HomeMy WebLinkAboutTrans 2009-01-20 Item 3D - Agreement - Tukwila International Boulevard Phases II and III with Harris & Associates
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