg is made satisfactory to the AGENCY that discriminatory practIces have
terminated and that recurrence of such actIon is unlikely.
Dunng the performance ofthIs AGREEMENT, the CONSULTANT, for Itself, its assignees and successors
in interest agrees as follows:
A. COMPLIANCE WITH REGULATIONS
The CONSULTANT shall comply With the RegulatIOns relatIve to nondlscnmmatIOn in the same
manner as in Federally-assIsted programs of the Department of TransportatIon, TItle 49, Code of
Federal Regulations, Part 21, as they may be amended from tIme to tIme, (heremafter referred to as
the RegulatIOns), which are herein mcorporated by reference and made a part of thIS AGREEMENT.
The CONSULTANT shall comply with the American DIsabilitIes Act of 1992, as amended.
B. NONDISCRIMINATION
The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not
dIscnminate on the grounds of race, creed, color, sex, age, mantal status, natIOnal origm, or
handIcap except for a bona fide occupatIOnal qualIficatIon, in the selectIon and retentIOn of
sub consultants, including procurements of materials and leases of eqUIpment. The CONSULTANT
shall not participate eIther dIrectly or indIrectly m the dIscnmination prohibIted by SectIOn 21.5 of
the RegulatIOns, mcludmg employment practIces when the contract covers a program set forth m
Appendix II of the Regulations.
C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCURE-MENTS OF MATERIALS AND
EQUIPMENT
In all SolIcItatIOns eIther by competItIve bIddmg or negotIatIon made by the CONSULTANT for
work to be performed under a subcontract, mc1udmg procurements of matenals 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
nondIscrimmation on the grounds of race, creed, color, sex, age, mantal status, natIonal ongm, and
handicap.
D. INFORMATION AND REPORTS
4
The CONSULTANT shall provIde all information and reports reqUired by the RegulatIons, or
dIrectIves Issued pursuant thereto, and shall penmt access to its books, records, accounts, other
sources of mformatIOn, and Its facilItIes as may be detenmned by the AGENCY to be pertment to
ascertam complIance wIth such Regulations or dIrectives. Where any informatIOn required of the
CONSULTANT is in the exclusIve posseSSIOn of another who fails or refuses to furnish this
mformatIOn the CONSULTANT shall so certIfy to the AGENCY, or the Umted States Department
of TransportatIOn as appropnate, and shall set forth what efforts It has made to obtam the
informatIOn.
E. SANCTIONS FOR NONCOMPLIANCE
In the event of the AGENCY's dIscovery of the CONSULTANT's noncomplIance wIth the
nondIscrimination proVIsIOns of tlus AGREEMENT, the AGENCY shall impose such sanctIOns as It
or the Federal Highway AdminIstratIOn may determme to be appropriate, includmg, but not lImited
to:
l.Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complIes, and/or
2.CancellatIOn, termination, or suspension of the AGREEMENT, in whole or m part.
F INCORPORATION OF PROVISIONS
The CONSULTANT shall mclude the proVIsIOns of paragraphs (A) through (G) m every
subcontract, including procurements of matenals 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 or the Federal Highway
Administration may direct as a means of enforcmg such provisIOns includmg sanctIons for
noncompliance; provided, however, that, m the event a CONSULTANT becomes mvolved in, or IS
threatened wIth, lItIgatIon with a sub consultant or supplier as a result of such dIrectIon, the
CONSULTANT may request the AGENCY to enter into such lItIgatIon to protect the mterests of the
AGENCY, and m addItIOn, the CONSULTANT may request the Umted States to enter mto such
lItigatIon to protect the interests of the Umted States.
G. UNFAIR EMPLOYMENT PRACTICES
The CONSULTANT shall comply with RCW 49.60.180 and Executive Order Number E.O. 77-13 of
the Governor of the State of Washington, which prohibIts unfair employment practices.
IX
TERMINATION OF AGREEMENT
The right IS reserved by the AGENCY to termmate tlus AGREEMENT at any tIme upon ten days written
notice to the CONSULTANT.
In the event thIs AGREEMENT IS termmated by the AGENCY other than for default on the part of the
CONSULTANT, a fmal payment shall be made to the CONSULTANT, as shown m ExhibIt "F" for the type
of AGREEMENT used.
No payment shall be made for any work completed after ten days followmg receipt by the CONSULTANT
of the NotIce to Terminate. If the accumulated payment made to the CONSULTANT prior to NotIce of
TermmatIon exceeds the total amount that would be due computed as set forth herem above, then no final
payment shall be due and the CONSULTANT shall llmnediately reImburse the AGENCY for any excess
paId.
5
If the servIces of the CONSULTANT are tenmnated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply. In such an event, the amount to be paId
shall be determmed by the AGENCY wIth consIderatIOn glVen to the actual costs mcurred by the
CONSULTANT m performmg the work to the date of termmatIOn, the amount of work ongmally reqUIred
whIch was satIsfactorily completed to date of termmatIOn, whether that work IS m a form or a type whICh IS
usable to the AGENCY at the tIme of termmatIOn; the cost to the AGENCY of employmg 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 termmatIOn. Under no CIrcumstances shall
payment made under thIS subsectIOn exceed the amount whIch would have been made usmg the formula set
forth m the preVIOUS paragraph.
If it is determined for any reason that the CONSULTANT was not m default or that the CONSULTANT's
failure to perform is wIthout it or It'S employee's fault or neglIgence, the terminatIOn shall be deemed to be a
termmatIon for the convemence of the AGENCY m accordance wIth the proVIsion oftms AGREEMENT.
\
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 pnncIpally involved employee, the SUrvIvmg members of the CONSULTANT hereby
agree to complete the work under the terms of thIS AGREEMENT, If requested to do so by the AGENCY.
The 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 m the preVIOUS paragraph, should the sUrvIVIng members
of the CONSULTANT, wIth the AGENCY's concurrence, desIre to termmate 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 agamst 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 onnSSIon by the CONSULTANT.
X
CHANGES OF WORK
The CONSULTANT shall make such changes and revisIOns m the completed work oftms AGREEMENT as
necessary to correct errors appearing therein, when requIred to do so by the AGENCY, wIthout addItIOnal
compensatIOn therefor. Should the AGENCY fmd It desIrable for ItS own purposes to have previously
satisfactorily completed work or parts thereof changed or revised, the CONSULT ANT shall make such
revisions as directed by the AGENCY. ThIs work shall be consIdered as Extra Work and will be paid for as
herem proVIded under SectIOn XIV.
XI
DISPUTES
Any dIspute concerning questIOns of fact m 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 Engmeer, whose decIsIon m the matter shall be fmal and bmdmg on the partIes to thIS
AGREEMENT, provided, however, that If an action IS brought challengmg the DIrector of PublIc Works or
AGENCY Engmeer's decision, that decIsIOn shall be subject to de novo JudIcIal reVIew.
6
XII
VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION
In the event that eIther party deems It necessary to mstItute legal action or proceedmgs to enforce any nght
or oblIgatIOn under thIS AGREEMENT, the parties hereto agree that any such action shall be InItiated In the
Supenor court of the State of Washington, situated In the AGENCY whIch it is located In. 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 Supenor court m accordance wIth the
laws of the State of WashIngton. The CONSULTANT hereby consents to the personal JunsdIctIOn of the
Superior court of the State of Washington, situated in King County.
XIII
LEGAL RELA TIONS AND INSURANCE
The CONSULTANT shall comply wIth all Federal, State and local laws and ordinances applIcable to the
work to be done under this AGREEMENT. ThIs AGREEMENT shall be Interpreted and construed in
accord With the laws of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and theIr 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 and the STATE agaInst and hold harmless the AGENCY and the STATE from
claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, theIr agents,
officers and employees and proVided further that If the clanns or suits are caused by or result from the
concurrent neglIgence of (a) the CONSULTANT's agents or employees and (b) the AGENCY and the
STATE, their agents, officers and employees, this mdemnIty proVisIon wIth respect to (1) claims or SUItS
based upon such neglIgence, (2) the costs to the AGENCY and the STATE of defending such claims and
SUItS, etc. shall be valId and enforceable only to the extent of the CONSULTANT's negligence or the
neglIgence of the CONSULTANT's agents or employees. NotwIthstandIng anythIng In this agreement, In no
event shall eIther Consultant or Agency be lIable to the other for any mdIrect, specIal or consequentIal
damages whether arising in contract, tort (includIng negligence), statue, or stnct lIabilIty.
The CONSULTANT's relation to the AGENCY shall be at all tImes as an independent contractor
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 Industnal insurance law, TItle 51 RCW.
The CONSULTANT recognIzes that thIS waiver was specIfically entered Into pursuant to the proVisions of
RCW 4.24.115 and was the subject of mutual negotIahon.
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 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 perfonn 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 followmg Insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to RCW 48.
Insurance Coverage
A. Worker's compensation and employer's lIability Insurance as reqUIred by the STATE.
7
B. Regular publIc lIabilIty and property damage msurance m an amount not less than a smgle lImit of
one millIon and 00/100 Dollars ($1,000,000.00) for bodily mJury, mcludmg death and property
damage per occurrence.
Exceptmg the Worker's CompensatIon msurance and any professIOnal lIabilIty msurance secured by the
CONSULTANT, the AGENCY will be named on all certIficates ofmsurance as an addItIonal msured. The
AGENCY reserves the nght to requITe complete, certIfied copies of all required msurance polIcIes at any
tIme.
All msurance shall be obtamed from an msurance company authonzed or approved to do busmess m the
State of WashIngton. The CONSULTANT shall submit a venficatIon of msurance as outlmed above within
14 days of the execution of thIS AGREEMENT to the Agency.
No cancellatIOn of the foregoing pohcies shall be effectIve wIthout thIrty (30) days pnor notice to the
AGENCY. \
The CONSULTANT's professIOnal liability shall be lumted to the amount payable under thIS
AGREEMENT or one millIon dollars, whIchever is the greater unless modIfied by Exhibit H. In no case
shall the CONSULTANT's professional liability to third partIes be limited m any way.
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 them under other provisIOns of this AGREEMENT, or otherwise m law.
XIV
EXTRA WORK
A. The AGENCY may at any time, by wntten 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 requITed 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 accordmgly.
C. The CONSULTANT must sublTIlt Its "request for eqUItable adjustment" (hereafter referred to as
claim) under thIs clause WithIn 30 days from the date of receIpt of the wntten order. However, If the
AGENCY decIdes that the facts justify it, the AGENCY may receive and act upon a claIm sublTIltted
before final payment of the AGREEMENT.
D. Failure to agree to any adjustment shall be a dIspute under the DIsputes clause. However nothmg m
this clause shall excuse the CONSULTANT from proceedmg 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 wntten supplement to this AGREEMENT.
XV
ENDORSEMENT OF PLANS
The CONSULTANT shall place his endorsement on all plans, estimates or any other engineenng data
furnIshed by hIm.
8
XVI
FEDERAL AND STATE REVIEW
The Federal Highway AdmInIstratIOn and the Washmgton State Department of TransportatIOn shall have the
nght to partIcipate m the reVIew or examinatIOn of the work m progress.
XVII
CERTIFICATION OF THE CONSULTANT AND THE AGENCY
Attached hereto as ExhibIt "A-I" are the CertIficatIOns of the CONSULTANT and the AGENCY, ExhibIt
"A-2" CertIficatIon regardmg debannent, suspensIon, and other responsibility matters, pnmary covered
transactions, and ExhibIt "A-3" CertIfication regardmg the restrIctIons of the use of Federal funds for
lobbymg, and ExhibIt "A-4" Certificate of Current Cost or Pricmg Data. Exhibits "A-3" and "A-4" are only
requITed in AGREEMENTS over $100,000.00.
XVIII
COMPLETE AGREEMENT
This document and referenced attachments contains all covenants, stlpulatIOns, and prOVISIons agreed upon
by the partIes. No agent, or representatlve of either party has authonty 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 tenns hereof shall be valId unless reduced to writing and
signed by the parties as an amendment to thIS AGREEMENT.
9
XIX
EXECUTION AND ACCEPTANCE
TIns AGREEMENT may be sImultaneously executed in several counterparts, each of whIch shall be deemed
to be an ongmal haVIng identIcal legal effect. The CONSULTANT does hereby ratIfy and adopt all
statements, representatIOns, warrantIes, covenants, and agreements contamed m the proposal, and the
supportmg matenals submItted by the CONSULTANT, and does hereby accept the AGREEMENT and
agrees to all of the tenns and condItIOns thereof.
IN WITNESS WHEREOF, the partIes hereto have executed this AGREEMENT as of the day and year first
above wntten.
AGENCY:
CITY OF TUKWllA
CONSULTANT NAMEC, INC.
By:
By:
Steve Mullet, Mayor
Joe BIDe, P.E,
Vice PresIdent.
TItle
APPROVED AS TO FORM ONLY:
By:
Date:
City Attorney
10
EXHIBIT A-2
CERTIFICATION REGARDING DEBAR1VIENT, SUSPENSION, AI~n
OTHER RESPONSIBILITY
MATTERS-PRIMARY COVERED TRANSACTIONS
1. 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 statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, makmg false statements, or recelvmg stolen
property;
( c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1 b. of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
2. 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):
Date
President Qr Authorized Official of Consultant
Signature
11
EXHIBIT A-3
CERTIFICATION REGARDI1~G THE RESTRICTIONS
OF THE USE OF FEDERAL FUNDS FOR LOBBYING
The prospective participant certifies, by signing and submitting tIns 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 Fonn-LLL, "Disclosure
Fonn 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 (Finn)
PresidentotAuthorized Official of Consultant
Signature
Date
12
EXHIBIT A-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 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection
15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer
or the contracting officer's representative in support of [project name] are accurate, complete, and
current as of [ date]. 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.
Finn:
Name:
Title:
Date of Execution:
13
EXHIBIT B
SCOPE OF ,YORK
For On-Call Construction Management Services
Project Title: [project name]
INTRODUCTION: The intent of this scope of services is to provide on-call construction management
(CM) seIVlces to the CIty of Tukwila dunng each phase of the [project name]. [Consultant Name] hereafter
referred to as the Consultant, will provide on an on-call basis to the CIty, technIcal experts m [Survey
Control/V erification, Matenal Sampling and Testing, Geotechnical Observation, Analysis, and Reporting,
Structural Girder inspection, or???]
GENERAL SCOPE OF SERVICES: THE WORK PLAN IS KEYED TO THE THREE PHASES
THAT THE CONSULTANT WILL ADDRESS:
Phase 1 - Pre-ConstructIOn SeIVlces
Phase 2 - ConstructIon Management Services
Phase 3 - Post Construction Services
Assumptions
The following assumptIons apply to this scope of seIVlces:
1. Survey: The Contractors will provide their own surveying needs; the Consultant will establish the
project control and will perform Quality Assurance checks on the Contractor's surveying. .
2. Quality Control: The Consultant will perform QualIty Control Testmg as required by the contract
documents and the City of Tukwila.
3. Overtime: Non-exempt classification personnel will be paid overtime m accordance with the Umted
States Department of Labor (USDOL) reqUIrements. Exempt classIficatIon personnel will be paId
overtIme m accordance with USDOL or Corporate PolIcy, wluchever IS applIcable.
4. Project Duration: Work will be accomplished begmning approximately [xxxx] and will be complete
[xx] months later.
5. Liability: The Consultant shall not have control or charge of and shall not be responsible for
constructIOn means, methods, techniques, procedures, or for safety measures, precautions and programs
mcludmg enforcement of Federal and State safety requirements, in connectIon wIth constructIon work
performed by the Contractor.
PHASE 1:
PRE-CONSTRUCTION SERVICES
1.1. A. Constructability Review:
The pre-constructIOn seIVlces will begin wIth a constructability reVIew. The Constructabihty RevIew Team
will review the most current design documents.
14
A cursory reVIew of the document set will be perfonned by the Team to . IidentIfy possible alternates for
constructIOn elements WhICh could produce cost savings or schedule Improvement. The Team will also
rRecommend changes m desIgn to enhance qualIty and servIceabilIty and. I IdentIfy and propose changes m
specIficatIOn and/or drawmgs to mmmllze ambIguIty and resultmg basis for claim. The Consultant may
provIde the following personnel and services to the Team as follows:
A. ProvIde constructIOn methods expertise
B. Site VIsits to venfy access, constructIOn stagmg and laydown areas, and especIally any aspects of
construction that must receIve enVIronmental mItIgatIOn and/or protectIOn.
C. Evaluate concurrent constructIOn actIVItIes and IdentIfy possible activIty overlap or congested work
areas involving different constructIOn trades.
D. Evaluate concurrent construction activities and identify possible activity overlap or congested work
areas mvolving different constructIOn trades.
\
E. ReVIew specifications and reference documents. Venfy that the rules of succession, nghts and
responsibilIties of the parties to the contract are clear and non ambIguous.
F. SubmIt constructabilIty review findings to the CM team, wInch will be mcluded m a summary report
of findmgs and recommendations.
1.2. Other important preconstruction action items
A. Attend Pre construction workshop with the Contractor.
B. PartIcipate in Partnering Meetmg (if contractor agrees to meet)
Site visits to venfy access, constructIOn staging and laydown areas, and especially any aspects of
constructIon that must receive envrronmentalll1ltIgatIOn and/or protectIon.
Evaluate concurrent construction activitIes and identify possible actiVIty overlap or congested work
areas involving different construction trades.
Review specIfications and reference documents. Venfy that the rules of succeSSIOn, nghts and
responsibilIties of the parties to the contract are clear and non ambiguous.
PHASE 2:CONSTRUCTION SERVICES
2.1 STAFFING:
During Construction, the Consultant may proVIde the followmg servIces on an on-call basis
A. BridgeGirder Plant Inspections: This work includes review of girder fabrication including
QA/QC and will be performed by CONSULTANT staff.
B. Construction Inspection and Troubleshooting: This work includes review of all aspects of
construction, contractor's procedures, and field troubleshooting and will be performed by
CONSULTANT staff.
15
C. Geotechnical Inspection This work includes review of all aspects of construction, contractor's
procedures, and field troubleshooting related to geotechnical work. Work associated with
excavations, shoring, drainage, and pavement be peiformed by [subconsultant] staff
D. Wetlands Mitigation inspection and monitoring reports: This work includes review of all
aspects of construction, contractor's procedures, and field troubleshooting related to wetland
habitat restoration and will be peiformed by [subconsultant]
E. Material Quality Assurance Program: Material testing, field and laboratory services - related to
quality assurance of construction materials. The Material Quality Assurance program will include
monitoring, testing and documenting construction material properties as required by the
specifications. Sampling and testing will be peiformed by technicians with certifications from local
and nationally recognized programs Inspectors will oversee the activities of the material
technicians, when onsite. [xyz mats lab]. will provide the qualified staff, equipment and laboratory
facilities to monitor material compliance with specifications. Specific tests and frequencies assumed
are tabulated in their fee proposal which is attached.
F. Construction Survey services: Establish and maintain vertical and horizontal control of
construction layout The City will coordinate the survey function in concert with the contractor
needs. A survey party from [survey dudes], Inc. will be deployed in accordance with contract
provisions The crew will be experienced in peiforming survey and staking services in conformance
WSDOT requirements. Construction surveying services will include these distinct activities:
. Construction Control
. Quality Assurance Checks on Contractor Survey
. Monumentation and Record of Survey
PHASE 3: POST CONSTRUCTION SERVICES
Post Construction Services constitute an important fmal effort by the ConstructIOn Management Team. The
Consultant may provide on-call servIces to support the following post construction efforts.
A. Review of any outstanding matters relating to fmal acceptance of the work
B. Recommend construction punch list Items
C. FinalIzing project files and as-builts
SPECIAL REQUIREMENTS FOR PAYMENT: (FOR
FEDERAL AID PROJECTS)
Invoices shall be submItted no later than 30 calendar days followmg the close of each four week billmg
period. Invoices whIch mclude costs or expenses mcurred during a pnor billmg penod must separately state
those costs or expenses.
Invoices whIch are, for any reason, except as noted above, received by the AGENCY, more than 30 calendar
days past the end of the billmg penod in which the costs of expense IS incurred, will be paid by the
AGENCY on a discounted basis according to the followmg schedule:
DAYS OVERDUE
1-30
30-60
DISCOUNT FROM INVOICE
5%
10%
16
OVER 60
15%
The CONSULTANT shall certIfy on each mVOIce any other dIrect salary charges for work completed or
other expenses mcurred that are yet to be mVOIced. The CONSULTANT shall give a detailed statement
gIVmg the reason for the required delay in billmg, along wIth an estImate ofthe amount to be billed at a later
date. The AGENCY reserves the right to detennme whether the reason for delay m billIng IS reasonable and
to levy the dIscount stated above if It IS detenmned that the delay IS not reasonable.
TIM E FOR COM P LET ION: xx Months following NotIce to Proceed.
EXPECTED MEETINGS OR PRESENTATIONS
Preconstruction Meeting:
[date]
Phase 2 Meetings:
As arranged (on-can) assume 1 per month
Minimum Notice For Meetings
24 hours for critical, immediate meetIngs.
72 hours for routme meetIngs
7 Days for servIces that win require aIr travel by Consultant's personnel
MBE/WBE GOALS
Voluntary at this time
CONSTRUCTION INSPECTION AND TESTING CRITERIA
Work shan be accomplIshed m accordance with the following guidelInes and reference documents:
1. FHW A and WashIngton State Department of TransportatIOn, "Manual on Unifonn Traffic Control
Devices for Streets and Highways".
2. Washington State Department of TransportatIOn, "Local Agency GUIdelmes".
3. WashIngton State Department of TransportatIOn, "Materials Branch Laboratory Manual".
4. WashIngton State Department of TransportatIOn, "Construction Manual".
5. Department of Ecology, "Stonnwater Management manual for the Puget Sound Basm".
6. State EnVIronmental PolIcy Act Rules, Chapter 197-11, Washmgton AdmInIstratIOn Code and Tukw.ila
Municipal Code.
7. City of Tukwila Infrastructure Design & Construction Standards
8. Standard draWings prepared by the City and furnished to the CONSULTANT
9 Standard specificatIons, procedures and forms utilized by the CIty for PublIc Wark's ConstructIOn
projects will be furnished by the CIty.
17
EXHIBIT E
BREAKDOWN OF OVERHEAD COST
Fiscal 2005 -- Office
FRINGE BENEFITS
COMPENSATED ABSENSES
PAYROLL TAXES
PENSION
ESOP
INSURANCE & OTHER
PERFORMANCE AWARDS
Total Fringe Benefits
GENERAL OVERHEAD
INDIRECT SALARIES
PROFESSIONAL SVCES
TRAVEL
REPRODUCTION
TELECOMMUNICATION
POSTAGE
COMPUTER
MOVING & STORAGE
LIVING ALLOWANCE
PROFESSIONAL DEVELOPMENT
RENT & UTILITIES
EQUIPMENT RENTAL
OFFICE SUPPLIES
DUES & SUBSCRIPTIONS
INSURANCE
MISCELLANEOUS TAXES
RECRUITMENT
TEMPORARY HELP
MAINTENANCE & MISC
DEPRECIATION
NEW BUSINESS
OVERHEAD RECOVERED
CORPORATE ALLOCATION
Total General Overhead
Total Overhead Rate
18
Percentage
14.29%
11.14%
1.93%
1.87%
9.34%
2.19%
40.76%
22.50%
8.18%
8.29%
1.64%
3.79%
0.77%
4.58%
1.00%
0.07%
1.53%
13.29%
0.53%
1.33%
0.84%
6.38%
0.85%
0.65%
0.49%
0.94%
160%
1.29%
-1.59%
4.21%
83.14%
123.90%
~~
CONSULTANT AGREEMENT FOR
CONSTRUCTION MAL~AGEMENT SERVICES
TillS AGREE~~j~~~~~red 1.11to b~_~e~ell !~~ CITY of Tukwila, Washington, herein-after referred to as "the
CITY", and f .......~... ~ -.~.: ~ hereinafter referred to as "the CONSULTANT", in
consideration of the mutual benefits, terms, and conditIOns hereinafter specified.
1. Project Designation. The CONSULTANT is retained by the CITY to perform on-call construction
management services in support of the construction of various Projects in the City of Tukwila.
2. Scope of Services. The CONSULTANT agrees to perform the services, identified on Exhibit "A" attached
hereto and hereby made apart of the Agreement, including the provision of all labor, materials, equipment
and supplies. The specific scope ~f services for each project will part of each Supplement to this
Agreement.
3. Time for Performance. The term of this on-call Agreement for constructin management services shall be
730 calendar days from the date of execution. At the option of the CITY, this on call Agreement may be
extended for a second 730 calendar day period. Work performed under each supplement to this Agreement
shall commence upon the giving of written notice by the CITY to the CONSULTANT to proceed. The
CONSULTANT shall perform all services and provide all work products required pursuant to supplements
to this Agreement within the time stated on each supplement. Completion of work by the CONSULTANT
may extend beyond that date depednding upon the time of performance allowed by the specific project
supplement and the supplement authorization date.
4. Payment. The CONSULTANT shall be paid by the CITY for completed work and for 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, equiopment, and incidentals
necessary to complete the work.
A. Payment for the work accomplished shall be on the basis of CONSULTANT's actual cost plus a net
fee. The actual cost includes direct salary cost, overhead, and drrect nonsalary cost.
a. The direct salary cost is the salary expense for professional and technical personnel and
principals for the time they are productively enganged m work necessary to fulfill the tgerms
of this Agreement. The direct salary costs shall be estimated for each supplement based upon
rates as set forth in the attached Exhibit "B" and by this reference made a part of this
Agreement.
b. The overhead costs as identified on ExhibIt "B" are determined as .._~q percent of the direct
salar cost as set forth in the attached Exhibit "B" and by this areference made apart of this
Agreement. The overhead cost rate isa an estimate based on currently available accounting
inforation and shall be used for all progress payments over the period of contractr. The [mal
overhead cost rate is subject to adjustment based ona n audit performed by the Agency, the
State, or FHW A at the completion of th eproject and said [mal overhead cost rate shall not
exceed the audited rate and shall not increase th emaximum amount payable for this
Agreement.
c. The direct nonsalary costs are those costs directly incurred in fulfilin the terms of this
Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of
outside consultants. The direct nonsalary cost rates are as set forth in the attached Exhibit "B"
an d by this reference made a part of this Agreement. Actual project costs will be set forth in
each supplement.
Billings for any direct nonsalary costs shall be supported by copies of original bills or invoices
as requested by the CITY.
d. The fixed fee, which represents the CONSULTANT's profit, shall be '---' percent of the direct
salary plus overhead. This fee is based on the Scope of Work defined in each supplment to
this Agreement and the estimated labor hours required to perfonn the stated Scope of Work.
In the event a supplemental agreement is entered into for additional work by the
CONSULTANT, the supplemental agreement will include provision for the added costs and an
appropreate additional fee. The net fee will be prorated and paid monthly in porpoertion to the
percentage of the project completed based upon invoiced amount of direct labor plus overhead
and approved by the CITY. Any portion of the net fee not preveiosly paid in the monthly
payments shall be included in the fmal payment, subject to the providsion of Section 14
entitled Tennination.
B. The CONSULTANT may submit invoices to the CITY once per month durmg the progress of the
work for partial payment for that portion of the project completed to date. Such invoices will be
checked by the CITY and, upon approval thereof, payment shall be made to the CONSULTANT in
the amount approved.
C. Final payment of any balance due the CONSULTANT of the total contract price earned will be made
promptly upon its ascertainment and verification by the CITY after the completion of the work under
this Agreement and its acceptance by the CITY.
D. Payment is provided in this section shall be full compensation for work perfonned, services rendered,
and for all materials, supplies, equipment and incidentals necessary to complete the work.
E. The CONSULTANT's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the CITY and state for a period of three (3) years after fmal
payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other materials
produced by the CONSULTANT in connection with the services rendered under this Agreement shall be
the property of the CITY whether the project for which they are made is executed or not. The
CONSULTANT shall be pennitted to retain copies, including reproducible copies, of drawings and
specifications for infonnation, reference and use in connection with the CONSULTANT's endeavors. The
CONSULTANT shall not be responsible for any use of the said documents, drawings, specifications or
other materials by the CITY on any project other than the project specified in this Agreement.
6. Compliance with Laws. The CONSULTANT shall, in perfonning the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and
regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers,
agents and employees, from and against any and all claims, losses or liability, including attorney's fees,
arising from injury or death to persons or damage to property occasioned by any act, omission or failure of
the CONSULTANT, its officers, agents and employees, in perfonning the work required by this
Agreement. With respect to the perfonn-ance of this Agreement and as to claims against the CITY, its
officers, agents and employees, the CONSULTANT expressly waives its immunity under Title 51 of the
Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that
the obligation to indemnify, defend and hold hannless provided for in this paragraph extends to any claim
brought by or on behalf of any employee of the CONSULTANT. This waiver is mutually negotiated by
the parties. This paragraph shall not apply to any damage resultmg from the sole negligence of the CITY,
2
its agents and employees. To the extent any of the damages referenced by this paragraph were caused by
or resulted from the concurrent negligence of the CITY, its agents or employees, this oblIgation to
indemnify, defend and hold hannless is valid and enforceable only to the extent of the negligence of the
CONSULTANT, its officers, agents and employees
8. Insurance. The CONSULTANT shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a mimmum coverage of $500,000 per occurrence
and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property
damage, and professional liability insurance in the amount of $1,000,000. SaId general lIability policy
shall name the CITY of Tukwila as an additional named insured and shall include a provision prohibiting
cancellation of said policy except upon thirty (30) days prior written notice to the CITY. Certificates of
coverage as required by this section shall be delivered to the CITY within fifteen (15) days of execution of
this Agreement.
9. Independent Contractor. The CONSULTANT and the CITY agree that the CONSULTANT is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the parties
hereto. Neither the CONSULTANT nor any employee of the CONSULTANT shall be entitled to any
benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY
shall not be responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer with
respect to the CONSULTANT, or any employee of the CONSULTANT.
10. Covenant Against Contingent Fees. The CONSULTANT warrants that he has not employed or retained
any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit
or secure this contract, and that he has not paid or agreed to pay any company or person, other than a
bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage
fee, gifts, or any other consideration contingent upon or resulting from the award or making of this
contract. For breach or violation of this warrant, the CITY shall have the right to annul this contract
without liability, or in its discretion to deduct from the contract price or consIderation, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The CONSULTANT, with regard to the work perfonned by it under this
Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or
the presence of any physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The CONSULTANT shall not sublet or assign any of the servIces covered by this
Agreement without the express written consent of the CITY.
13. Non-Waiver. Waiver by the CITY of any provision of this Agreement or any time limitation provided for
in this Agreement shall not constitute a waiver of any other provisiOn.
14. Termination.
A. The CITY reserves the right to tenninate this Agreement at any time by giving ten (10) days written
notice to the CONSULTANT.
B. In the event of the death of a member, partner or officer of the CONSULTANT, or any of its
supervisory personnel assigned to the project, the surviving members of the CONSULTANT hereby
agree to complete the work under the tenns of this Agreement, if requested to do so by the CITY.
3
This section shall not be a bar to renegotiations of this Agreement between surviving members of the
CONSULTANT and the CITY, if the CITY so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any
provision of this Agreement, the prevailing party in such SUIt shall be entItled to recover its costs,
including reasonable attorney's fees, incurred in such suit from the losing party.
4
16. Notices. Notices to the CITY of Tukwila shall be sent to the following address.
CITY Clerk
CITY of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to CONSULTANT shall be sent to the following address:
=---=- -c:,-_~-=-",",,~"..,~,-~- -- ==---=--c--=-~.~,,=~-=_="__O-';=___-~_"'C",,,,_~~=-=_-==-=_-'= --0_"- =~~ _,~",~-
_ ~_ _. _ ,_ '.~'-'=C;-__-=:=-=?--=_=__""~_~O=~=_=>-=~ ~-~,'_'__."-'_-- _n -- _-- _ ____
-- - -- -_.~--_.--------------------- --.--- ----.--------
. ,~.-=---""-~__~,=_:<=___'_=_,;~_="'_='" =..,=c==-_-;-=-_",,-=-=,--=,-=::_-~ c'=____
-- - - -- .--.- -~---------~---~-----------------~----_. -
._ ,_. _ __ ____... _...--~.______ ".n___ _~__ __~~_ __ ____~_ ______
- _..___._.___". __._~_____.____ "____.._ ".____.u ___ __
. '. "._-- - -- --' ---~-- -
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17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and
integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations,
representations, or agreements written or oral. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT.
DATED this
day of
,20_
CITY OF TUKWILA
CONSULTANT
By:
Steven M. Mullet, Mayor
Printed Name:
Title:
Attest! Authenticated:
Approved as to Fonn:
Jane E. Cantu, CMC, CITY Clerk
Office of the CITY Attorney
5
SAMPLE EXHIBIT A
SCOPE OF WORK
City of Tukwila
Construction Management Services
INTRODUCTION
The objective of this Agreement is to provide engineering services in support of the construction of
various Projects in the City of Tukwila. Work on each project will be authorized by Supplement to this
Agreement.
This Exhibit A outlines a general scope of work. Specific scopes of work for each project assigned
under this Agreement will be a part of each project supplement.
B. CONSTRUCTION ADMINISTRATION CRITERIA
Project administration will be accomplished and documented in accordance with the latest edition and
amendments of the following:
1. Washington State Department of Transportation/American Public Works Association
0NSDOT/APWA), Standard Specifications for Road, Bridge, and Municipal
ConstructionWSDOT/APWA Standard Plans for Road, Bridge and Municipal Construction
2. Washington State Department of Transportation Construction Manual
3. Washington State Department of Transportation Local Agency Guidelines
4. Washington State Department of Transportation Manual on Uniform Traffic Control Devices
for Streets and Highways
C. GENERAL SCOPE OF WORK
5. Participate in project meetings as identified by the CITY.
6. Provide the geometric control including construction staking and construction layouts.
7. Provide observation of the construction work in progress and monitor adherence to the
contract provisions.
8. Provide observation of the placement of materials
9. Provide measurement and computation of pay items.
10. Provide falsework checking (when applicable) and review of contractor submittals.
11. Provide sampling and testing of materials (field and laboratory).
12. Prepare documents and records to assure the project is constructed in accordance with
Federal and State requirements.
13. Provide final records and record drawings
Detailed scopes of work for each project will be provided in the appropriate portion of each supplement
to this Agreement.
D. DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
The following documents, exhibits or other presentations for the work covered by this Agreement
shall be furnished by the CONSULTANT to the CITY upon completion of the various phases of
the work:
6
One set of record drawings and one set of appropriate accounts, papers, maps,
photographs, or other documentary materials regardless of physical form or
characteristics, made or received by the CONSULTANT in connection with the
transactions of this contract, as requested during construction and upon completion of the
project, as required by the CITY
B. ITEMS AND SERVICES TO BE FURNISHED TO THE CONSULTANT BY THE CITY
The CITY will furnish the CONSULTANT copies of the plans, specifications, profiles, cross-
sections, and other documents available to the CITY that will facilitate the construction
administration of the project.
A specific list of documents for each project will be included in each supplement.
\
7
EXHIBIT B
CONSULTANT FEE DETERMINATION - SUMMARY SHEET
COST PLUS FIXED FEE
NOTE. The costs for each project, as authorized by Supplement to this Agreement, will be based on the
rates listed below.
PROJECT: City of Tukwila - Construction Management Services
DIRECT SALARY COST (DSC):
Estimated Range
of Rates*
Principal/Project Manager
\
Senior Project Manager/Project ManagerfTechnical Manager
Senior Project Engineer/Project Engineer
Design/Staff Engineer
Engineer
Resident Manager/Senior Inspector
CADD Technician
Inspector
Design Technician
Survey Manager
Office Surveyor
Surveyor
Technical Support
Staff Support
$54 00 - 68.00
$31 00 - 48 00
$33.00 - 40 00
$25 00 - 42.00
$1800- 3100
$20 00 - 45.00
$1000 - 33.00
$15.00 - 42.00
$15.00 - 36 00
$30 00 - 48 00
$15.00 - 37.00
$1400 - 34 00
$13.00 - 3400
$9 00 - 26 00
, OVERHEAD (OH COST - Including Salary Additives)
OH Rage x DSC
165% x DSC
FIXED FEE (FF):
FF rate x (DSC+OH)
15% x (DSC + OH)
DIRECT NON-SALARY COST:
Colored mylar plotting @ $3.00/SF
BlacklWhite bond plotting @ $.60/SF
Plan copying @ $1 OO/sheet
In-house copying @ 10/page
Word Processor @ $5/hour
Mileage @ .31 or current IRS rate
Reproduction expenses @ cost
Communications @ cost
Miscellaneous supplies @ cost
Computer expense @ $9/hour
Outside consultants @ cost
Other as negotiated per supplement
"'Upper range escalated by 5% to allow for 2007 adjustments.
8
BREAKDOWN OF OVERHEAD COST
Fringe Benefits
Percent
F I CA........ _._.. ........ ........ .............. .............. ............ ........... ........... .....,....,........... ........ ..11 70
Unemployment Compensation........ ................... ....... ....................................... ............... 2.60
Medical Aid and Industrial Insurance........................................................ ................... 1 00
Employee Retirement.............. ................... ..................... ......................................... 9 00
Employee Bonuses & Incentives,................................._................................. 22.00
Vacation, Holiday and Sick Leave.................................................................. 7.00
Total Fringe Benefits,............ 54.00%
General Overhead
Total General Overhead
6.30
8.50
4710
3.50
3.90
3.50
2.10
1.00
2.30
21.80
5.60
5.40
111.00 %
State Sales, B&O, and Property Taxes
Insurance
Administration and Time Unassignable
Printing, Stationary, and Supplies
Professional Services
Travel Not Assignable
Communication Not Assignable
Fees, Dues, Professional Meetings
Utilities and Maintenance
Rent
Office Miscellaneous
Depreciation
GRAND TOTAL
165.00 %
Note: The following accounts were deleted from this overhead rate Bad Debts, Interest, Officer's Life Insurance, Officer Medical,
Contributions, and Entertainment.
9
Utilities Committee
March 7,2006
Present:
Jim Haggerton, Chair; Pam Linder, Verna Griffin
Jim Morrow, Frank Iriarte, Bob Giberson, Gail Labanara, Mike Cusick,
Chuck Parrish, Todd Heistlman
A. Allentown/Foster Point 'Vater and Sewer Improvements Bid Award The low bid came wlthm
budget usmg the $5.7 millIon PW Trust Fund loan and $3.3 millIon in revenue bonds to be paid back
by the enterprise funds. After-construction is final and costs are fixed, the bonds will be issued. The
debt servIce and connection charges have been factored mto the CIP Attachments D, E. and F. An
Open House will be scheduled once the contractor's schedule has been set, hopefully in May. The
Poverty Hill improvements, at the ba~e ofthe hill, wIll not to be awarded smce the added cost would
put the project over budget. The Foster Point sidewalks on one side are within the budget and the
Committee would like the sidewalks installed, because this might be the only chance to economically
put sidewalks in that area. Jim M would like to take the sIdewalk issue back to the citIzens at the Open
House for discussIOn and let the commumty decide which side and the parking restrictions. The CIty
does not have a preference, but will check with the Post Office to see If they would prefer one side for
the maIlboxes. All of the utility poles have been relocated on both sides of the roads, so either sIde
could have a sidewalk at this time.
Also need Council direction on connection charges currently establIshed at $15,000, payment plans
and interest rates on those payment plans, and ifthe interest rate should include the true cost of the
revenue bonds. CommIttee requested infonnation on what the connection charge would be if the
cItizens had to pay for it all instead ofcr\~ped at $15,000. Pam L was concerned that if we subsidize
tlus neighborhood, then we will have to do ~t citywide and we stIll have 5 unsewered areas. Also
requested what other citIes are charging for sewer connectIOns and if they have mandatory sewer
hookups upon completion of constructIOn. The committee requests seemg an updated flyer before the
Open House.
Discussed the Kmg County Metro Capacity Charge and how It currently falls on the new owner. Jim
M would like the builders to have to pay the capacity charge up front upon building completIOn,
however KC wants the payment plans and the mterest charges. Jim H asked what the lIabilIty would
be Ifno one hooked up and if we could pay for it. Attachment E has a conservatIve amount of only 25
hookups a year factored in. We still do not have some people hooked up in Phase I (1997 completion)
so the CouncIl may want to consider putting a 1 O-year deadline to hook up to the sewer system for
Phase II. Unanimous recommendation to send base bid of $6,982,432 to Reeular meetine for
approval and recommend to Council to construct sidewalks on one side of Foster Point. (CO\V
cancelled on 3/13/06.)
B. 2006-2007 Construction lVlanaeement Services Since we have 20 projects over the next 2 years for
over $16 millIon dollars, Bob advertised for consultant management finns. \Ve are now required to
advertise and interview consultants due to new federal regulations. The top 5 have been selected for
~ blanket agreements wIth two agreements a piece, one for federally-funded projects (like Southcenter
Pkwy) and one for City-funded projects, for a total of 10 agreements. Examples ofthe two blanket
agreements wIll be presented to Council on 3/27 for the authorization to have the Mayor sign all 10
agreements. "When contracted for a specific project, a supplement to the base contract will be brought
back to CouncIl for approval on the project and costs. Unanimous aereement to send
recommendation for construction manaeement contracts to CO\-V and Reeular meeting for
approval.
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