HomeMy WebLinkAboutSpecial 2010-12-13 Item 3A - Agreement - Tukwila Urban Center Access (Klickitat) Management with CH2M Hill for $2,024,137.02 COUNCIL G I NDA SYNOPSIS
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ITEM INFORMATION
1 CAS NUMBER: 10-143 IORIGIN :1L AGENDA DATE. DECEMBER 13, 2010
AGENDA ITEM TITLE Tukwila Urban Center Access (Klickitat) Project
Construction Management Services with CH2M Hill
CATEGORY Discussion Motion n Resolution I 1 Ordinance I I Bid Award Public Heanng I I Other
Altg Date 12/13/10 IVItg Date 12/13/10 Mtg Date illtg Date Mtg Date Mtg Date Altg Date
1SPONSOR Council Mayor 1 I Adm Svcs DCD I Finance 111 Fire n Legal I I P&R I Police PIT%
SPONSOR'S Requests for construction management proposals were advertised with eleven proposals
SUMMARY submitted and four firms interviewed. CH2M Hill rated the highest with the most qualified
team to deal with the complex construction issues for the Tukwila Urban Center Access
Project. The CH2M Hill contract will supplement in -house construction management
capabilities for a fee of $2,024,137.02. Council is being asked to approve the contract with
CH2M Hill.
REVIEWED BY n COW Mtg. 1 1 CA &P Cmte 1 F &S Cmte Transportation Cmte
U Utilities Cmte Arts Comm. Parks Comm. I I Planning Comm.
DATE: 12/06/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole Special
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$2,024,137.02 $2,611,243.00
Fund Source: 104 ARTERIAL STREETS (PAGE 15, 2011 PROPOSED CIP)
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
12/13/10
12/13/10
MTG. DATE I ATTACHMENTS
12/13/10 1 Informational Memorandum dated 12/01/10
Consultant Selection Scoring Sheet
Consultant Contract with Scope of Work Fee
Minutes from the Transportation Committee meeting of 12/06/10
12/13/10 1
1
2
o -j sZ City of Tukwila
a d b, Q W Jim Haggerton, Mayor
4o& INFORMATIONAL MEMORANDUM
TO Mayor Haggerton
Transportation Committee
FROM Public Works Director -1
DATE December 1, 2010
SUBJECT Tukwila Urban Center Access (Klickitat) Project
Project No. 98410419
Construction Management Contract with CH2M Hill
ISSUE
Approve Construction Management contract with CH2M Hill for the Tukwila Urban Center (TUC)
Access (Klickitat) Project.
BACKGROUND
The TUC Access project is scheduled to start construction in early 2011 While in -house City
staff will provide lead Construction Management on the project, due to the tight timeline for
construction, a significant number of additional resources will be required to supplement in-
house capabilities The City advertised for consulting services and received eleven (11)
proposals that were rated by a selection panel The top four (4) firms were interviewed,
AECOM, CH2M Hill, Jacobs and Parametrix. CH2M Hill was rated the highest by the cumulative
scores of the interview panel.
DISCUSSION
The CH2M Hill contract will include full time field engineering, inspection and documentation
compliance support, including multi -shift capability if necessary, as well as on -call specialty
support staff. The fee of $2,024,137.02 is reasonable for the scope of work provided by CH2M
Hill for this complex project. The total revised Construction Management budget is 20% of the
construction contract plus contingency ($10,880,180 2,176,036 x 20% $2,611,243)
CM Expenses Budget
CH2M Hill CM Inspection $2,024,137.02
HNTB Sup #12 Construction Eng Support 171,062.00
City CM Staff, WSDOT, Misc Expenses 389,885 00
Klickitat CM Budget (CIP page 15) 0 00 $2,513,000 00
Construction Budget to Supplement CM 0 00 98,243.00
Total Contract and Budget $2.585.084.02 $2.611.243.00
RECOMMENDATION
Approve the construction management contract with CH2M Hill in the amount of $2,024,137 02
and consider this item at the December 13, 2010 Committee of the Whole meeting followed by a
Special Meeting that same night.
Attachment: Consultant Selection Scoring Sheet
Consultant Contract Including Scope of Work and Fee
W:IPW EngIPROJECTSIA- RW RS Projects184RW19 TUC Access (Klickilat)llnfo Memo for CH2M Hill CM 12- 1- 10.doc 3
o /2/ w a
TUC Access (Klickitat) k u m x P S i l l e c oe v -c a w .o iv
CM Consultants Proposal .0 a 4 ,o v m v u 3
U 7t -P co U c m U 1
Y 0 W W 0 m .i o 4 Q u a d r i u Lu 2:.)
40% Score
PETER's MIKE's CYNDY's ROBIN's TOTAL AVERAGE from TOTAL
Submitter 200 200 150 150 150 100 50 1000 Ranking Ranking Ranking Ranking Ranking Ranking Ranking Ranking
AECOM 136 150 124 121 125 89 48 793 4 3 2 4 13 3.25 1 5.2
BEK N 98 86 93 71 83 60 41 531 10 9 10 10 39 9 75 10
CH2M.1-1i11 134 150 113 115 126 84 46 768 1 4 8 1 14 3.50 2 5.6
CMTS 103 85 93 76 90 61 40 548 9 9 11 9 38 9 50 9
Hill Intemational, w 95 91 85 94 69 48 36 518 11 11 9 11 42 10.50 11
Jacobs 130 154 123 120 120 83 49 778 4 2 1 7 14 3.50 2 5 6
KBA 141 128 126 113 114 71 50 743 6 4 5 5 20 5 00 6
Kenedy /Jenks 136 136 128 101 115 76 50 743 8 6 4 3 21 5.25 7
Parametrix 149 136 128 118 113 80 49 771 3 1 3 8 15 3.75 4 6
Perteet 138 111 121 110 103 70 49 701 7 8 5 6 26 6.50 8
WH Pacific' 125 134 109 138 123 73 50 750 2 7 7 2 18 4.50 5
Klickitat CM Consultant Interviews
60%
Score
from
PETER's MIKE's CYNDY's ROBIN's TOTAL TOTAL Total Score from Proposal
Ranking Ranking Ranking Ranking Ranking ranking Interview Ranking
I I 1 1 I
AECOM 1:= 1 4 3 1 4 12 1 7.2 12.4 4
CH2M Hill 1 I 2 1 4 1 I 8 I 4.8 10 4 l 1
Jacobs r 1:. "1 2 I 4 1 3 1 2 I 11 1 6.6 12.2 I 3
Narametrix '1 -1 3 I 1 I 2 3 1 9 I 5.4 114 1 2
Lowest score is the highest rated consultant.
W. \PW Eng \PROJECTS\A- RW RS Projects\84RW19 TUC Access (Klickitat) \CM RFP Evaluation Spreadsheet 12 -1 -10 12/02/2010
Local Agency Consultant/Address /Telephone
CH2M HILL, Inc.
Standard Consultant 1100112th Avenue NE
Agreement Suite 400
Bellevue, WA 98004
Architectural /Engineering Agreement
Personal Services Agreement (425) 453
Agreement Number
84 19 Project Title And Work Description
Federal Aid Number Consultant will provide construction management
STP 1037(003) HPP 999(474) HPP 999(475) services related to the Tukwila Urban Access
Agreement Type (Choose one) Improvement Project, 84
Lump Sum
Lump Sum Amount
Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method DBE Participation
Yes No
Actual Cost
Federal ID Number or Social Security Number
Actual Cost Not To Exceed 59- 0918189
Fixed Overhead Rate Do you require a 1099 for IRS? Completion Date
Fixed Fee
Yes No February 29, 2012
Specific Rates Of Pay Total Amount Authorized 2,024,137.02
Negotiated Hourly Rate
Management Reserve Fund
Provisional Hourly Rate
Cost Per Unit of Work Maximum Amount Payable 2,024,137.02
Index of Exhibits (Check all that apply):
Exhibit A -1 Scope of Work Exhibit G -2 Fee -Sub Specific Rates
Exhibit A -2 Task Order Agreement Exhibit G -3 Sub Overhead Cost
Exhibit B -1 DBE Utilization Certification Exhibit H Title VI Assurances
Exhibit C Electronic Exchange of Data Exhibit I Payment Upon Termination of Agreement
Exhibit D -1 Payment Lump Sum Exhibit J Alleged Consultant Design Error Procedures
Exhibit D -2 Payment Cost Plus Exhibit K Consultant Claim Procedures
Exhibit D -3 Payment Hourly Rate Exhibit L Liability Insurance Increase
Exhibit D -4 Payment Provisional Exhibit M -la Consultant Certification
Exhibit E -1 Fee Lump/Fixed/Unit Exhibit M -lb Agency Official Certification
Exhibit E -2 Fee Specific Rates Exhibit M -2 Certification Primary
Exhibit F Overhead Cost Exhibit M -3 Lobbying Certification
Exhibit G Subcontracted Work Exhibit M -4 Pricing Data Certification
Exhibit G -1 Subconsultant Fee App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this day of 2010
between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY"
and the above organization hereinafter called the "CONSULTANT"
DOT Form 140 089 EF Page 1 of 8
Revised 3/2008
5
WITNESSETH THAT.
WHEREAS. the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows.
1 General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be
coordinated through the AGENCY The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall he agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to early out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D /M /WBE firms are utilized, the amounts authorized to each lirin and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan" The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY,
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination iaf this AGREEMENT are instruments of serviee for this PROJECT,
and are the property of the AGENCY Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terns 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 dale.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 C.FR Part 31
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager
VI Sub Contracting
The AGENCY permits sub contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT
Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit `G
The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub- consultant shall be
substantiated in the same manner as outlined in Section V. All sub- contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39 04.250 and RCW 39 76.011
The CONSULTANT shall not sub- contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub- contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship A DBE certified sub consultant is required to perform a minimum
amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
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third party as a consequence of any act or omission on the part of the CONSULTANTS employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part -time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of' the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations.
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et, seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.150
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "i" for the type of
AGREEMENT used.
No payment shall he made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Ternminate, if the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall nnmediately reimburse the AGENCY for any excess paid.
if the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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In such an event, the amount to be paid shall be determined by the AGENCY with consideration given w the actual
costs incurred by thc CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at thc time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using thc formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY in such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete thc work under
the terms of this AGREEMENT, if requested to do so by the AGENCY This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties Listed in thc previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed ofby AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. lithe parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J and disputes concerning
claims will be conducted under the procedures found in Exhibit "K
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated m the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
clone under this AGREEMENT This contract shall be interpreted and construed in accordance with the laws of the
Stale of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONS'ULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RC :W 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, daily, on the PROJECT, Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW
insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B Commercial general liability and property damage insurance its an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000),
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way
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The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XiV Extra Work
A. The AGENCY may al any time, by written order, snake changes within the general scope of the AGREEMENT in
the services to be performed
B If any such change causes an increase or decrease in the estimated cost of, or the time required for, perfomrance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both, and (3) other affected terms and shall modify the
AGREEMENT accordingly
C. The CONSULTANT must submit any "request for equitable adjustment hereafter referred to as "CLAIM under
this clause within thirty (30) days from the date of receipt of the written order However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT
D Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (F3) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to he increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
II the CONSULTANT shall place then endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not he bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terns hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT
XIX Execution and Acceptance
This AGREEMENT may he simultaneously execute] in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
11
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT
4
7
By r I r 1 r7c L By
Timothy &evan, Sr Chtnl Service Manager
Consultant CH2M HILL, Inc. Agency City of Tukwila
DOT Form 140 -089 EF
Revised 3 /2008 Page 8 of 8
12
Exhibit A-1
Tukwila Urban Access
Improvement Project
84 -RW19
City of Tukwila
Scope for
Construction Management Services
November 2010
13
INTRODUCTION
During the term of this AGREEMENT, CH2M HILL, INC (CONSULTANT) shall
perform professional services for the City of Tukwila (AGENCY) in connection
with the following project:
PROJECT 84 -RW19
TUKWILA URBAN ACCESS IMPROVEMENT PROJECT
PROJECT DESCRIPTION
The Tukwila Urban Access Improvement Project will enhance access, reduce
congestion and reduce accidents near the Southcenter Mall. A large portion of
traffic visiting the Southcenter area travels through the Southcenter
Parkway /Klickitat Drive intersection. Because of this, Southcenter Parkway's
intersections with the mall entrance, Klickitat Drive, and the Northbound 1 -5 off
ramp suffer severe congestion, and traffic often extends all the way up the ramp
onto the Northbound 1 -5 shoulder. Similarly, on Northbound Southcenter
Parkway, traffic can backup through these intersections and beyond Strander
Boulevard
Improvements include constructing a grade separation between southbound
Southcenter Parkway traffic and all other traffic at its intersection with Klickitat
Drive. This reduces congestion for traffic turning west onto Klickitat Drive from
Northbound Southcenter Parkway to access the Southbound 1 -5 on -ramp.
Klickitat Drive also provides convenient access to and from SR 518 and the
airport, and congestion on these routes will be reduced as a result of the
improvements.
The Tukwila Urban Access Improvement Project includes the rehabilitation and
reconstruction of approximately 2,500 linear feet of Southcenter Parkway
between the vicinity of Bahama Breeze and the vicinity of Doubletree Guest
Suites. Project elements include construction of a cast -in -place reinforced
concrete slab bridge, soldier pile retaining walls, structural earth retaining walls,
sidewalks, landscaping, concrete barrier, traffic signals, illumination, asphalt
paving, storm drainage system, utilities, and other improvements.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
14
GENERAL
CONSULTANT will provide Construction Management Services (CM) as defined
below. These services are intended to assist the AGENCY to administer the
contract for construction, observe the performance of the construction Contractor
"Contractor confirm that the Contractor's work is in general compliance with
with the contract documents, and assist the AGENCY in responding to events
that occur during the construction. These services are based upon the
understanding that the AGENCY will contract directly with the Contractor and will
be actively involved in the construction process to make decisions, provide
approvals, and perform other actions necessary for the completion of the
construction. These services are also based upon the AGENCY executing a
contract for construction with the Contractor that provides the requisite authority
for CONSULTANT to fulfill its responsibilities
The CONSULTANT is not responsible for any costs, claims, or judgments arising
from or in any way connected with the errors, omissions, conflicts or ambiguities
in the Contract Documents prepared by others The CONSULTANT does not
have responsibility for the professional quality or technical adequacy or accuracy
of the design plans or specifications.
CONSULTANT's services are based upon the assumption that the construction
on this project will be substantially complete by the Contractor by November, 16,
2011, and the end date for this Construction Management Services contract will
be February 29, 2012. Deviations from the anticipated schedule or duration of
construction will materially affect the scope of these services and
CONSULTANT's compensation for the services, and will require an adjustment to
CONSULTANT's compensation. CONSULTANT will not perform services beyond
the agreed to contract scope without written authorization from the AGENCY.
The level of effort to perform the work described is generally based on a standard
five day work week and standard eight hour workday, but also includes an
assumption of five months of five day work weeks with an additional eight -hour
shift at night.
The services listed below will be provided in accordance with applicable
guidelines from the most current (as of execution of this Agreement) versions of
the WSDOT Construction Manual, Project Specifications, AGENCY guidelines,
and the WSDOT Local Agency Guidelines (LAG) Manual. These CONSULTANT
services include, but are not limited to:
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
15
1.0 PRECONSTRUCTION SERVICES
Preconstruction Services may include, but are not limited to, the following
tasks as requested by the City:
Preparation, attendance, and documentation of meetings with the City,
its Contractor, utility companies, businesses and citizens.
Documentation of existing conditions on the project through photos
and video.
Arranging, coordinating, leading and taking minutes for a pre
construction conference.
Reviewing construction contract documents and preparing lists of
items needed from the Contractor and /or City prior to granting a full
Notice to Proceed to the Contractor.
Preparing lists of anticipated and necessary submittals for specific
milestones during the Contract.
2.0 CONSTRUCTION MANAGEMENT SERVICES
2.1 Establish Document Manaaement System: CONSULTANT will establish a
system and set of procedures for managing, tracking and storing relevant
documents between the Contractor, CONSULTANT and AGENCY produced
during the Construction and Closeout phases of the project. CONSULTANT will
utilize an appropriate computer based document management system selected
by CONSULTANT and AGENCY. CONSULTANT will, in coordination with the
AGENCY, maintain hard copy records, suitably organized, of relevant
documentation.
CONSULTANT will also implement procedures for the logging and tracking of
relevant correspondence and documents. CONSULTANT will assist the
AGENCY in monitoring outstanding decisions, approvals or responses required
from the AGENCY.
2.2 Conduct Pre Construction Conference: CONSULTANT shall coordinate and
attend one pre- construction conference with the Contractor to review the project
communication, coordination and other procedures and discuss the Contractor's
general work plan and requirements for the project. CONSULTANT will take
minutes and distribute to the attendees
2.3 Conduct Proiect Site Meetings: CONSULTANT will conduct weekly meetings with
the Contractor and will prepare the minutes of these meetings.
2.4 General CM Support: CONSULTANT will provide services in coordinating the site
activities, administering the contract for construction, monitoring the contractor's
performance, responding to design and technical submittals, and closing out the
contract for construction. The following services are included as part of this task.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
16
2.4.1 Proaress Payments: CONSULTANT will prepare Contractor pay requests,
including appropriate documentation of force account, lump sum, and bid items.
Pay requests will be developed based on the Contractor's monthly submittal of
the cost loaded schedule. CONSULTANT will use the Project Specifications,
AGENCY guidelines and WSDOT Local Agency Guidelines (LAG) Manual in the
preparation of the contractor's pay request. CONSULTANT will advise the
AGENCY as to the status of the total amounts requested, paid, and remaining to
be paid under the terms of the contract for construction.
Recommendations by CONSULTANT to the AGENCY for payment will be based
upon CONSULTANT's review of the Contractor's monthly cost loaded schedule
submittal, as well as on CONSULTANT's measurements calculations and /or
other information. Such recommendations do not represent that the Contractor
has completed the work in exact accordance with the contract for construction;
that CONSULTANT has made an examination to ascertain how or for what
purpose the Contractor has used the moneys paid, that title to any of the work,
materials or equipment has passed to the AGENCY free and clear of liens,
claims, security interests, or encumbrances.
2.4.2 Field Instructions and Orders: CONSULTANT will issue field instructions, orders
or similar documents during construction as provided in the contract for
construction.
2.4.3 Correspondence and Communications: CONSULTANT will implement and
maintain regular communications with the Contractor during the construction
CONSULTANT will receive and log communications from the Contractor and will
coordinate the communications between the AGENCY and Contractor.
CONSULTANT will not provide direction directly to the Contractor's
subcontractors. CONSULTANT will prepare written communications to the
Contractor and provide recommendations to the AGENCY for written
communications between the AGENCY and Contractor.
2.4 4 Traffic Control: CONSULTANT will review Contractor prepared traffic control
plans, and will make recommendations to the AGENCY regarding the
acceptability of the Contractor's plans.
2.4.5 Environmental /Aaencv Permits: CONSULTANT will review the requirements
stipulated in the AGENCY's permits issued by regulatory and environmental
agencies. CONSULTANT will provide an Environmental Compliance Officer
(ECO) who will review the project once per week to review and make
recommendations on environmental permit compliance. The ECO will have a
minimum of 10 years of Federal permitting experience on public works projects,
and 5 years of experience overseeing environmental compliance on Federally
funded projects.
2.4.6 Review of Contractor's Reauested Chanaes: CONSULTANT shall review
construction contract changes. CONSULTANT will make recommendations to the
AGENCY regarding the acceptability of the Contractor's request and, upon
approval of the AGENCY, assist the AGENCY in negotiations of the requested
change. Upon agreement and approval, CONSULTANT will prepare final change
order documents and Info Memos for execution by the AGENCY and the
Contractor.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
17
2.4.7 Change Order Reports CONSULTANT will provide periodic reports to the
AGENCY about the status of Change Orders. The report shall include issued
Change Orders, pending change orders, and change order amounts.
2.4.8 Claims and Disputes: CONSULTANT will receive, log, and notify the AGENCY
about letters and notices from the Contractor concerning claims or disputes
between the Contractor and AGENCY pertaining to the acceptability of the work
or the interpretation of the requirements of the contract for construction.
CONSULTANT will review letters and notices and will discuss them with the
Contractor as necessary to understand the claim or dispute. CONSULTANT will
advise the AGENCY regarding the Contractor's compliance with the contract
requirements for such claims and disputes. CONSULTANT will assist the
AGENCY in discussions with the Contractor to resolve claims and disputes.
CONSULTANT will provide assistance to setup a Disputes Review Board,
organize quarterly Disputes Review Board meetings, and will prepare quarterly
updates for the Disputes Review Board CONSULTANT will use the Project
Specifications and LAG Manual in the resolution of and claims and disputes. The
AGENCY and Contractor will pay all of the expenses of the Disputes Review
Board members.
CONSULTANT will not issue decisions on Contractor claims or disputes.
CONSULTANT will not, except as part of Additional Services, undertake
comprehensive investigation or analysis of Contractor's claims and disputes, nor
participate in judicial or alternative dispute resolution procedures for the claims or
disputes.
2.4.9 Contractor's Schedule Submittal: CONSULTANT will review and provide
technical analysis of the Contractor's construction schedule to confirm it is
consistent with the requirements of the contract for construction. CONSULTANT
will advise the Contractor of any areas where the schedule is not in compliance
with the contract for construction. CONSULTANT will provide comments to the
AGENCY to assist the AGENCY in approving, accepting or taking other action on
the contractor's schedule, in accordance with the contract for construction.
CONSULTANT's review and comments shall not be considered as a guarantee
or confirmation that the Contractor will complete the work in accordance with the
contract for construction.
2.4.10 Contractor's Schedule Updates: CONSULTANT will review the Contractor's
regular schedule updates or other schedule submissions. CONSULTANT will
advise the Contractor if the updates or other submissions are not in accordance
with the contract for construction. CONSULTANT will provide comments to the
AGENCY regarding the updates or other submissions. CONSULTANT will
monitor the Contractor's progress on a weekly basis and report any significant
changes to the project's available float and /or the project's critical path.
CONSULTANT's review and comments shall not be considered as a guarantee
or confirmation that the Contractor will complete the work in accordance with the
contract for construction.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
18
2.4 11 Effect of Change Orders CONSULTANT will review information submitted by the
Contractor regarding the effect of proposed or issued Change Orders upon the
construction schedule, duration and completion date. CONSULTANT will advise
the AGENCY as to the potential impact of proposed or issued Change Orders.
CONSULTANT will assist the AGENCY in discussions with the Contractor
concerning the potential impact of proposed or issued Change Orders.
2.5 Final Inspection Closeout Warranty: CONSULTANT will assist the AGENCY in
issuing documents for substantial completion and acceptance of the work.
CONSULTANT will advise the AGENCY on payment, and partial release of
retention. CONSULTANT will assist the AGENCY in issuing documents for final
completion and acceptance of the work. CONSULTANT will provide to the
AGENCY an organized set of project documents and records. CONSULTANT is
not responsible for any unauthorized reuse or alteration of project documents.
3.0 RESIDENT INSPECTION
3.1.1 Resident Inspection: CONSULTANT will conduct daily on -site inspections of the
Contractor's work for the purposes of determining if the work generally conforms
to the contract for construction and that the integrity of the design concept as
reflected in the contract for construction has been implemented and preserved by
the Contractor. CONSULTANT will supervise a team of field inspection staff, who
will prepare written Inspector Daily Reports (I DR's), and other records of their
inspections, which will be provided to the AGENCY.
CONSULTANT's inspection staff will arrange for daily photographs of the work in
progress by the Contractor, which will be provided to the AGENCY. Photographs
will be labeled when necessary to determine location of work.
CONSULTANT's observations and inspection of the work is not necessarily an
exhaustive observation or inspection of all work performed by the Contractor.
CONSULTANT does not guarantee the performance of the Contractor.
CONSULTANT's observations shall not relieve the Contractor from responsibility
for performing the work in accordance with the contract for construction
3 1.2 Deficient and Non conforming Work: Should CONSULTANT discover or believe
that any work by the Contractor is not in general accordance with the contract for
construction, or is otherwise defective, or not conforming to requirements of the
contract or applicable rules and regulations, CONSULTANT will bring this to the
attention of the Contractor and the AGENCY. CONSULTANT will thereupon
monitor the Contractor's corrective actions and shall advise the AGENCY as to
the acceptability of the corrective actions. At the advanced approval of AGENCY,
CONSULTANT will issue Correction Notices or Stop Work Notices
3.1.3 Performance and Witness Testing CONSULTANT will attend and witness field
and factory performance tests as specified in the contract for construction.
CONSULTANT will provide off -site fabrication inspectors for off -site fabrication
inspection services. CONSULTANT will coordinate such testing as required by
the AGENCY.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
19
3.1.4 Reaulatory and Third Party Testina and Inspections: CONSULTANT will monitor
the Contractor's coordination of inspection and testing by regulatory and third
party agencies that have jurisdiction over the project.
3.1.5 Subsurface and Physical Conditions: Whenever the Contractor notifies
CONSULTANT or AGENCY of differing subsurface or physical conditions at the
site CONSULTANT will advise the AGENCY as to the appropriate action(s), and
will assist the AGENCY in responding to the Contractor.
Substantial and Final Completion: CONSULTANT will assist the AGENCY with
inspections at substantial and final completion, in accordance with the contract
for construction. CONSULTANT will prepare punch lists of items requiring
completion or correction by Contractor. CONSULTANT shall make a statement to
the AGENCY that to the best of CONSULTANT's knowledge, information and
beliefs, based upon its observation of the work, the project has been completed
in general accordance with the Contract Documents. CONSULTANT will
assemble and submit to AGENCY guarantees and warranties required to be
furnished by the Contractor under the construction Contract Documents.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
20
3 1.6 Field Office: CONSULTANT will staff an AGENCY provided field office on the
project site for purposes of providing inspectors to observe the work of the
Contractor. Office equipment will be provided by the Contractor as specifically
detailed in the construction contract. AGENCY will make scanning and,copying
equipment available at AGENCY Hall for the CONSULTANT's use.
CONSULTANT will provide other equipment necessary to perform their scope.
3.2 Material Testlna and Special Inspection: CONSULTANT will either through its
own personnel, or through the procurement of an independent firm perform or
cause to be performed material testing or specialty inspection required by the
construction contract, the LAG Manual, the Project Specifications and the
Construction Manual. CONSULTANT will review the reports and other
information prepared by the independent firms CONSULTANT will coordinate
the testing firm's schedules and the transmittal of their reports, findings or other
information to the Contractor and /or the AGENCY.
3.3 Technical Field Inspection Structures: CONSULTANT will provide technical
specialists to provide inspection of the contractor's work specifically related to the
retaining walls and structures for this project.
4.0 OFFICE ENGINEERING SERVICES
4.1 Engineerina Design Support: CONSULTANT will provide written responses to
the Contractor's request for interpretation or clarification of the contract
documents.
4.2 Submittals: In accordance with the Project Specifications, the Construction
Manual and the LAG Manual, as well as the WSDOT generated Record of
Materials (ROM), and subsequent additions made to the ROM by
CONSULTANT, CONSULTANT will coordinate with the design team for the
reviews of the Contractor's shop drawings, samples, and other submittals
CONSULTANT will log and track shop drawings, samples, and submittals.
CONSULTANT's review of shop drawings, samples, and submittals shall be for
conformance with the design concept and general compliance with the
requirements of the contract for construction Such review shall not relieve the
Contractor from its responsibility for performance in accordance with the contract
for construction, nor is such review a guarantee that the work covered by the
shop drawings, samples, and submittals is free of errors, inconsistencies, or
omissions.
CONSULTANT will provide project administration in accordance with the LAG
Manual for other requirements including: Equal Employment Opportunity and
Monthly Utilization Reports, Prevailing wage verifications and interviews, and
Disadvantaged Business Enterprise and Training Goals.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
21
4.3 Reauests for Information: CONSULTANT will review the Contractor's requests for
information (RFIs) or clarification of the plans and specifications for construction.
CONSULTANT will coordinate such review with the design team and with the
AGENCY as appropriate. CONSULTANT will coordinate and issue responses to
the RFIs. CONSULTANT will log and track the Contractor's RFIs.
Any requests, submittals or changes that materially change the intent of the
design will be approved by the engineer of record. This scope assumes the
AGENCY has contracted directly with the engineer of record for this service.
CONSULTANT will assist the AGENCY in reviewing and responding to the
Contractor's requests for substitution of materials and equipment. CONSULTANT
will review such requests and will advise the AGENCY as to the acceptability of
such substitutions.
4.4 Record Drawinas: CONSULTANT will periodically review the Contractor's redline
set of contract plans and use this information to produce a full size mylar Record
Drawing for the AGENCY. CONSULTANT will rely upon the information
supplied by the Contractor and will periodically review the supplied information
for conformance to the project specifications. CONSULTANT makes no warranty
regarding the accuracy of record drawings or survey information provided by the
Contractor. The AGENCY will provide the CONSULTANT the original design
drawings as prepared for bidding in AUTOCAD format at the commencement of
this contract.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
22
5.0 PROJECT MANAGEMENT COORDINATION
5,1 Invoicing: CONSULTANT will prepare and submit monthly invoices to the
AGENCY for payment. Each invoice will identify the current financial status of
the project budget.
5.2 Communication Meetings w /AGENCY. CONSULTANT will keep the AGENCY
advised of the progress of the construction. This includes submitting monthly
progress reports to the AGENCY and holding periodic meetings and
consultations with the AGENCY.
5.3 Public Coordination Website Information: CONSULTANT will assist the
AGENCY in maintaining the AGENCY's website for current construction activity
and upcoming activities via transmittal to the AGENCY of weekly construction
updates. The CONSULTANT will respond to calls from the public regarding
project status or issues. The CONSULTANT will prepare flyers for distribution to
the public on construction and traffic control activities. The CONSULTANT will
assist the AGENCY in reproduction and mailing of the flyers. The CONSULTANT
will attend public meetings if requested by the AGENCY.
During the course of construction, the CONSULTANT will make one -on -one
property owner contacts as needed to coordinate work, provide information and
address concerns and issues.
5.4 CONSULTANT's Personnel at Construction Site:
The presence or duties of CONSULTANT's personnel at a construction site,
whether as onsite representatives or otherwise, do not make CONSULTANT or
CONSULTANT's personnel in any way responsible for those duties that belong to
AGENCY and /or the contractors or other entities, and do not relieve the
contractors or any other entity of their obligations, duties, and responsibilities,
including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all
portions of the construction work in accordance with the construction Contract
Documents and any health or safety precautions required by such construction
work.
CONSULTANT and CONSULTANTS's personnel have no authority to exercise
any control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
The presence of CONSULTANT's personnel at a construction site is for the
purpose of providing to AGENCY a greater degree of confidence that the
completed construction work will conform generally to the construction
documents and that the integrity of the design concept as reflected in the
construction documents has been implemented and preserved by the
contractor(s). CONSULTANT neither guarantees the performance of the
contractor(s) nor assumes responsibility for contractor's failure to perform work in
accordance with the construction documents.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
23
6.o ADDITIONAL SERVICES
Potential Additional Services include:
6.1 Performance of traffic signal testing.
6.2 Surveying services.
6.3 Services related to damages caused by fire, flood, earthquake or other acts of
God.
6.4 Services related to warranty claims, enforcement and inspection.
6.5 Preparation for and serving as a witness in connection with any public or private
hearing or other forum related to the project.
6.6 Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the AGENCY.
6.7 Services extending beyond the term of this scope (beyond February 2012) or in
excess of the total hours estimated based on the assumptions provided in the
"General" section of this scope.
6.8 Other supplemental services related to the project as requested by the AGENCY.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
24
Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency The format and standards to
be provided may include, but are not linnted to, the following:
1. Surveying. Roadway Design Plans Preparation Section
A. Survey Data
B Roadway Design Files
C. Computer Aided Drafting Files
D. Specify the Agency's Right to Review Product with the Consultant
E. Specify the Electronic Deliverables to Be Provided to the Agency
F. Specify What Agency Furnished Services and Information Is to Be Provided
II. Any Other Electronic Files to Be Provided
1I1. Methods to Electronically Exchange Data
A. Agency Software Suite
B. Electronic Messaging System
C File Transfers Format
DOT Form 140 -089 EF Exhibit G
Revised 6/05
25
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 "F" attached hereto and by this reference made
part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month
period and shall be subject to negotiation for the following twelve (12) month period upon request
of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or
subsequent twelve (12) month periods within ninety (90) days after completion of the previous
period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the
AGENCY shall be utilized. 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.
2. Direct Non- Salary Costs: Direct Non Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel,
printing, long distance telephone, supplies, computer charges and 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 shall 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 10% of the Total Amount Authorized as shown in the
heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown
in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be made in accordance with
Section XIV, "Extra Work."
DOT Form 140 -089 EF Exhibit D -3
Revised 3/09
26
4 Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of
this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount
Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not
include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum
amount payable is guaranteed under this AGREEMENT
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- salary expenses. To provide a means of verifying the
billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee
interviews. These interviews may consist of recording the names, titles, salary rates, and present
duties of those employees performing work on the PROJECT at the time of the interview.
6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit, all required adjustments will be made and reflected in a final
payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT
has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
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 receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception. if any litigation, claim or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three (3) year period, the cost records and accounts
shall be retained until such litigation, claim, or audit involving the records is completed.
27
Exhibit E
Consultant Fee Determination Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Discipline or Job Title Hourly Overhead Profit Rate
Rate 1 3114 .32 Per Hour
Project Manager 65 00 85.24 20.80 171.04
Resident Engineer 58.00 76.06 18.56 152.62
Asst Resident Engineer 42 00 55.08 13.44 110.52
Inspector /Documentation 39 00 51.14 12 48 102.62
Public Coordination 36.00 47.21 11.52 94.73
Project Advisor 78,00 102.29 24 96 205.25
Environmental Compliance 46.00 60.32 14.72 121.04
Senior Engineer 72.00 94.42 2104 189.46
Engineer 52.00 68.19 16.64 136.83
Junior Engineer 39 00 51.14 12.48 102.62
Clerical 29 00 38.03 9.28 76.31
0.00 0.00 0.00
0.00 0,00 0 00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
DOT Form 140 -009 EF Exhibit E -2
Revised 6/05
28
TUK W ILA URBAN ACCESS IMPROVEMENTS
EXHIBIT E -2
CLASSIFICATION Total Hours Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec tan I Feb I Hrly Rate I Total Lab: HILL
Core Team 1 1 1 1 1 l I l i 1
Project Manager 1 1534 4 1 110 160 I 160 100 80 80 80 80 80 100 100 100 100 1 100 I 100 5171041 5262,370 36
Resident Engineer I 2170 1 62 173 173 173 173 173 173 173 173 173 173 173 173 16 16 5152 621 5332185.40
Asst. Resident Engineer I 2175 168 173 173 173 173 173 173 173 173 173 173 173 80 24 5110.52 i 5240,381.00
Inspector /0060mentation 1 2074 10 121 173 173 173 173 173 173 173 173 173 173 173 40 5102.62 5212,83388
Inspector /0000mentation 1 1180 30 104 104 104 104 109 104 104 104 104 104 70 90 5102.62 1121,091.60
Public Coordination 300 6 28 56 48 56 10 10 10 10 10 8 40 8 594.73 528.41900
Inspector /Documentation 240 24 24 24 24 24 24 24 24 24 24 5102 62 524,628.80
Environmental Compliance 268 28 24 24 24 24 24 24 24 29 24 24 5121.04 $32,438.72
.Olfc8SUOnort'.
Protect Advisor 112 18 10 10 8 8 8 8 8 8 8 16 2 5205 25 522,988.00
Senior Engineer 316 5 16 40 40 40 40 40 90 30 20 5 1189 46 559,869.36
Engineer 638 10 30 80 80 80 80 80 80 80 32 6 5136.83 587.297.54
Junior Engineer 468 3 20 60 60 60 60 60 60 60 20 5 1102.62 548,026.16
Clerical 308 10 22 22 22 22 22 22 22 22 22 22 22 22 12 12 10 576.31 523,503.48
SecOndShilt Team Asst. Resident Engineer 1005 20 40 40 40 173 173 173 173 173 511052 5111,072.60
Inspector /0007ment460n 1038 173 173 173 173 173 173 $102 62 5106.519.56
Inspector /Documentation 519 173 173 173 510262 553,259.78
Inspector /Documentation 519 173 173 173 5102.62 $53,259.78
TOTAL CH2M HILL LABOR 51,819,150.02
SUBCONSULTANT (KRAZAN ASSOC) $150.487.00 I
COPIES, CELL PHONES, COMPUTERS, VEHICLES 550,000.00 1
MYLARS $4.500.001
TOTAL CH2M HILL LABOR EXPENSES 52,029.137.02 1
29
EXIII[sr r-
June 22, 2010
Mark Johnson
CH2M Hill, Inc.
1100 112` Ave NE
Bellevue, WA 98004 -4511
RE: CH2M Hill, Inc. Overhead Schedules
Fiscal Year End December 31, 2009
Dear Mr. Johnson.
On June 22, 2010, as a WSDOT representative, I performed a desk review of
your proposed Fiscal Year End December 31, 2009, Overhead Schedule. I have
also completed an analytical review of information provided to me by your firm
and from your web page.
The overhead schedule was audited by KPMG, LLP, for compliance with Part 31
of the Federal Acquisition Regulations. KPMG, LLP, accepted an overhead rate
of 131.14% of direct labor.
The reviewed data included, but was not limited to, the schedule of the indirect
cost rate, a description of the company and their accounting system, and the
basis for CH2M's accounting and indirect costs.
Based on my review of the Audit Report from KPMG, I am issuing this letter of
concurrence establishing CH2M Hill, Inc.'s overhead rate for the year ended
December 31, 2009, at 131.14% of direct labor. (This rate includes facilities
capital cost of money.)
Please check with the WSDOT Consultant Services Office (HQ) and /or the
WSDOT Area Consultant Liaison to determine when this rate will be applicable to
your WSDOT agreement (s). (If this is for WSDOT projects
30
Mr Johnson
June 22, 2010
Page 2
If you or any representatives of CH2M Hill, Inc. have any questions, please
contact Steve McKerney, Jeri Sivertson, or Martha Roach at (360) 705 -7003
Sincerely,
Martha S. Roach
Agreement Compliance Audit Manager
MR:ds
Enclosure
cc: Steve McKerney, Director of Internal Audit
Jeri Sivertson, Assistant Director of Internal Audit
Kyle McKeon, MS 47329
Rick Griffith, MS 47323
Meg Blau, MS NB82 -112
Michael Waits, City of Tacoma
Kathy Hanna, CH2M Hill, Inc. Tacoma, WA
Geraldine Driver, CH2M Hill, Inc. Bellevue, WA
File
31
CH2h1 HILL, INC.
(A `'`'holly Owned Subsidiary of
CH2M HILL. Companies, Ltd.)
Schedule of Single Firm Wide Indirect Cost Rate
''car ended December 31, 2009
General Total
ledger Adjustments claimed Comments
Payroll taxes and fringe benefits
Payroll taxes S 47.483.63 624,168 48,107.431 14
Vacation, holiday, and sick pap 78.321,033 78,321.033
Group insurance and miscellaneous 62 ,875,304 (2,447,599) 60.427,765 1, 2
Pension Pl an 12,537,638 1,555,532 14,093,170 3
201,217,298 (267,899) 200.949.399
General and administrative expenses:
Indirect salaries 197,453,657 (15,151) 197,438.506 111, 13
Incentive and retirement pay 16,251,680 10.01 1,239 26.862,919 1. 111, 17
Buildings and equipment 118,609,168 5,212,307 123,821,495 4, 13
Tines licenses, mid insurance 79.89) 960 (58,487,047) 21,406,913 1, 13, 15
Professional sen ices (6,490,254) (4,457,6081 110.947,862) 1, 5, 13
Travel and subsistence 17,627,516 (4.381,905) 13,245.611 1, 13
Oftice suppluw 19,624,209 (10,812,840) 8,811,369 1.13
Professional education 4,377,684 (1,097,109) 3,280,575 I, 13
Recruiting costs 10.872,197 (3,423,3(11) 7. 448.896 1
Printing and computers 1,095,630 1,095,630
Home office and intermediate allocations (67,710,579) (39,593.727) (107,304,306) 5, 6, 7..8. 9, 10. 11. 12, 14
391,6(14,888 (1(16,445,142) 285,159,746
Total indirect expenses 5 592,822,186 (106,713,041) 486,109,145
Direct labor costs (base) S 371,892,024 13
Indirect cost rate 13(1 786
Fat iii ties capital cost of money mu! (note S) (1 436%
Comments.
I Unallowable costs removed per the Federal Acquisition Regulation (FAR) Part 31.
2. Postretirement benefits adjustments per the FAR and the Cost Accounting Standards.
3 Pension cost adjustments per the FAR and the Cost Accounting Standards.
4 Adjustment to reverse amortization nfdeferred gain on sale of Corvallis and Denver office buildings.
Costs are limited to the ctutstructive costs ofownership (note 8).
5 Credit to offset overhead expenses with incomdreimburscinent received and remove overhead
charges to affiliates, per FAR 31.201_5
6. Holding company allocation from CH2M HILL Companies, I.td.
7 Allocation from CH2M HILL Group Management Home Office.
8 Adjustment inade 10 Until costs to the constructive cost of ownership
9 Adjustment to add directly allocable costs from affiliates.
10 Adjustment made )br FAR compensation limits.
II Adjustment made to remove unallowable/unclaimed projects.
12. Adjustment made to remove fringe benefits allocated to 0 unallowableunclainied projecl5.
13 Adjustment to reclassify overhead warranty costs to direct per CAS disclosure statement.
14 Adjustment made to remove net asset charge (N AC) allocation,
1 S Adjustment made In self- insured professional liability to align to projected average Tosses per CAS 410
16. Adjustment made for self insured workers' compensation costs to projected average loss per CAS 416.
17. Adjustment made Io add incentive compensation paid.
See accompanying notes to Schedule of Single Finn Wide Indircit Cost Rate.
3
('OMPANI' CONFII>ENTIAI AND PROPRII3'I'ARY
32
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT.
Krazan &AssnclAtes_will c_onsinct materials testing (apyre,Aite, snil, concrete and nsphnit)
DOT Form 140-089 EF Exhibit G
Revised 6/05
33
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
Project: Tukwila Urban Access
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Lead Inspector 1300 x $23.55 30,615.00
Sample Pickup (2 hr for ea) 70 x $13.73 961,10
Report Preparation 65 x $15.69 1,019 85
Project Manager 65 x $35 31 2,295.15
x
x
Total DSC 34,891.10
Overhead (OH Cost including Salary Additives)•
OH Rate x DSC of 122.90% x 34,891.10 42,881.00
Fixed Fee (FF):
FF Rate x DSC of 32.00% x 34,891 10 11,165.00
Reimbursables:
Mileage: 13200 miles $0.500 per mile (2010 rate, est.) 6,600.00
Photographs, reproductions, misc. expenses
Off -site Materials Testing 54,950 00
Grand Total 150,487.00
Prepared By: Kriznn Associares Date: November 39, 2010
DOT Form 140 -063 EF Exhibit G -1
Revised 6/05
34
Exhibit G-3-
Breakdown of Subcoonsultants Overhead Cost
I Account Title Beginning Total of Direct Labor
I Direct Labor 13,949,173 100 00%
Payroll Taxes and Fringe Benefits.
Payroll Taxes 1,402,979 10.06%
I Vacation Holiday, and Sick Pay 503,376 3.61%
I Group Insurance and Miscellaneous 1,477,638 10 59%
ESOP Contribution 418,475 3.00%
Pension Plan 21,157 0,15%
Total Fringe Benefits 3,823,625 2741%
General and Administrative Expenses:
Indirect Salaries 3,803,397 27 27%
Incentive and Retirement Pay 502,919 3.61%
I Buildings and Equipment 2,208,476 15.83%
Taxes, Licenses, and Insurance 533,269 3.82%
Professional Services 2,192,227 15 72%
Travel and Subsistence 1 2,456,177 17 61% I
Office Supplies Expense 1 669,889 4.80%
Professional Education 1 245,387 1.76%
I Recruiting Costs 124,322 0.89%
Printing and Computers 579,388 4.15%
I Total General Overhead 1 13,315,451 95.46% I
1 Total Overhead (General Fringe) 1 17,139,076 I 122.87% I
Overhead Rate (Total Overhead Direct Labor) 1 122.9% 1
DOT Form 140 -039 EF Exhibit G -2
Revised 6105
35
KA Proposal No. P10674WAB
November 23, 2010
Page 1 of 1
Attachment B.1
Testing Services
Tukwila Urban Access Improvement Project
Southcenter Parkway Strander Boulevard
'Tukwila, WA
ON, '1.:<
'.i�E_S :(T�:I:k',- '�I;.° °YES 'T'S 1C)`>:''; r:
Concrete Laboratory Rates
Compression Samples 1 n/a J 240 each $20.00 $4,800.00
Shotcrete Panel J n/a 1 20 each $100.00 $2,000.00'
Lean Mix Compression Samples 1 n/a 40 each $25.00 $1,000.00
Aggregate Soil Laboratory Rates
Proctor Value 1 rila 10 each $200.00 $2,000.00
Sieve Analysis n/a 30 each $100.00 $3,000.00
Sand equivalent n/a 10 each $90.00 $900 00
Degradation Value n/a 10 each $125.00 $1,250.00
LA Abrasion n/a 1.0 each $200.00 $2,000.00
Fracture Face n/a 10 each $75.00 $750,00
Organic Content n/a 10 each $150.00 81,500.00
Moisture Content n/a 25 each $5.00 $125.00
Specific Gravity (Fine or Coarse) n/a 10 each $75.00 $750,00
(Accelerated Expansion of Aggregate n/a 1 each $300.00 $300.00
Atterberg Limits n/a 10 each $90.00 $900.00
Hydrometer Analysis n/a 5 each $125.00 $625.00
Direct Shear (MSE wall backfill) n/a 5 each $300.00 $1,500.00
(Soundness (Fine or Coarse) n/a 4 each 8300.00 $1,200.00
Uncompacted Void Content n/a 4 each $150.00 $600.00
Flat Elongated Pieces n/a 4 each $75.00 $300.00
Asphalt Laboratory Testing
Extraction- gradation Analysis n/a 28 each $300.00 $8,400.00 I
(Mix Design Verification (Superpave-. virgin agg) n/a 1 each $3,500.00 $3,500,00
Superpave Pills (Air void, Unit Weight Rice) n/a 28 each $600.00 1 $16,800.00
Core Analysis (Thickness SG) n/a 10 each $75.00 1 $750.00
NOTES: This cost estimate is based on the scope of work and assumptions outlined in our proposal. number
P10674 WAB dated November 23, 2010 which are inclusive by reference. A four -hour minimum charge, portal -to-
portal charge applies to all inspections. Costs for construction testing and inspection services are highly dependent
on contractors schedule; weather, overlapping of work and other factors. Therefore the quantities listed in our cost
estimate should be considered approximate. Krazan Associates does not control the work or production rate.
Therefore, the estimate provided above does not imply a lump sum fee, not -to- exceed fee or guaranteed maximum
price This cost estimate does not include overtime, retests, or change in conditions or schedule.
Krazan Associates, Inc.
With Offices Serving the Western United States
3 6
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_ Coinpliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non discrimination. The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly to the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS
3. Solicitations for Sub consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub contract, including procurement of materials or leases of equipment, each potential sub
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non discrimination on the grounds of race, color,
scx, or national origin.
4 Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non- compliance. In the event of the CONSULTANT'S non compliance with the non-
discrimination provisions of this.AGREEIvIENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to
Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and /or;
Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/05
37
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub consultant or procurement as the AGENCY, STATE or FHWA may direct as a
nieans of enforcing such provisions including sanctions for non- compliance
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
38
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 Stun Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the tune of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6105
39
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care in addition, it will establish a uniform method for the resolution
andior cost recovery procedures in those instances where the agency believes it has suffered some material damage
clue to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s) For federally fumcicci projects, the Region Highways and Local Programs
Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or
Agency Engineer may appoint an agency staff person other than the project manager, who has not been
as directly involved in the project, to he responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with thc
Director of Public Works or Agency Engineer's concurrence, the protect manager obtains more detailed
documentation than is normally required on the project. Examples include. all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design crror(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub- consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After thc meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). I f
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design crror(s) occurred. If this
is the case then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would he reduced from the consultant's agreement
with the agency for the services on the project to which
the design error took place. The agency is to provide i[&LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6/05
40
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements No
further action is required
There is not a mutual agreement regarding the alleged consultant design error(s). fhe
consultant may request that the alleged design error(s) issue he forwarded to
the Director of Public Works or Agency Engineer for review. If the. Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should he. forwarded
through the Region I [ighways and Local Programs Engineer to H &LP for their review and
consultation with the FHWA. I I &LP will meet with representatives of the agency and the
consultant to review the alleged design error(s), and atternpt to find a resolution to the issue If
necessary, H &LP will request assistance from the Attorney General's Office for legal
interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP. in consultation with FI-IWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
If mutual agreement is not reached, the agency and consultant may sock settlement
by arbitration or by litigation
41
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding clain(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than 1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's 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
clanrn by the consultant
Step 1 Consultant Files a Clain 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 trust be completed is
the request for consideration or the claim to the Agency's project manager
The consultant's claim must outline the following:
Summation of hours by classification tor each firm that is included in the claim,
Any correspondence that directed the consultant to perform the additional work;
Time.frame of the additional work that was outside of the project scope,
Summary of direct labor dollars, overhead costs. profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work_
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
Alter 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 F11 WA 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), raid FIIWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement.
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement andior new agreement and pay the consultant the amount of the claim Inform the
consultant that the final payment for the agreement is subject to audit No further action in needed
regarding the claim procedures
DOT Form 140-089 EF Exhibit K
Revised 6/05
42
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency tngincer that included the following
Copy of information supplied by the consultant regarding the claret;
Agency's summation of hours by classification for each firm that should be included in the
claim;
Any correspondence that directed the consultant to perform the additional work;
Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Review's Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and PI -IWA regarding final settlement of the claim. if the claim is not eligible for federal
participation, payment will need to be from agency funds
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s) Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
43
Exhibit M -1(a)
Certification Of Consultant
Project No
Local Agency City of Tukwila
I hereby certify that I am Timothy Bevan and duly authorized
representative of the firm of CH2M HILL, Inc whose address is
1 100 112th Ave., NE, Suite 400, Bellevue, WA 98004 and that neither 1 nor the above
finn I here represent has
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm, or person in connection with carrying out this AGREEMENT; or.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this ACiREEP/MENT;
except as hereby expressly stated (if any),
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal-aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Nnvember 29, 2010 t/1-•'"'
Date Signature
DOT Form 140 089 EF Exhibit M 1(a)
Revised 6 /05
44
Exhibit Mpg (b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to
(a) Employ or retain, or agree to employ to retain, any firm or person, or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if ariy):
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 Forrn 140 -089 EF Exhibit M -1(b)
Revised 6 /05
45
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters- Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B
Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)
(B) of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
11. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal
Consultant (Firm) CH2M HILL, Inc.
1Ii_ 7
November 29, 20 10 G i J %1✓V'i t'� iii i
(Dale) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M.2
Revised 6105
46
Exhibit M-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1 No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code Any person who
fails to file the required certification shall he subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included. in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly
Consultant (Finn) CI -12M 1 -TILL, Inc
yi
November 29. 2010
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
47
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 m
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 1.5 403 -4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of Tukwila Urban Access Improvement Protect
arc accurate, complete, and current as of November 29, 2010 This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firrn CII2M IIILL,
Name Timothy Bevan
Title e Sr. Client Service i�•1?nager
Date of Execution*** November 29, 2010
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 Form 140 -089 EF Exhibit M -4
Revised 6/05
48
ILA
y Cit of Tukwila
Transportation Committee
TRANSPORTATION COMMITTEE
Meeting Minutes
December 6, 2010 5:00 p.m. Conference Room 1
PRESENT
Councilmembers: Verna Seal, Committee Chair Chair; Joan Hernandez and De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmack, Gail Labanara, Peter Lau, Steve Lancaster and
Kimberly Matej
CALL TO ORDER: The meeting was called to order at 5:00 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. Tukwila Urban Center Access (Klickitatl Proiect: Construction Management
Staff is seeking Council approval to enter into a construction management contract with CH2M Hill, Inc. in
the amount of $2,024,137.02 for the Tukwila Urban Center (TUC) Access Project.
CH2M Hill was chosen from an original list of 11 firms, and final list of four. City staff will provide the
lead on construction management for the Klickitat project, and CH2M Hill will assist with that management
as well as provide the following:
Full -time field engineering
Inspection and documentation compliance support
On -call specialty support staff
The construction management budget is calculated at approximately 20% of the construction contract plus
construction contract contingency. Construction management will also include services provided by HNTB,
WSDOT and City staff. Due to limited Council meetings during the month of December, staff is requesting
this item move forward to the December 13 COW for discussion and special meeting the same evening.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
B. Tukwila Urban Center Access (Klickitat). Supplement Agreement No. 12 with HNTB
Staff is seeking Council approval for Supplement No. 12 with HNTB in the amount of $171,062.
This supplement will provide on -call engineering services during the project's construction phase. This
supplemental agreement will allow the City to retain HNTB as the design engineer during project
construction to secure design reassurance (i.e.: clarification, verification, shop drawings). Due to limited
Council meetings during the month of December, staff is requesting this item move forward to the
December 13 COW for discussion and special meeting the same evening. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND SPECIAL MEETING
IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
III. MISCELLANEOUS
Meeting adjourned at 5:19 p.m.
Next meeting: Pending per 2011 Committee Calendar
2 Committee Chair Approval
Minkes bpgAM. Reviewed by GL.
49
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