HomeMy WebLinkAboutTrans 2014-05-27 Item 2E - Agreements - Interurban Avenue South: Construction Management with Anchor QEA / Supplement #2 to Design Support with KPG IncTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee ii��jj
FROM: Bob Giberson, Public Works Director -f`'
BY: Michael Ronda, Construction Project Manager
DATE: May 23, 2014
SUBJECT: Interurban Avenue South (S 143rd St to Fort Dent Way)
Project No. 90310402
1) CM Consultant Agreement with Anchor QEA
2) On -Call Design Support Services with KPG, Contract No. 13 -028, Supplement No. 2
ISSUE
Execute 1) a contract with Anchor QEA (Anchor) in the amount of $1,078,720.00 to perform construction management
(CM) services and 2) a supplement with KPG, Inc. in the amount of $357,973.00 to perform on -call design support services
for the Interurban Ave S Street Improvement Project.
BACKGROUND
Design for the proposed improvements on Interurban Ave S from S 143rd St to Fort Dent Way began in 2004. The contract
has been bid and awarded to Walsh Construction II LLC and a Notice to Proceed is expected sometime in June. A
Request for Proposals was advertised on February 18 and 25, 2014 and nine CM proposals were received on March 11,
2014. Four consultants were interviewed and Anchor was chosen as the most qualified.
DISCUSSION
Anchor has provided the attached contract, scope of work, and fee estimate to perform the majority of CM services over
the 450 calendar day construction contract. An additional supplement for on -call construction engineering support from
KPG, our design consultant, is also needed. Negotiations for CM services revealed that the expected construction
management budget was underfunded, but with the favorable low construction bid, the overall project budget is sufficient
for the entire project.
FINANCIAL IMPACT
Contracts Budget
Construction Contract (Incl. 15% Contingency) $8,737,508.39 $9,400,000.00
Anchor QEA Construction Management 1,078,720.00 1,300,000.00
KPG On -Call Construction Support Sup No. 2 357,973.00
Tukwila Staff, Field Office Expenses, WSDOT 225,000.00
Potential Utility Conflicts 100,000.00
Storm Quality Retrofit Budget (CIP page 83) 95,000.00
Totals $10,499,201.39 $10,795,000.00
RECOMMENDATION
Council is being asked to approve the CM contract with Anchor in the amount of $1,078,720.00 and Supplement No. 2 with
KPG in the amount of $357,973.00 for the Interurban Ave S Street Improvement Project and consider this item on the
Consent Agenda of the June 2, 2014 Regular Meeting.
Attachments: Selection Matrix
2014 CIP, pages 14 & 83
Anchor QEA Contract
KPG Supplement No. 2
W:1PW EngIPROJECTS1A- RW & RS Projects \Interurban Ave S (90310402)1Consultant SelectionlInfo Memo CM Anchor & KPG.docx
49
IU Roadway CM Consultants -
Final Selection
Submitter
40% 1 60% 1' 0 %:'
100%
Ranking
319
311
536
0
531 0
316 495 0
317 476 0
1
2
3
4
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Interurban Ave S (S 143 St - Fort Dent Way) Project No. 90310402
DESCRIPTION: Design and construct sidewalks, pavement restoration, drainage, and lighting.
JUSTIFICATION: Pedestrian traffic is forced to walk in traveled way, lighting is substandard, drainage is poor and
pavement failure is accelerating.
STATUS: Completed final design in 2013. Construction scheduled for 2014.
MAINT. IMPACT: Reduce annual pavement repairs and increase pedestrian safety.
COMMENT: Federal Hwy STP Grant of $389,000 for design. State TIB grant of $5m, Federal STP grant of
$2.145m, and developer mitigation of $550,000. City Bond for $3.465m in 2014.
FINANCIAL Through Estimated
(in $000's)
2012 2013 2014
2015 2016 2017 2018 2019 BEYOND TOTAL
EXPENSES
Design
466
349
815
Land (R/VV)
111
111
Const. Mgmt.
1,300
1,300
Construction
9,400
9,400
TOTAL EXPENSES
466
460
10,700
0
0
0
0
0
0
11,626
FUND SOURCES
Awarded TIB Grant
389
5,000
5,389
Awarded STP Grant
2,145
2,145
Mitigation
550
550
Bond
3,465
3,465
City Oper. Revenue
77
460
(460)
0
0
0
0
0
0
77
TOTAL SOURCES
466
460
10,700
0
0
0
0
0
0
11,626
2014 - 2019 Capital Improvement Program
14
51
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Storm Water Quality Retrofit Program Project No. 91241202
DESCRIPTION: Design and install water quality vaults at selected drainage locations throughout the City.
JUSTIFICATION: NPDES permit requirements to improve water quality.
STATUS: Two candidates have been identified; water quality vaults (WQV) for 48th Ave S and S 122nd St.
MAINT. IMPACT: Expected to increase maintenance.
COMMENT: Combine with other CIP projects for design and construction, where feasible. Additional water quality is
being added to Interurban Ave S in 2014 and 42nd Ave S in 2015.
FINANCIAL Through Estimated
(in $000's)
2012 2013 2014
2015 2016 2017 2018 2019 BEYOND TOTAL
EXPENSES
Design
15
15
15
15
15
15
15
105
Land(R/W)
0
Const. Mgmt.
15
15
15
15
15
15
15
105
Construction
80
80
80
80
80
80
80
560
TOTAL EXPENSES
0
0
110
110
110
110
110
110
110
770
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
0
110
110
110
110
110
110
110
770
TOTAL SOURCES
0
0
110
110
110
110
110
110
110
770
Project Location:
Entire System
2014 - 2019 Capital Improvement Program
83
52
Local Agency
Standard Consultant
Agreement
Architectural/Engineering Agreement
Personal Services Agreement
Agreement Number
Consultant/Address/Telephone
Anchor QEA, LLC
720 Olive Way, Suite 1900
Seattle, WA 98101
(206) 287-9130
Federal Aid Number
STPUL-1045(007)
Agreement Type (Choose one)
0 Lump Sum
Lump Sum Amount $
Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method
El Actual Cost
Actual Cost Not To Exceed
0 Fixed Overhead Rate
Fixed Fee $ 87,643.45
0 Specific Rates Of Pay
13 Negotiated Hourly Rate
o Provisional Hourly Rate
O Cost Per Unit of Work
160.94 °/
Project Title And Work Description
Interurban Avenue South Improve en s
Provide Construction Management Services for
roadway improvements from S. 143rd Street to Fort
Dent Way, including walls, storm drainage,
illumination, landscaping, paving, and pedestrian
facilities.
DBE Participation
El Yes No
%
1 Federal ID Number or Social Security Numbe
160.94 % 91-1851322
0 % Do you require a 1099 for IRS? JCOmPIetiOnDate
0 Yes 41 No December 31, 2015
Total Amount Authorized $ 1,078.720.00
Management Reserve Fund $
Maximum Amount Payable $
1,078,720.00
Index of Exhibits (Check all that apply):
Exhibit A-1 Scope of Work
0 Exhibit A-2 Task Order Agreement
0 Exhibit B-1 DBE Utilization Certification
Exhibit C Electronic Exchange of Data
El Exhibit D-1 Payment - Lump Sum
Exhibit D-2 Payment - Cost Plus
0 Exhibit D-3 Payment - Hourly Rate
0 Exhibit D-4 Payment - Provisional
Exhibit E-1 Fee - Lump/Fixed/Unit
0 Exhibit E-2 Fee - Specific Rates
Exhibit F Overhead Cost
Exhibit G Subcontracted Work
0 Exhibit G-I Subconsultant Fee
0 Exhibit G-2 Fee-Sub Specific Rates
0 Exhibit G-3 Sub Overhead Cost
Exhibit H Title VI Assurances
Exhibit I Payment Upon Termination of Agreement
Exhibit J Alleged Consultant Design Error Procedures
Exhibit K Consultant Claim Procedures
0 Exhibit L Liability Insurance Increase
Exhibit M-la Consultant Certification
Exhibit M-lb Agency Official Certification
Exhibit M-2 Certification - Primary
Exhibit M-3 Lobbying Certification
Exhibit M-4 Pricing Data Certification
0 App. 31.910 Supplemental Signature Paqe
THIS AGREEMENT, made and entered into this day of
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
Revised 09)2013
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WITNESSETH THAT:
WHEREAS, the AGENCY desires to accornplish 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 fuimish Consulting services to the AGENCY,
NOW THEREFORE, in consideration ofthe terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I 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 n[ effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part ofthis AGREEMENT.
III General Requirements
All aspects of coordination of the work of this T with outside agencies, groups, or ind iduals sha { 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 be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall preparea monthly progress report, in a form approved by the AGENCY which wiJl outline in
written and graphical form the various phases and the order ofperformance ofthe 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 carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprise (DBE), ifrequired, 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. 1fD/M/WBE firms are utilized, the amounts authorized »m each finnand their certification number will hc
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DDE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Prograrn 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, PG data furnished furnished to the CONSULTANT hy the AGENCY shall be returned. Alt
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, documents, and other work products, including alt electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property ofthe AGENCY Reuse by the AGENCY or by others, acting through or on behalfofthe 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 terms of this AGRE
AGENCY.
ENT until authorized in writing by the
All work under this AGREEMENT shall be completed by the date shown in the heading ofthis AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to 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 perfoi wed 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.
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 perrnits 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 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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55
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are or have been at any time during the period of the contract, in the employ
of the United States 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 49.60.180
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 be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the 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 the 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 the 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 the 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 the 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 of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the 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 in 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
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State 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 CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY 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 RCW 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, if any, 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 written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of
one million dollars ($1,000,000) per occurrences and two million dollars ($2,000,000) in the aggregate for each
policy period.
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 wi)! 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 STAT 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 at any time by written order, make changes within the general scope ofthe AGREEMENT in
the services to be performed.
B. Ifany such change causes an increase or decrease in the estimated cost of, or the tirne required for, performance of
any part ofthe work under this AGREEMENT, whether or not changed by the order, or othenvise affects any other
terms and conditions ofthe AGREEMENT, the AGENCY shall make an equitable adjustment iui the (1) niaximum
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 for equitable adjustment", hereafter referred to as "CLAIM", under
this clause within thirty (30) days from the date ofreceipt ofthe 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 agr e to any adjustmen shafl be a dispute under the Disputes clause. . However nothing in this claus
shall excuse the CONSLJLTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions ofparagraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by theni.
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.
XVU 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, Suspensiori and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M-3" Certification Regarding the Restrietions ofthe Use ofFederal Funds for Lobbying and Exhibit "M-4"
Certificate ofCurrent Cost or Pricing Data. Exhibit "y&'9" is required only in AGREEMENTS over $)OO.UOO 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 ofeither party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement ootocc(orth6rrrio.Nocbungey. amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposa!, and the supporting material subrnitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all ofthe terms and conditions thereof,
Page 7 of 8
59
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.
By
Consultant Ed Berschinski
DOT
By
Agency
Page 8 of 8
60
Exhibit A-1
Scope of Work — Construction Management Services
for
Interurban Avenue S — S 143rd Street to Fort Dent Way
The following represents the general Scope of Services (Scope) to be performed by Anchor
QEA, LLC (Anchor) during the pre-construction, construction, and closeout of the Interurban
Avenue S — S 143rd Street to Fort Dent Way project (Project), for the City of Tukwila (City). The
project was designed by KPG, Inc. (Engineer), who is under separate contract with the City
during the construction phase of the Project. The services are divided into different categories of
work that represent the chronology of the activities, as well as the types of services provided.
This Scope is intended to reasonably address all construction management services that would
noiinally be anticipated for a project with these types of features.
Task '1 Pre-Construction Services
Subtask 1.1 Construction Document Review
• Obtain from City and become familiar with plans, specifications, property owner
agreements, etc.
• Hold kick off meeting for Anchor project team.
o Design coordination meeting. Following initial review of the contract documents,
Anchor will coordinate with the Engineer and the City to hold a meeting to discuss
the design intent and review findings of any observations made by Anchor or other
parties.
Deliverables
• Meeting notes
Subtask 1.2 Pre-Construction Coordination
• Coordinate with utility companies, City and Engineer to verify progress of relocation
plans.(see Task 3 for utility coordination during construction).
• Coordinate with property owners to establish a project communication link and
develop a contact list.
61
Coordinate with permitting consultant and permitting agencies to understand
enviromnental restrictions and specific compliance oversight needs during
construction.
• Participate in special utility coordination meeting to "re-launch" coordination effort
with City, Engineer and utilities,
Participate in special meeting with City and Contractor prior to formal pre-
construction meeting to establish relationship understanding between parties.
Subtask 1.3 Submittal Review
• Log and track contractor submittals (as outlined in specifications).
• Review contractor submittals for general compliance with contract requirements.
Submittals include general requirements (i.e. Schedule, wage rates) as well as
technical submittals (i.e. shop drawings, catalog cuts, work plans, test reports and
certifications). Submittals will be routed as requested for review by City Water Dept.
staff and/or City/Consultant designers.
• Receive initial Record of Materials (ROM) from the Washington State Department of
Transportation (WSDOT) and update this document (with input from KPG) for use in
tracking required submittals, material testing, and other required. The ROM will be
kept updated by Anchor through the Project.
Deliverables
• Submittal log
• ROM
Subtask 1.4 Conditions Review
• Pre-construction conditions: Document pre-construction conditions, including pre-
construction construction site condition observationss, photographs, and record any
visible property corners.
Deliverables
• Preconstruction photos and/or video
Subtask 1.5 Preconstruction meeting
• Issue invitations and prepare meeting agenda and sign in sheet for eview by the City.
• Attend and Conduct preconstruction meeting.
Prepare and distribute meeting notes to City for initial review, respond to one set of
comments, and distribute to attendees and affected agencies.
62
Deliverables
Preconstruction rneeting agenda and sign in sheet
• Meeting notes
Task 2 Contract Administration Services
Subtask 2.1 Planning
• CM Plan: Prepare a brief project specific Construction Management (CM) plan that
outlines tasks, staff responsibilities, procedures and forms, documentation methods,
safety procedures and communication links. The CM Plan will be submitted to the
City for review and comment, and finalized based on comments received.
Deliverables
• CM Plan — Draft and Final, with forms.
Subtask 2.2 Records Management
• Documentation: Utilize CM Team established project specific documentation
management system (based on City core process) for maintaining project records and
tracking multiple party review/approval documents. Documents include submittals,
Requests for Information (RFI's), change orders, inspector test reports, materials
testing lab reports, meeting notes, project photographs and other data and general
correspondence.
• Liaison: Act as owner's representative/liaison for all daily coordination and
communication to contractor, as well as that from other agencies, other contractors
(adjacent projects), and other third parties that occurs during the course of the project.
• Correspondence: Prepare draft response on behalf of City to formal project
construction correspondence from the contractor requiring responses.
• Construction Status Reports: Prepare and transrnit monthly contractor requests for
payment and construction status reports. Status reports shall be brief but include
project progress with respect to critical timelines, budget status and identification of
any issues that may affect schedule or budget. Report will include an "executive
summary" and representative photos suitable for posting on City website.
• Electronic files: The City will provide access to a server, with password protection,
for storage of all files. The organization of those files will be defined in the CM Plan.
The City will retain ownership of the server throughout the project. Anchor will
provide needed laptops for assigned staff.
63
• Hard copy files: A project file index and structure will be developed, as part of the
CM Plan, and used to setup and organize the project files in the field office and
decide on project related forms. Most records will be scanned for current use.
Deliverables
• Project Documentation System (Files)
Tracking logs for correspondence
• Draft letters
• Status reports
Subtask 2.3 Progress Payments
• Payment: Prepare monthly requests for payment, using an agreed upon spreadsheet
and cover signature page. Provide measurements and verification backup for each
progress payment and submit monthly application for payment to the City for
processing.
Deliverables
Payment spreadsheet with summary/signature page
Subtask 2.4 Federal-Aid Documentation
• Contractor and subcontractor certification(s). For the prime and each proposed
subcontractor, collect information for and verify ability to perform work on the
project, checking debarment list, reviewing request to sublet, certified payrolls , and
other required forms.
• Wage rate interviews. For the prime contractor and each of the subcontractors (as
required), conduct an on-site review of wage rates and verify with actual records on
the Certified Payrolls and compare against the Intent to Pay Prevailing Wages.
• Tracking of DBE, Training, and other required reporting.
• Coordinate with representatives of WSDOT's Highways and Local Programs
throughout the project for compliance with current requirements for federally funded
projects.
• Participate in periodic Pre-Project Management Reviews during the project, and
prepare for and participate in a final Project Management Review with the Client, if
necessary.
Deliverables
• Federal-Aid documentation
64
Subtask 2.5 Permit Coordination
During the construction, conduct periodic reviews of
assess overall perfonnance and general compliance wi
spot checks of reporting infonnation,)
Participate in pre - activity meetings, as appropriate, to discuss permit conditions and
restrictions.
• Aid in the review of sub.
requirements.
Perform periodic /spot check confirmation testing of contractors Compliance with
NPDES discharge permit requirements. Provide a minimum of three QA checks of
their sampling and recording activities.
ractor's operations and
conditions.(lncl tiding
als pertaining
o contractor work plans relating to permit
Task 3 Field Observations /Inspections /Utility coordination
• Activities performed by field engineer /technician.
- Observation: Observe the technical conduct of the contractors work for quality
and compliance with design documents, approved submittals and /or applicable
technical standards. Prepare a daily inspection report and take progress
photographs.
— Observation e Utilities: Observe and coordinate utility relocations during
construction
- Interpretations: Provide day to day interpretation of contract requirements and
respond to contractors questions including resolution of minor issues.
- Materials Testing: Perform, or cause to be perfoi Hied, sampling and testing of
materials to be incorporated into the project. Witness leak testing performed by
contractor and verify purity testing. Other materials testing by sub - consultant, see
Task 8). All city utility test results will be observed by or submitted for
acceptance by City utility personnel.
- Measurements; Perform or cause to be performed field measurements to
determine excavation quantities, trench backfill and placement limits, etc. as well
counts or other measurements to verify units for pay requests and conformance
with project requirements.(Quantity verification surveys may be done by sub -
consultant, see Task 7).
- Field Changes: Facilitate minor field changes to circumvent change orders due to
obstructions or other unanticipated conditions. Coordinate with design engineer
for any changes that may impact project cost or time. (See Task 4).
65
- Communications: Maintain primary day to day communications with the
contractor and keep the construction manager informed of activities. Receive
comment from neighboring property owners and the general public and provide
responses for questions and concerns,
- Check for contractor compliance with requirements for traffic control and notice
requirements with city and WSDOT when disconnecting loops.
- Participate in weekly project meetings.
- Force Account (FA) Work: Provide field observation, document work and track
inclusion of required records.
Note: Assumes a 450 calendar day construction contract duration with a minimum of 1
RE /inspector on site full -time for each day of scheduled work. For budgeting purposes,
on full -time inspector with supplemental assistance is assumed.
Products
• Inspection Daily Reports
• Field Sketches and Measurements
• Progress photos
• FA documentation
Task 4 Construction Engineering /Change Orders /Field Directives
• Respond to questions related to site engineering, coordinating with the Engineer, as
needed.
• Evaluate contractor proposed revisions or substitutions.
• Change Orders (CO): Prepare calculations, drawings, cost estimates and justification
for minor change orders (MCO) and significant change orders for approval by City.
This includes coordination with Engineer for input regarding design changes and cost
estimating (as appropriate). Negotiate change orders with the contractor and
incorporate into the project.
Field Directives (FD): Prepare documentation for field directives to modify or clarify
the design (includes communication with design team)
Deliverables
• Change order four's
• Field directive documents
66
Note: For costing this scope we have assumed up to 20 minor change orders hours
per CO and 2 significant change orders (20 hour per CO) and up to 50 field
directives (4 hours per directive)
Task 5 Site Visits/Meetings
• Periodic site visit by construction manager in combination with conducting a weekly
coordination meeting with the contractor. Prepare agenda and notes of meetings,
including tracking of action items.
Deliverables
• Meeting notes with action items.
Task 6 Record Drawings
• Record Drawings: Provide a set of redline mark-up drawings that include any field
changes that represent the final configuration of facilities and consolidate these mark-
ups into the contractors mark-up drawing set if not previously included.
Review the Contractor set of official Record Drawings on a monthly basis. The
Contractor set of Record Drawings will be the official set of Record Drawings.
Deliverables
• Record Drawings
Task 7 Surveying
• The following activities will be performed by Anchor QEA or by the Engineer (as
needed):
- Provide visual spot checks of contractor's alignment, grade cuts, elevations, etc.
as a quality control check and only use ri party surveyor if questionable issue.
- Provide cross sections of cuts and fills to check quantity calculations for payment.
Deliverables
• Survey Reports (for surveys provided by the Engineer
67
Task 8 Materials Testing
Provide tests of materials for compliance with contract requirements for gradation,
compaction, strength. etc. (as needed to verify conformance with contract
requirements)
Deliverables
• Test Reports
Note: Anchor will review test esults for compliance with the project specifications.
Task 9 Project Closeout
Substantial Completion. At substantial completion, coordinate with City and affected
utilities to compile a punchlist of remaining work. This punchlist will be included in
the Certificate of Substantial Completion, which will be agreed to with the City and
then issued to the Contractor.
Physical Completion. Coordinate with the City and Contractor to track progress
towards physical completion.
Records transfer. Compile all project documentation, per the file structure and other
agreed to organization to be outlined in the CM Plan, and transfer project records to
the City. All electronic data will be stored on the City's server and will not require
any separate transmittal.
Deliverables
Certificate of Substantial Completion and punchlist
• Certificate of Physical Completion
Final project records — hard copy only
Task 10 Project Management
• Review staffing levels on a continuing basis to maintain proper staff levels at efficient
costs,
Comrnunicate with field staff on a daily basis to provide guidance and general
consultation
• Coordinate with subconsultants for needed services.
• Review monthly expenses and prepare invoicing and related progress reports of
services provided, and submit to the City.
Participate in weekly meetings and conduct regular communications with the City
Deliverables
68
• Monthly invoices with progress reports
Task 11 Optional Additional Services
Provide performance tracking of "license to construct" commitments and "day to
day" field contact with property owners affected by the construction
Provide a designated outreach to franchise utilities and performance tracking of
relocation activities
Prepare for and participate in Project Management Review with WSDOT local
programs
Exclusions
Anchor shall assume no responsibility for proper construction techniques and jobsite safety. The
presence of Anchor personnel at the construction site is for the purpose of providing the City a
greater degree of confidence that the work will generally conform to the contract documents and
that the integrity of the design concept as reflected in the Contract Documents has been
implemented and preserved by the construction contractor. Anchor will endeavor to protect all
parties against defects and deficiencies in the work of the contractor(s) but cannot guarantee the
contractors performance and shall not be responsible for construction means, methods,
techniques, sequences of procedures, or for safety precautions and programs in connection with
the work perfoi tiled by the construction contractor or any subcontractors.
Estimated Costs
A detailed breakdown of labor and cost estimates by task is provided in the accompanying
budget spreadsheet. Note that labor hour breakdowns by subtask are included in the spreadsheet.
However, we have only used the subtask designation to explain the basis for our budget
estimates, and have anticipated that we would track and bill costs at the Task level, not at the
subtask level.
69
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 limited to, the following:
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
Conciiltant to provide PDF, Word, and F,xcel filec riming the project
DOT Form 140-089 EF Exhibit C
Revised 10/2013
70
III. Methods to Electronically Exchange Data
Flectrnnin files tn he stnred nn a City provided server
A. Agency Software Suite
iv1irrognft Office
B. Electronic Messaging System
n/a
C. File Transfers Format
n/a
DOT Form 140-089 EF Exhibit C
Revised 10/2013
71
Exhibit D-2
Payment (Cost Plus a Fixed
The CONS 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 specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of
48CFB Part 3\.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis ofthe
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non-salary costs, and fixed fee.
Direct Salary Costs: The Direc Salary Cos is the direc salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfihI the terms ofthis AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are
included as such on the books of the CONSIJLTANT in the normal everyday
keeping of its books. Progr ss payments shall be made at the rate shown in the
heading of this AGREEMENT under "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading ofthe
AGREEMENT. The two options are explained as foliows:
a. Fixed Rate: Ifthis method is indicated in the heading ofthe AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rat shall not change during the life ofthe
AGREEMENT.
b. Actual Cost: ][ this method is indicated in the heading ofthe AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maximum Tot l Amount Payable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs.
A sumrnary ofthe CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit "E" attached hereto and by this reference made
part ofthis AGREEMENT. When an Actual Cost method is used, the
CONSULTANT (prime and all sub-consultants) will subinit to the AGENCY
within six (6) months after the end ofeach flrm's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures, etc.) for the purpose of adjusting the overhead rate for bi!ling
purposes. It shall be used for the computation of progress payments during the
foliowing year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140-089 EF Exhibit D-2
Revised 6/08
72
Failure to supply this information by either the prime CONSULTANT or any of their sub-
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
The AGENCY, STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S and records at any tirne during regular business hours to deternune
the actual overhead rate, if they so desire.
3. Direct Non-Salary Costs: Direct Costs will be reimbursed at he Actual Cost to
the CONSULTANT. Tbuaochurgcnmuyinc|udc,buturnnut)inoitedtn,thofb|loniug
items: [ravel, printing, long distance telephone, supplies, mputer charges and sub-
000su|tuuiuoo1o.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. Thc CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, tratri, 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
48CFR Part 3l.2n5-46 "Travel Cost
b. The billi for Direc Costs shall inelude an itemized listing of
the charges directly identifiable wh the PROJECT.
c. The CONS shall maintain the 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.
4. Fixed Fee: The Fixed Fee, which represents the CONSI.JLTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee, which could be authorized from the Management Reserve Fund. This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-
hours rcguircdtoperfonuthca1u1edSuopcofnVork.{ntbcevcut the CONSULTANT
enters into a su p|enueutu\ AGREEMENT for additional work, the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed b the CONSULTANT and reported in the Monthly Progress Reports
accompanying tbhiUiogs.AuyportionoftbcFixcdFeccurocdbutnot previously puidin
the pro oupuymnntovvi|(hocovoredintbe final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. 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
73
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."6. 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.
B. Monthly Progress Payments: The CONSULTANT ma submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. S h billi shall b in a format approved byde&GBNCYuud
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item including
Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, dUcu, salary rates, and present duties of those employees performing work on
the PROJECT at the time ofthe interview.
C. Final Final Payment of any balance due the CONS of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion ofthe 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 A(]GNC}, may have against the CONSIJLTANT 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.
D. Inspection of Cost Records: The CONSU and their sub- onou|tantoohaUkccoavulah!ofo«
inspection by representatives of the AGENCY, STATE and the United States, for u period ofthree
(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 hefore 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.
74
Exhibit E-1
Consultant Fee Detarnlinadion - GunnnmoryShemt
(Cost PIus Fixed Fee)
Project: Interurban Avenue SouUh - S. 143rd Street to Fort Dent Way
Direct Salary Cost (DSC):
Classification Man Hours Rate = Cost
Principal - Construction Manager 880 X $87.00 * $78.560.00
Senior Manager 450 )( $66.96 $30132.00
Munagor - DroinageEnginaer 650 )( $48.16 $31.304.00
SeniorStaff- Lead Inspector 2900 X $39.17 $113.593.00
Office Engineer 2200 )( $26.53 $58.366.00
Environmental Engineer 250 ){ $31.94 $7.985.00
Inspector - Structural 560 }{ $29.66 $16,609.60
Inspector - Civil 450 )( $25.45 $11.452.50
Project Coordinator/Tech Edi0or 124 X $26.62 $3.300.88
Project Coordinator/Administration 60 X $21.18 $1,270,80
*Rate capped af $87O0 for this contract
Total DSC = $350,573.78
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 160.94 % x $350.573.70 $564213.44
Fixed Fee /FF>:
FF Rate x DSC of 25.00 % x $350.573.78 $87,643.45
Rei unsa b b|
rn ea:
Mileage $10.248.00
Copies $200.00
MisceIaneous supplies and equipment $781.33
Subtotal (Consultant Tota|):
Subconsultant Costs (See Exhibit G):
Grand Total:
$1.013.720.00
$65,000.00
$1.078.720.00
Prepared by: Ed Berschinski Date: 5/10/2014
75
Desc
Anchor QEA, LLC
t Cost Rate Schedule
For tlae PeCod Ended December 31, 2012
Exhibit F
Overhead Cos
Kimmel al va'.atemenY Accepted
Ananurrt Ancl oa r4dj \VSDOT Adj Ref. Amman
5 17,521,340
Direct Labor Base
Indirect Costs;
Payroll Burden
Payroll Taxes
Group Insurance
Return on Investment
Incentive Payments
NOM Adjustment by firm
WSDOT Staff Bonus Adjushnenl
Retirement & Pension
Vacation, Sick, Holiday
Training & Education,
:mployee Benefits
ge Benefit Adjustment
Total Payroll Burden
Gen, & Admin, Expe
Indirect Labor
Bid & Proposal Labor
Payroll Variance
Auto mo yr Transportation
Billed in -house Transportation
Bid & Proposal
Coinmunication
Computer Tech. Support
Depreciation
Business insurance
Legal, Prof & Accoaniing Fees
Meals/Entertainment
Gifts/Charity
Office Rent
Professional Dues
Recruiting
Subscriptions & Books
Supplies
Business Tars es
Scholarship? Bank Fees'Advertising!Bad Ck:b
Travel
Total G&A Expense
Total Indirect Costs
Indirect Cost Rate (Less FCC)
Fachhies Cost of Capful
Indirect Cost Rate (Includes FCC)
51,736,945 (51a2,292) W 51,604,653 9.16%
3.1113248 (43,009) 13 3,078,039 17.57%
3,700,715 (3,700,715) C 0 0.00886
2,471,834 510,954,536 f 13,426.370 76.6356
(4,361,314) (3980,687) E.p (5,342,001) - 30.49%
(S253.352) e (253,352) - 1,45;
642,921 642,921 3.67%
2,656,097 2,656,097 15,163;
160,277 (3,461) S 156,816 0,8996
187.952 (1,508) (1,124) O,a 185,321
(25,478) d (25.478) -0,15
514,677,790 _241.199) 59.693,895 516.129,386 92.0646
317,039,370 (5!,2I5,768) (5(0,400,086) A,c,fh
233,450
(30,999)
298,714
803,249
52,982
837,948
432,103
261,431
851,154
77,727
2,704,933
70,794
19,411
33,125
1,135,287
1,327,912
720,117
462,170
526,830,879
(8,043) D
(332,092) F
1,059,146 6
(1,335,586) c
(144,518) (88,932) G,X
(197,952)
(10 7,926)
(548,399)
(77,727)
(78,637)
(302,755
K,11,5(
140,248 (9,997) V,b
(677,554) N
(214,712) O,P,Q,R
(291,918) (7,741) 8,1
(53,724,000) (511,085 950)
541.508,669
(511,966,299) (91,392,05
250.30%
165.973;
549,289
529,591,659
6
55;423,517
(8,043)
(332,092)
L059,146
(1,335,586)
- 0,05''x0
-1.90%
6324%
- 7.62%
0.00%
0 0.003;
100,762 0,58°6
803,249 4.58%
52,982 0,3030
837,948 4.7880
432,103 2.471'0
153,505 038%
0 0,00%
1) 0.00%
2,526.295 (4.99°,7
70,794 0.40%
19,411 0.1180
33,125 0.19%
1.265,538 7.22%
650,358 3.71%
5,406 0.03%
162,511 0.9356
512,020,929 68,6196
528,150,315 160.661
160,56%
T 549,289 0.2986
528.199,694
1.94%
Anchor References;
A Re- allocation of indirect labor costs under the effective rate method to direct labor base for uncompensated rive rlime tinder the salary variance
B Unallowable key person life insurance per 48 CFR 31.205- 19(e)(2)(v),
C Unallowable distribution of profits per 48 CFR 31.205- 6(a)(5)(il)(13),
O Timing of accrued overtime payout per 48 CFR 22.103 -1, 22.103-4(g),
E Unallowable executive compensation per 43 CFR 31.205- 6(a)(i)(A)(3).
F Unallowable marketing labor per 43 CFR 31.205-18.
G Personal use portion of vehicle allowance unallowable per 48 CFR 31.205.6(mA2).
H Sponsorship costs unallowable per 48 CFR 31205- 1(tj(3). Excess lodging and per diem unallowable per 48 CFR 31.205 -14, 311(1345. For this r7 n-
and meals have been reproved from the overhead analysis.
I Legal settlements unallowable per 43 CFR 31.205 -47. Federal income tax preparation fees unallowable per 48 CFR 31.203- 41(6)11).
Local meals unallowable per 43 CFR 31.205 -14,
K Excess per diem unailowabie per 43 CFR 31.205 -41 Alcohol unallowable per 43 CFR 31.205-51. For this cne year, all meals have bee rernosed fresm the overhead
analysis, deals incurred during the retreat have heen analyzed and allowable amounts have 'been included,
L Girls unallowable per 49 CFR 31.205- 13(b); Donations unallowable per 48 CFR 31.205 -9.
Compensation Matrix Tool adju
hud, 48 CFR
rur Gross Revenues.
76
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
a
$
plus a
f� .fi • 1 • 1. is -1
able expenses Total Gnstc for these Cervices Are $65,000_00
DOT Form 140-089 EF Exhibit G
Revised 6105
77
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
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 the selection
and retention of sub-consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 ofthe REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B ofthe REGULATIONS,
3. Solicitations for Sub-consultant ,Inm|udio8Procurcmcrto[88utcriu]oaudEouipmcot:IouJ|so)iobudouo
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement ofmaterials rials or leases of equipment, each pot ntial sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSIJLTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, coior,
sex, 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 AGREEMENT, the AGENCY shall impose such AGREEMENT
•
Withhotding 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
Revised 6/05
78
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
means 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.
79
Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
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 time 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 -069 EF Exhibit I
Revised 6/05
80
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
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step I — 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 funded 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 be 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 the
Director of Public Works or Agency Engineer's concurrence, the project 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 error(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 the 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). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(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 be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H&LP, through the Region
DOT Form 140-069 EF Exhibit J
Revised 6/05
81
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). The
consultant may request that the alleged design error(s) issue be 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 be forwarded through the
Region Highways and Local Programs Engineer to H&LP for their review and consultation with
the FHWA. H&LP will meet with representatives of the agency and the consultant to review the
alleged design error(s), and attempt 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 FHWA,
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 seek settlement
by arbitration or by litigation.
82
Exhibit K
Consultant Claim Procedures
�
The purpose ofthis exnibit is to describe a procedure regarding claim(s) on a consultant The following
procedures should only be utilized on consultant claims gr aterdxun$i'UU0.lftkc000aultant`mc\uim(n)mrutot l
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 claim(s)
that total $l"000mrless.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
Ifthe consultant determines that they were requested to perform additional services that were outside ofthe
agreement's scope of work they may be entitled to a claim. The fir t step that must be completed is the
request for consideration of the claim to the Agency's p ject manager.
The consultant's claim must outline the foliowing:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
°
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
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project ruuuugecThc project m8uugcrvvi||roviewtheuoouukuutou>aimundpjUmc with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the pr ject'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. lf the claim is not eligibte for federal
participation, payment will need to be from agency funds.
If the Agency project mmmQcr,DboctV of Public Works or Agency Engineer, WSDOT Hi and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the fi nal payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 1m'ouysr Exhibit n
Revised 6/05
83
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 Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
•
•
e
•
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 Reviews 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 FHWA 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.
84
Exhibit M-1(a)
I hereby certify that I am Ed Berschinski
representative ofthe firm of Anchor (}BA,LLC
720 Olive Way, Suite 1900, Seattle, WA 98101
Certification firm I here represent has:
Project No.
Local Agency
and duly authorized
whose address is
and that neither I nor the above
(a) Employed or retained for a commission
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 ntract, 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 AGREEMENT;
except as hereby expressly stated (if uov);
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
conneetion with this AGREEMENT involving participation of ofFederal aid highway funds, and is
subject to applicable State and Federa laws, both crimina and civil.
1~4
Signature
DOT Form 140-089 EF Exhibit M-1(a)
Revised 6/05
85
Exhibit M-1(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 any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal-aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date
DOT Form 140-089 EF Exhibit M-1(b)
Revised 6/05
Signature
86
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(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
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): Anchor QEA, LLC
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
_--- -27- /a?
----'"--g Z /
(Signature) sident or Authorized Official of Consultant
87
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 be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): Anchor QEA, LLC
[Li ILA
Date) )
DOT Form 140-089 EF Exhibit M-3
Revised 6105
Signature
ent or Authorized Official of Consultant
88
Exhibit M-4
Certificate of Current Cost or Pricing Data
This is to certifiy that, to tlie best of my knowledge and belief, tbe cost or pricing data (as defiiied in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4)
submitted, either actuaUy or by speciflc identiflcation in writirig, to the contracling officer or to the
contracting officer's representative in support of City Pro cct No 03-RWO2 �
are accurate, complete, and currnt as of May 8, 2014 . This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Govemment that are part of the proposal.
Firm Anchor QEA, LLC
Name Ed Berschinski
Title Partner
Date nfBxcouton*** May 9, 2014
* Identify the proposal, quotation, request for price or other subm oukn/ involved,
giving the appropriate identiiying number (e.g., RFP No.).
** lnsert 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
89
90
Supplemental Agreement
Number No. 2
Original Agreement Number
l3'O28
Project Number
90310402
Project Title
Interurban Avenue S, Fort Den ay to S 143rd St.
Organization and Address
KPG, Inc.
753 9th Avenue N
Seattle, WA 98109
Phone: 206_286_1640
Execution Date
Completion Date
12/31/2015
Ne Maximum Amount Payable
$ 744,752.65
Description of Wor
Provide construction pre- construction, construction, and closeout of the Intcrurban
ANenue S - S 143rd Street to Fort Dent Way project.
The Local of City wfTubvvLo
desires to supplement the agreement entered nto with KPG
and executed on . Ol '29'208 and identified as Agreement No. ' 13'028
All provisions in the basic agreement remain in effect except as expressly modified by his supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read: ,
The contract shall include d`pnridi6onn| scope for construction r^ inr,ringsrrn{r~" identified in t attached
Exhibit A-9
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: No chanu in the completion date of 17/31/7015
111
SecUon V, PAYMENT, shall be amended as foliows:
Payment for the added scope items shall not exceed S157 971 00 as shown in Exhibit F-7 without prior approval hv
the Ci
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By:
DOT Form 140-063 EF
Revised 9/2005
Consultant Signature Approving Authonty Signature
Date
91
EXHIBIT A -2
City of Tukwila
Interurban Avenue S
S 143rd Street to Fort Dent Way
Supplement No. 2
Construction Engineering Support
KPG
Scope of Work
May 12, 2014
A. BACKGROUND
The following represents the general Scope of Services (Scope) to be performed by KPG Inc.
(Consultant) during the pre- construction, construction, and closeout of the Interurban Avenue S — S 143rd
Street to Fort Dent Way project (Project), for the City of Tukwila (City). The lead Construction
Management (CM) consultant will be Anchor QEA (Anchor) who will perform the day to day field
management under separate contract with the City during the construction phase of the Project. KPG will
provide on -call design support and Construction Engineering services (CE) under supplement of the
original design contract. KPG will work at the direction of the City's Project Manager in coordination with
the overall CM effort. All effort on this project will be as requested by the City or City assigned
Construction Manager. It is anticipated that budgets between Tasks will be adjusted as required to
provide the requested services.
B. SCOPE OF WORK
TASK 1 - MANAGEMENT / COORDINATION / ADMINISTRATION
1.1 The Consultant shall provide continuous project management for the project duration from June
1, 2014 to December 31, 2015.
1.2 The Consultant shall prepare monthly progress reports identifying work completed in the previous
month, work in progress, upcoming work elements, and reporting of any delays, problems, or
additional information needs. These reports shall be submitted with the Consultant invoices.
1.3 The Consultant shall provide continuous management and administration of all subcontractors
included in this scope of work.
Task 1 Deliverables: Monthly progress reports (20 months)
TASK 2 — PRECONSTRUCTION SERVICES
2.1 The Consultant shall provide on -call support, which may include, review of records management,
preconstruction utility coordination, and preparation and attendance at preconstruction meeting,
on an as- needed basis. Specific tasks are anticipated to include:
• Coordination meetings with City, Contractor and CM Consultant.
• Preparation of map graphics to facilitate utility coordination.
• Preparation of conformed plans and specifications.
• Prepare for and attend preconstruction meeting.
Task 2 Deliverables: Conformed Plans and Specifications
City of Tukwila Page 1 of 3 KPG
Interurban Ave S Construction Engineering Support 5/12/2014
92
TASK 3 — CONSTRUCTION PHASE SERVICES
3.1 The Consultant shall provide on -call support, which may include, weekly progress meetings,
review shop drawings, interpretation of plans and specifications, and construction change order
assistance on an as- needed basis. Specific tasks are anticipated to include:
• Construction Meetings: Attend weekly construction meetings or other project meetings at
the construction site to review, in conjunction with the City, the Contractors progress and
construction schedule. Weekly attendance is not anticipated for the project duration;
however, the project engineer and other engineers will attend as requested. Provide
feedback and follow up as appropriate. Budget allowances for meeting attendance is
shown on the attached hour estimate based on the following assumptions on meeting
attendance:
• Weekly attendance for initial 6 months of construction (26 meetings)
• Attendance in preparation of traffic shifts between stages (4 meetings)
• Other meetings as requested by the City or City's field staff (estimate 10
meetings)
• Submittals: Review and comment on the Contractor's submittals as requested, including
shop drawings. Many of the submittals will be reviewed by the City or Construction
Management Services Consultant. It is anticipated that the Consultant will receive the
following submittals for review:
• Structural walls
• Irrigation system
• RRFB systems
• Illumination systems
• Drainage detention and water quality treatment components
• Other submittals as requested (see exhibit E for budget assumptions)
• Interpretation of Plans and Specifications: Provide technical assistance to clarify and
interpret the contract documents at the request of the City. Assist the City in answering
Contractor questions. Respond to requests for information (RFIs), prepare requests for
quotation (RFQs), and prepare construction field directives (CFDs).
• Change Order Assistance: In the event that the provisions of the Contract Documents
need to be revised, prepare the necessary revisions to the drawings and specifications.
On request, provide engineering or independent peer review of contractor, City, or utility
proposed plan changes.
• Subconsultant Construction Support: Project Subconsultants for structural (CivilTech)
and environmental (Widener & Associates) will be retained for construction support on an
as requested basis. Budget allowances for each Subconsultant are shown on the
attached reimbursable breakdown.
• On -call survey support: Provide surveyor support to verify contractors survey or layout,
assist with quantity verification, or other support needs as requested by the City.
• Materials Testing: Provide feedback as requested on any failing materials tests or
material substitution requests for compliance with contract requirements for gradation,
compaction, strength, etc.
• Assist with preparation and attendance at special events, such as preconstruction open
house, ribbon cuttings, and other events as requested.
Task.3 Deliverables: Documentation as requested in support of on -call construction support
City of Tukwila Page 2 of 3 KPG
Interurban Ave S Construction Engineering Support 5/12/2014
93
TASK 4 — UTILITY AND AGENCY COORDINATION ALLOWANCES
4.1 The Consultant will provide assistance to facilitate franchise utility relocations and adjustments as
requested by the City. These services may include design modifications that may be required to
facilitate franchise utility work. The purpose of this task is to provide a budget allowance and
tracking mechanism for possible reimbursement to the City by the franchise utilities. Work for
each utility will be tracked separately on monthly invoices. The City will be responsible for
obtaining reimbursement on these charges when applicable.
4.2 Assist the City with obtaining necessary project specific franchise utility agreements for utility
relocation work as requested.
4.3 Assist the City /CM with obtaining a general or specific utility permit from WSDOT for facilities in
State right of way limits.
4.4 Provide independent review of CM documentation records and assist with up to three (3)
progress audits with WSDOT.
4.5 Assist the City with obtaining a necessary administrative noise variance for night time work
anticipated and required through the contract specifications. The budget assumes that this is an
administrative approval and that public hearings are not required.
Task.4 Deliverables: Documentation as requested in support of on -call utility and agency support
TASK 5 — CLOSEOUT ASSISTANCE
5.1 The Consultant will provide record drawings within 60 days of receipt of information provided by
the construction contractor and the City of Tukwila.
5.2 The Consultant shall provide independent review of final construction documentation files and
assist with Project Management Review with WSDOT local programs.
Task.5 Deliverables:
• Record Drawing Mylars (full size)
■ Half -size copy of draft
• Full -size and half -size copies of final record drawings
• Electronic files
C. OTHER SERVICES
The City of Tukwila may require other services of the Consultant. These services could include other
work tasks not included in the scope of work. These services may include, but are not necessarily limited
to, additional construction support; assistance with property issues; utility, agency, or audit support in
excess of the budget allowances contained in Exhibit E; or other services deemed necessary by the City.
At the time these services are required, the Consultant shall provide the City with a detailed scope of
work and an estimate of costs. The Consultant shall not proceed with the work until the City has
authorized the work and issued a Notice to Proceed.
City of Tukwila Page 3 of 3 KPG
interurban Ave S Construction Engineering Support 5/12/2014
94
HOUR AND FEE ESTIMATE
Project: City of Tukwila
Interurban Avenue S
S 143rd Street to Fort Dent Way
Supplement No. 2 - Construction Engineering Services
EXHIBIT E -2
KPG
Architcctw:res
Landscape Architecture
! Civil Engineering p
05/19/2014
'
dget
fir act error 1 $:Pt ec C twist'
.
n r t. f,,.
� � �rrg�re�� ngi� year
J ;.F Y.;. 7,1
Deal
b s �r�9`
�;f"ed�ltlteta�l
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5urue
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�
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Task 1 - Management / Coordination / Administration
Management and admin (20 months)
80 0
20 0
0
0
0
0
0
0
0
0
0
0
0
0
40
20
$ 17,310.50
Monthly progress reports and invoices
$ 5,070.11
Subcontractor Coordination
10 0
0 0
0
0
0
L 0
10
$ 2,535.05
Mileage
$ 200.00
Reproduction
$ -
Task Totals
110 0 0 0
0
0
0
0 70
$ 25,115.66
Task 2 - Preconstruction Services
Coordination meetings with City and CM consultant
16
0
16
8
0
0
0
24
8
$ 9,020.26
Prepare map graphics for utility relocation
12
0
60
0
16
40
0
0
12
$ 15,001.88
Prepare conformed plans and specifications
4
0
16
0
8
16
0
0
16
$ 5,925.16
Prepare for and attend precon meeting
8
0
8
8
0
8
L 0
24
4
$ 7,055.79
Mileage
$ 100.00
Reproduction
$ 2,500.00
Task Totals
40 0 ( 100 16
24
64
0
48 40
$ 39,603.10
Task 3 - Construction Phase Services
Construction Meetings / support 4 40
0
240
40
0
0
0
0
8
$ 40,488.66
Submittal Reviews (Anticipated) : 16
40
60
40
l 24
16
0
0
40
$ 27,306.58
Submittal Reviews (As requested) + 12
8
16
8
8
+ 0
80
0
0 J
0
1 0
0
1 40
4
0
$ 7,245.65
$ 26,257.54
Interpretation of Plans and Specs , 24
24
40
24
40
Change order review and assistance 16
24
80
40
40
80
16
$ 37,149.07
Subconsultant support coordination 4
0
12
16
0
0
0
8
8
16
0
40
0
0
4
0
$ 3,087.78
$ 9,618.49
On call survey support 0
0
Materials testing review 1 8
4
16
8
0
L 0
0
0
8
$ 5,455.77
$ 1,000.00
Mileage
Reproduction
$ 500.00
CivilTech Budget Allowance
$ 15,000.00
Widener Budget Allowance
$ 5,000.00.
Task Totals 120 100 480 160
120
200
40
j 40 80
$ 178,109.53
05/19/2014
HOUR AND FEE ESTIMATE
Project: City of Tukwila
Interurban Avenue S
S 143rd Street to Fort Dent Way
Supplement No. 2 - Construction Engineering Services
EXHIBIT E -2
KPG
• Architecture
Landscape Architecture
P Civil fan ;ineenrg f
i ✓ Y ✓ fl 1 ("t
r Jttr
ask i Ort
JT r ptiir
t } � ,
f N (Sf
H � `tii
4
1 >
J 'tix`
l�Ofa} Bt�d et '
P ect
a
! S� for
[] >
err A
Pro} e t, 4 G t
,
r a r ;
Eig rye �
l,, -: lesi t� . Sury y , ocu
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g tr. '"i aj
t ce
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✓if; p
Task 4 - Utility and Agency Coordination Allowances
Support franchise relocation tracking
16
0
40 60
0 24
0
0
L
0 i
8
$ 17,702.23
Franchise requested change allowance
20
0
40 20
24 32
0
12
4
$ 16,753.97
$ 19,740.88
Assist with franchise agreements
24
T
0
40
1 60
16
I 16
0
0 —i
Assist with WSDOT permit
0
!, 0
20
10
0
8
0
0 j
8
$ 4,850.19
Progress audit assistance
0
0
0
30
0
0
0
60
24
$ 12,322.59
Assist City with administrative noise variance
Mileage
0
0
0 10
0 0
0
0
4
$ 1,556.57
$ 200.00
Reproduction
$ 200.00
Task Totals
60
j 0
140 190
40 j 80
0
60
60
$ 73,326.44
Task 5 - Record Drawings
Prepare Draft Record Drawings
4
16
40
0
1
40
60
0
0
4
$ 17,074.14
Final Record Drawings
4
4
8
0
10
20
0
0 J
80
4
32
$ 5,229:24
PMR audit support
0
0
12 40
0 0
0
$ 17,814.43
Mileage
$ 200.00
Reproduction
$ 1,500.00
Task Totals
8
20
(
60 j 40
1
50
80
0 j
80 j
40
$ 41,817.82
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Hourly rates are based on the following:
Direct Salary Costs $ 65.00 $ 52.06 $ 41.83
Overhead Rate
Fixed Fee
$ 45.671 $ 36.06 $ 31.25 $ 50.75$ 40.87 !, $ 26.92
146%
30%
05/19/2014
Totals
$ 120, 230.81
$ 175, 272.48
$ 36, 069.24
$ 331,572.54