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HomeMy WebLinkAboutCOW 2004-03-22 Item 4G - Agreement - Southcenter Parkway Extension with David Evans & Associates for $350,577CAS Number: 04-042 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 03/22/04 Meeting Date 03/22/04 COUNCIL AGENDA SYNOPSIS Meeting Date 03/22/04 ot* o'1/4 a Southcenter Parkway Extension Consultant's Agreement Council Initials Prepared NA. !Mayor's review! Council review 1 RT 1 I I, Li?, ict 1 i ITEM 4 ITEM INFORMATION Original Agenda Dater(November 24, 2003) Mar 22, 2004 Admin. Public Works The consultant's agreement is for an engineering design report for roadway improvements on Southcenter Parkway from S 180 St to the South City Limits. The improvements include widening the road and adding curbs, gutters, sidewalks, and drainage. Sixteen proposals were submitted and nine firms were interviewed. David Evans Associates was chosen as providing quality design services as well as experience coordinating with private development issues. Authorize the Mayor to sign the agreement with David Evans Associates. Forward to COW and then to Regular Council. Same as Sponsor. $350, 577 104/02 Commerical Streets (pg. 112, 2004 Proposed CIP) RECORD OF COUNCIL ACTION Action APPENDICES Attachments Information Memo dated March 17, 2004 Consultant's Agreement Transportation Committee Meeting Minutes from February 23, 2004 ((Presented to Transportation Committee on 3/22/04 and then on to COW that same night) (P:ProJecuIRW184RW371CAS SC: Flory Er/ David Evans AG 3 -22-04) To: Mayor Mullet From: Public Works Director Date: March 17, 2004 Subject: P.S. E. Contract Southcenter Parkway Extension S 180 St to South City Limits ISSUE Authorize the Mayor to sign a design contract. with David Evans Associates, Inc. to provide P.S. E. for the Southcenter Parkway Extension project. BACKGROUND The City has received grant funds from the Transportation Improvement Board ($150,000) and Federal funds ($200,000) to design improvements on Southcenter Parkway from S 180` St to the South City Limits. David Evans Associates Inc. is the consultant selected to provide Plans, Specifications, and an Engineer's Estimate for bidding and construction. The contract and 2004 budget amounts are: ANALYSIS Preliminary Eng. INFORMATION MEMO Contract Budaet 350,577 381,000 A contract with David Evans Associates, Inc., for preparation of P.S. E., has been negotiated in the amount of $350,577.00. This contract is within budget and will provide design services including advertisement for construction bids. RECOMMENDATION Authorize the Mayor to sign the contract with David Evans Associates, Inc. in the amount of $350,577.00. attachments: Contract Local Agency Standard Consultant Agreement Agreement Number Federal Aid Number Agreement Type (Choose one) Lump Sum Lump Sum Amount 0 Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method Actual Cost o Actual Cost Not To Exceed Fixed Rate Fixed Fee Specific Rates Of Pay Negotiated Hourly Rate O Provisional Hourly Rate Cost Per Unit of Work THIS AGREEMENT, made and entered into this between the Local Agency of City of Tukwila DOT Form 140 -089 EF Page 1 of 8 Revised 12/99 Consultant/Address/Telephone David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 -3518 Attn: Catherine Mirkin, P.E. 425 -519 -6582 1 Project Title And Work Description Southcenter Parkway Extension Project: Replace the existing two -lane roadway with a five -lane facility from S. 180th St. to the southern city limits to include curb, gutter, and sidewalks on the both sides of the road. Other improvements include storm drainage, traffic signal, illumination, utility relocations, channelization, and signing. DBE Participation D Yes No WBE Participation Yes No Federal ID Number or Social Security Number 93- 066 -1195 Do you require a 1099 for IRS? Completion Date p Yes El No Total Amount Authorized Management Reserve Fund Maximum Amount Payable day of 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, Washington, hereinafter called the "AGENCY" and the above organization hereinafter 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 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 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: 350,577.00 350,577.00 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 fumish 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 project level of effort for this project is detailed in Exhibit "B" 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 or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, 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 meetings requiring CONSULTANT participation. The minimum number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "B" attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that 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. Goals for Disadvan- taged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. Page 2 of 8 All reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments 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 occurring 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 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 CONSULT- ANT, 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 The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "C" attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compen- sation 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 with all applicable portions of 48 CFR 31. VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, at- tached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant 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 subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting 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, commission, percentage, brokerage fee, gift, or any other consider- ation, 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 discre- tion, to deduct from the AGREEMENT price or consideration or otheuwise 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 Page 3 of 8 employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or might 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 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 Depart- ment of Transportation, the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employ- ment 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 following: employ- ment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULT- ANT 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 in the future unless a showing is made satisfactory to the AGENCY that discrimina- tory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regula- tions relative to nondiscrimination in the same manner as in Federal- assisted programs of the Department of Transportation, 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 incorpo- rated 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 discriminate on the grounds of race creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selec- tion and retention of subconsultants, including procurements of materials and leases of equip- ment. 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 contract covers a program set forth in Appendix II of the Regulations. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERI- ALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. 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 the AGENCY to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclu- Page 4 of 8 sive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULT- ANT under the AGREEMENT until the CONSULTANT complies, and /or 2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CON- SULTANT shall take such action with respect to any subconsultant or procurement as the AGENCY or the Federal Highway Administra- tion may direct as a means of enforcing such provisions including sanctions for noncompli- ance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CON ULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180. IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten 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 F for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the CONSULT- ANT 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 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 CON- SULTANT, the above formula for payment shall not apply. 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 CONSULT- ANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termina- tion, 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 maybe required to do so, and other factors which affect the value to the AGENCY of the work per- formed at the time of termination. Under no circumstances shall payment made under this subsec- tion exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULT- ANT was not in 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 termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. Page 5 of 8 In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervi- sory 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. 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 in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY's concur- rence, 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 CON- SULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULT- ANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitle- ment 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 connec- tion 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. XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washing- ton, situated in the county the AGENCY 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 Superior court in accor- dance 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 in. XIII LEGAL RELATIONS 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 Page 6 of 8 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 claims 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 indemnity 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 enforce- able only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANTS agents or employees 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 industrial insurance taw, 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 negotiation. 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 adminis- tration. 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 other- wise required, the following 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. B. General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shalt furnish the AGENCY with verification of insurance and endorsements required by this 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 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 dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in 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 exclu- sive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. Page 7 of 8 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 AGREE- MENT accordingly. C. The CONSULTANT must submit its "request for equitable adjustment" (hereafter referred to as claim) under this clause within 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 CON- SULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and condition 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 The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. XVI FEDERAL AND STATE REVIEW COMPLETE AGREEMENT 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 "A-1", are the Certifications of the Consultant and the Agency, Exhibit "A -2" Certification regarding debarment, suspension and other responsibility matters primary covered transactions, Exhibit "A -3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A -3" and "A-4" are only required in Agreements over $100,000. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. By consultant William R. Goring, P.E. By Page 8 of 8 Agency City of Tukwila XVIII This document and referenced attachments contains 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, represen- tation, 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 materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Exhibit A -1 Certification Of Consultant I hereby certify that I am William R. Garing, P.E. representative of the firm of David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 -3518 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 this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of any firm or person in connection with carrying out the contract. (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 the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature Certification of Agency Official Project No. Local Agency and duly authorized whose address is and that neither I nor the above I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or 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 here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws, both criminal and civil. Date Signature Exhibit A -2 Certification Regarding Debarment, Suspension, and 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1.b. of this certification; and (d) Have not within a three -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): David Evans and Associates, Inc. (Date) (Signature) President or Authorized Official of Consultant Exhibit A -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): David Evans and Associates, Inc. (Date) (Signature) President or Authorized Official of Consultant Exhibit A -4 Certificate of Current Cost or Pricing Data This is to verify 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 to the contracting officer's representative in support of are accurate, complete, and current as of This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm David Evans and Associates, Inc. Name William R. Garing, P.E. Title Sr. 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. 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. CITY OF TUKWILA ENGINEERING DESIGN SERVICES SOUTHCENTER PARKWAY EXTENSION PROJECT SCOPE OF SERVICES SECTION 1.00 PROJECT DESCRIPTION AND DELIVERABLES PROJECT DESCRIPTION The objective of this project is to prepare construction documents including plans, specifications and estimates (PS &E) of construction cost for the Southcenter Parkway Extension Project. The project proposes to replace the existing two -lane roadway with a five -lane facility from South 180 Street south to the southern city limit, approximately 0.7 miles. The roadway section will include a five -lane roadway (two lanes in each direction with a center two -way left turn lane) with curb, gutter and six -foot sidewalks on the both sides of the road. Other improvements include an enclosed storm drainage system, detention and water quality facilities, traffic signal upgrade, illumination, utility relocations, channelization•and signing. Construction funding has not been secured, so no specific construction schedule has been set. Construction documents are scheduled to be completed in Spring 2005. 1.02 PROJECT DELIVERABLES FURNISHED BY THE CONSULTANT The Consultant shall maintain a project file for pertinent work items. These files will be delivered to the City at the conclusion of the project. In addition to the project files, the Consultant shall deliver the following documents and products to the City as part of this agreement: Final topographic base mapping and electronic files; AIignment Analysis Technical Memo; Biological Assessment (two draft and one final); Sensitive Areas Report (one draft and one final); WSDOT ECS with SEPA Section A (one draft and one final); NPDES Permit Application; Geotechnical Report (one draft and three final); Hydraulic Report one draft and three final); PS &E contract plans for review at 30 60 and 90% submittals (25 sets of half size plans and 25 specs) and one final set of signed reproducible contract documents (10 full size plans and 50 half -size final plans and specs; and Supporting documents for environmental permits c: \mmp\southc -1.doc DAVID EVANS AND ASSOCIATES, INC. 1 Scope of Services 1.03 ITEMS FURNISHED BY THE CITY All available "As- Built" information; Existing right -of -way alignment and plans, legal descriptions, records of survey plats, short plats and right -of -way negotiations; City of Tukwila horizontal and vertical control tied to the right -of -way alignment, Updated underground utility information for City owned utilities; City of Tukwila boilerplate specifications in electronic format; AutoCAD layering standards; Any applicable preliminary design, geotechnical or environmental documentation; Segale property Environmental Impact Statement; and All City issues permits required for the project. c:\tonp\southc -1.doc DAVID EVANS AND ASSOCIATES, INC. 2 Scope of Services SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2.01 PROJECT MANAGEMENT Direction of the Consultant staff and review of their work over the course of the Project shall be provided. This work element includes preparing the monthly progress reports, invoices, attending progress meetings, and planning work items for the following month. Periodic monitoring of the Consultant's design budget will occur over the course of the Project. Current status, as well as budget projections, will be developed. This work element is intended to help monitor costs and budgets and to propose corrective actions. These actions could include formal requests for scope modifications and respective budget adjustments. Drawings and documents received and generated over the course of the Project will require review, coordination and file management to be completed by the Consultant. It is assumed this project will extend for 12 months. 2.02 SUBCONSULTANT COORDINATION Direction of Subconsultants and review of their work over the course of the Project shall be provided by the Consultant. This work element includes reviewing monthly progress, invoices, attending meetings, and scheduling and coordinating work items for the following month. Monthly monitoring of the Subconsultant's design budget will occur over the course of the Project. Current status, as well as projections, will be developed. This work element is intended to help monitor costs and budgets and to propose corrective actions. These actions could include formal requests for scope modifications and respective budget adjustments. 2.03 DEVELOP AND MAINTAIN THE SCHEDULE Upon receipt of Notice to Proceed, the project schedule shall be developed by the Consultant in cooperation with the City. The schedule shall be submitted to the City for review and approval. The schedule shall be updated monthly to reflect the current status of the project. The schedule will be arranged to meet key target dates for the following• Alignment analysis; 30 60% and 90% design; City Reviews; Final Contract Documents; Geotechnical Report; Environmental Documentation; Hydraulic Report; Environmental Permits; Right -of -way Acquisition; and Property Owner Coordination c:@mp\southc -d.doc DAVID EVANS AND ASSOCIATES, INC. 3 Scope of Services 2.04 MONTHLY PROGRESS REPORTS Monthly reports shall be prepared by the Consultant in a format agreed to with the City Project Manager, and shall include a written report of work performed by the Consultant and Subconsultants for the prior billing period. Progress reports shall be submitted with the monthly invoices. 2.05 MONTHLY INVOICES Monthly invoices shall be prepared by the Consultant for work activities for the prior month. These shall also include Subconsultants work. 2.06 COORDINATION MEETINGS This work element provides for the preparation for, attendance at, and documentation of meetings for the duration of the contract. These meetings shall be the forums for the City to provide input and guidance for the duration of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. The Consultant shall prepare for, attend, and document up to twenty (20) coordination meetings with the City. The meetings will be held at the City offices. The Consultant shall prepare and distribute meeting notes (minutes) to all meeting participants, and the City Project Manager within ten (10) working days following the meeting. The Consultant shall prepare for and attend one (1) office and one (1) field meeting with each of the affected utility companies. The Consultant will attend up to ten (10) meetings with utility companies. 2.07 QUALITY CONTROL /QUALITY ASSURANCE REVIEW This task is for QC /QA review of the Consultant's deliverables by a designated QC /QA staff member. The review shall cover documents, reports, plans, specifications, cost estimates and pertinent information on an ongoing basis. The QC /QA program entails the periodic review of study criteria, design, assumptions, concepts and presentation of product format and assures that the overall Project objectives are being fulfilled. The City will provide additional quality review. This will be coordinated with the Consultant Project Manager and pertinent staff members. Support groups within the City will review and provide direction of pertinent work items and will coordinate with the Consultant Project Manager and pertinent staff members. DAVID EVANS AND ASSOCIATES, INC. 4 cAtemP\soulho -I.doc Scope of Services 3.01 BASEMAPPING The City will supply available records relating to the utility as- builts and the location of the existing Southcenter Parkway right of way. The City shall supply a field topographic survey and topographic base maps of the project area from a third party surveyor. The survey shall include the existing alignment centerline and Right of Way Resolution; The City shall supply the location of Southcenter Parkway alignment; The third party surveyor shall supply a topographic survey 60 feet each side of the proposed roadway alignment centerline at a 50' cross section interval. The survey will be conducted by the owners of the Segale property. Survey shall include all significant features including roadway, edge of pavement, signs, trees, driveways, houses, fences, walkways, walls, utility structures with measurements to pipe inverts and other significant topographic features. The survey shall include 50 foot profiles for each driveway and cross street; The third party surveyor shall coordinate with underground utility locator to determine location of underground utilities. All costs for one -call utility locating and potholing will be paid for by the third party surveyor. The third party surveyor shall field verify base map accuracy which may include some potholing for utilities. The third party surveyor shall stake centerline at 100 foot intervals including PC's, PT's and angle points; The third party surveyor shall supply base maps and horizontal and vertical intervisible control points which shall be tied to existing monument control and defined on the plans. The plan boundaries shall extend from 20 feet south of the City Limits to 50' north of the intersection at South 180 Street. All elevations shall refer to the North American vertical datum. (NAVD 1988). Horizontal control referenced shall be NAD 83 -91. The Consultant shall perform quality control "spot checks" of the third party surveyor /City supplied topographic map to verify the horizontal and vertical accuracy of the topo maps. No Right -of -Way or alignment checks will be performed for this survey. The consultant shall also perform 3 limited topographic surveys of 3 areas no larger than 100' by 100' within the project site. DAVID EVANS AND ASSOCIATES, INC. 5 Scope of Services Deliverables: None SECTION 4.00 ENVIRONMENTAL DOCUMENTATION 4.01 REVIEW EXISTING INFORMATION The Consultant shall review available information that pertains to the environmental conditions within the project area. Information to be reviewed could include maps, resource inventories, aerial photographs, previous reports and environmental documents, and raw data from previous studies. 4.02 ENVIRONMENTAL STUDIES The Consultant shall complete the following supporting environmental studies for the project. 4.02.1 Biological Assessment/Biological Evaluation A Biological Assessment/Biological Evaluation (BA/BE) is assumed to not be necessary for this project. The Consultant will provide coordination with agency personnel to verify this assumption. Should the project require a BA/BE, this task can be performed as an extra service. Deliverables: None 4.02.2 Sensitive Areas Report The Consultant will rely on existing documentation and/or studies prepared by others to provide the information necessary to prepare a sensitive areas report. The Consultant will prepare a sensitive areas report that documents the sensitive areas identified by others within the project area. The sensitive areas report will include information on wetland vegetation, soils, and hydrology, and aquatic features such as streams. The presence of steep slopes and other geologic hazard areas will be discussed. The report will include maps and figures as necessary to document the findings of the field investigation. Note: This scope of work does not include conducting a wetland determination, stream survey, or other field identification and documentation of sensitive areas. Should the existing documentation not provide sufficient information to prepare the sensitive areas report and additional field investigations are required, such additional investigations are considered extra services and are not covered under this authorization. This scope of work also does not include the preparation of mitigation plans. Should the project require impacts to sensitive areas, conceptual and final mitigation plans can be prepared as an extra service. Deliverables: One draft Sensitive Areas Report for review by Client One final Sensitive Areas Report DAVID EVANS AND ASSOCIATES, INC. 6 c:Uemp\southc ^1.doc Scope of Services 4 02 2 Historical/Cultural Analysis The SEPA documentation for the Segale project is assumed to provide an historical /cultural analysis that will adequately addresses the project area. Therefore, this authorization does not include an historical/cultural analysis. Deliverables: None 4.02.4 Hazardous Materials Analysis The SEPA documentation for the Segale project is assumed to provide a hazardous materials analysis that will adequately addresses the project area. Therefore, this authorization does not include a hazardous materials analysis. Deliverables: None 4.03 SEPA CHECKLIST The Consultant will provide the appropriate level of documentation to support a SEPA Determination of Non significance. This documentation will also serve as the NEPA Documented Categorical Exclusion (DCE). As specified by WSDOT and concurred by the Ecology, WSDOT's existing DCE documentation form (Environmental Classification Summary [ECS]) also serves as the SEPA checklist, provided that Section A (Background) of the SEPA checklist is also included with the ECS form. Therefore, the consultant will prepare a WSDOT ECS with Section A (Background) from the SEPA checklist to serve as both the SEPA and NEPA documentation. The documentation from other tasks in this scope of work and from the Segale property SEPA analysis will be used, as appropriate, to support the findings and conclusions of the ECS checklist. Following review by the lead agency, the ECS and Section A of the SEPA checklist will be revised as necessary for signature. Deliverables: One draft WSDOT ECS with SEPA Section A (Background) and supporting material for review by Client One final WSDOT ECS with SEPA Section A (Background) and supporting material 4.04 PERMITS The Consultant shall prepare and submit permit applications and all required support documentation including exhibits, reports and calculations. The submittal of a Joint Aquatic Resources Application (JARPA) form is typically required to initiate most environmental permits. The following environmental permits are often required for road projects. However, given the location of the project and lack of design information, a Shoreline permit, Hydraulic Project Approval (HPA), 404 Permit, and 401 Water Quality Certification are assumed to not be required for this project. The status of permit requirements will be reassessed once the appropriate level of information is obtained. Should the project require any of these permits, acquisition of these permits can be performed as an extra service. c :\temp■southc -I.doc DAVID EVANS AND ASSOCIATES, INC. 7 Scope of Services 4.04.1 Shoreline Permit A shoreline permit is assumed to not be necessary for this project. The Consultant will provide coordination with agency personnel to verify this assumption. Should the project require a shorelines permit, this task can be performed as an extra service. Deliverables: None 4.04.2 Hydraulic Project Approval The Consultant shall prepare an HPA permit application for this project. The Consultant will provide coordination with Corps of Engineers and Washington State Department of Fish and Wildlife to verify the need for the HPA and submittal requirements. It is assumed there will be one site visit by the Consultant to meet with agency staff. Deliverables: HPA Permit Application 4.04.3 404 Nationwide Permit and 401 Water Quality Certification A Section 404 Nationwide permit and 401 Water Quality Certification are assumed to not be required for this project. Therefore, acquisition of these permits and approvals are not included in this scope of work. The Consultant will provide coordination with agency personnel to verify this assumption. Should the project require impacts to wetlands under COE jurisdiction, this task can be performed as an extra service. Deliverables: None 4.04.4 NPDES Permit The Consultant will prepare the required temporary erosion control and sedimentation plan. This includes plan sheets and the associated notes and text. This task assumes that the project will result in greater than 5 acres of disturbed ground. Deliverables: Completed NPDES permit application Temporary erosion control and sedimentation plan Plan sheets and associated notes and text necessary to support the application DAVID EVANS AND ASSOCIATES, INC. 8 e:Uemp\mutho-i.doo Scope of Services SECTION 5.00 DESIGN The Consultant shall design and prepare roadway plan/profiles, drainage plans, channelization plans, illumination plans, signing plans, traffic signal plans, and erosion control plans for ad- ready PS &E as discussed in this section for Southcenter Parkway from South 180 Street to the South City Limits. 5.01 REVIEW EXISTING DATA AND ESTABLISH DESIGN STANDARDS The Consultant shall review the following documents for relevant geometric design criteria and establish applicable design standards for the project. Southcenter Parkway Extension Design Report; City of Tukwila Engineering Design and Development Standards; AASHTO Policy on Geometric Design of highways and Streets (1994); WSDOT Design Manual; WSDOT Local Agency Guidelines, and Manual of Uniform Traffic Control Devices. Particular emphasis shall be placed on identifying those elements that may be subject to interpretation, engineering judgment or modification due to adverse field conditions. All elements shall be reviewed with City staff prior to the start of detailed design. The Consultant shall prepare all drawings using AutoCAD R2000 in conformance with City standards. Project schedules shall be prepared using Microsoft Project, spreadsheets in Microsoft Excel and text documents in Microsoft Word. 5.02 PROJECT SITE VISITS (8 TOTAL) The Consultant shall conduct one site visit with City maintenance, design, construction, drainage, landscape and environmental staff to review and discuss design considerations. Where appropriate, elements identified by these site visits will be incorporated into design. The Consultant shall conduct two additional site visits with City staff to resolve design questions and issues and five site visits to resolve design issues. DAVID EVANS AND ASSOCIATES, INC. 9 c:temp\soulhe -I.doc Scope of Services 5.03 ALIGNMENT ANALYSIS TECHNICAL MEMO The City shall provide the Consultant with a proposed alignment for Southcenter Parkway. The Consultant shall review the proposed alignment to ensure it meets AASHTO standards, TIB and Federal Funding requirements. The Consultant shall have a design engineer spend 20 hours of time and a project manager spend 12 hours of time conducting an alternatives analysis on the proposed alignment to determine if minor changes to the alignment would be beneficial. The Consultant shall prepare a technical memo and preliminary plan/profile sheets of the alignment for review by the City and participate in a review coordination meeting to respond to City staff questions and comments. Review comments will be responded to and incorporated as applicable into the design. 5.04 PRELIMINARY DESIGN (30% COMPLETION) The Consultant shall then submit a 30% design for review by the City and to be used in the Value Engineering Study. The submittal shall include the following elements, as a minimum, prepared by the Consultant: Typical roadway sections (3 sheets); Roadway plan/profiles (8 sheets); Channelization plans (4 sheets), and Construction Cost Estimate 5.05 VALUE ENGINEERING STUDY The Consultant shall recommend a Certified Value Specialist to serve as facilitator for the VE Team and be responsible for compilation of the findings, recommendations, and production of the report for final review. The Certified Value Specialist will contract directly with the City and costs for the CVS, the VE Team and their work are not included in this scope of work. The Certified Value Specialist shall be responsible for assembling the VE Team. The City and TIB shall have input on the selection of the VE Team members. The City will be responsible for providing a facility for the VE Team to conduct the study. The Consultant shall prepare and furnish exhibits and design information for the project, and participate in two presentations and one briefing meeting in support of the VE study. The Consultant will not be members of the VE Team, but will be available as needed to provide information throughout the VE study process. The Consultant shall review and respond to the VE Team recommendations in written format. For budget purposes it is assumed 60 hours of engineering time will be spent responding to recommendations. Additional work required to evaluate VE Team recommendations will be considered an extra service and is not included in the scope of this contract. cAtemn\soume —l.doo DAVID EVANS AND ASSOCIATES, INC. 10 Scope of Services 5.06 INTERMEDIATE DESIGN (60% COMPLETION) The Consultant shall develop the design to a 60% completion level, and participate in a review coordination meeting to respond to City staff questions and comments. The City will provide one consolidated set of review comments. Review comments will be responded to and incorporated as applicable into the design. The 60% design will include the following elements, as a minimum, prepared by the Consultant: Cover sheet including a vicinity map (1 sheet); Typical roadway sections (2 sheets); Roadway plans and profiles (8 sheets) Miscellaneous details (2 sheets); Drainage conveyance and runoff quality/quantity control facilities plans, profiles and details (4 sheets); Channelization and signing plans (4 sheets); Signalization plans (3 sheets); Illumination plans (4 sheets); Temporary erosion control plans (8 sheets); Landscape details (1 sheet); Construction Cost Estimate; and Specifications 5.07 FINAL DESIGN (90% COMPLETION) The Consultant shall prepare a complete design for review by the City and participate in a review coordination meeting to respond to City staff questions and comments. The City will provide one consolidated set of review comments. Review comments will be responded to and incorporated as applicable into the design. The 90% design shall include the following elements, as a minimum, prepared by the Consultant: Cover sheet including a vicinity map (1 sheets); Typical roadway sections (2 sheets); Roadway plans and profiles (8 sheets); Miscellaneous details (2 sheets); Drainage conveyance and runoff quality/quantity control facilities plans, profiles and details (4 sheets); Retaining wall profiles and typical wall details (4 sheets); Channelization and signing plans (4 sheets); Signalization plans (3 sheets); Illumination plans (4 sheets); Temporary erosion control plans (4 sheets); Landscape plans and details (1 sheet); Construction Cost Estimate; and Special provisions. The Consultant shall calculate quantities and prepare a detailed construction cost estimate. c:Vempkowho -1400 DAVID EVANS AND ASSOCIATES, INC. 1 Scope of Services 5.08 PREPARE FINAL CONTRACT DOCUMENTS (100% COMPLETION) The Consultant shall prepare final contract documents in accordance with City's review comments from the final design coordination meeting and in accordance with regulatory agency permit conditions. The following work shall be completed as part of the final contract document preparation: Plan modifications and/or revisions in response to City review comments from the final design coordination meeting; Final design of project elements; Special provisions and listing of City standard specifications, with fill -ins, to be incorporated in the construction contract documents, and Prepare a final (100% Completion) list of bid items, quantities, and a construction cost estimate for a set of signed and reproducible construction contract documents. The Consultant shall assemble all plan sheets, general and special provisions, cost estimate, and associated documentation for submittal as an Ad Ready PS &E package. The Consultant shall prepare the advertisement for bid and reproduce the construction documents. The City will distribute plans and specifications to prospective bidders. The Consultant shall prepare any addenda necessary during bidding, attend the bid opening, prepare a bid tabulation, check contractor references, and preparing an award recommendation letter. The Consultant shall attend the pre construction conference with the successful bidder. DAVID EVANS AND ASSOCIATES, INC. 12 cUemp\somhe —Ldoc Scope of Services PROJECT UNDERSTANDING KEY ASSUMPTIONS SECTION 6.00 GEOTECHNICAL REPORT The improved roadway will be elevated above the FEMA flood plane level and will include signalization, channelization and construction of curbs and sidewalks. The existing roadway has experienced some settlement at the bridge abutments located just south of South 180 Street and a section of the roadway near Segale's Yard has also settled and is experiencing a bearing capacity failure as related to the presence of soft and compressible soils beneath the roadway. Hence, the objective of the geotechnical study will be to use the existing subsurface information for the alignment to the extent possible, but we will drill new borings along the alignment in the areas of observed distress to better define the subsurface conditions and provide recommendations for the roadway improvements. Our assumptions for this phase of work include: Right -of -entry and permits, if necessary, to be provided by David Evans and Associates, Inc. In particular, this includes right of entry to private lands adjacent to the existing road Drill crew subcontracted to PanGEO. Borings will be by low ground pressure track mounted drill equipment on sites adjacent to but off the road alignment. Cone penetrometer probes will be advanced with truck- mounted equipment at selected locations, on the road shoulder or on ground next to the road shoulder. Mobilization and drilling can be accomplished during normal daylight work hours. Minimal traffic control will be required for the cone penetrometer (cones and barriers), and no traffic control will be required for the borings. Loading and unloading of the track mounted drill will take place at sites off the road alignment. The project will be developed using English units of measure Attendance at not more than one project meeting is assumed This scope of work does not include evaluation of chemical properties of soil and groundwater, or the potential presence of hazardous materials on site. This work will be provided by the City /private developer. This proposal does not include assessment of the presence or absence of wetlands at the project site. c:kemp\soulho-l.doc DAVID EVANS AND ASSOCIATES, INC. 13 Scope of Services SCOPE OF GEOTECHNICAL SERVICES The proposed geotechnical engineering scope is stated below, with labor estimate by subtask and hours included in the enclosed worksheet. Assumptions regarding each item are also indicated. 6.01 SITE RECONNAISSANCE UTILITY LOCATE Prior to mobilizing drill or cone Penetrometer equipment, we will perform a site reconnaissance to identify and mark preferred borehole and cone drilling locations. Some initial exploratory hand borings may be conducted at this time. Marked boring locations will be checked for utilities using the one -call locate service. 6.02 FIELD EXPLORATIONS We anticipate using a low ground pressure track mounted drill rig to access and drill the proposed boring locations. We propose to drill a total of approximately 4 test holes to maximum depths of about 10 feet at the selected locations see Figure 1). The borings will be drilled with hollow stem augers. Standard Penetration Test samples will be obtained at 2.5 -foot intervals. If soft soils are encountered thin- walled (Shelby) tube samples will be obtained. An engineering geologist or geotechnical engineer from our firm will log the test holes. Cone penetrometer probes will be advanced to a depth of 15 feet. We anticipate conducting cone penetrometer tests at approximately 6 locations. The soil samples recovered from the test borings will be visually described and grouped based on similar characteristics. Selected samples from the identified soil groups will be submitted for laboratory index testing (e.g. moisture content, grain size analysis and fines content) and classification according to the Unified Soil Classification System. Selected undisturbed soil samples may also be tested for compressibility characteristics. Please note that our proposed scope of services does not include analyzing for the presence or absence of soil or ground water contaminants. 6.03 PREPARE FINAL BORING LOGS AND SUBSURFACE PROFILES The laboratory test results will be used in conjunction with the field soil descriptions to prepare final edited boring and cone penetrometer logs containing the factual subsurface data obtained from the subsurface exploration and lab tests. A subsurface profile will be prepared that summarizes the geologic and groundwater information from the explorations. A geologic site characterization will be prepared based on the site specific information and the geologic information for the area. 6.04 GEOTECHNICAL ENGINEERING ANALYSES We will perform analyses with respect to the proposed design and construction of the Southcenter Parkway Extension. We will then prepare specific recommendations for design and construction of the road prism. Particular attention will be paid to road design on soft and DAVID EVANS AND ASSOCIATES, INC. 14 c:UanP \southc -l.doo Scope of Services potentially compressible organic subgrade design and construction. This includes, but is not limited to, stripping requirements, road base material gradation and thickness, compaction recommendations and pavement design recommendations. Recommendations for permanent drainage and embankment sloping and retention, as appropriate, will also be presented. Foundation options will be presented for signal pole foundations. It is the intent that this scope of work will be sufficient to support plans, specifications and estimates (PS &E) for the project. Meetings We assume not more than three meeting will be needed to bring this scope of work to completion. 6.05 DRAFT GEOTECHNICAL REPORT A draft geotechnical report will be prepared and submitted for review by the David Evans and Associates, Inc. We will meet with the design team to discuss any revisions that may be necessary for the final report. 6.06 FINAL GEOTECHNICAL REPORT We will incorporate comments or revisions to the draft report and submit a final geotechnical report for the project. DAVID EVANS AND ASSOCIATES, INC. 15 c:4emp\southc —I.doc Scope of Services SECTION 7.00 HYDRAULICS The Consultant shall prepare a Drainage Report for the Southcenter Parkway Extension Project. The elements of the drainage report are listed below. 7.01 DRAINAGE REPORT The Consultant shall prepare the Drainage Report in accordance with City of Tukwila Drainage Code and the Washington State Department of Ecology Storm Water Manual. The Drainage Report shall include Project description; Off -site and on -site basin delineation, analysis and hydrologic calculations; Water quantity/water quality calculations; Conveyance calculations; Verification of existing pond sizing; Downstream analysis, and Vicinity map, off -site basin map, on -site basin map, schematic proposed facilities. Existing drainage reports for development within the corridor shall be incorporated into the Drainage Report, and not simply referenced. Three (3) copies of the draft Drainage Report shall be submitted to the City for distribution, review, and comment for each project. The City will review the Drainage Report and provide written comments within four weeks. The Consultant shall provide written response to the draft review comments and incorporate, as appropriate, the review comments. The Consultant shall provide three (3) copies of the final Drainage Report. DAVID EVANS AND ASSOCIATES, INC. 16 c:\tenP soulhc —I.doc Scope of Services SECTION 8.00 UTILITY COORDINATION The Consultant shall provide coordination and participate in meetings as required to identify existing utilities, determine and resolve utility conflicts with proposed design. 8.01 NOTIFICATION OF UTILITIES The Consultant shall notify the City and franchise utility companies and arrange to have the utility locations surface marked and request utility as- builts. The third party surveyor shall survey these locations as marked and incorporate them into the base mapping. The City and Consultant shall collaboratively develop a list of utility companies within the existing City right of -way. The Consultant shall contact the utility companies. 8.02 COORDINATION MEETINGS The Consultant shall prepare for, attend, and document up to four (4) coordination meetings with the utility companies. The Consultant shall prepare and distribute meeting notes (minutes) to all meeting participants, and the City Project Manager within five (5) working days following the meeting. The Consultant shall prepare for and attend one (1) office and one (1) field meeting with each of the affected utility companies. The Consultant will attend up to ten (6) meetings with utility companies. 8.03 UTILITY COORDINATION The Consultant shall prepare the design to avoid known utility conflicts if practical. The Consultant and the City shall identify utilities that need to be potholed. Potholing will be completed by an AirNac System. The Consultant shall meet with each affected utility company one (1) time in the office and one (1) time in the field. The City will pothole city-owned utilities if necessary. Franchise utilities will pothole their own utilities if necessary at their own expense. All utility conflicts shall be identified and potholed prior to submittal of 60% plans. The Consultant shall provide hard copies and electronic files of proposed plans to the utility companies. Plan will be provided at the 60% and 90% submittals. o1remp\souma -t.doc DAVID EVANS AND ASSOCIATES, INC. 17 Scope of Services SECTION 9.00 AGENCY COORDINATION The Consultant shall provide agency coordination and participate in meetings as required to ensure full coordination and with WSDOT and local agencies. 9.01 COORDINATION WITH WSDOT LOCAL PROGRAMS The Consultant shall participate in up to one (1) meeting with and provide coordination with WSDOT Local Programs to ensure compliance with federal funding. 9.02 COORDINATION WITH CITY OF TUKWILA UTILTIES The Consultant shall participate in up to two (2) meetings with the City of Tukwila Utilities Department to provide coordination for the horizontal and vertical alignment of the proposed sanitary sewer line proposed along the Southcenter Parkway Extension. 9.03 COORDINATION WITH CITY OF KENT/KING COUNTY The Consultant shall participate in up to two (2) meetings with the City of Kent and King County regarding potential improvements south of the City of Tukwila City limits. c:Vemp\somhe. -I.doc DAVID EVANS AND ASSOCIATES, INC. 18 Scope of Services SECTION 10.00 PRIVATE PROPERTY OWNER COORDINATION The Consultant shall provide support to the City in coordinating private property improvements adjacent to the Southcenter Parkway Extension project. 10.01 COORDINATION WITH LOCAL DEVELOPMENT The Consultant shall participate in up to four (4) meetings with local developers in the first two months of the project to coordinate potential development with the Southcenter Parkway Extension Project. Up to four people from the Consultant will attend those four meetings. Following the initial meetings, the one or two staff from the Consultant will meet six (6) times over the course of the next 10 months with the developers and City staff. The Consultant shall prepare meeting minutes and distribute them to the City within five (5) days of the meeting. 10.02 DESIGN ISSUES WITH LOCAL DEVELOPMENT The Consultant shall address and coordinate design issues that arise between the potential private development and the Southcenter Parkway Extension project. The Consultant shall review plans provided by the private developer, incorporate design requests into the City project and provide review drawings to the City and the private developer. Design requests may include left turn pocket locations, driveway access points, utility connections, and frontage improvement issues. 10.03 COUNCIL BRIEFINGS The Consultant shall prepare for and attend two council meetings to brief the council on the status of the Southcenter Parkway Extension project. Preparation of graphics for the meeting is included in this task. DAVID EVANS AND ASSOCIATES, INC. 19 c:1temp\wuthc -I.doc Scope of Services Exhibit C -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform with all applicable portions of 48 CFR 31. I. Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in ExhibitsD and E attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first 12 -month period and shall be subject to negotiation for the following 12 -month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent 12 -month periods within 90 days after completion of the previous period, the rates listed in this AGREEMENT or subsequent written authorization(s) from the AGENCY shall be utilized for the life of the AGREEMENT. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments. 2. Direct Nonsalary Costs Direct nonsalary 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 subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the PROJECT, shall be an itemized listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. 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. 3. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing 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 $50,000 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 be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 4. Maximum Amount Payable The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The maximum amount payable includes the Management Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E, including names and classifications of all employees, and invoices for all direct nonsalary expenses. To provide a means of verifying the invoiced salary costs for the consultant's employees, the agency may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the project at the time of the interview. 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, STATE, and the United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with following exception: if any litigation, claim, or audit is started before the three -year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. The three -year retention period begins when the CONSULTANT receives final payment. 7. 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, 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 ninety (90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment. Southcenter Parkway Extension Project Estimated Person hours /Costs Summary Summary Classification Hrs. x Rate Cost 1 Principal /Quality Control 36 $50.00 $1,800 2 Project Manager 608 $46.00 $27,968 3 Sr. Engineer 310 $36.00 $11,160 4 Design Engineer 985 $30.00 $29,550 5 Sr CADD Drafter 24 $28.00 $672 6 CADD Drafter 846 $22.00 $18,612 7 Sr. Traffic Engineer 32 $40.00 $1,280 8 Traffic Engineer 92 $29.00 $2,668 9 Landscape Architect 64 $35.00 $2,240 10 Right of Way Manager 0 $28.00 $0 11 Certified Appraiser 0 $26.00 $0 12 Senior Environmental Planner 48 $43.00 $2,064 13 Senior Scientist 74 $35.00 $2,590 14 Scientist 16 $29.00 $464 15 Environmental Tech 44 $26.00 $1,144 16 Survey Manager 8 $45.00 $360 17 Survey Office 30 $29.00 $870 18 Survey Crew 40 $40.00 $1,600 19 Support Clerical 156 $20.00 $3,120 Total Hrs. 3413' Direct Salary Cost $108,162 Overhead Cost Net Fee Subtotal 169.96% of Direct Labor 30.00% of Direct Labor $183,833 $32,449 $324,444 Direct Non -Salary Cost a) Reproduction, Plans 4000 Sheets $0.75 /Sheet $3,000 Reports 125 Each $45.00 /Each $5,625 b) Deliveries/ Mail 20 Each $15.00 /Each $300 c) Travel (Personal Miles) 2000 Miles $0.30 /Mile $600 d) Utility locate (APS) e) Potholing (APS) 0 holes $350.00 hole Subtotal $9,525 Hrs. DEA Subtotal $333,969 Outside Consultants Pan Geo 516,608 Design Subtotal $350,577 Updated 1/8/99 p /s /snox0001 /132ndfee.xls Printed 3/17/2004 Southcenter Parkway Extension Project Estimated Person - hours summary Southcenter Parkway Extension Project Estimated Person-hours Summary N N r r r r N N r m O r O O. 3 m r N c 0 O N N r O o F'. O H m r m q 2 o o H O) N C C C) r gym_, L a w a e Ic LO a V 0 0 N gy .c O H 0 co C 0 m C m �,z: 0 E m o 0 m o Y m 2? 5. m c c m H N C TO o C o t(? 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O o O r N O 0 0 G 6 c 0) a 0 0 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Pan Geo will he perfonningg investi ations as required Transportation Committee February 23, 2004 Present: Joan Hernandez, Chair; Joe Duffie, Pam Carter Bob Giberson, Robin Tischmak, Cyndy Knightori, Steve Lancaster, Gail Labanara, Frank lriarte, Jon Harrison, Lucy Lauterbach; Jack Latteman- Metro; Sue Carlson 1. Metro Draft Route Changes Jack Latteman from Metro explained that Metro is investigating the possibility of changing two routes that go through Tukwila. This is being done in response to requests from employees in Tukwila who want to take the bus without going to downtown Seattle first. The portion of Route 39 that brought riders to Tukwila from Rainier Beach midday had very low ridership, and will be dropped and replaced by Route 126 that would (during peak hours) go the local route from Rainier Beach to East Marginal Way, 42 Ave. .S and eventually Strander Blvd and the Sounder Station. There could be a new shelter at S. 144 /42n Over time, bus service to the Sounder Station will increase as ridership and trips per day on rail increase. Pam said it would.be good to notify nearby citizens of the new service. The Hazelnut could be useful there, as the service is slated to change in September. Jack said any formal comments the City had could be given to him in March, though the formal comment period is over. Information. 2. ACC Interlocal Agreement The ACC Technical Committee of City Managers, Administrators and others has worked on crafting a new Interlocal, which the Executive Committee of ACC approved. Some of the changes in the new interlocal are that it increases avenues of communication; adds more non elected city manager or chief administrative officers to the Executive Committee (though each city still only has one vote); and replaces the Technical Committee with an Administrative Committee that will provide recommendations to the Executive Committee. Language was added to require ACC to develop a mitigation proposal that would meet the needs of the parties and encourages meeting with the Port to seek to minimize impact upon the ACC communities. Pam approved the increased channels of information. The Committee recommended some editing improvements, and recommended the Agreement to that evening's meeting. Recommend Agreement to 2/23 COW. 3. Southcenter Parkway Extension Robin explained they had some federal and TIB funding for designing Southcenter Parkway south of S. 180` They asked for proposals and received 16 proposals. They rated the nine best of those, and chose David Evans and Associates highest. Sue Carlson said she wanted to be in on the contract negotiations for him. Segale proposes to move the road south of S. 180 toward the hillside, thereby saving more land for development. The design proposal is from S. 180 to the City limits and Segale will work on eventually extending that to S. 200 According to Sue, Segale will donate the ROW to the City for the road improvements. Negotiate contract; bring selection and contract to both Transportation and COW March 8 4. King County Trans Valley ITS Interlocal The County is putting in Intelligent Transportation System (ITS) components on S. 180 eastward to Renton. Though Tukwila does not contribute money to this project, we will install some previously planned fiber optic cable, and extend it into Renton. The Green River Interconnect project will put in fiber optic cable between Southcenter Parkway and Oaksdale, on S. Carr between 106 -SR 515 and on 515 between Carr and Benson Highway. The County will buy new controllers that will fit with our own system which we can use. Recommend Interlocal to COW and Regular Meeting.