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HomeMy WebLinkAboutTrans 2009-01-20 COMPLETE AGENDA PACKETNote 'Tuesd City of Tukwila Transportation Committee 0► De'Sean Quinn, Chair 4 Dennis Robertson Verna Griffin AGENDA I. Current Agenda Review II. Presentation(s) III. Business Agenda A. Boeing Access Road Bridge Replacement Project Grant Application Results from 2008 B. 2008 Overlay and Repair Program Project Completion Acceptance C. 2009 2012 SCATBd Interlocal Agreement and Resolution D. Tukwila International Blvd Phase II and III Construction Management Services Agreement Harris Associates E. Tukwila International Blvd Phase II and III Consultant Agreement Suplement #7 with KPG for Construction Management Support F. Tukwila International Blvd Phase II and III Construction Management Trailer Purchase G. Street Vacation at 13911 Tukwila International Blvd Resolution Setting a Public Hearing Date of 2/23/09 IV. Old Business Distribution: D. Quinn D. Robertson V. Griffin Mayor Haggerton J. Hernandez R. Berry K. Matej D. Speck C. O'Flaherty M. Hart S. Norris S. Kerslake TUESDAY, JANUARY 20, 2009 Time: 5;00 PM Place: Conference Room #1 I. II. III. A. Information Only Pg. 1 B. Forward to 2/02/09 Regular Pg. 3 Consent Agenda Pg. 5 Pg. 27 C. Forward to 1/26/09 COW D. Forward to 1/26/09 COW E. Forward to 1/26/09 COW F. Forward to 1/26/09 COW G. Forward to 1/26/09 COW IV. Future Agendas: J. Morrow B. Giberson F. Iriarte P. Brodin G. Labanara C. Knighton R. Tischmak P. Lau M. Mathia S. Anderson S. Hunstock J. Pace J. Harrison Next Scheduled Meeting: Monday, February 2, 2009 f The City of Tukwila strives to accommodate individuals with disabilities Please contact the Public Works Department at 206- 433 -0179 for assistance. N. Olivas M. Miotke C. Parrish B. Arthur File Copy Single side to 3 Extra Copies e-mail cover to B.Saxton, M. Hart, C. O'Flaherty, K. Narog, S. Norris and 5. Kirby Pg. 69 Pg. 87 Pg. 89 TO: Mayor Haggerton Transportation Committee FROM: Public Works Director DATE: January 14, 2009 SUBJECT: Boeing Access Road Over BNRR Bridge Replacement Project Project No. 94 -RWO8 Grant Application ISSUE Results of the City's grant application for replacement of the Boeing Access Road Bridge (over the railroads) and the selected projects from the 2008 Bridge Replacement and Rehabilitation Program. BACKGROUND In June of 2008, the City submitted an application for federal grant funds to replace the Boeing Access Road Bridge (over the railroad crossing). The total project cost estimate was $31 million and $24.8 million in grant funds was requested. Only $30 million was available statewide for the selected projects. DISCUSSION The selection committee received 42 project applications totaling $227 million. There were 19 projects selected for funding ranging from $283,214 to $2,983,500 (see attached list). The City has not yet received any correspondence or feedback from the selection committee regarding the competitiveness of the City's application. Staff recommends that the City continue to submit applications as funding becomes available in the future. RECOMMENDATION For information only. City of Tukwila INFORMATIONAL MEMORANDUM Attachment: List of selected 2008 Bridge Replacement and Rehabilitation Projects P:\PROJECTS\A- RW RS Projects \94RWO8 BAR Br Repl \Grant Results memo TC 1- 14- 09.doc Jim Haggerton, Mayor 2008 Bridge Replacement and Rehabilitation Projects Owner Chelan County: Chelan County Cowlitz County: Cowlitz County Grays Harbor County: Grays Harbor County Ocean Shores King County: Seattle Des Moines Normandy Park King County Bothell Lewis County: Lewis County Mason County: Mason County Pierce County: Tacoma Skagit County: Skagit County Skagit County Snohomish County: Snohomish County Spokane County: Spokane County Spokane County Whatcom County: Bellingham Yakima County: Yakima County City of Yakima Bridge Name West Monitor Tower Rd. Bridge Black Creek Bridge Tonquin 15 NE NE 106 North Twin Bridge Sylvester Road Sunday Creek North Creek #4 Coughlin Weaver Creek 1 East Lincoln Ave James Street (two bridges) Type of work Funding rehabilitation maintenance replacement replacement maintenance rehabilitation rehabilitation replacement replacement maintenance replacement maintenance 1,786,716 519,000 $1,248,400 $2,595,460 $1,500,000 $2,159,285 $2,522,986 $1,000,000 $2,116,120 302,750 $1,118,388 $2,983,500 Guemes Isi. Ferry Dock rehabilitation combined: Anacortes Ferry Dock rehabilitation $1,522,572 Swamp Creek #546 replacement $2,481,419 Elder Rd.- UPRR maintenance 283,214 Chattaroy over Dragoon Creek replacement $1,290,963 replacement $2,494,904 Terrace Heights Dr. maintenance 379,000 Nob Hill railroad #2 maintenance $1,742,658 TO: City of Tukwila Attachment: Dept of Revenue Notice of Completion INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Public Works Directoy VV DATE: January 13, 2009 SUBJECT: 2008 Overlay and Repair Program Project No. 08 -RW01, Contract 08 -078 Project Completion and Acceptance ISSUE Accept contract as complete and authorize for release of the retainage. BACKGROUND The Notice to Proceed for Contract No. 08 -078 with Watson Asphalt Co. of Maple Grove, Washington, was issued on September 2, 2008 for construction of the 2008 Overlay and Repair Program. Project 08 -RWO1 provided pavement repairs and overlays on nine road segments in the City. Construction was physically completed on November 14, 2008. Two Change Orders were issued during construction. Change Order No.1 installed a utility vault on East Marginal Way South (Site #5) for the traffic signal system for a fee of $29,300.00. Change Order No. 2 placed approximately 900 lineal feet of 12.5 -foot wide paving fabric underneath the new asphalt layer at a proposed cost of $9,000.00 and deleted approximately 1,500 square yards of pavement planning at a savings of $3,225.00, resulting in a net additional cost of $5,775.00. ANALYSIS The finalized project cost is under the authorized construction budget. Minor unit price underruns stated below were primarily due to fewer construction materials used than originally estimated: Contract Award Amount Change Orders No. 1 and 2 Unit Price Underruns Sales Tax (N /A) Total Amount Paid (incl. retainage) 697,322.75 35, 075.00 (41,401.35) 0.00 690.996.40 Jim Haggerton, Mayor RECOMMENDATION The Council is being asked to accept the contract with Watson Asphalt in the amount of $690,996.40 and consider this item on the consent agenda of the February 2, 2009 Regular Meeting. P:\PROJECTS\A- RW RS Projects \08RW01 2008 Overlay Repair\Consruction Phase\After ConsWcxion \INFO MEMO Closeout 2008 Overlay 1 -14-09 gl.doc State of Washington Department of Revenue I PO Box 47474 REVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 179017188 Date 11/26/08 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: es_ Finance Approval ame City of Tukwila Attn: Diane Jaber 6200 Southcenter Boulevard Tukwila, WA 98188 Description of Contract 2008 Annual Overlay and Repair Project Contractor's Name Watson Asphalt Paving Co., Inc. 9/2/08 Surety or Bonding Company Travelers Indemity Co. Agent's Address P.O. Box 3018 Botthell, WA 98041 -3018 Comments: Retainage Bond Info Only Tax Rule 171 Applies one Notice is hereby given relative to the completion of contract or project described below Contract Number 08 -078 Telephone Number 425 868 -4377 Contractor's Address P.O. Box 845 Redmond WA 98073 -0845 Date Work Commenced Date Work Completed 10/31/08 c/o Hub International Northwest Contract Amount 697,322.75 Additions 35,075.00 Liquidated Damages 0.00 Reductions 41,401.35 Sub -Total 690,996.40 Amount of Sales Tax Paid at 0.0 0.00 (If various rates apply, please send a breakdown.) TOTAL 690,996.40 6 Assigned To Date Assigned Signature Type or Print Name Diane Jaber Phone Number 206 -433 -1871 Date Work Accepted n en U se i Amount Disbursed 690,996.40 Amount Retained 0.00 TOTAL 690,996.40 D isbursing 4 ficelc The Disbursing Officer must complete and mail THREE copies of this notice to the Depatttttent of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http /dor.wa.gov. REV 31 0020e (6- 27 -01) City of Tukwila TO: Mayor Haggerton Transportation Committee Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM FROM: Public Works Director) DATE: January 12, 2009 VV SUBJECT: South County Area Transportation Board SCATBd) Resolution and Agreement ISSUE Authorize Mayor to sign a new interlocal agreement for continued participation in SCATBd. BACKGROUND Since 1992, SCATBd has been an effective South King County forum for information sharing, consensus building, and providing valuable input on regional and state transportation planning and implementation decisions. Attached are several documents providing additional insight into the activities of SCATBd. Annual SCATBd dues are $250.00. RECOMMENDATION The Council is being asked to approve the resolution authorizing the Mayor to enter into the interlocal agreement with SCATBd for 2009 -2012 and consider this item at the January 26, 2009 Committee of the Whole meeting and subsequent February 2, 2009 Regular Meeting. Attachments: Resolution Exhibit A (Map) and Exhibit B 2009 -2012 Agreement SCATBd Letter to Mayor (December 30, 2008) 2008 Annual Report and Work Program Goals SCATBd Letter to Senator Prentice (December 30, 2008) P:\BOB \SCATBd \Informational Memorandum SCATBd Res Agrmt.doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE CONTINUATION OF THE SOUTH COUNTY AREA TRANSPORTATION BOARD SCATBD) AS THE SOUTH KING COUNTY FORUM FOR INFORMATION SHARING, CONSENSUS BUILDING AND COORDINATING TO PROVIDE ADVICE ON REGIONAL TRANSPORTATION ISSUES AND APPROVE CONTINUED PARTICIPATION BY THE CITY OF TUKWILA; AND AUTHORIZING THE MAYOR TO SIGN THE INTERLOCAL AGREEMENT. WHEREAS, the South King County subarea has been involved in multi- jurisdictional transportation planning to develop coordinated plans for transportation improvements and programs for this area; and WHEREAS, these plans have been approved and efforts continue to be made to work cooperatively to implement the recommended projects; and WHEREAS, the SCATBd has been an effective forum for information sharing, consensus building and providing valuable input on transportation planning and implementation decisions; and WHEREAS, the City of Tukwila has participated in the past as a member and finds it to be in the interest of the City of Tukwila to continue to be a member of said South County Area Transportation Board; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Mayor is hereby authorized to sign the 2009 -2012 Interlocal Agreement, attached hereto as Exhibit B, to continue to participate in the South County Area Transportation Board, including identifying representatives and providing dues, and authorizes the Mayor to enter into this Interlocal Agreement. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Council Meeting thereof this day of 2009. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney CRAFT C:\Doeumenis and Settings\Al1 User Desktop\ Kelly\MSDATA\Resolutions\SCATBd 2009- 2072.doc BG:ksn 1/152009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachments: Exhibit A, SCATBd Map Exhibit B, 2009 -2012 Agreement for the South County Area Transportation Board Page 1 of 1 Federal'Way King County Muckleshoot Tribe Norm on Exhibit A Pacific Pierce County \sk\\ kee&‘ South King County Subarea 2008 South County Area Transportation Board (SCATBd) The information f invaded on this map has been compiled King La K County CouCounty y sta stafff Icing riuy andasubjevto oha nge ing without notice. K"m9 County y makes makes n no representations or warranties, expressed or implied as to accuracy, completeness, timeliness or rights to the use of such information. King County shall not be Gable for any general, special, indirect, incidental, or consequential damages including, but not limited to. lost revenues or lost profits resulting from the use or misuse of the indonnation 00.51 2 3 4 contained on this map. Any sale of this nap or information on this k �1 map is prohibited except by written permission of King County. 1Y ti Enumclaw Male Valley Black Diamond t %`a SCATBd SCATBD and ETP Cedar River Roads Parties to Agreement: City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific 2009 -2012 AGREEMENT FOR THE SOUTH COUNTY AREA TRANSPORTATION BOARD City of Renton City of SeaTac City of Tukwila King County Muckleshoot Tribe Pierce County Pierce Transit Port of Seattle Puget Sound Regional Council Sound Transit Transportation Improvement Board Washington State Depaitnuent of Transportation Washington State Transportation Commission Transmittal date to participating members for approval: December 30, 2008 1 Exhibit B THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called "Algona the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND, hereafter called "Black Diamond the CITY OF BURIEN, hereafter called "Burien the CITY OF COVINGTON, hereafter called "Covington the CITY OF DES MOINES, hereafter called "Des Moines the CITY OF ENUMCLAW hereafter called "Enumclaw the CITY OF FEDERAL WAY, hereafter called "Federal Way the CITY OF KENT, hereafter called "Kent the CITY OF MAPLE VALLEY, hereafter called "Maple Valley CITY OF MILTON, hereafter called "Milton the CITY OF NORMANDY PARK, hereafter called "Normandy Park the CITY OF PACIFIC, hereafter called "Pacific the CITY OF RENTON, hereafter called "Renton the CITY OF SEATAC, hereafter called "SeaTac the CITY OF TUKWILA, hereafter called "Tukwila the MUCKLESHOOT TRIBE; KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County PIERCE COUNTY, a legal subdivision of the State of Washington, hereafter called "Pierce County; the PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit PIERCE TRANSIT; the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called "WSDOT the WASHINGTON STATE TRANSPORTATION COMMISSION, hereafter called the "Transportation Commission the TRANSPORTATION IMPROVEMENT BOARD, hereafter called "TIB and the PORT OF SEATTLE. WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board (SCATBd) has effectively served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the South King subarea; and WHEREAS, the King County Comprehensive Plan for Public Transportation Long Range Policy Framework, adopted in 1993, divided Metro service into three geographic subareas for the purpose of allocating new transit subsidy; and WHEREAS, the Six -Year Transit Development Plan, adopted in 1995, called for the three subarea transportation boards (the Eastside Transportation Partnership, South County Area Transportation Board, and SeaShore Transportation Forum) to review, refine, and recommend service priorities to the King County Executive; and WHEREAS, Sound Transit relies on the three subarea transportation boards to review and recommend Sound Transit plans and implementation of projects and services; and WHEREAS, the geographic subarea boundary area for the South King Subarea is the area represented on the attached map (Exhibit A); NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1.0 Purpose of Agreement The purpose of the Agreement is to provide for the continuation of the South County Area Transportation Board (SCATBd) as the South forum for local governments to share information, build consensus, and coordinate among jurisdictions and agencies with the goal of providing advice on plans, programs, policies and priorities for regional transportation decisions. 2.0 Role of Subarea Transportation Boards 1. The South County Area Transportation Board (SCATBd) is the forum established for the South subarea of King County for elected officials to provide advice into the following decisions: a. The King County Metro six -year transit development plan, and implementation of transit service priorities. b. Sound Transit plans and implementation of projects and services. 2. The SCATBd may also provide input on other countywide and regional transportation issues. 3. The three subarea transportation boards shall hold at least one joint meeting annually to address issues of mutual interest and concern and promote regional decisions. 2 3.0 Voting and Non- voting Members 3.1 The voting members of SCATBd and their voting rights shall be as follows: Voting Members 1 Number of Reps. Algona Auburn Black Diamond Burien Covington Des Moines Enumclaw Federal Way King County Kent Maple Valley Milton Muckleshoot Tribe Normandy Park Pacific 1 Renton 1 SeaTac 1 Tukwila Pierce County 1 1 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 Sound Transit' Yes Yes No Yes No Yes No Yes Yes Yes No Yes Yes Yes Yes No Yes Yes No 3.2 The non voting members of SCATBd shall be as follows: 1 Non Voting Member 1 Number of Representatives Sound Transit 1 PSRC 1 WSDOT 1 ITIB i 1 Pierce Transit 1 Port of Seattle 1 Washington State Transportation Commission I 1 1 Private sector representation (if approved by SCATBd) 1 t Recommendations on Sound Transit capital and service plans and implementation 2 Recommendations on Metro Transit service plans 3 Identification of projects for the regional competition, if prescribed by the process approved by the King County members of the Transportation Policy Board *projects in Renton south of the Cedar River) Other recommendations including: Recommendations to the PSRC on plans, policies and programs, such as input on alternatives, policies and criteria for the regional transportation plan; on studies and analyses conducted; on criteria; on funding policies; and on regional priorities. Recommendations to the State Legislature, committees and commissions established by the Legislature, such as input on proposed legislation; on recommendations from commissions; and on transportation budgets and priorities. Recommendations to WSDOT on projects, policies, programs, priorities and funding, such as input on alternatives, funding, and priorities for major corridors; on tolling; on transportation demand management; on Commute Trip Reduction; on active traffic management and on state transportation plans. Recommendations to the State Transportation Commission, such as input on policies regarding tolling, preservation, capacity improvements and funding. Recommendations to the federal delegation on federal legislation, such as input on reauthorization; and on funding priorities. 3 Voting Rights Metro Transit Regional Other Competition Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes* Yes Yes Yes Yes Yes Yes Yes No No Yes 1 3.3 A roll call vote shall be taken on recommendations from the subarea board regarding Sound Transit capital and service plans and implementation, Metro Transit service plans, and identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. The results shall be recorded by jurisdiction. 4.0 Representation and Conduct 4.1 The representation on the South County Area Transportation Board (SCATBd) shall be as follows: 1. Elected officials appointed for a one -year term from each of the participating counties and cities, in the number specified above. King County representation shall be a maximum of two Councilmembers and the King County Executive or his designee. 2. High level staff from WSDOT, Pierce Transit, the Port of Seattle and the PSRC; a South King subarea board member of Sound Transit; the Director of the TIB; and a representative designated by the Washington Transportation Commission. 3. A representative of a private sector group or groups as detelliiined by SCATBd. 4.2 Each participating member shall appoint an alternate. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.3 On an annual basis, member jurisdictions shall inform the Lead Agency in writing of its representatives and alternates and provide the appropriate contact information for each. 4.4 The SCATBd will be responsible for overall program direction, approving Technical Advisory Committee recommendations and providing direction for input on transportation decisions 4.5 The SCATBd may establish its own bylaws and rules of procedures and may modify these as appropriate. Such bylaws and rules shall be consistent with the provisions of this Agreement and modifications to such bylaws and rules will not alter this Agreement. 4.6 The SCATBd may establish subcommittees as it determines appropriate. 4.7 With a simple majority of voting members as shown in Section 3.1, the SCATBd can adopt resolutions, authorize correspondence, request studies, or provide other advisory input to member jurisdictions or regional and state activities, including plans policies, programs, projects or legislative issues. 4.8 Any voting member may request that a minority statement be included in communications or otherwise distributed with the adopted majority position. 5.0 Chair and Vice Chair 5.1 The chair and vice chair of SCATBd shall be representatives of a member county or city located within the subarea's geographic boundaries. The chair and vice chair shall be elected by a majority of the voting representatives from jurisdictions within the subarea's geographic boundaries. 4 5.2 The chair and vice chair shall be nominated by a nominating committee established in November of each year, and nominated in December of each year. 5.3 The chair and vice chair shall serve a term of one year from February 1 through January 31 of the following year. 5.4 The chair and the vice chair shall conduct the SCATBd activities within adopted procedures and guidelines. The chair and vice chair are responsible for setting meeting agendas, ensuring fair opportunity for discussion, signing correspondence, and speaking on behalf of the SCATBd. 6.0 Technical Advisory Committee (TAC) 6.1 Each member jurisdiction or agency shall appoint at least one planning, public works and/or intergovernmental staff person to the Technical Advisory Committee (TAC). Private sector groups shall not participate in TAC activities. Each member jurisdiction and agency is expected to contribute such staff as is necessary to accomplish the work program adopted by the SCATBd. 6.2 The TAC shall provide technical assistance as requested by the SCATBd and shall advise the SCATBd and their respective members on emergent transportation issues, and be responsible for overall program development including drafting of the work program. The TAC shall also review consultant work, and coordinate its activities with adjacent jurisdictions, including the other subarea transportation forums. 6.3 When appropriate, the TAC will make recommendations for consideration of the SCATBd. The TAC's recommendations shall be arrived at by consensus of a majority of the TAC members present. If the Technical Advisory Committee is unable to reach consensus on a particular issue, TAC members may present discussion questions or a dissenting opinion to the SCATBd for consideration. 7.0 Lead Agency 7.1 King County will be the lead agency for the purposes of receipt of funds, contract administration, and disbursement of funds associated with consultant contracts and study- related expenses. King County shall appoint a staff member to serve as Project Manager for special projects. King County shall also provide general administrative and program support for the SCATBd. King County assumes wage and benefits cost of its staff performing Lead Agency responsibilities. 7.2 Lead Agency responsibilities include administrative and technical support for meetings and ongoing operations; collection, administration and distribution of dues; support to the chair and vice chair; preparation of correspondence and other materials; development and monitoring of work program; and coordination of consultant services or other special projects as directed by the SCATBd. 8.0 Annual Work Program The SCATBd may undertake activities consistent with its purposes and shall prepare an annual progress report and work program for the following year for submittal to its members. 5 9.0 Financing and Cost Sharing Guidelines 9.1 Yearly Dues Each member city will contribute $100.00 annually per vote awarded to remain members in good standing. The designated Lead Agency shall not be required to pay yearly dues. This revenue shall be used for special events, including an annual joint meeting of the subarea transportation boards, public education, or other expenses authorized by the SCATBd. 9.2 The following guidelines shall generally apply: 1. Annual Review of Financing: The SCATBd shall determine by June 30 of each year whether an additional fmancial contribution will be requested of the SCATBd jurisdictions. 2. Voting Members: If additional financial contributions are determined to be necessary, costs shall be shared among member jurisdictions other than King County by a method as determined by action of the SCATBd. Unless agreed to otherwise, King County's share shall be limited to the costs of providing staff support. 3. Non voting Members: The member agencies shall not be expected to make a direct funding contribution. 4. Modification to Agreement Required: A modification to this agreement specifying cost sharing, purpose, scope of work and other details is required to obligate a member jurisdiction to funding participation. 10.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to all of the other parties at least thirty (30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to SCATBd but shall make any contributions required to be paid to other parties under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. In the event a party withdraws, the remaining parties shall amend this Agreement as necessary to reflect changes in the named parties and cost and revenue allocations. In the event of withdrawal by a party, this Agreement shall terminate as to that party but shall continue in effect with respect to the remaining parties. However, the termination of this Agreement with respect to one or more parties shall not affect any of the parties' rights or obligations, including any rights or obligations of a withdrawing party, that are expressly intended to survive termination. Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party's governing body of sufficient funds to support said obligations. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw as provided herein. 11.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until all the tasks have been completed to the satisfaction of the SCATBd or until such time as the 6 participating members choose to conclude the program for other reasons, but in no case shall the program extend beyond December 31, 2012, unless terminated earlier or extended in accordance with Section 11.0. If all parties desire to extend this Agreement beyond December 31, 2012, they shall execute a Statement of Extension. In no event shall the Agreement be extended beyond December 31, 2014. 12.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 13.0. 13.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 11.0, any personal property other than cash shall remain with the Lead Agency. 14.0 Return of Funds At such time as this Agreement expires or is terminated in accordance with Section 11.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party's percentage share of the original contribution. 15.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 16.0 Legal Relations 16.1 The parties shall comply with all applicable state and federal laws and regulations. 16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 16.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this 7 section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. 16.4 The provisions of this Section 16 shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement. 17.0 Entirety and Modifications 17.1 This Agreement merges and supersedes aU prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. 17.2 This Agreement may be modified or extended only by written instrument signed by all the parties hereto. 18.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. City of Algona By: By: By: Date: Date: Date: City of Burien City of Enumblcaw City of Maple Valley City of Pacific City of Tukwila Pierce County Puget Sound Regional Council By: By: Date: Date: City of Auburn City of Black Diamond City of Covington City of Des Moines By: By: By: Date: Date: Date: City of Federal Way City of Kent By: By: By: Date: Date: Date: City of Milton City of Normandy Park By: By: By: Date: Date: Date: City of Renton City of Sea Tac By: By: By: Date: Date: Date: King County Muckleshoot Tribe By: By: By: Date: Date: Date: Pierce Transit Port of Seattle By: By: By: Date: Date: Date: By: By: By: Date: Date: Date: Washington State Department of Washington State Transportation Transportation Commission Sound Transit Transportation Improvement Board 9 ~ South County Area Transportation Board MS: KSC-TR-0814 201 South Jackson Street Seattle, WA 98104-3856 Phone: (206) 263-4710 Fax: (206) 684-211 1 December 30, 2008 The Honorable Jim Haggerton Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, W A 98188 Dear Mayor Haggerton: On December 16, 2008 the South County Area Transportation Board (SCA TBd) approved a revised agreement to extend SCATBd's activities through 2012. The revisions to this agreement, as well as the agreements for the Eastside Transportation Partnership and the SeaShore Transportation Forum, were developed by a joint subcommittee with representation from all three boards. The revisions are intended to provide more consistency and clarity for the boards' operations, and more opportunities for coordination among the subareas. Highlights of the proposed changes include the following: · Clarify voting and non-voting members, and seek consistency among the subareas in representation by the Port of Seattle, State Transportation Commission and local transit agencies from neighboring counties. · . Clarify voting rights on all issues, so that broad discussion is promoted, but voting on recommendations about subarea-based resource issues is limited to those jurisdictions located within the geographic boundaries ofthe subarea. · Establish consistent dues of $1 00 per voting member for each subarea. · Establish that one use of the dues shall be used to hold at least one joint meeting annually, to promote discussion of issues that cross subarea boundaries. Attached is the revised approved SCA TBd agreement, which we are sending to all participating cities and agencies for their individual approval. We hope that your governing body reviews this and takes action to approve it by mid-January. Approval by your governing body should include authorizing the appropriate person to sign the agreement on your city's behalf. A draft resolution to facilitate that process is attached. After your city has approved the agreement, please sign in the appropriate signature block and return it to Sally Marks, Supervising Transportation Planner, King County Department of Transportation, 201 S. Jackson Street, Seattle, W A. 98104. After all the parties have signed, you will receive a completed copy of the agreement for your records. 2009 SCATBd Agreement December 30, 2008 Page 2 of 3 If you have questions, please contact Sally Marks at 206 263 -4710 or sally.marks@kinacountv.aov. Thank you very much for your cooperation. Sincerely, Suzette Cooke Mayor, Kent SCATBd Chair Sue Blazak Councilmember, Burien SCATBd Vice Chair Attachment: 2009 -2012 SCATBd Agreement Draft Resolution cc: The Honorable Dennis Robertson, Councilmember, City of Tukwila Bob Giberson, City Engineer, City of Tukwila Christy O'Flaherty, City Clerk, City of Tukwila 2008 Annual Report South County Area Transportation Board (SCA TBd) Mission: The mission of SCA TBd is to serve as a South King County forum for information sharing, consensus building, and coordinating in order to resolve transportation issues and promote transportation programs that benefit the South King County area. Goals: To achieve its mission, SCATBd adopted the following goals: 1. Develop and promote a transportation system that will provide personal mobility choices for South County residents consistent with the transportation goals of the Growth Management Act and; 2. Develop and promote transportation and related actions that promote and sustain economic development, through efficient movement of people and goods, within the South County and contiguous areas. History: The South County Area Transportation Board (SCA TBd), composed of four cities and King County, initially was formed in the late 1980's to identify and promote transportation improvements in the South County. Significant funding was received from the Transportation Improvement Board for these purposes, and the informal group moved toward forming a Transportation Benefit District. At King County's request, this effort was superseded in 1992 by the formation of a new and expanded SCA TBd involving fourteen South County cities and King County. This was accomplished through adoption of formal motions by each participating jurisdiction. Subsequently, interlocal agreements were adopted to guide SCATBd operations. Since 1992, SCATBd has provided valuable input to the development of the King County Metro Transit Six-Year Plan and service implemented in accordance with that plan and the development and implementation of Sound Transit's Sound Move Plan. SCA TBd also has competed successfully for federal funding, has provided input to State Legislative actions, and was instrumental in providing South King County priorities for the Roads and Transit ballot measure in 2007 and the successful Sound Transit Phase 2 ballot measure in 2008. SCA TBd Structure: Members of SCA TBd for 2008 are shown on the following page. Each elected official representing a city or county has one vote. Agency representatives are non- voting members. In addition to formal membership, South King County Chambers of Commerce are encouraged to attend. During 2008 Mayor Suzette Cook served as Chair and Councilmember Sue Blazak served as Vice Chair. SCATBd Website: Additional information about SCATBd, including meeting schedules and summaries, is available at the following internet address: ww\v .kingcountv. gov/transportationlkcdot/planningandpo licy/ ortp/subareas/ 2008 SCATBd Work Prol!ram Goals and Accomplishments In early 2008, SCATBd developed a work program for 2008 with four major work items. These are shown below, with a brief indication of the accomplishments achieved for each item. 2008 Maior Work Item 2 08 Accomplishments Administration . Approved the 2008 Work Program on February 19,2008. . Reviewed dues as part of revisions to agreement and accepted dues of $1 00 per voting member. . Approved revisions to the SCA TBd agreement December 16, 2008. Planning . Developed a list of priority non-motorized trails projects that linked the regional trails in South King County to transit facilities and urban areas, and provided new connections between existing regional trails. . Provided the 520 Tolling Implementation Committee with concerns regarding potential effects tolling may have on South King County cities because of diverted traffic. . Monitored development of Transportation 2040 and formulation of alternatives in preparation for 2009 draft plan. . Monitored work of the Regional Traffic Operations Committee activities. Implementation and . Provided recommendations and support to the Sound Transit Funding: Clarify and board regarding the development of a Sound Transit Phase 2 provide input on SCA TBd plan that was approved by voters in November, 2008. priorities for funding . Monitored implementation of 10,000 hours of new Transit Now service, including the Renton and Kent partnership on route 153, and provided input for future improvements. . Monitored implementation of Sound Move projects including two additional Sounder south line roundtrips and changes in Express Bus service. Also provided input in preparation for Link Light Rail service implementation in 2009. . Received briefing on successful implementation of SR 167 HOT lane pilot project and on the status of funded and unfunded 1-405 projects. Education and Advocacy: . Provided input to the 2008 Legislature regarding the Board's Promote funding and recommendations on important transportation related issues implementation of SCATBd to South King County including, maintaining existing priority projects and infrastructure, ensuring the state upholds its responsibility to programs the State Transportation System, bolstering funding for local, regional and freight corridors, and developing a new state policy requiring local input and coordination with transit agencies when making tolling related decisions. . Provided guidance in the preparation of a report o documenting the magnitude of local transportation needs, particularly preservation needs. The PSRC will use this as a basis for local needs in Transportation 2040. · Reviewed existing options for local transportation funding and included consideration of this as a priority for the 2009 legislative session. · Agreed that the three subarea boards should make efforts to communicate more frequently on issues of mutual interest and revised the ETP agreement to reflect this. · Adopted priority issues and a strategy for 2009 legislative session. , ~ South County Area Transportation Board MS: KSC-TR-0814 201 South Jackson Street Seattle, WA 98104-3856 Phone: (206) 263-4710 Fax: (206) 684-2111 December 30, 2008 The Honorable Margarita Prentice Senator, 11 th District P.O. Box 40411 Olympia, W A 98504-0411 Dear Senator Prentice: The South King County Area Transportation Board (SCATBd) consists of elected officials representing sixteen cities and all of unincorporated South King County representing some 650,000 people who comprise about 37% of the county's population. On behalf of SCATBd, we are writing to transmit to you our priority transportation issues for your consideration during the 2009 Legislative session. SCATBd's Policy Statements for the 2009 Legislative Session Approved December 16, 2008 The SCATBd represents the largest freight, manufacturing and industrial center in the Pacific Northwest. Along with accommodating about 37 percent of King County's overall population, the SCATBd area serves as: · A crossroads for highways: 1-5,1-405, SR-18, SR-99, SR-161, SR-162, SR-164, SR-167, SR-169, SR-181, SR:509, SR-515, SR-516, SR-518. · The site of the region's highest commuter rail ridership segments. · The southern terminus for Link: light rail, which will be extended to the northern boundary of Federal Way under the Sound Transit 2 (ST2) plan. · Home of the state's largest airport, which is the 14th-busiest airport in the United States. · The connection between the Ports of Seattle and Tacoma and the second largest warehouse distribution center on the West Coast: SR-167 accommodates fully one-third of all Port of Seattle and Port of Tacoma truck traffic. · A critical player in freight movement and through-put. · A major employment center for the entire region (warehousing, Weyerhaeuser, Boeing, Sea- Tac Airport). · Host to some of the busiest park-and-ride and transit facilities within the region, and several Transit Oriented Development projects. Algona - Auburn - Black Diamond - Burien - Covington - Des Moines. Enumclaw _ Federal Way. Kent. King County. Maple VaIley Milton · Muckleshoot Indian Tribe. Normandy Park - Pacific - Renton _ SeaTac _ Tukwila _ Pierce Transit. Port of Seattle _ Sound Transit. Transnortation Imorovement Board . Pu~et Sound Relrional Council . Wa~hin~on State Denartment of Transnortation 2009 Legislative Agenda December 30, 2008 Page 2 SCATBd members are knowledgeable about transportation and playa key role in regional discussions. · Members ofSCATBd serve on the Puget Sound Regional Council (PSRC) Transportation Policy Board, the Sound Transit Board, and the state's Transportation Improvement Board. · SCATBd has regular interactions with WSDOT officials. · SCATBd routinely weighs in on regional transportation ballot measures, and develops an annual Legislative Agenda. · SCATBd has ongoing communications with the King County Council, the Sound Transit Board, the PSRC and the Prosperity Partnership, and other key players across the region. SCATBd recognizes the serious statewide budget shortfall that faces the 2009 Legislature and offers the following priorities for the Legislature's consideration: 1. The 2009 Legislature needs to protect and maintain existing projects and funding within the 2003 Nickel Package and 2005 Transportation Partnership Act (TP A). While SCATBd recognizes that the Legislature will need to deal with serious statewide budget shortfalls, it continues to urge the Legislature to maintain as a top priority the completion of critical South King County 2003 Nickel and 2005 TP A projects. This includes improvements in the 1-405, SR 167, SR 518 and 1-5 corridors, including the 1-5/SR- 18/SR-161 "Triangle" interchange project. 2. The Legislature needs to consider funding for significant state corridors. SCATBd would like to emphasize the need for the planned, but currently unfunded, improvements in the 1-405 corridor between Renton and Bellevue, which experiences the worst congestion in the state. SCATBd was gratified that the Stage 2 1-405 project is continuing to move forward, but urges the Legislature to develop a funding plan for the remaining improvements in the 1-405 corridor. SCATBd would also like to take this opportunity to emphasize the importance of completing other regional projects, such as the 1-5/SR 509 project, which is ready to go and would provide a much-needed facility for freight as well as general traffic. In addition, funding for future projects, such as those identified in the SR 518, SR 169 and SR 164 Route Development Plans, should be pursued. 3. SCATBd urges the Legislature to revisit how transportation is funded and explore better ways to meet the growing funding gap. The current system of fmancing transportation infrastructure is based on an outdated model and is overly dependent on a gasoline tax that will yield less and less revenue with the delivery of more transit alternatives, battery-powered vehicles, and consumer reactions to sharply rising prices. Given these dynamics, coupled with the inadequate funding available for transportation needs at both the state and local levels, the Legislature should look at ways to fundamentally reform the current system and seek more sustainable and reliable revenue sources that fit with the multi-faceted transportation systems of tomorrow. The goal should be to assure 2009 Legislative Agenda December 30, 2008 Page 3 sufficient revenues at the state and local levels to keep the system safe and reliable for the traveling public. This may include establishment of a blue ribbon commission to assess the current situation, evaluate a series of options, and make recommendations. · Consideration should be given to exploring ways to provide more direct revenues to local jurisdictions that bear the ultimate responsibility for getting people and goods to their final destinations. · In lieu of new revenue, the Legislature should look at what effective tools and options can be provided to local governments to assist with the growing backlog of local roadway and maintenance and operations needs. 4. The 2009 Legislature should adopt a tolling model that can be applied to other . corridors in the future. SCATBd recognizes that tolling can be an effective tool to manage traffic and also generate revenue, as demonstrated by the Tacoma Narrows Bridge and SR 167 HOT lanes pilot project. In developing tolling policies for the SR 520, 1-90 and other corridors, the Legislature should strive to design a model that passes fairness and reasonableness tests. It will also be necessary to provide sufficient mitigation so that good alternatives to driving in the corridor are available, and adverse effects in other corridors from diverted traffic can be mitigated. To do this the Legislature should consider a range of mitigation tools, including capital improvements, transportation demand management and transit service. 5. The State needs to be a partner with local governments in meeting Vehicle Miles Traveled (VMT) reduction goals. A Transportation Interim Working Group will deliver a report and recommendations to the 2009 Legislature. The Legislature will need to find ways to meet the funding needs for Commute Trip Reduction (CTR), transit, vanpools and other strategies, as required by the adopted legislation, taking care that new actions do not result in unfunded mandates to local jurisdictions. 6. The State needs to provide financial support for the basic Commute Trip Reduction program. Over recent years, state support for the basic CTR program has been reduced, resulting in cities' subsidizing this program, which is mandated by the State. While the state has provided funding for vanpools and grant programs, it should fund the basic CTR pro gram first. 7. SCATBd recognizes that regional transportation and transit "governance" may be a topic for the 2009 Legislature. SCATBd members continue to question if governance changes are the best way to address a lack of investment and growing congestion in the transportation system. However, ifnew governance structures are contemplated, SCATBd requests a seat at the table to be involved in governance discussions. SCATBd also asks legislators to consider specific "gaps," functions or areas of focus that should be addressed if governance is examined. 2009 Legislative Agenda December 30, 2008 Page 4 SCATBd offers its help to legislators by Working with legislators on creative solutions to these challenges Identifying transportation projects and investments in infrastructure that can play a key role in any economic stimulus package that the state or federal government undertakes Communicating these priorities to other pay Lifers and the public. Our members look forward to discussing these issues with you over the coming months. Together, we hope to ensure that the 2009 session results in continued improvements in our transportation system. Thank you in advance for your consideration of our concerns. Sincerely, Suzette Cooke Mayor, City of Kent Chair South County Area Transportation Board cc: SCATBd Members Sue Blazak Councilmember, City of Burien Vice Chair City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Public Works Directo~ DATE: January 14, 2009 SUBJECT: Tukwila International Blvd. - Phases II & III (S 116th St to S 139th St) Project Nos. 95-RW03 & 95-RW04 Construction Management (CM) Services with Harris & Associates ISSUE Approve Consultant selection and authorize the execution of a contract with Harris & Associates, to provide construction management services for TIB Phases II & III Project. BACKGROUND While in-house City staff will provide lead construction management oversight of the Tukwila International Blvd Phase II & III project, additional specialized resources will be required to supplement in-house capabilities. A Request for Proposals was advertised for consulting services and the City received seven (7) proposals that were rated by a selection panel. The top four (4) firms were interviewed (Harris, KBA, Jacob, and CH2M Hill). Harris was rated highest by the cumulative scores of the interview panel. It was demonstrated that they had the most qualified team to deal with the complex construction issues of this project. DISCUSSION The Harris contract will include a full time senior inspector, full time junior inspector/office engineer, compliance support, on call schedule analysis, and on call structural inspection. The fee of $1 ,275,049.00 is reasonable for the scope provided by Harris for this large project. The total revised construction management budget is 15% of the new construction contract, plus contingency ($14,100,505.58 x 15% for CM = approx. $2,115,000.00). CM Expenses Budqet $1,275,049.00 0.00 385,000.00 0.00 30,000.00 0.00 424,951.00 0.00 0.00 $1,211,000.00 0.00 701,000.00 0.00 203,000.00 $2,115,000.00 $2.115.000.00 Harris CM & Inspection KPG Sup #7 CM & Testing CM Trailer City Staff CM, WSDOT Support & Misc Expenses TIB Phase II CM Budget (CIP page 16) TIB Phase III CM Budget (CIP page 17) Construction Budqet to Supplement CM Total Budget Amounts RECOMMENDATION The Council is being asked to approve the contract with Harris & Associates to provide construction management services for Tukwila International Blvd Phase II & III Project in the amount of $1,275,049.00 and consider this item at the January 26, 2009 Committee of the Whole meeting and subsequent February 2, 2009 Regular Meeting. Attachments: Consultant Selection Rating Sheet Consultant Contract including Scope of Work and Fee P:\PROJECTSIA- RW & RS Projecls\95RW03 TI82\1nfo Memo Harris eM 01-14-09 MERdoc Tukwila International Boulevard / TIB Phase II and III CM Consultants Final Selection CH2M Hill Harris & Associates Jacobs KBA Local Agency COOsultanflAddressfTelephone Harris & Associates, Inc. Standard Consultant 1800 112thAvenue NE, #21 OW Agreement Bellevue, WA 98004 425.453.0999 phone IZI ArchitecturaVEngineering Agreement 425.453.0707 faX" o Personal Services Agreement Agreement Number 95-RW03 (Harris 074-4038) Project Title And Work Description Federal Aid Number Phase 2: STPF-STPUL-0099(077) Tukwila International Boulevard Phase 3: HLP-STPUL-0099(103) Phase II & III Improvements AgreementType (Choose one) "Construction Administration & Inspection o Lump Sum Services" Lump Sum Amount $ o Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation o Actual Cost Dyes tKl No % D Actual Cost Not To Exceed Federal 10 Number or Social security Number % 942385238 o Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ DYes IKI No .. Dec. 31,2010 KJ Specific Rates Of Pay Total Amount Authorized $ 1,275,049.00 3J Negotiated Hourly Rate D Provisional Hourly Rate Management Reserve Fund $ 0 o Cost Per Unit of Work Maximum Amount Payable $ 1,275,049.00 Index of Exhibits (Check aU "that apply): IXJ ExhibitA-l Scope ofWwk o Exhibit A-2 Task Order Agreement D Exhibit B-1 DBE Utilization Certification IX) Exhibit C Electronic Exchange of Data o Exhibit D-l Payment - Lump Sum D Exhibit D-2 Payment - Cost Plus IX] Exlu"bit D-3 Payment - Hourly Rate D Exhibit D-4 Payment - Provisional o Exlu"bit B-1 Fee - LumplFixedlUnit IXl Exhibit B-2 Fee - SpecmcRates o Exhibit F Overhead Cost D Exhibit G Subcontracted Work o Exhibit G-1 SubconsultUlt Fee D Exhibit G-2 Fee-Sub Specific Rates -0 Exhibit G-3 Sub Overhead Cost 1KI Exhibit H Title VI Assucances 1KI Exhibit I Payment Upon Termination of Agreement D Exhibit J Alleged Consultant Design Error Procedures - IKl Exhibit K Consultant Claim. Procedures m Exhibit L Liability Insurance Increase 1KI Exlu"bit M-la COnsultant certification m Exhibit rvi-lb Agency Official Certification 1KI Exhibit M-2 Certification - PrimaIy 1KI Exhibit M-3 Lobbying Certification 1KI Exhibit M-4 Pricing Data Certification m App. 31.910 Supplemental Signature Page THIS AGREEMENT. made and entered into this between the Local Agency of City of Tukwila and the above otganization hereinafter called the "CONSULTANT". da.yof . 2009 , . Washington, hereinafter called the "AGENCY" . DOT Fonn 14(l.{J59 EF Revised 312008 Page 1 ofB WITNESSEm THAT: WHEREAS. the AGENCY desires to accomplish the above refeeenced project. and WHEREAS. the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS. 1he CONSULTANT represents that he/she is in compliance with '!he Washington State Statutes relating to professional registration. if applicable, and has signified a. willingness to furnish Consulting services to the AGENCY, NOW TlIEREFORE, in considetation of the tenns, conditions, covenants and perl'onnance contained herein, or attached and incolporated and made a part hereof, the parties hereto agree as follows: . I General Description of Work The work undec 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 fumisIi all services, labor, and related equipment neccssaIY to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit ~ A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups. or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups. and/or individuals .shall be coordinated throJIgh the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSill..TANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibif "A." . The CONSULTANT shall prepare a montblyprogress report, in a form approved by the AGENCY, which will outline in written and graphical fm;m the various phases and the ordec of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT. and each SUBCONSULTANT, shall not discriminate on the basis ofr.u:e, color, national origin, or sex. in the perfOlIl1ance of this contract. The CONSULTANT, and each SUB CONSULTANT , shall earlY out applicable requirements of 49 CFR Part 26 in the award and administJ:ation of US DOT -assisted contlacts. Failure by the CONSULTANT to cmy out these requirements is a material breach oftllis AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, pee 49 CFR Part 26, or participation of Minority Business En1eIprises (MBE). and Women Business Enteqlrises (WBE), shall be shown on the heading of this AGREEMENT. IfDlMIWBE firms areutilized, the amounts authorized to each finn and their certification number win be shown on Exhibit <<JJ" attached hereto and by this refurence made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE fum they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatoIY DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files. prepared by the CONSULTANT, must .meet the requirements as outlined in ExbJ."bit "C.>> All designs, drawings, specifications, documents, and other wmk products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY_ Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occwring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page20fB IV Time for Beginning and Compfetion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. . All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to theAGENCY. 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 agJeement issued by the AGENCY is required to extend the established completion time. V Payment ProVisions The CONSULTANT shall be paid by the AGENCY for completed wOIk and setv.ices rendered under this AGREEMENT as provided in Exhibit "D" attached hereto. and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor. materials. supplies, equipment, and incidentals necessaxy to complete the work. The CONSULTANT shall confoml to all applicable portions of 48 CPR Part 31. A post audit.may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of wcuX as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. . All reimbursable direct labor. overhead, direct non-salary costs and fixed fee costs forthe sub--consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment. the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth inRCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-con1ract for theperl'onnance of any work under this AGREEMENT without prior written pennission of the AGENCY. No pennission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub-consultant is required to peIfonn a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person. other than a bona fide employee working solely for the CONSULTANT, to solicit orsecure this contract, and that it has not paid or agreed to pay any company or person, other than a bona :fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this wmant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion. to deduct from the AGREEMENT price or consideration or otheIwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT. shall be considered employees of the CONSULTANT only and not of the AGENCY. and any and all claims 1hatmay arise under any Wmkmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page30fa 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 worle or services provided 10 be rendered herem. shall be the sole obligation and re5ponsibilif,y of the CONSULTANT. The CONSULTANT shall not engage. on a. full- or part-time basis, or other basis, during the period of the contrac~ any professinnal or technical personnel who are. or have been, at any time during the period of the contract" in the employ of the United States Department of TtanspOItation, or "the STATE, orthe AGENCY, except regularly retired employees, without written consent of the public employer of such person. . VIII Nondiscrimination During the perfonnance of this contract. the CONSULTANT. for itself. its assignees, and SUCC$sors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 200Od-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights RestoIation Act of1987 (Public Law 100-259) American with Disabilities Act of1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions ofExlubit "H" attached hereto and by this reference made part of this AGREEMENT. and shall :include the attaclied Exhibit "H" in evety sub-contract. including procurement of materials and leases of equipment. unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is tem1inated by the AGENCY other than for default on. the part of the CONSULTANT, a final paym.entsball be made to the CONSULTANT as shown in Exhibit 'T for the type uf AGREEMENT used. No payment shall be made for anywmk completed after ten (10) days following receipt by the CONSULTANT of the Notice to Tenninate. If the accumulated payment made to the CONSULTANT prior to Notice ofTe:m1ination exceeds the total amount that would be due when comPuted as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 or8 In such an oeVEm. thi!:amol1!llto bepafd sba1lbe dlOtM"mml!dbythe,AGE.'NCYwidh~gNen to1he atlUal cosl5 iD.cum!dby1he CONSUL'F..utt ill: parfhnn;"g t:l!ewoik to th.edateoft~ dma:mm.mt ofwoi&; origilJaliy requ;imd 'W11ich was 53lim.amD;y cmnp1m:d,to- dam oftefmiJl.al:ioo. wlu!ilher t3:1atwmk is ill a fimn or a type v.'hichis mable ttJ.d1e.AGBNCY attl1e tiJne. ofh>'rminRtilm:, themst to 1heAGENCY !If employil:1g anolher fim1 toam1.pJetethe walk reqIIiIed and I'M time 'Wbichmay be required to dtJ so, and other facta-IS 'Which affuctthe vaJne!to the AGENeY" of tlm wtlik pezfa.mwl at d1e time afmmination. Under 00 ciIamJ.staI1ces sba11 ps:ymentmade 1ll!lier1bis SI1bseCliml. excE,edJae lmlonnt, which WDII!d have bel1Jll11JlLde. u.sin,g1he f'ommls. set:fuIlh. alJo.ve-. Ifit.is- detelmined fur -my NlISOn,that the- CONSULTAlIT WlIS not in deISlili' or ft1atthe CONSULTANT'S fail'llIl! to pedbJm is widLauttheCONSULTANT'S-or it's ~e>s deDult <<negligence. thoetErmiDa.fuIo.sha1l bP: de.emed to bu teJD1iDation for the oomrenieDr.e-oftheAGENCY. Inmch aD. event" 1fIe.CONSULTANT wlltlld~l'einibmsedmr actul com in ;IICC-a~ with 1he~ for other thm.defmII: dllusei listed previously. In'I:MewDto-fthe death ofmymem~ pJll1ne iIr ilfiker ofdJ.e CONSULT.L\lITor an.y ofmS'Upl!WisoXYper5mmel assigned tn the PROJECT, or d15sDlutioD. Cl'flhe pliItDeIShip, tmJUnation cl'the c.cl1pCIa1io-n, or disafiiliatinn of the priDdpally iIwDMdemployee, :the-smriWI:g:menibe:rsofthe: CONSOCTANI'bI!leby agIeem c.oWJl!ete Ihe work under ~ terms: of this, AGREEMENT, ifreques.tR to do so by the AGE.'NCY_ This subsecliao. 5ilIa1I IIDt be a ibar1D- reDl!gCtia.IDm oftJ1e. AGRBBMBNTlIEtweenthe surviving members oftb:eOONSULTANTand -IheAGENCY. lithe AGENCY sodIoD56. In the- evmtcftbe -denh of my offue- parties listedinthe ~ p~ sllouIa 1ha surviving membenof the CONSULTANT, wi1hthe AGENCY'S Cm1t.'lmellC:E!-. d8iIe to ~this AGREEMENT. p3}'I1Umi shall be msd.ezs set fm1h in1he -SI!.C-ond. pamgraphofthis :Sfct:i.OI!. Payment fi::Jr-snypaIt of the wOIk by ftLe AGENCY -SballDOt ~ SiWBiverby th>eAGBNCY ofany mmema of any type itma.y 11ave agaimtthi!: CONSULTANTfotsnybNKh ofthisAGRBEMENT by dl.eCONSULTANT. mmr :IiKil:me of~ CONSULTANT topmiJ.Im WOIk mq-aiml ofil by tl1e: AGENCY _ Forbl!illI811Cl! of any IighIs tm.de:r the AGREEMENT will I1Dl:c-omtitute waiwr oflmlfl'lM>'1eIIt to exerc:is.e BLose: Iigb1s wUh il'l!:SJIet.t to any f1.ttureact ot' omissionbydLe CONSULTANT. X Changes of Work TheCONSULTANT !lball make sudu:hmges ami emimls in the mmplete-w-mk -ofth:is AGREEMENT ,as 11e<:6SmY to correct errors.appeariI!g theIeiD, whe:ltrequired -It" do so b}' the AGENCY" without atlJiitiall81 C.omperI!laMn thm!.of. Shotddthe AGENCY fiDd it desirable fucits I1<WU pmposu to b:sve pmvio'msly sa.tisfattorily CDmpleted woik: or pam iliW!of~orm.rised. the, CONSULTANT shill make such mvmCllS'ti diIKted by the AGENCY. This worll: shaJl be ciJI1SilWecl-as Extra Worltand wiU'bepaid:IDru heWn provided m:J.der Setlilm.XlV. Xl Disputes A-,i.y dispuN: c.nnt'"""';~,questions of fiKJ: in mnnedion with the wo:dl: nat -dispcsad_-cfby A-GRBBMENT between the CONSULTANT and! the AGENCY shall be H-fen'ed for cietem1.inatio-n t-o the Dm!cto:r ofPnblic WorIi:s or AGENCY 111'1gjn~. whose ckdsion.iIl d1e -matter shall be fiDal m:ui bmdin,g on the parties of-dUs AGREEMENT~ provided, bowEva; thatif' m IIttion. islmmght...nllll'''''''~the,DiRctor ofPnblit: WClrli:s:or AGBNCY~!i dl!dsio-n, d1st d&is::i.o-n sballbe subject to de-novo judidaI n!\Iiew. If the parties to this AGREEMENT IIIlItUBUy agre!, d:ispuW c.onc-emmg- alle,gi!.d design tm'lIrs wiD be cmLC1nctEd uw:Ier1he procedllres:fuund in EKhibit -uJ"'.and disputes mnctilring claims: willbe rimdumd 1II1der th1e prDCE.dmes:fin.uI.d illExhibit "X". XII V-enlJe, Applicable Law. and Personal Jurisdiction In ~ evmtthat eifuerpmty deems itnecessBIj' to- ins6tIIte legal .action. or proc-l!eding!110 ~oroe any right or obligatiml1ULder this AGREmYmNT. tihe:parties hereto agree 1ba1:my such. atti!m shall be initiatEd m the Superlm c.clnrt a-f1h2 Stste ofWashin~ sitnated. imtbe,coumy in wlIichthe A-G~CY is Ioc-ated.. The partis herem- sgJee that all cp1e5mms sball be resolved by applkationmWsshmgtmllaw mid 1'hat111e parnes to such action sbalIhave 1:hI!, light ofappeal:limn:mch decisfom of1he Superior cmnt ill acco:rcllmte with ilie laws -ofthi! State, ofWaslhiDgtou.. The -CONSULTANT hereby mIISElItS In the peISOUI jmis:d:i.tti.oa~ftha Superior court mtM Sb.te ofW;llqni"e;tn1l, sitl.la:ted m. ft1e -OOUD1y in wlIkhthe: AGENCY is loca.ted. ~ Sofa XIII Legal Relations The CONSDLTANT slWl"amplywi1h Bll FeaeraI~ ~ 8Dii local laws ULd mmnll111""'~ applicable to 1:ha wmktobe- done UIIIie.r dii!l AGR.HBMmIT. "!'big cmltmCl shall be inleIpreted and ,tOJ1StImd in :w;:0IdaIKe wifu the laws of the State ofWasbingtml. TheCONSOLTANTsball ind~i}rmdhBldIheAGBNCY ,andtIm STATE and its offiws.and~hannless from mdshall pm~.md&fend alib OWZlupemeall ~dl>m!mil~ Ql" suits At IawmequilyarisiIIg ill who~ or inpBItfmm dIe CONSULTANT'SnegJigellce or bmadl of lIlIY oEm obligatWI15unde:rd1is;.AGREEMEN'T; provided thfilUlft1mg herein shaIl :reqube II CONSULTANT' to i'lll'l:mmify' the AGENCY or the- STATE against and hold. bam1!Iss theAGEN'CY or thee STAm imm dllims. d.........n'l. or sIIits based. solely lIJIQU t1:Ie mnduct oflhe AGENCY -or d1e: S'I'A'l'E. their.sgElll5. -affic~ md. emp1o}'e:E!I; aIllipmvided 1iI1ther 1hal if the daim5 or snits; ate a.used by m result :from tiIA! CDI1C'IIm!ltt negli,gmce of (a) the CONSULTANT'S ~~ill" a:DplDyees:. lIIId. ~} th.eoAGENCY o.r the STATE.. tbeir a~. offiteIs mui employee!l, t1Jis i'"ilm'l"ity pmvisilII1 'Wilh.rll!spectto- (1) daiIm oar:5tlits b&!d lIpcn. 51IICh ~ence (2) 1112 costs to iiI1e AGENCY or the STATE i1f Asofionding sucb da:ims S1d suits shall be vslli! and enfmtealfle oaly to 1Iu!u:tmIt" ofd1e CONSULTANT'S ne~ or the negJigmce-ofthe CONSULTANT'S agents or employees. The: CONSULTANT'SrelatioD. to- the, AGENCY shall be ~t;all mues:u -mm~tmn1mctor. The CONSULTANT shall c-amplywffil all spplicab1e secti.au oftli.e sPwiaible Etbks lnw, iDdOOing RCW 42.23. whil:h is the Code ofBtbks fiIr:regLila:ling ClJIlIrac.t i.nterestby mmlidpa! offices.. Tbe CONSULTANT specifir:aIly 8551I1D1!S:poteI1Iialliabifily fi1r.actions brou:bt 'by the CONSULTANT'S t3WIl ~oyees agMmt the AGENCY and, solely for1:lu! pm:pa!le -of this mA.-mifi'c:atUln snddefeIJse., the CONSULTANT :5pe:c:ifita1Iy wai~ any immunity UDd& ftte, slate- md'lIS'trisl.iI1mm1ce law. 'rule 51 RCW. UDleD othEwise specified:in the AGRBEMEN'I'" tiIS AGENCYsball be respomible fur a.dmiDistntitm of coll.5tIUCtion c-m:Ilrlld5,ifmy, em 1f1e PRomcr_ Subjett to 1he proc5Sing -of.a m:w sole 5Omc~ at" an aocepts'ble supplemeutal agJe~ the.CONSUL'I'ANT' shall pwvideOJ:l.-Call as:sistanc-e to 1heAGENCY dmiI1g mnttact.~ By pm\Iidiag such S!I!iisI:mu:E!-, the CONSULTANT :shall.;S55UI1l1! nil' re:sponsi.biJity for: proper C-omtm.ct:IDiIl tedmiqillS. job siIe safely. o.r any canstmcti.oil1 mntmctor's:f.W.'I11'e to pefoIm iliI wmk iD.lliC.~ with the ccnlratt dol:U11U!Ilt5. The CONSULTANT shall obtain. and keep in fcree during the:tEm1.!icf~ AGRBBMENT, -or as .DthP:rwisE!! reqWreiI,. the: fbllowing iI1surmce with ~ni"", iJI' through SmIrC6 -a.ppIll\'l&Iby the State- TnsImmce Comm:is5ioo.er pursuaIltto Title 48RCW. . Ins1mmJ:e Cove:rag.e A. Wmbr~s compeI1Sati.a<n.md employer's liability insurs:m1 a!l requir.ed by d1e STATE. B. Ccmmmial geaml Iiabifity DId property. dama,ge iIlislmnc-e in an aggregate- ammm1: not Ies!l1llm two :miIIi.on dolJars (S2.-o00,ODD) mr bodily injm:y", indu.diag death andpropetty damage. The per OCCllIl'eIKe lIIItOU'ttt sball DOt.exceed -one mi1liDn doJrsrs {Sl,ocrn.6DD}. C. Vebide liability iImIIBnce for BY auIom.IJb~ used man ammmtnot Iessthm a OM million dollar (Sl.ODD.OOO) ccmbined sillgle limit. . Excepting ~ Woiker~Comj:lensation Instmm.te md my PmfessfoDal liability In..U1:rm1re sec:uml by the CONSm:rANT. tbe AGENCY will be named on all pc1iciesnan addiolIDalilmlred. The CONSULTANT sb.all :fumish 1he AGBNCYwilh VI!!li:ficat:i. iJfiIlslmmte and ~ mqlIimd by the- AG~'tff. The AGENCY RSEVeS 1be tig11t to JEqUire comp1eIP.. c:-ertified copies; Df all reqtIimd iI1stmwl:e policies at anytia2. All iw.ULlWU! shall be ~blained from. m:insmance company anIhori.zed to do business iI11he Stale ofWasbingtoIL The CONSULTANi sblill snlImit II veIifiWim:L ofinsJImnce u OlIfi:iI1ed sbl3\1S wiihin faurteeIl (l4) day.s Df1he.e:xe.cution-of diisAGRBBMENTto theAGBNCY. 'No cuc-eUation of the :fu~~ingpolidB s:JWI be effec.tive widlout thirty (30)da.ys: prior natke to- the, AGBNCY. The CONSULTANT"S professilIE1S1l:fability to 1he AGENCY :s1mllbe limited to 1he amountpay.abae 'l.IIldl:!r this .AGREEMENT or OM miJlioJl ($1.000.(100) dollaIs.. 'wl1ichever is the ge~ uale!ls modifiedby' Exhl"bit"L "'. Innn case, man the CONSULTANT'S professionalliBlrilfty to 1I1ird pmos be:EiJJJited ill any way- page601'B T.heAGENCY willpayllOprogms;ps:ymentsuncIe:rSetlion V mmI d1e CONSULTANr IIss fuIIy,rompJied mth this !l!di.on. T.bi5remedyis not~; and d1e AGENCY and 1he STATE may take s1ICh other,llCtioIlliS is available to it 1IIld& cNI12r prmrisim:ls ofdJig AGltSEMBNT. Mmhmv.ise:in IliW. Xl:V ExIra Work A. 'Ihe, AGENCY m&y at-anytim.e, by writtIm mOO, make.d1mIges 'WiIhiIl.lhe ~sc.gpe of1he AGREEMENT in fue sewices to be p&farmed. B. If any !iU.tb dwJge C8II!!le5 aniaaease (II' decrease io.1he: estimated cost of. o.rtb.e 1ime: mquiIed mr.pm'cJ1Dl2Jlce of . anyput oftheWDik unifl!r 1haAGRBEMENT, whelher or not ~'by tbeOIder, or olherwise affedg my othI!c teIm!lsmi con.ditiDDs offt1e AGREEMENT,. the AGENCY shall make m equitBNe ~m:tmeDtmthe (l)msximum mIID1JEItpsyib1e; (2) delivery crcompIetioJlschedDle.l- orbDth;md(3') other Bffi!dedtmma.nd sball lOOllliY the. AGR~a~. C. The CONSULTANT must submit any "'request for eqmtlllbIe- aDjustment", hmla:ftH referred mas "CLAlM"', 1IIlliu dJh dmsa withiD.1irlrty (ID) days ftom the date of:rec.eipt of1he written omer. Howe\w. if the AGENCY deddes dJat1hefaasjIIStify i; the:AGBNCYmay:recenle md attupmlll ClAIM snbminm before :Ifual payment oftbe AGRHBMENT. D":FaiIure 10 agree 10 my adjustmel1l: shall be a disjlUite 1lIlder the D.isputes: ds,'lISe. However, noibmg in this dause sWill excuse1he OONSULTANTmnnpmceedmg withthe AGIUmMBNT liS rhlmgpil E. N01WiiI1stlmdiDgtle tmns and amili1io!lS ofparBgUlpbs (A' and 00 abDve.. ~ mmr:irmnn amDUDtpay,ab[e for !his AGREEMENT, :Sh2ll not be :increased ell' comiilered to be iIu::mased ~ept 'Ely specific written SlIppJement'h) d1is AGREEMENT. XV Endmsement of Plans IfappIicable. the CONSULTANT mn~tb.eirenJiDnemmtOD.allpI~estimates,..or all:Y.clfuer~dam ~dby1hem. XVJ Federal and State Review TbeFederal Highway ~ md dr.P; Washington Slate Depmm.ent.afTrsnspm:tmon:5hall haw fiLe ri;ghtt~ p8l1:icqWemlhe zemw CJ't'.exammaMn (If the: 'WDik mpmgress. XVII Certification of the Consultant and the .Agenc.y Attadted JwelD.sExbibit"'M-l(a anilo)'" am the: Cenificrtiom of1he CONSULTANr 81ldlhe AGENCY, Exhibit"M -'T' Ce:ttifiatian Eeg:mliag DebmIisDt, Snspen5fon and Othe; Rspa-nsibility MattEs - PrimM:y Covemi Trms:aoilms:, Exhibit"'M-J'" Certificatinn R.egmfiIJg die ~ of1f1e Usa ofi'eI!eral.1'unJis far Lobbying and Ed1ibit "M-4" Cenmcale tlfCm:mlt Cclstor PJicingData. Ex1n'btt'~-3"'is:requirBd nnlyiuAGREEMENTS mwSl00"QOOand Ellbibit"M-4'" is:reqniJ:ed cmIy inAG~~S ewer $500..000. XV~II Complete Agreement This documentamlmfemI.cM attatbm.eIIl5am.wnall~ stipnhtions." andprovisfoDls agreed:upDIlbythe parties. No. ~ or ~re !If e:iftI.er party has lt1l.lfro:rity ta:make. and ~ paEties.shall IIiOt be bmmd by ox be liable for. my statemeni;, ~promise or 3gmem.Emt Dot set forthhErein. No. cbang~ amandm....ts:, ox modifil:a1i.ons i1fthe tams Deaof sbaU be valid unless redUCM 1DwrltiB! and signed by 1f1e parties as. an lmJ-d:m.entto tmAGREEMENT. XIX Execution and Acceptance TbisAGREEMBNTmay be 5imultaneml5ly exmrted mseversl ~ each. ofwlIfch shall be deemed to bem orlgjl:1a1]mriug iI1eDJitaUegal efftct. 'I1e CONSDLTANT' does h&mby ratifY and adopt allstB.temeII.t9. ~tians. wmamLes. ~ mm.:agreemems cmrtRinPd in t1J.eproposal, m1dthe supporting :msterial:5Ubmitted by 102 CONSULTANT, and does hueby accept the AGREEMENT .and~!l lOaIi ofdte 11!mlSsmi cmuiliiom 1hemof. Page 7 ora ~n witness whereof, ihe parties hereto have exBCUted thlsAG-REEMENT as mUle d "Exec:ufion Dale" box on pagl! one (1) DfftlisAGREEMENT. By Vern Phillips, PE 8y yearsh(]wn in the Agency City of Tukwila ConS\lltant Harris & Associates, Inc. DOT ~14lH1SSEF RmszsI !/2DIlB Pageaafa "\ Construction Administration Services for International Blvd. Phase 1/ & "I Improvements The City ofTukwila, WA, January 2009 EXHIBIT A Construction Administration SerVices Scope of Work The project will include about 5000 feet of street improvements of International Blvd. in two phases from 5.132",1 to south of 5R 599 access ramps, new storm lines, extensive retaining walls, new asphalt pavement, curb & gutters and sidewalks. This scope of work assumes that the City will provide one construction manager (the City CM) to lead our team and that Harris will provide various site inspection, documentation, and scheduling support. Task 300 - Project Management 3.1. Project Management Plan Puraose: Provide the City and Harris with uniform procedures and standards for the administration of the construction contract. Approach: Using the Harris Construction Management Procedures Manual, develop a procedures manual that is tailored specifically for the project. Assumotions: 1. The final project manual will be bound in a three ring binder to facilitate future revisions. Deliverables: 1. Draft project manual for review by the City. 3.3 Harris Budget Projections Purpose: To provide the City with the Harris's anticipated billings in a format that is easily accessible, easy to understand, and provides the required cost information so the City ca~ better manage available resources. Assumptions: 1. Cost projections will monitor only the Harris' contract. Deliverables: 1. Harris will furnish budget projections as part of the monthly invoice. Task 400 - Construction Management and Inspection Services 4.1 Preconstruction Conference Puroose: 1 Construction AdminIstration Services for International Blvd. Phase II & III Improvements The City of Tukwila, WA. January 2009 Provide a draft of meeting agenda for The City's CM to prepare for all essential project participants to meet prior to the start of work. This meeting will outline the City's admInistration of the contracts, introduction of the attendees, and record all comments and questions submitted by the contractor. Provides an understanding of the procedures to bE! used on the project and what the contractor can expect from the City and its consultants. Approach: The City's CM will schedule, prepare agenda, chair and take minutes of the preconstruction meeting, inform contractor of project administration procedures and invite all affected regulatory agencies, utilities, and others to attend the meeting. Assumptions: 1. The City will provide the meeting venue. 2. The City will develop the attendee list. 3. Harris will assist the City CM in drafting agenda meeting. 4.2 Preconstruction Walk Purpose: To start the construction contract with an understanding between the contractor, Harris and the City as to the existing conditions of the project before construction begins. Approach: Before the Notice to Proceed is given to the contractor, Harris and the City will walk the project recording existing conditions. Project conditions are logged, videotaped, and still photographs are taken to record existing conditions. Copies are provided to the City. Harris will keep the originals in the project files until project completion. Assumotions: 1. Project walk will not take longer than one day with approximately the same amount of time to log, file and copy the information. Deliverables: 1. Project photographs and video of pre-construction and after construction conditions. 4.3 Communications and Correspondence Puroose: Provide effective written and or"!1 communications on behalf of the City to the contractor and other stakeholders in the administration of the contract. Approach: At the preconstruction conference, obtain all pertinent information from the attendees to . develop a project directory of all key personnel working on the projects. Develop a flow chart showing how correspondence is to be handled once it is received from the contractor or other stakeholders. Log all information received from contractor and others in Contract Manager Software and in separate project files for action and distribution. Prepare appropriate responses and obtain the City's approval when required. All original 2 Construction Administration Services for International Blvd. Phase II & III Improvements The City ofTukwila, WA, January 2009 correspondence remains with the project files. Only copies will be distributed, except for shop drawing submittals. Assumptions: 1. The City file index will be used for all correspondence received from the City, contractor and others. DeliverabJes: 1. Logs of information received from the City, the contractor or others relating to the project. 4.4 Schedule Monitoring Purpose: Hams will monitor baseline and progress schedules and changes to the schedule on an ongoing basis, generally during the monthly pay estimate processing cycle and at our weekly project meetings. Approach: Develop procedures, using available software, to review the contractor's schedule for logic, duration, and resource changes in the contractors monthly updates. Notify the contractor of changes and document its response for the record. Harris will keep the City appraised of construction schedule and changes found in the updates. Assumptions: 1. Contractor will submit baseline schedule per specifications. DeJiverables: 1. Harris to perform a monthly review and provide the City with a basic report by email. 4.5 Progress I Coordination Meetings Puroose: Attend coordination meetings conducted by the City CM with the contractor and other interested parties to discuss schedules, status of RFQs (Request For Quotes), status of submittals, issues log, old and new business concerning the project and any other business that is a concern of any party attending the meeting. To keep everyone informed as to the status of the project and discuss issues that may influence project completion. Approach: Attend weekly meetings conducted by the City CM with the contractor to discuss project schedule, current, and past issues that require action by someone other than the party raising the issue. The City requests the contractor and Harris submit agenda items for th-e weekly coordination meetings. Using the proposed agenda items and agenda items developed in house, the City prepares an agenda for the meeting and distributes the agenda to the parties that will attend the meeting. Harris distributes the previous meeting minutes and asks for concurrence of those attending the meeting or suggested corrections to the minutes. Minutes are filed as approved or amended. 3 Construction Administration Services for International Blvd. Phase 11 & IlIlmprovernenls The City of Tukwila, WA, January 2009 Additional coordination meetings may be scheduled as needed. The City CM will call meetings and request specific parties to attend. These attendees will be given 48 hours notice for additional meetings. Assumptions: 1. The City and contractor's staff will be able to meet on a regular basis with minimal absences. 2. Meeting room provided by the City will be able to seat a minimum of 10 people. 3. Meetings will not be more than once a week. . . 4. Designer may be asked to attend the meetings as a participant. 5. Harris will take notes of discussion items with the City CM approval. 6. Contractor is required to submit a look-ahead schedule (2 or 3 week) at each weekly meeting. Deliverables: 1. Weekly Agenda with status of open items from previous meetings. 2. Weekly meeting minutes with action items noted. 3.. Two .or three week look ahead schedule (prepared by the Contractor) 4. Submittal log, issues log, and RFI ~nd change order logs 4.6 Payment Recommendations PU/1Jose: . The City will verify the contractor's request for payment Approach: The City and contractor develop a procedure that is acceptable for monthly progress payments and the final payment. The City, with the assistant of Harris's Lead Inspector, reviews contractor's payment requests and verifies contractor pay quantities. After agreement of the payment request, the City prepares payment documentation. Assumptions: 1. Payments will be made to the contractor once each month. 2. The City will make payments in accordance with the contract stipulations and State Law. Deliverables: 1. Lead Inspector to assist the City CM 2. Schedule review input by Harris 4.7 Safety Purpose: Observe contractor's safety. Approach: Harris staff to observe contractor's work area. Contractor is to be informed if eminent life/safety unsafe work conditions and/or areas are obserVed. If life safety danger is observed immediate shutdown of contractor's work may be required, if conditions 4 Construction Administration Services for Intemational Blvd. Phase II & 1II1mprovements The City ofTukWila, WA, January 2009 endanger property and/or life and a call may be made to WISHA or L&I may need to be alerted as appropriate. Assumptions: 1. Contract documents require contractor to submit its safety program and safety officer prior to the start of work 2. Contract documents or contractor's safety program require contractor to submit accident reports. 3. Harris assumes no responsibility or liability for safety of contractor's work areas or personnel. 4. Harris assumes no responsibility or liability for implementation of contractor's safety program or its construction means and methods. O. The City's contractor is solely responsible for project safety. Deliverables 1. Accident report notes on lOR. 4.8 Environmental Coordination Purpose: Verify contractor has copies of applicable permits and that the work activities abide by the requirements of the permits granted by regulatory agencies. Aoproach: _ In coordination with the City CM, read and understand and enforce requirements stipulated in permits issued by regulatory agencies. Assumptions: 1. All permits will be provided to Harris team and the City. 2. All permits except NPDS permit will be included in the contract documents. Harris lead inspector will review the conditions of the permit and make sure it is being followed. - Deliverables: 1. Daily inspection reports including any pertinent Environmental issues or work will be prepared on site by Harris inspection staff. 2. Correspondence to affected parties 4.9 Submittal Management and Review Purpose: Provide an efficient means of processing submittals between the contractor and Designer. Provide a brief, initial review of the contractor's shop drawing submittals before forwarding it to Designer. Aporoach: Using Contract Manager and in coordination with the City CM, develop a submittal list for distribution to the City, Contractor and Designer. Track and submit submittal logs at each coordination meeting. Follow up on all submittals that are nearing the end of the review period. The following steps will be followed in reviewing the contractor's submittals: 5 Construction Administration Services for Intemational Blvd. Phase" & IIIlmprovemenls The City of TUkwila, WA, January 2009 1. Log submittals into Contract Manager all submittals by bid item and specification number. 2. Ensure the contractor has provided a complete submittal, it has been coordinClted with other trades and all deviations have been noted. Submittal is returned to the contractor if it is not complete. 3: The C'ity CM continues review for general compliance with the specification. 4. Submittal is forwarded to Designer for formal review and acceptance. 5. Harris will track the submittals to verify timely response. 6. Submittals are returned to Harris and the submittal status is logged into Contract Manager. 7. Approved submittals are returned to the contractor for use in work. 8. Harris to inform contractor if a resubmittal is required. Assumptions: 1. Harris will not be responsible for errors or omissions in any submittal lists; this is the responsibility of the construction contractor. 2. Harris will assist the City CM in reviewing contractor submittals, and not approving them. 3. Submittals requiring any public utility review will follow specified process per provisions. 4. Harris will assist the City CM to, review and to assure full compliance with LAG manual and correct usage of the RAM and ROM processes. Deliverables: 1. Monthly status logs of submittals. 2. Log of accepted submittals. 3. Log of submittals in review. 4. Log of submittals that are not approved and will require resubmission by the contractor. 5. Final log of submittals and status at end of construction. 4.10 Request for Information (RFI) Manag'ement Puroose: At times, a contractor is unable to locate information that it deems critical to its construction activity. Harris staffwill receive, log and track requests for information (RFI) submitted by the construction contractor. The efficient management of RFls permits the timely communication between the designer and the contractor. Approach: Harris will receive, log and assist the City CM to review all RFls for completeness and verify the question is reasonable and understandable. Harris team will assist the City CM to return the RFI if the question is unclear or, in the opinion of Harris staff, the answer is contained in the contract documents. Harris will note where the requested information can be found in the contract Documents. Harris will track RFls by creating weekly Jogs, using the Contract Manager software, to verify timely response from the designer. Assumptions: 1. None. 6 Construction Administration Services for International Blvd. Phase II & III Improvements The City ofTukwila, WA, Janual)' 2009 De/iverables: 1. Log of all RFls and their status. 2. Log of all RFls answers and their status. 4.11 Document Management Puroose: . Provide the City with an electronic means of tracking all documents exchanged between the parties involved in the construction of the project. Approach: Using Primavera Web-based Contract Manager and the City File Index, all documents will be logged in the project field office. Documents will be scanned into the document control system and attached to Contract Manager File index categories. All documents will be filed as a digital file and hardcopy; Assumptions: For the d~ration of contract, Harris will provide Contract Manager software for use. De/iverables: 1. Logs of all documents in the project files (digital and hardcopy). 2. All hardcopy proje9t documents exchanged on the project between the various parties. 3. Harris will transfer all project documents and data generated by Contract Manager software to the City computer system in native database format. The data will be fully accessible and manipulatable with the City's final version of the Contract Manager software. Harris will assist the City in acquisition and configuration of Contract Manager during the contract startup phase. 4.12 Construction Change Order Assistance Puroose: To assist the City CM with assurance the contractor is presenting legitimate requests for extra work that was not included in the original scope of the contract. To assist he City CM to assure the associated extra work costs and time extension requests are fair and reasonable to both the City and the contractor. Approach: 1. Assist the City CM to review requests of the contractor's request for changes due to cost increases and/or time impacts for m~rit. 2. Assist the City CM to prepare independent cost estimate and schedule analysis of work. 3. Assist the City CM to negotiate extra work cost and time extensions with the contractor. 4. Assist the City CM to prepare change orders for execution by the City. Assumptions: 1. Harris will not have authority to make minor changes to work. 2. The City CM will negotiate with the contractor on contract changes. Deliverables: 7 Construction Administration Services for Intemati.onal Blvd. Phase II & III Improvements The City ofTukwila, WA, January 2009 1. Assist the City CM to prepare independent cost estimates. 2. Independent schedule analysis. 3. Assist the City CM to prepare change orders ready for execution 4.13 Review Certified Payrolls Puroose: To verify the contractor provides certified payroll reports in confonnance with the provisions of the contract and applicable State Law. To verify the certified payroll reports contain information required by the Labor Code. Aooroach: Receive and review certified payrolls from the contractor and each of its subcontractors. Check for the Statements of Compliance. Spot-check wages of each classification of laborer or craftsperson. Notify contractor and City of all discrepancies and/or errors and request a corrected Certified Payroll. Assumot!ons: 1. Employee interviews, to verify payment of prevailing wages, will be conducted by Harris. 2. Harris is not responsible for enforcement of the Labor Code. 3. Harris will not be responsible for identifying every worker on site. Deliverables: 1. Hardcopies of the contractor's certified payrolls maintained in the project files. 2. A daily list of subcontractors working on the project as a part of lOR. 4.14 Inspection and Documentation Harris will provide inspectors to provide the scope of work defined as follows. Puroose: Provide the City with documentation of construction activitie~, duration, and work conditions using the City's fonn. Aooroach: Provide the City with knowledgeable people, familiar with construction activities to be perfonned on the project. Using Contract Manager, document the contractor's daily activities, labor force, equipment and items considered pertinent to the projects. The construction manager is to review daily reports and provide instruction to inspectors on ways to improve their daily reports. Provide documentation of labor, materials, and equipment each day in various sections of the project. Assumotions: 1. All inspections will be within the project limits. 2. Harris will provide two vehicles, two cell phones, two computers for the duration of the contract. Deliverables: 1. Daily inspection reports. 8 Construction Administration Services for International Blvd. Phase II & III Improvements The City ofTukwila. WA. January 2009 2. Miscellaneous reports deemed necessary by the construction. 4.15 Review and Maintain "As-Built" Schedule Puraose: To track contractor's progress during construction of the project. Approach: Using the daily inspection reports prepared by Harris inspectors. the contractor's schedule. site observations". and other sources of information, Harris will track and document the contractor's actual progress. The contractor's baseline critical p"ath and regularly updated schedules will be used as a basis fOr comparing planned versus actual progress. Assumptions: 1. Monitoring will be on a continuous basis of the contractor supplied "as-built" schedule which will be updated monthly. Deliverables: 1. An "as-built" schedule with one digital file, as per the City CM requirement. 4.16 Maintain Photographic and Video Records of Construction Progress Purpose: To provide the City with a photographic record of the project, before, during and after construction. Approach: Using still, digital camera record the conditions of the project before the contractor starts work and after the work is complete. Record the contractor's progress during construction. During construction, care will be taken to record all items and/or conditions that have or may have a bearing on claimed extra work. Assumptions: 1. Photographs and videos will remain at the City's project server at all times until the end of the project. Deliverables: 1. All photographic and video records. 4.17 Review and Maintain Record Drawings Puroose: To provide the City with an accurate set of record drawings for the project. Approach: 9 Construction AdmInIstration Services for International Blvd. Phase II & IIIlmprovemenls The City of Tukwila, WA, January 2009 Monitor contractor's required record drawings on a monthly basis. Review as-builts and . request changes from contractor for any changes. Assumotions: 1. Harris will assist Designer in answering questions regarding the record drawings. 2. Contract documents will require contractor to maintain redline as-built drawings. Deliverabfes: 1. One set of marked up contract drawings. 4.19 Final Inspection and Punch list Puroose: To identify elements of construction requiring correction prior to final acceptance by the City. Aooroach: _ Following substantial completion, perform a project inspection of the completed construction. During the inspection develop a list of contract work requiring correction or rework. The written list of deficient work (punch list) will be delivered to the City and the contractor within three working days of the final inspection. The final punch list will include items to be corrected tha.t were identified previously during the course of construction. Assumotions: 1. The City will identify any key City or other agency personnel to be included in the final inspection. 2. Harris will contact and schedule all required final inspection personnel 48 hour prior to the final inspection. 3. Harris will prepare the final punch list. Deliverables: Final punch list. . 4.21 Final Project Report Puroose: To assist the City with a final status report on the project to document remaining close out issues. Aooroach: 1. Assist the City CM to prepare a summary of outstanding claims not resolved when the Notice of Completion is filed. 2. Assist the City CM to prepare and discuss "Lessons learned" 3. Assist the City with all the WSDOT audits during and at the completion of the project. Deliverabfes: 1. Assist the City CM to provide one hard copy and one digital file. 10 . EXHIBIT B Intentionally Left Blank (No DBE Utiliiation) EXHIBIT C Exhibit C Electronic Exchange of Engineering and Other Data The format and standards of electronic documents to be provided by CONSULTANT during the course of Construction Management and Inspection services will include, but are not limited to, the following: . 1. Design Field Revisions and Independent Estimates A. Any Computer Aided Drafting files generated during the course of construction in support of field inspection services will be in AutoCAD 2008 version or older format. B. Cost Estimates and other analysis will be provided in MS Excel format. II. Construction Schedule Review Documents A. All analysis and reporting of the contractors project schedule by outside schedule support services will be performed using reporting tools native to Primavera P3 Version 4.1 (including Monte Carlo tools if necessary). If alternate tools are used City will be provided details of specific tools to allow independent analysis. B. Written reports may be generated in MS Word format or any common email version which can be converted to ASCII text. m. Electronic Data Exchange A. The City will provide the File Index structure, Change Order, Field Directive, Inspectors Daily Report and other common documentation forms for integration into the proj ect tracking system. B. The City uses Groupwise collaboration tools for email, contact information and calendar features. Any system used by CONSULTANT shall be compatible with this tool. . C. Primavera Contract Manager will be used to track project correspondence and other information relevant to the construction of the proj ect. The City will host this program on AGENCY computer systems and CONSULTANT will migrate any project data from their systems to the City's system once the program has been installed and configured and thenceforth use the City's system to administer the proj ect. N. Non-Digital Source Files A. Any standard format (8-1/2 x 11 or llxl7) document not available in native digital format will be scanned to PDF format and included in electronic documentation upon City request. Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and attached hereto and by this reference made part of this AGREEMENT_ period and shall be subject to negotiation for thc following twelve (12) month period upon request of the CONSULTANT or the ACENCY. If negotiations arc not conduettd for thc second o: subsequent twelve (12) iuonthperieds within ninety (00) days after completion of the previous 2_ nt N_ ..K. Y AGENCY shall be utilized The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. Not in Exhibit E Direct Non Salary Costs: Direct Non Salary Costs: will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, glinting, long distance telephone, supplies, computer charges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs chall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Costs." b. The billing for Direct Non Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 1O% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT Form 140 -089 EFExhdba 0-3 Revised 6/08 4. Maximum Total Amount Payable: The Maximum Total Am01.Ult Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the am01.mt shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E", including names and classifications of all employees, and billings for all direct non-salaIy expenses. To provide a means of verifying the billed salmy 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 perfonning work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the wOlk under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related. documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a. release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted ~ 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 appl'Opriateness of any item and at the time of:final audit, alll'equired adjustments will be made and reflected in a final payment. In the event that such:final audit reveals an ovelpayment to the CONSULTANT, the CONSULTANT will refund such oveq>ayment to the AGENCY within thirty (30) days- of notice of the overpayment. Such refund shall not constitute a waive1' by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY. STATE and the United States, for a period of three (3) years after l"CCeipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to 01' bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with. on'elated to this contract is initiated. before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, 01' audit involving the records is completed. Exhibit E -2 CITY OF TUKWILA INTERNATIONAL BLVD. Phase II III Improvements Consultant Fee. Determination Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Rate @154% @_25% Per Hour Sam Yaghmaie, PE Project Director 69.81 107.50 17.45 194.77 Matt Lumsden: Lead Inspector 43.25 66.60 10.81 $120.67 Chan Saenphimmachak Office Eng. 28.84 44.41 7.21 80.46 Peigi barkely Administration Oversight 36.25 55.82 9.06 $101.14 Steve Flinn: Structural Inspector 43.5 66.99 10.88 121.37 Becky Pitts: Scheduler 42.00 64.68 10.50 117.18 Jan 1 Febl Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan 1 Feb 1 Mari Apr May Jun Jul Aug Sep. Oct Nov Dec 16 16 176 176 8 8 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 8 40 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176'176 176 88 8 88 176 176 176 176 176 176 176 176 176 176 176 176. 176 176 176 176 176 176 176 176 176 44 8 24 44 44 44 44 44 44 44 44 24 24. 24 24 44 44 44 44 44 44 44 22 8 40 88 88 88 88 88 88 44 44 44 44 88 88 88. 88 55 32 64 64. 64 35. 35 35 35 35 35 35 64 64 49 35 35 35 35 35 88 88 32 8 44 44 44 16 16 16 32 16 16 32 16 16 16 32 16 16 16 32 32 44 44 Harris 8, Associates Construction Management Services for International Blvd. Phase 1I III City of Tukwila, Negotiated Breakdown of Costs Jan 12 -09 Project Schedule Assumed Consfuction Schedule Estimated Fees Totals 2009 hrly rate Protect Director (Sam Yaghmaie j $194.77 L ead Inspector (Matt Lumsden) Off.Enq Saenohimmachak Off. Eno. OT (Chan Structural Inspector (Steve Flinn) Pe( Barkelv (Admin. Oversight Scheduler $120.67 $80.46 $121.37 5101.14 $117.18 Notes: 1. Rates shown are for Year 2009 with a 5% COL increase for 2010. 2. Anticipated overtime (15 x direct salary) is as shown. EXHIBIT E -2 2009 2010 11 Jan Mort AQr May Jun Jul Aug Sep Oct Novi Dec Jan 1 Feb' Mar Apr May Jun Jul Aug 1 Sep 061 Nov Dec Direct Overhead Fee rate 1.540 0.25 PD 69.81 $107.51 $17.45 LEAD INSP $43.25 $66.61 $10.81 OFF. ENG, $28.84 $44.41 $7.21 OFFICE ENG OT $43.26 $66.62 $10.82 ADMIN. OS $36.25 $55.83 $9.06 SCHEDULER $42.00 $64.68 $10.50 STRUCT INSP $43.50 $66,99 810.88 I I 2009 1 2010 1 Totals 2009 1 2010 Hours I Hours I Hours) Costs 1 Costs 176 1976 2024 424 664 533 300 3. Project duration Is 21 months construction with 2 week phase in and 2 week phase out 4. Lead inspector and office engineer time is assumed to be 22 months. Structural inspector to be 1/2 time for equivalent of 12 months. 5. Administration assistant (to include LAG compliance internal audit) and schedule support to evaluate cntractor's provided protect schedules are included as estimated. 6. Office engineer time includes primary documentation responsibility and inspection as needed. 7. Direct cost for office, furnishings, utilities, copier, fax, scanner, phone, and data lines are provided by the City. 8. Direct costs for Contract Manager software (hosted by COT), two vehicles, two cell phones, and two field computers, are Included In Harris OH rates. 168 344 34.279.50 1856 38321 238.438.98 1811 38351 162,858.33 378 802 51,174.85 495 1159 80.586.36 496 1029 53,906.29 264 564 35.154.00 11565 34.357.41 235,156.82 152,997.95 47.904.00 63.079.46 52.672.41 482.30 2009 $194.77 8120.67 $80.46 $120.70 $101.14 $117.18 $121.37 Totals 68.637 473.596 315,856 99,079 143,666 106,579 67,636 1,275,048 Contingency Total Harris Expenses 1,275,049 2010 $204.51 $126.70 $64.49 $126,73 $106.19 $123.04 $127.43 EXHIBIT G Intentionally Left Blank (No Subconsultants) Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 2-1, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), whicb are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultant~, including procurement of materials and leases of equipment The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULA TrONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGUlATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Infonnation and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall pennit access to its books, records, accounts, other sources of information., and its facilities as may be detennined by AGENCY, STA'IE or the Federal IDghway Administration (FflW A) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STA 1E or the FHW A as appropriate, and shall set faIth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANTS non-compliance with the non-discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STA 1E or the FHW A may determine to be appropriate, including, but not limited to: . Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; . Cancellation, termination, or suspension of the AGREEMENT, in whole orin part DOT Form 14a.tlS9 EF Exhlbtt H Rllvlslld 6105 6. Incorporation of Provjsions~ The CONSULTANT shall include the provisions of pamgraphs (1) through (5) in every sUD-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any SUD-consultant or procurement as the AGENCY. STATE or FHW A may direct as a means of enforcing such provisions including sanctions'for non--compliance. Provided. however, that in tbe event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project In addition, the CONSULTANT shall be paid for any authorized extra work completed. Speciffc Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours cbarged at the time of termination of this AGREEMENT plus any direct nonsa13.1)' costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONsm..TANT for actual units of work completed at the time of termination of this AGREEMENT. DOT F"orm 140-089 EF" Eilhlb1l1 Revlsgd 8105 EXHIBIT J intentionally Left Blank The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claims) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claims) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following; Summation of hours by classification for each firm that is included in the claim; Any correspondence that directed the consultant to perform the additional work; Timeframe of the additional work that was outside of the project scope; Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim After the requesthas been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140499 EF Exhibtt K Revised 6/05 Exhibit K Consultant Claim Procedures Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 - Preparation of Support Documentation Regarding Consultant's Clain1(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summaty for the Director of Public Worb or Agency Engineer that included the following: . Copy of information supplied by the consultant regarding the claim; . Agencts summation of hours by classification for each finn thatshould be included in the claim; . A.rPj correspondence that directed the consultant to ~rfonn the additional wor~ . Agency's summa:ty of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; . Explanation regarding those areas in which the Agency does/does 110t agree with the consultant's claim(s); - . Explanation to describe what has been instituted to preclude future consultant claim(s); and . Recommendations to resolve the claim. Step 4":' Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic W arks or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHW A regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 - Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted clahn(s) and rationale utilized for the decision. Step 6 - Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the c-Onsultant that the final payment for the agreement is subject to audit. Exhibit L (To Be Used Only If Insurance Requirements Are Increased) The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ NtA The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ 2 million per claim with an aggregate of $4 million. Such insurance coverage shall be evidenced by one of the following methods: · Certificate of Insurarrce. . Self~insurance through an irrevocable Letter of Credit from Ii qualified financial institution. Self-insurance through documentntion of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of tbe latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHW A) for approval to increase the minimum insurance limit IfFHW A approval is obtained. the AGENCY may. at its own cost, reimburse the CONSULTANT for the additional professiona1liabiIity insurance reqnired. Notes: Cost of added insurance requirements: $ Nt A · Include all costs, fee increase, premiums. . This cost shall not be billed against an FHW A funded project · For final contracts, include tbis exhibit. DOT Fonn 140-0&9 EF ExhIbit L RIlVIsIld ElIOS Exhibit M-1 (a) Certification Of Consultant Project No. Local Agency 074-4038 I hereby certify that I am Vern Phillips, PE representative of the finn of Harris & Associates, Inc. 1800 112th Ave NE, #21 OW, Bellevue, WA 98004 firm I here represent has: and duly authorized whose address is and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent ree, or other consideration, any :firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract. to employ or retain the 5eIVices of any firlIi or person in connection with canying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organiZation or person (other than a bona fide employee worlcing solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of TransportatioIland the Federal Highway Administtation, U.S. Department of Tmnsportation in connection with this AGREEMENT involving participation of Federal-aid highwa cis, and is .. subjectto applicable State and Federal laws, both criminal and civ' '/18/a9 , DaCe I DOT Form 14lHl89 EF Exhibit M-l eEl) Revised 6105 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am tbeAGENCY Official of the Local Agency of City of Tukwila Washington, and that the consulting frrm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any f1fill 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 118 hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Fonn 14().(l89 EF ExhIbit M-1(b} RevIsed 6105 Exhibit M-2 CertIfication Regarding Debarment, Suspension, and Other Responsibility .Matters-Prlmary Covered Transactions I The prospective primary participant certifies to the best of its Imowledge and belief, that it and its principals: A. Are not presently debarred, suspended, .proposed for deballDCnt, 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 bad 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, forgeI)', bribery, falsification or destruction of n:coms, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)(B). of this celtification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, stale, or local) terminated for cause or default IT. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach Un explanation to this proposal. Consultant (Firm): Harris & Associates clal of Consultant It!.f 7 DOT Form 140-089 EF ExhIbit M-2 Revised 6/05 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal. to the best of his or her knowledge and belief, that: . 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any &deral 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-LIL, "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 lUltde or entered into. Submission oftbis certification is a prerequisite for making orentering 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 nIl lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. / /13 /CJ7 I (Oafs) I Consultant (Firm): Harris & Associates DOT Form 14G-0B9 EF Exh1blt M-s Ravlslldel05 exhibit M-4 Certificate of Current Cost or Pricing Data . This is to certify that. to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation . (FAR) and required under FAR subsection 15.40~) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officers representative in support of Negotiated breakdown of costs * are accurate, complete, and current as of January.13, 2009 'i'*. 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 propOSID. Firm Harris & Associates, Inc. Name Vern Phillips, PE Title Northwest Regional Manager Date of Executlon*** TIB Phase 2/3 Roadway Improvements I /1 '3 ~1' . I * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate.identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing. which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Fonn 140-000 EF Exhibit M-4 Revised 6105 Supplemental Signature Page for Standard Consultant Agreement Consultantl AddressIT elephone Harris & Associates, Inc. 1800 112th Avenue NE, #21 OW Bellevue, WA 98004 425.453.0999 phone Agreement Number 95-RW03 (Harris 074-4038) Federal Aid Number Phase 2: STPF-STPUL-0099(077) Phase 3: HLP-STPUL-0099(103) Project Title And Work Description Tukwila International Boulevard Phase II & III Improvements . "Construction Administration & Inspection Services" Local Agency THIS AGREEMENT, made and entered into this day of between the. Local Agency of City of Tukwila , ~ash[ngton, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT'. In witness whereof, the parties hereto have eouted this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY . By Vern Phillips, PE Consultant Harris & Associates, Inc Agency City of Tukwila By By Consultant . Agency By Agency By Agency DOT Fonn 14CJ.0B9 EF Appendix 31.910 Revised 6105 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee . FROM: Public Works Director~ DATE: January 14, 2009 SUBJECT: Tukwila International Blvd Phase II & III (S 116th St to S 139th St) Project Nos. 95-RW03 & 95-RW04 Construction Management (CM) Services with KPG ISSUE Approve Contract Supplement # 7 with KPG, Inc. for the Tukwila International Blvd Phase II & III Street Improvement Project construction management and material testing services. BACKGROUND The City contracted with KPG, Inc. to design Tukwila International Blvd Phase II & III Project from S 116lh St to S 139lh St. The construction contract was awarded to Gary Merlino Construction on December 15, 2008. The City wishes to retain KPG during the construction phase to provide engineering support as necessary for issues related to design and other technical support services. ANAL YSIS The Supplemental Agreement for KPG includes civil, electrical, surveying, utility coordination technical support, structural and wall construction engineering, geotechnical support and materials testing services. These services will augment the construction field team composed primarily of Harris & Associates and City personnel. The negotiated fee of $385,000.00 is reasonable for this project. See adjacent Harris memo for budget information. RECOMMENDATION The Council is being asked to approve Supplement #7 with KPG, Inc. to provide construction management support for Tukwila International Blvd Phase II & III Project in the amount of $385,000.00 and consider this item at the January 26, 2009 Committee of the Whole meeting and subsequent February 2, 2009 Regular Meeting. Attachment: Consultant Contract including Scope of Work and Fee P:\PROJECTSIA- RW & RS Projecls\95RW03 T1B2\1nfo Memo KPG Sup #7 01-14-09 MERdoc ~ ~ Washington State Department of Transportation Supplemental Agreement Number 7 Organization and Address KPG, Inc. P.S. KPG, Inc. P.S. 753 9th Avenue North Seattle, W A 98109 Phone: 206.286.1640 Execution Date Completion Date 11/18/2002 12/31/2010 New Maximum Amount Payable $ 2~127,637.00 Original Agreement Number LA-5329 Project Number STPF - 0099(007) & HLP-STPUL-0099(1 03) Project Title Tukwila International Boulevard Phase 2 / 3 Description of Work South 139th Street to South 116th Street Construction Engineering and Materials Testing ServicesServices The Local Agency of City of Tukwila desires to supplement the agreement entered into with KPG, Inc. P.S. and executed on 11/18/2002 and identified as Agreement No. LA-5329 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: The Scope of Work and estimated level of effort f01' this project iF; detailed in Exhihi1- 'R-7' attached hereto, and h)' this reference made a part oft111s l'Iereement II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to Change the number of calendar days for completion of the work to read: Time for comple1ion F;hall he Decemher j 1,2010 II! Section V, PAYMENT, shall be amended as follows: Additional sel'vlce.<: for thiF; ~mpplement No 7 ::Ire e~timHted at $3R5,OOO h::l~ed 011 the level of effoltinJikated on the attl'lched Exhihit 'D~T If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Nelson Davis, KPG \~ ~ 1 ( ~ )/~ . ~ Consultant Signature By: City ofTllkwila Approving Authority Signature DOT Form 140-063 EF Revised 9/2005 Date Exhibit E-7 City of TukwiIa Tukwilll International Boulevard, Phases 2 & 3 SOllth 139111 Street to South 116111 Street - Scope of Work- Supplemental Agreement No.7 Construction Engineering and Support KPG, Tuc January 9, 2009 A. BACKGROUND The scope of work is provided to include additional support throughout the construction phase of the Tukwila lntemational Boulevard Project. This work includes preconstruction support, construction phase services, material testing services, on-call construction surveying, franchise utility assistance, and preparation of record drawings as described herein. B. SCOPE OF WORK TASK 1 - MANAGEMJ<:NT I COOlWINA TION I ADMINISTRATION 1.1 The Consultant shall provide continuous project management for the project duration (estimate 20 months). 1.2 The Consultant shall prepare monthly progress repOlts identifYing work completed in the previous month, work in progress, upcoming work elements, and repOlting of any delays, problems, or additional infonnation needs. These repOlts shall be submitted with the Consultant invoices. ).3 The Consultant shall provide continuous management and administration of all subcontractors included in this scope of work. Task 1 Deliverables: Monthly progress reports (20 months) TASK 2 - CONSTRUCfION PHASE SERVICES 2.1 The Consultant shall provide on-call support, which may include, attending preconstruction meeting, weekly progress meetings, review shop drawings, accuracy checks of consh'uction surveying and staking, interpretation of plans and specifications, and construction change order assistance on an as-needed basis. Specific tasks are anticipated to include: · Preconstruction Services: Assistance with utility coordination, coordination with City field and administrative staff, attendance at preconstl'uction meeting and other support as requested by the City in preparation for construction. · Construction Meetings: Attend weekly construction meetings or other project meetings at the construction site to review, in conjunction with the City, the Contractor's progress and construction schedule. Weekly attendance is not anticipated for the project duration; however, the project design engineer and other engineers will attend as requested. Provide feedback and follow up as appropriate. Budget allowances for meeting attendance is shown on the attached hour estimate. · Submittals: Review and comment on the Contractor's submittals, including shop drawings. · Interpretation of Plans and Specifications: Provide technical assistance to clarifY and interpret the contract documents at the request of the City. Assist the City in answering Contractor questions. Page I of2 Respond to requests for information (RFls), prepare requests for quotation (RFQs), and prepare construction field directives (CFDs). · Change Order Assistance: In the event that the provisions of the Contract Documents need to be revised, prepare the necessary revisions to the drawings and specifications. · Subconsultant Construction Support: Project Subconsultants for geotechnical (Landau Associates), Structural Engineering (KPFF) and material testing services (Krazan and Associates) will be retained for construction support on all as requested basis. Day to day coordination with the material testing service will be the responsibility of the City. The provisions of Exhibit C-2 (Payment - Cost plus Fixed Fee) shall not apply to materials testing. Material testing rates shall be in accordance with the fee schedule attached as Exhibit G-7. Budget allowances for each Subconsultant are shown on the attached reimbursable breakdown. · Assist with preparation and attendance at special events, such as public meeting, groundbreaking, ribbon cuttings, council updates, and other events as requested. Task.2 Deliverables: Documentation as requested in support of on-call construction support TASK.3 - UTILITY COORDINATION ALLOWANCES 3.1 The Consultant will provide assistance to facilitate franchise utility relocations and adjustments as requested by the City. These services may include design modifications that may be required to facilitate 1i'anchise utility work. The purpose of this task is to provide a budget allowance and tracking mechanism for possible reimbursement to the City by the fi'anchise utilities. Work for each utility will be tracked separately on monthly invoices. The City will be responsible for obtaining reimbursement on these charges when applicable. TASK.4 - CONSTRUCTION SURVEYING AND STAKING 4.1 The Consultant will provide construction surveying and staking on an as requested basis. Primary survey will be provided by the Contractor; however, the City may request verification survey and staking or assistance with as-built survey. We have included an allowance of 80 hours of survey crew time with necessary office SUPPOlt. TASK 5 - RECOHD DHA WINGS 5.1 The Consultant will provide record drawings within 60 days of receipt of information provided by the construction contractor and the City ofTukwila. Task.S Deliverables: · Record Drawing Mylars (full size) · Halfsize copy of draft !I ).r"ull-size and half-size copies of final record druwings · Electronic files . C. FUTURE SUPPLEMENTAL AGREEMENT The City of Tukwila may require other services of the Consultant these services could include other work tasks not included in the scope of work. These services may include, but are not necessarily limited to, additional construction support, engineering or independent peer review of contractor, City, or utility proposed plan changes, assistance with property issues, or other services deemed necessary by the City. At the time these services are required, the Consultant shall provide the City with a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Tukwila International Boulevard, Phase 2 & 3 Supplement No.7 Page 2 of2 January 9, 2009 FEE SUMMARY EXHIBIT D -7 Project: City of Tukwila Tukwila International Boulevard, Phase 2 3 Supplement No. 7 Construction Engineering and Support January 9, 2009 o Architecture 4 Landscape Architecture Civil Engineering Task Construction Services Total fee Task 1 Management Coordination Administration 17,642.43 Task 2 Construction Phase Services 272,440.42 Task 3 Utility Coordination Allowances 31,313.43 Task 4 Construction Surveying and Staking 16,823.76 Task 5 Record Drawings 46,657.29 Subtotal: 384,877.34 Exhibit D-7 Hour and Fee Estimate Project: Tukwila international Boulevard Phase 2 and 3 Supplement No 7 - Construction Engineering and Support Project HOUR AND FEE ESTIMATE yard, Phase 2 3 City of Tukwila Direct Support 1 sneering an Labor Hour Es I A Tukwila International Eng Supplement 7 Fnain Direct Salary Costs'1 Overhead Rate'; Fixed Fee'; EXHIBIT D -7 u poi ornate *Survey drain Fee Crew ("Technician 64.26 °Project *Project I. eer naineer 139.2 j 85.684,,,,,,.,... —*project ct T 99.9 19,615 123.58 178.5 8 6,463 125 16 g728 A 40 ....w..,�..8, X0.00 Q .........._._....I 46,65 o 189 3$ 4,877.3 4 290 62.50 Descriptio 40 Cask 1.. Record Dra�nrine s heets....._......_...._ 1 24 Task 5 Drawirrgs_t2p..._ 4 _,'i...•.........$._ Draft Record Prepare prawin9.,_.__. final Record d p, ,..1 ee, bre akd o w n for 36 cios details 602 Arc hivi rases 280 238 e�mbursable exPe Task Tota Totals: 34.99\$ 160.6 2 80 48.77 r$ prchitec hitccv.*r Civil dscap Total Fee 449 i 30.00 22.5 1 i REIMBURSABLE BREAKDOWN EXHIBIT D Project: City of Tukwila Tukwila International Boulevard, Phase 2 3 Supplement No. 7 Construction Engineering and Support Reimbursable Breakdown IC JP' C4- Architecture Landscape Architecture Civil Engineering Task 1 Management 1 Coordination Administration mileNe Reproduction Taski Total 50.00 Task 2- Construction Phase Services 50.00 Mileage 2,000.00 Reproduction 500.00 Allowance Landau Associates 10,000.00 Allowance KPFF 26,800.00 Allowance Testing Services 95,000.00 Task 3 Utility Coordination Allowances Task 2 Total 134,300.00 Mileage 250,00 Reproduction Task 3 Total 250.00 Task 4 Construction Surveying and Staking 500.00 Mileage 200.00 Reproduction Task 4 Total Task 5 -Record Drawings 200.00 Misc. Archiving and closeout 250.00 Repro Half size bond x 1000 x .5 ReprO Full size bond x 200 x 2 400,00 500.00 Repro Full size rnylar x 200 x 12 2,400.00 KPFF Structural Record Drawings Task 5 Total 8,300.00 January 9, 2009 Cost 11,850.00 Total Reimbursable Costs: 146,900.00 EXHIBIT G-7 SCOPE OF SERVICES CONSULTING GEOTECHNICAL ENGINEERING SERVICES TUKWILA INTERNATIONAL BOULEVARD IMPROVEMENT PROJECT CITY OF TUKWILA This scope of services covers consulting geotechnical engineering services during construction of improvements to Tukwila International Boulevard in TukwiIa, Washington. TASK 1- PROJECT MANAGEMENT AND COORDINATION Objective: To manage, administer and provide ongoing coordination for the project. This task includes technical and financial management, and liaison with KPG and City of Tukwila (CITY) staff. Approach: 1. Prepare monthly progress repOlts for submittal with progress payment invoices with backup as required. Progress reports will identifY progress status, and major activities completed during the invoicing period, and out of scope of services. Client Responsibilities: I. Timely review of deliverables and decisions on issues critical to scheduled progress. 2. Identification and involvement of Client Staff. Deliverables: I . Monthly Progress Report. 2. Monthly Invoice. TASK 2 - SITE VISITS AND GEOTECHNICAL CONSULTING DURING CONSTRUCTION Objective: Provide geotechnical assistance to KPG and the CITY during construction of the project. Approach: 1. Periodic site visits as requested by KPG and/or the CITY to observe geotechnical-related construction aspects of the project. We have budgeted for up to eight (8) site visits. 2. Review the geotechnical aspects of CONTRACTOR submittals. 3. Provide consuiting on geotechnical-related construction issues. DeIiverables: I. Construction field reports summarizing observations and recommendations (if any). 2. Briefmemorandums summarizing review comments on CONTRACTOR submittals. 1113109 C:\Doeunlonls and SeningslNelson\lo..l ScllingslTemponuy Imemol File.;IOLKS4ITlD eonSI Stope_rev.doc LANC EXHIBIT G -7 Page 1 of 1 Landau Associates Tukwila International Blvd Construction Support Costs Edward Brian Jackey Slakey (Overhea Total Scope Items Profit 25% Labor Heavey y tts Sr Projec Direct d ofit 25° Principal Project Coordinator Totals 18 14 41 36 $1,481 1 $3,206 (Site Visits (8) I 4 32 rn•: a<, s. aaxa);; 41 401 $1,318 $2,85 $330 $4,502 �Consulfing /Submittal Review $370 $5,057 I 22 46 81 76 $2,799 I $6,061 I $700 $9,560 Rate by Position Direct Labor Cost I 1 $52.84 $32.07 $20.20 1 I 1 1 $1,162 $1,475 $1621 $2,799 1 Indirect Costs (Overhead [a7 216.51 $2,517 $3,194 $350 $6,061 Profit 25% DL $369 $40 I Total Labor Cost 1 $3,970 $5,038 $552 1 $9 $700 ,560 1 Reproduction I 1 200 1 Travel (Vehicle Mileage) I 200 I Total Direct Costs 1 i 400 1 1/13/2009 C:IDocuments and Settings\Nelsonilocal Settings\Temporary Internet Files\OLK841TIB const support cost rev.xls Landau Associates EXHIBIT G-7 Landau Associates, Inc. Overhead Schedule Fiscal Year Ended June 30, 2007 . . %of Income Landau WSDOT Accepted Direct Description Statement Adj. Adj. Ref. Amount Labor . Direct Labor $2,740,431 ($7,846) A $2,732,585 Fringe Overhead Labor $1,875,092 ($4,151) A $1,870,941 68.47% Vacation/Sick Leave/Holidays . 585,443 585,443 21.42% PaYl'oll Taxes 467,324 467,324 17.10% Medical Insmances 375,196 375,196 13.73% Bonus/Severance iJ.24,613 (4,650) B 419,963 15.37% Profit SharinglESOP 250,525 250,525 9.17% Total Flinge $3,978,193 ($8,801) $3,969,392 145.26% General Overhead Field/Laboratory $84,~85 ($84,485) C $0 0.00% Temporary Help 34,024 . 34,024 1.25% Health & Safety 11,479 11,479 0.42% Mileage &, Vehicle 69,433 (65,969) D 3,464 0.13% Travel & Lodging 50,859 (7,292) E 43,567 1.59% Office SupplieslEquipment 136,333 (23,177) F H3,156 4.14% Computer. Supplies/Maintenance 41,816 41,816' 1.53% Postage 17,272 17,272 0.63% Telecommunications 78,969 78,969 2.89% Tax & License 197,239 197,239 7.22% Professional License & Dues 39,928 (2,672) 0 37,256 1.36% Building Expense 571,159 571,159 20.90% Insurance 103,041 103,041 3.77% Depreciation 208,470 (69,109) G 139,361 5.10% Imputed Cost" of Money 27,510 3,526 P 31,036 1.14% Technical Refel'ences' 9,018 9,018 0.33% Recruiting 14,387 ' (2,707) H 11,680 0.43% Education Cost 100,077 1 nf) 077 -3.66% ........ ...,,,. . Personnel Relations . 46,058 (10,246) I 35,812 1.31 % Professional Services 206,666 (1,921) J 204,745 7.49% Marketing Expenses 186,982 (24,258) K 162,724 5.95% Service Charges & Interest 39,815 (39,815) L 0 0.00% Donatiops 13,284 (13,284) M 0 0.00% Miscellaneous Expense 7,214 (7,214) N 0 0.00% Total General Overhead $2,295,518 ($349,477) $854 $1,946,895 71.25% Overhead ' $6,273,711 ($358,278) $854 $5,916,287 216.51% Overhead Rate 228.93% 216.51% Page 2 EXHIBIT G-7 Landau Associates, Inc. Overhead Schedule Fiscal Year Ended June 30, 2007 Description Income Statement Landau Adj. WSDOT Adj. Ref. Accepted Amount %of- Direct Labor Landau Associates - J!.eviewed & Accepted - 10/18/07 CG Financial Statements compiled hy Finney, Neill & Company, P.S. Landau Associates References A. Direct and indirect labor overtime premiums unallowable per 48 CFR 22.103-2. B. Signing bonuses and moving bonuses in excess of $1,000 per person lUlallowable per 48 CFR 31.205-35 and 48 CFR 31.201-4. Bonuses in excess of 15% of allowable overhead also excluded per WSDOT policy. C. Field supplies inventory, eventually charged to projects, related to job chargeable activity. D . Vehicle gas, repairs & maintenance - most related to rental revenue. E. Local meals, employee business meals Unallowable per 48 CFR 31.205-14 and WSDOT Accounting Manual, M13-82, Chapter 10 Travel. F. Estimated cost of direct photocopies - related to job chargeable activi-ty. G. Depreciation on lab & field equipment, field vehicles & CAD equipment -related to job chargeable activity. H. Local meals - recruiting unallowable per 48 CFR 31.205-14 and WSDOT AccolUlting Manual, M13-82, Chapter 10 TraveL - 1. Mariner tickets; liquor; Christmas party expenses in excess of $25 per employee unallowable per 48 CFR 31.205-14. J. Federal income tax preparation fees over $250 unallowable per 48 CPR 31.205-41(b )(1), 48 CFR 201-6( d), and WSDOT policy. . K.. Advertising; client entertainment, campaign contn1mtions; and other costs lUlallowable per 48 CFR 31.205-1 (d), 48 CFR31.205-8, 48 CFR31.20S-14, and 48 CFR31.205-38. . L. Service charges and interest lUlallowable per 48 CFR 31.205-20. M. Donations unallowable per 48 CFR 31.205-8. N. Miscellaneous undocmnented costs removed. WSDOT References O. Lobbying unallowable per 48 CFR 31.205-22. P. Imputed cost of money calculation used the wrong rate for July tIrrough Decemb ei' 2006. Page 3 Sec No 1.0 Management, Admin. Meetings 1 5.0 Construction Support Services Site Visits /Meetings (assume 5) Submittal Review: 7.0 Reimbursables Courier and FedEx Scope Of Work EXHIBIT G -7 ENGINEERING COST ESTIMATE: Tukwila International Blvd Walls Structural Engineering Construction Support Services 1 1 1 1 Proiect Management 1 1 1 8 1 1 'Precon Meetings Assume 1 meeting) 1 4 1 1 I 1 1 1 Subtotals :l buuioiais CATEGORY HOURS Sheet 1 COSTS Proj. Sen. Pro. CADD/ 2.580 Princ. Manag. Engr. Tech. Admin. Multiplier $64 1 $55 $35 1 $32 $16 l Reimb I Fee 18 Steel Pile Shop Dwgs /Lists 4 Tieback 1 1 Shotcrete 1 1 Reber Shop Drawings 1 4 "Testing Reports 1 2 Miscellaneous Submittals .4 RFI`s 40 As- builts 1 8 1 Subtotals: TOTALS! 1 94 12 24 4 4 .40 8 8 File: KPFF Tukwila Wall CSS Fee Rev.xls Date: 1/12/2009 80 i 40 1 40 40 220 40 0 $0 $1,300 $568 $0 :$1,868 $0 $3,638 $0 $2,735 $503 $503 $4,180 $1,006 $1,290 .$0 $12,900 $8,050 so :_$34;804.::; I $100 $100 Note: 2.58 multiplier is determined as follows: 1.0 Base Rate 1.329 Overhead 0.25'Profit Page 1 of 1 :cluding DCAA audit items Total with FAR FY200718 adjustments RECT LABOR PERSONNEL $38,985,142 $38,985,142 RINCIPALS $3,744,812 $3,744,812 DPS- CHARGEABLE $76,277 $76,277 TOTAL $42,806,231 $42,23Ub,2:i`t \I3OR RELATED OVERHEAD SICK LEAVE, PERSONNEL $1,320,316 $1,320,316 SICK LEAVE, PRINCIPALS $130,480 $130,480 VACATION, PERSONNEL $2,236,648 $2,236,648 VACATION, PRINCIPALS $441,104 $441,104 IOLIDAY, PERSONNEL $1,598,414 $1,598,414 IOLIDAY, PRINCIPALS $207,411 $207,411 'AYR•OLL TAXES $4,764,351 $4,764,351 EMPLOYEE MED INSURANCE $4,071,630 $4,071,630 TOTAL $14,770,354 $14,770,354 LABOR RELATED MULT 34.51% 34.51% ENERAL OVERHEAD JVERHEAD WAGES, PERSONNEL $13,892,252 $13,892,252 OVERHEAD WAGES, PRINCIPALS $12,079,652 ($1,708,657) $10,370,995 DPS -NON CHARGEABLE $721,980 $721,980 3LUEPRII'9TING AND DUPLICATING $312,995 ($98,599) $214,396 RENT $6,754,181 $6,754,181 REPAIR MAINTENANCE $2+12,054 $212,054 3ITY STATE BUSINESS TAX $941,372 $941,372 DEPRECIATION $1,016,782 $1,016,782 OTHER TAXES LICENSES $170,468 $170,468 NSURANCE, OTHER THAN LIFE $597,720 $597,720 DFFICE SUPS, POSTAGE, DEL. $1,445,014 $1,445,014 TELEPHONE $459,065 $459,065 'ROE DUES, FEES, BKS, CONES $621,194 $621,194 DAR $818,405 $818,405 TRAVEL $767,500 $767,500 _EGAL $413,145 $413,145 ACCOUNTING $184,871 $184,871 EMPLOYEE MORALE Meals $780,755 ($351,340) $429,415 MOVING $43,451 $43,451 SCHOOL $69,958 $69,958 PERSONNEL PROCUREMENT $312,289 $312,289 MISC JOB FIXES $82,198 ($82,198) ($0) BAD DEBT $0 $0 $0 CONTRIB. $186,153 ($186,153) ($0) COMPUTER $1,643,436 $1,643,436 Cost of money TOTAL $44,526,888 ($2,426,947) $42,099,941 ENERAL OVERHEAD MULTIPLE 104.02% 98.35% VERHEAD MULTIPLE 1.385 1.329 EXHIBIT G -7 EXHIBIT G -7 KA Proposal No. T08011 Tukwila International Blvd, Phases 2 3 Improvements Revised: January 6, 2009 Page No. 2 PROJECT NOTES Scope and pricing is based on correspondence and conversations with Mr. Ronda during the months of September 2008 through January 2009, and without the assistance of a construction schedule. Krazan Associates, Inc. is willing to revise the estimate once a construction schedule is made available. Consultant Project Management charges are included in the estimate at unit rates quoted. Quantities are based on WSDOT minimums and are subject to decrease; thus all tests performed are based on a time and materials basis. Prices are subject to change if this Agreement is not executed within thirty (30) calendar days. Services will be performed on a "time and materials" basis. Any total estimates provided are merely estimates and are not a guaranteed maximum price. All testing/inspections performed will be billed on a portal to portal basis unless specifically noted otherwise. Maximum /2 hour travel tinge, each way will be charged for site visits. Twelve (12) hours notice of cancellation is required on all jobs. Additional services requested in addition. to the above will be billed at our current rates (see Attachment C). f Krazan's proposal constitu s yo agreement of Kraz co al k r our s. ar atta d corgi ed ll b s re rence. la The technician's reserved for this project are multi qualified and will be available for a variety of services. PEE STRUCTURE We will perform the services listed above on a time and material basis in accordance with our 2008 standard rate schedule (see Attachment C). Based on the scope of work described in this proposal and our experience with similar projects, Krazan and Associates' estimates the costs for testing and inspection services to be about 94 3 0 A detailed breakdown of this cost estimate is attached as Attachment B. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work, additional inspections required by the building official and other factors. Krazan Associates does not control the work or production rate. Actual costs will vary due to the frequency of scheduling by others, Therefore the quantities listed in our cost estimate should be considered approximate. The estimate provided herein does not imply a lump sum fee, not-to-exceed fee or a guaranteed maximum price. Consistent with good engineering practice, we will work with the contractor to keep inspection costs at a minimum. If provided with a construction schedule this cost estimate can be further refined and quantified. COORDINATION The above scope of services will be performed when scheduled by the General Contractor or the client's designated representative. Proper scheduling is imperative to the success of the special inspections program. Krazan Associates cannot take responsibility for work that has not been inspected if we have not been scheduled nor can we take responsibility for delays due to insufficient lead -time in. scheduling inspections. We recommend that the person Krazan Associates, Inc. With Offices Serving The Western United States scheduling the inspections contact our office prior to the job starting to discuss required inspection and scheduling procedures. CONDITIONS EXHIBIT G -7 Krazan Associates, Inc. With Offices Serving The Western United States KA Proposal No. T08011 Tukwila International Blvd. Phases 2 3 Improvements Revised: January 6, 2009 Page No. 3 1. Additional services requested outside of our stated scope of work will be billed in excess of the estimated amount at our current rates. A price list for these services will be provided upon request (see Attachment C). 2. This offer terminates ninety calendar days from the dated of issue, unless otherwise stated and agreed. 3. Inspections which are canceled with less than twelve (12) hours notice, or after an inspector has been dispatched to the project site, will be charged the 2 -hour minimum fee associated with the type of inspection or testing requested. 4. All concrete samples will be cast in 4 -inch diameter x 8 -inch high molds unless otherwise agreed. 5. Additional samples for contractor convenience testing and/or field cure samples are not included in this estimate. 6. Contractor will provide curing facilities in accordance with ASTM requirements for initial curing (the first 24 hours after specimens are cast) and protection of concrete test specimens on site. 7. Krazan and Associates, as a professional services firm, is typically not subject to the prevailing wage agreements. Should by Federal ruling, our services be subject to prevailing wage rates, this proposal is null and void. A new proposal will be provided to account for additional services and increased wage rates associated with the ruling. This includes any apprenticeship programs, equal opportunity submittals, affirmative action, union referral statements and /or certified payroll. These items were excluded from this proposal. 8. This estimate is based on structural steel being fabricated in a local (within a 25 rile radius of an existing Krazan and Associates Inc. office) ANSI Certified structural steel fabrication facility. Should fabrication occur outside this range additional costs for travel, time, mileage and/or per -diem will be charged. 'TI1kVH3 in toma114ru1II90faveYS. uii2 dc eras 'i e. tom a_._ J9f)?91!g 9i )�IFraIH.QOSO111G tip::- :_5;r. :..c ^•c :rte- ..._27y7ac --r •s_. 7 i_ �_....•J._l -2��.. _•s E 'fib_'•_}= 51:te -4r, cvslerret :il ::Fa :r. :x -`r rs ii i el 1iv .f fi' cK_ o 65 i l i. :row: ,41&A WL c :(S�litk3= e:.:- :'�-.''Y Y�9A :-_se:.:e tJGe HOxdrvaY JIcK :NrsTuaY- 'lf�s._S�:c= Fn3Ir?fes'kCoi }3 Pavev,9r1952 55 1990 SY Use 12' 008 Gfad11170YAG C 1238 1.610 200-00 103.00 film 1.500Ta1 Too 2 2 90.43 S 19).551 08 o- npaC.icn7 Tat 41ot 20 Teas 8 5400 4 24 61220.60 GtiiL`I6960Yr Gradaoa 14600 Too 2 90-00 10000 SE 6466070a 2 5 60.00 120.03 P;0ct0r tnd'x 1 S 200.00 209.00 Cennu0x+17es7 1dpa G9 0 8 4 24 0132020 GfadaYaa 8E 121007on 2 S 62.00 5 129-00 1.2100 Tort 2 S 00.00 0.0 Fr42'159Fam 1.2003750 2 S 60-00 12 0.00 0 5194407 1(014 1 20000 20500 1903•100060.1 Test 1.121012 11 1R 4 49 5260000 Hl.A C1142• -gem 11200750 16260 ion Gr09063a1A0 1011I'm 23 200.00 $4,600.00 Rim 1 60 Tao 23 90.60 02.07002 H11A C11r2' .Orcday 6400700 H6140 Q1 1n•.OnT Cxtpa0100 1 5.4x7 411.51 03075041 17 10 170 09.350.05 1S_o07M1 H0A 5a:71 200 SY Say 9'1Mk Gra626.0KAC As lacaticd 535 CY 4500, Ton 3350 Ton Fitt:90r'4 Cesera10 Eri41ad Cuib 200 OancalGub 43081 Club sea Gusar 8000 IF 5ldnrrek Approach 750 SY 01/e,43: SOW SY Wail Connc:e J W10GmfOr.o41. 1400 CY 40005x1 YY7a0 ex( PEra 15 CY 4000911 F eller Pie COncrele (Facts 26 25) 200 CY S1n:44e20 I SMIts Pie Galen WO (F09 fl 0.11 1600 CY 0500)000 IC,nlfer Pia CDF 0or Shall Anne CY 2101. hTch/Back06 floadrny Tror,21 Crosra0 WOA Trench Bad79 Storer Plpe E6 Wall, Pros 0112x* 1l Sawn S10904 01n10021 60540, E0/9 0521 ItidAr Tcr}eM Ces Tela l TeeSlleesn Dell x605.50,,0 ITo01tlnh.21n,ert,ll'es12,tb 520430.00; 1eU1PIAT1yemanh1He'os 5,5 I Hollereckn'danCeH ap51.0 T4lethtM ?isn Ceo .006672,01 11131.1l14tln l X04 5205X0 I 12 Oy 210 oy SOOry 42 c 607 ay EXHIBIT G -7 0119 Astteadad 057.001_,0 TC•S As 1411 i_d *031.0091710) 2.1.50 CY 2 +15057 3 rd Party Ulitiv 7os0aa Sand 44-0 Gra906m 1.1010 Tan 1 50 1 -1000 Ton 1 Prater 124c 1 1150•:xn»,'r,1 1.0)9 CY 1 9 *4401. IMF 50 301 131151,+0, As needed GSM 290 Ton Grada2OO 1.2060 Too 1 SE 1- 2000709 1 Fre Fxo 1-20907oa 1 Plecta 10,10 1 cnnpasl3To# 140605E 2 3 12 26x1(0 Grand BonP.v 303 CB1crP Gra6t6on 1-4t00 Too 1 SE 1 -40067on 1 Prxtor 11505, A Cren nark" Tort 1.6MCY 1 2 R Man no 220.00 90.07 1 1 4 4 1220.40 5 10 4 40 52.202.00 0 22 4 26 04.810.00 1 4 4 10 5320.00 14 12 4 10 52,040.00 29 116 F 2100 22. :20.06 02.03 90201 5 60.09 S 60.00 t 5 200.03 0 200.00 x 50.92 00.00 S 60.00 0005 60.00 60.03 6 53.00 a 200.00 20000 00.00 60.03 6 57.60 60.50 Af2Sklalpffrap 2 +1-50 CY 30 50 4 120 50,600.00 071Mars 2,1.001 170 2 20.00 4740964 A'ai6tunpticrep 24400 02 1 4 4 16 $36029 GdaMaw 2..1'60 CY 4 5 anM 5 20 Se *10Sitagte25 1 01 5 10 10 4 40 S2,200.03 12X)2 P0•r.n1 taw in S 14000 31.4100.00 i 0d$1v, »0 1101y 50 SD 4 120 $6,61 -0403 o, 19X17F,1 111x1 7 0 Ion 24.711 1111 An /4/064 5 RO RM 25 CY GB krPOO Zane Grad,Oos 1400079a 90.83 S 00431 SE 1- fO00Ton 60.00 00.001 C .p5,a04n79A 6.561 CY 2 2 4 R ftaw3 ISO CY GB kr PIFOZma Grada'ia.: 1.1100794 1 00.00 S 03.03 SE 140031'0a 1 0 60.00 5 60.00 5194119, 10*6f 1 20004 200.00 C:0,05n730 fc• 1.5CY A 4 16 0200. 150000? GO(or P$. Z664 004d31en 1 -1000 Tan 25 9000 82,26000' 0E 1.1000100 25 S 60.00 1,600.00 P00000o 1132.4 4 5 290.50 000.00 4.020.1,2 nTaU 1.56845? 79 22 4 120 00100.21 120 CY GB fort. aZa Gradat8n 1.1500 Ton 9 90.00 S 80.051 SE 140007,n 1 S 0003 1.0.03 5N0080 10000 1 20500 5 200.05 Corn.1.157,6 1400 CY 1 4 0220 160 CY 1.1a5h1a 32 lusaA Gfada186 1.500470o 1 5 90.00 5 00A01 SE 1.1000 Tan 1 S 60.00 0 00.07 Proctor 1112 1 30 200.00 200.00 00.155x C ,05 nrnacti10 Tat 1.000 CY 3 R 12 050020 Wan TDalWatt2a 040,5, 10600 CY Amara, Gmvol BSekf4 forsr.;5 Gra4*YPn 1.1000700 20 5 90.00 51,020.00 SE 1.100.3 Ton 20 a 50.00 51.200.00 050411590 1- 0000190 20 20.00 490.00 Meaty 1050, 0 5 200.60 0 660.00 701 1x,00 Ga 22 30 12It Nr /AIM 1 AMISS: 422110 exhibit G-7 EXHIBIT G -7 TRANSPORTATION SUPPORT DIVISION FEE SCHEDULE II�SCTtIP1' tONI(Scvire:of.- Setvfcc`a1'_ '1Ff;:TE=• *WSDOT Validated Field Tester (Concrete. Aggregate, HMA, Embankment, Welding) 1 355/hr+ 15% WSDOT Validated Lead Inspector (Senior Inn actor- Non-PE; Proicct Lead Inspector) I $69 Hour OTS Manager(WSDOT Experienced PE) j $125 Hour *15% Shift Differential _a_.,,_ .1;t w =r g_ LAT30RA- TQRtl1t)rSTS3 ti _ifs-= Mia=1� �M-N:::I On Site Mobile Laboratory (Asphalt Batch Plant) On Site Mobile Laboratory Mobilization On Site Mobile Laboratory De- Mobilization Asphalt/Concrcte Coring Core Density Charge Compression Samples (Concrete, Mortar, Grout) Proctor Analysis (AASIITO T99 or T180) {Sieve Analysis (AASHTO T1l anti T27) )Extraction/Gradation (AASHTO T308, T11, and T27) {Rice Density Analysis (AASHTO T2091 209) Marshall Sand Equivalent (AASHTO T176) Degradation (WSDOT T1131 Atterb erg Limits (ASTM 4318) Hydrometer (ASTM 422) Fracture Face (AASHTO TP 61) Shot Crete Test Panels (Includes 4 Cores) (AASIITO T24) Sample Pick -Up Trip Charge/ Mileage *Batch Plant mobile laboratory costs Include all tests performed at that location, AIIDITIOOt'it:Ltfi�S?A•II;ABI;L 5t11t'C?SC� CDF Cylinders 380,00 (Be. Structural Steel Inspection $75.00/ 11r. Structural Steel Fabrication Shop Inspections 375.00 /11r. Concrete Fabrication Shop Inspections S65.00 fir. Weldor Qualification (AM 375.00/ Hr. Non Destructive Examination/Testing (NDF/NDT1 Equipment Usane 325.00 Day WeldinnProcedure 375.00/ Hr. Bend or Tensile Test (Welded coupon) Sot of 3 5300.00 Set Torque- Tension Device (Skidmore- Wilttetin) if required $50.00 Day Cross Hote Soaio Testing $2000 /Shaft S WPPPISubidity monitoring 570.00 PTr. Per Diem (Outside 50 Mile Radius of )3ellevue. Spokane or Portland) 3110.00 Day {Mileage (Outside 501v4rle Radius of Bellevue. Spokane or Portland) 30.60 /Mile I I Suoemave Mix Design CBR (With Proctor Analysis) (ASTMDIS83) Soundness (Coarse Argrenate) (ASTM C88) Durability (ASTM 3744) Relative Density Max -Min (ASTM 01253) Accelerated Expansion (CRD 148) LA Abrasion (AASHTO T96) Pemreability ((taxable wall) (ASTM DS084) Direct Shear (ASTM D3080) Full Size tvlasonry Prism Samples (ASTM E477) Ibex Beam Compression Samples NCAT Correlation Factor (Asphalt Oven Coorelation) NOTES: A 2 hr minimum applies to each daily visit Costs associated with an on site mobile laboratory assumes Client supplied power, phone and Internet access Costs associated with field tester and QTS Inspector includes all report writing, maintaining and processing. Addltiouatly, Sample pickup cost are Included as welt, Krazan Associates, Inc. Wills Offices Servicing M a Western United Stales **$2,000.00 Month 31,500.00 /Ea. 31,500,00 /Ea. 370.00 Hr. $35.00 Ea. $20.00 Ea. 3200.00 Ea. $90.00 (Ea. $200,00 Ea $90.00 Ea. S180.00 /Ea, $60.00 /Ea. 385.00 (Ea. 380.00 Ea. 3150.00 Ea. 360.00 /Ea, $140.00 Ea. NO CHARGE NO CHARGE $4,500.00 /Ea. 5500.00 /Ea. 3160.00 /Pa 3200.00 /Ea. 3175.00 (lia. 3350.00 /Ea. $175.00 /La. 3500.00 /Ea. 5200.00 Ee. 5100.00 Ea. 580.001 Ea. NO CHARGE KA Proposal No. T00011 TISP 2 3 January 5, 2000 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Public Works Directo~ DATE: January 14, 2009 SUBJECT: Tukwila International Blvd Phase II & III (S 116th St to S 139th St) Project Nos. 95-RW03 & 95-RW04 Purchase Field Trailer ISSUE Approve purchase of a field office trailer for construction management. BACKGROUND The City has typically provisioned a field office for the management of large construction projects through the construction contract. The responsibility is placed on the contractor to lease a field trailer and provide it for the City's use throughout the project. While the cost is charged to the project and the majority of the set up is the responsibility of the contractor, in-house staff is responsible for moving equipment into the space and configuring it to work with the specific office layout. This uses valuable field time at the start of each large project and puts the field teams in a reactive stance with the contractor at a time when they should be the most proactive. ANAL YSIS A review of the purchase vs. lease costs for typical office trailers of this type show a lease rate which would pay for the capital expenditure in approximately 5 years. While some risk is involved with the City owning a trailer, we have demonstrated a steady need for our own trailer. We expect to be able to use this structure for our major projects in the foreseeable future. In an attempt to reduce the majority of our risk, we customized the basic trailer specification from a classroom portable design to provide improved durability and maximum flexibility for the variety and size of the anticipated upcoming projects. The trailer is fully mobile and will be fitted with a special hitch to allow it to be moved with standard City equipment. The size was chosen to provide shared office space for up to five field personnel with a dual use conference space for field meetings. At a nominal 10' x 32' dimension it is easily placed and stored with a compliment of field equipment. We chose to purchase the field trailer through the King County Director's Association (KCDA), a purchasing cooperative. This service provides support with specification and bid administration similar to the state purchasing system. The base trailer cost with modifications is $26,190 and with tax and a small KCDA fee, the total purchase price is just under $30,000. RECOMMENDATION The Council is being asked to approve the purchase of a mobile field trailer for the TIB Phase II & /If project and additional projects in the amount of $30,000.00 and consider this item at the January 26, 2009 Committee of the Whole meeting and subsequent February 2, 2009 Regular Meeting. Attachment: General trailer specification with approximate picture P:\PROJECTSIA- RIV & RS Projects\95RIV03 TIB2\/nfo Memo Trailer CM 01-14-09-MERdoc Modern Building Systems 10 x 32 Office Windows Internet Explorer y http:// modernbuildingsystems .comIfloorplans /10x32o,html General Specifications: 10' x 22' 32' All trailer dimensions are ADA compliant Bow truss Suspended T-grid ceiling with fluorescent lights Exterior hollow core metal door with entrance lever handle T1 -11 siding Heating and air conditioning VC tile flooring KCDA Field Spec Office Close Print 10' x 10' Internet 'k 100% A TO: Mayor Haggerton Transportation Committee FROM: Public Works Director DATE: January 13, 2009 SUBJECT: 13911 Tukwila International Boulevard Street Vacation File Number 3.40.71 ISSUE Approve resolution setting a date for a Public Hearing. BACKGROUND Petitioner, 139 LLC, provided a complete request for a street vacation of the property abutting 13911 Tukwila International Blvd and a comprehensive appraisal (139 LLC is the only abutting property owner). ANALYSIS The Council may approve the resolution to set a Public Hearing date for February 23, 2009 or may deny the request for the street vacation. RECOMMENDATION City of Tukwila INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor The Council is being asked to approve the resolution and consider this item at the January 26, 2009 Committee of the Whole meeting and subsequent February 2, 2009 Regular Meeting. Attachments: Resolution Petition for Vacation of Street Vicinity Map Right -of -Way Vacation Exhibit P :\STREET VACATIONS13.40.71 13911 TlBlinfo memo 011309.doc DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF RIGHT-OF-WAY WITHIN THE CITY OF TUKWILA DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS APPROXIMATELY 128 FEET BY 10 FEET ALONG 13911 TUKWILA INTERNATIONAL BOULEVARD. WHEREAS, the property owner abutting the right-of-way has petitioned the City to vacate a portion of Tukwila International Boulevard; and WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing upon the vacation of a portion of Tukwila International Boulevard, adjacent to 13911 Tuk,wila International Boulevard, shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on February 23, 2009, which is not less than 20, nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right-of-way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right-of-way sought to be vacated at least 20 days prior to the date set for hearing. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKyVILA, WASHINGTON, at a Regular Council Meeting thereof this day of .2009. ATTEST/ AUTHENTICATED: Joan Hernandez, Council President Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: C:\Documents and Se<<ingglAlI Users\Desklop\KellyIMSDATA\Resolutions\T1B Street Vacation.doc ML:ksn 1/1312009 Page 1 of 1 PI: ..1.1 ION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 3.40.71 TO THE TUKWllA CITY COUNCil: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) 2. The names and addresses of ALL property owners abutting on the property to be vacated are as follows: do not include Ci -owned ro e Owner Name Property Address (print) 3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition. For the petition to be valid, the signers must account for at least 2/3 of the property, by length, abutting the right-of-way: (do not include City-owned property) Owner Name Property Address si n ture Total frontage (feet) 3 '-/B Rf 4. In accordance with Resolution 1499, the $1200 fee for street vacation has been received. DATE RECEIPT NO. CLERK SIGNATURE RIGHT-of-WAY VACATION AREA VICINITY MAP NOT TO SCALE PORTION OF SW1/4, 15 -23 -04 Scale: Horizontal Desianed DATE SIGNED 1 y 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES J AREA OF RIGHT-OF-WAY VACATION CONTAINS 1272± SQUARE FEET Job Number 13335 Sheet Title: VACATION EXHIBIT 1 af_ 1 I Drawn PCW I Checked WBW I Approved WWI I Dote 1 7- -08