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HomeMy WebLinkAboutTrans 2016-07-05 Item 2B - Contract - Tukwila Urban Center Pedestrian Bicycle Bridge ® Lity of Tulkwiela Allan Ekberg,Mayor • Public Works Department-Bob Giberson,Director INFORMATIONAL MEMORANDUM TO: Transportation Committee FROM: Bob Giberson, Public Works Director BY: Peter Lau, Senior Program Manager CC: Mayor Ekberg DATE: July 1, 2016 SUBJECT: Tukwila Urban Center Pedestrian/Bicycle Bridge Project Number 90510403 Construction Management Contract with AKANA ISSUE Authorize the Mayor to execute a contract with AKANA for construction management services for the Tukwila Urban Center (TUC) Pedestrian/Bicycle Bridge in the amount of $700,669.00. BACKGROUND The TUC Pedestrian/Bicycle Bridge Project construction contract was awarded by Council on June 20, 2016 for $6,285,570.60. The City solicited for construction management (CM) consultant services and received four proposals. All four CM firms —AKANA, Berger ABAM, CH2M Hill, and Harris & Associates, were invited for an interview, but CH2M Hill subsequently withdrew from the CM selection process. AKANA was rated the highest by the cumulative scores of the selection panel. DISCUSSION & FISCAL IMPACT The AKANA contract will include field engineering, inspection, documentation compliance support, as well as on-call specialty sub-consultants. The fee of $700,669.00 is reasonable for the scope of work provided by AKANA for this complex project. CM Expense Budget AKANA Contract CM & Inspection $700,669.00 $850,000.00 RECOMMENDATION Council is being asked to approve the Construction Management contract with AKANA in the amount of $700,669.00 for the Tukwila Urban Center Pedestrian/Bicycle Bridge, and consider this item on the Consent Agenda at the July 18, 2016 Regular Meeting. Attachments: CM Consultant Selection Scoring Sheet CM Consultant Services Scope and Fees with AKANA W:\PW Eng\PROJECT S\A-RW$RS Projects\TUC Ped Bicycle Bridge(90510403)\Construction\Consultanl Selection\(005)-CM Consultant Selecfion\AKANA\Info Memo For AKANA CM Support 07-01-16 Fit GI Slo Docx 9 U) L E L M N m —' O Q U 3 Y y Q � � E N N L •> � NL � 3 o � ael C w /e}ol o 0 � m O M N L N Slue U,aai '0 d aoUe QC QC vi Q 0 !ldwo� z z z' z' tc N SIUa U0 PUe �iqo a�!e1aPa t o 0 Joasmd a�U0./5E) o0 0 c� c� y Pa!,y�oU cis cis cis CL Up ,{q POJOE) na}sUoe > y d 4�pt��Ui-YloMS SOS (D o m, m' . adk� L = s}! Uon�aa�!yo�e NC a�P!aq 4,iM�UaUagk coy L °c° L C PUe 6UipUe�sj ddb o r3 o c> CL t d n}eafoa o Lo r r d N v �aa�odle1S Urea N ddo 1 U y 2 a� as��agk aeUaUagk o ri cs r> NsUo,�ea�i!hb ° cu co Cu U) > U y U) a� ate, ds � _ > �' L QNOra oQ ° Q = o a 3 3 �aU) � i> U L a m E � d r y m N O O ds M '� 04- *., v O N ._ � v mac) v, a a z m L Q Q N a Q U Q cc cL 10 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): Cooper Zietz Engineers, Inc. (AKANA) Address Federal Aid Number 3380 146th Place SE Suite 105 Bellevue, Wa 98007 STPE-1320(002) UBI Number Federal TIN or SSN Number 601817894 Execution Date Completion Date June 30, 2016 9/30/201.7 1099 Form Required Federal Participation Yes Q No Q Yes ❑ No Project Title Tukwila Urban Center Pedestrian/Bicycle Bridge Description of Work The project includes construction of Tukwila Urban Center Pedestrian/Bicycle Bridge. The project includes the building of a new steel arch bridge over the green river. The structure is a 220' tied arch tubular steel structure with a lightweight concrete deck suspended from the arch with diagonal cables. The pre tensioned concrete deck acts as the tie to the arch and, together with the diagonal cables, serves to dampen the vibrations of the structure. The structure design is complicated by the proximity of the 8' diameter drilled shaft foundations on the banks of the green river,which is an environmentally sensitive area. In addition,the project has very limited staging and construction area. Other features of this project include the installation of under bridge utilities, architecturally finished sidewalk, concrete modular block walls, rain gardens, and decorative pedestrian and security illumination. In addition,two new pedestrian accesses from West Valley Highway (SRI 81)to the bridge will require coordination with WSDOT. Yes ✓❑ No DBE Participation Total Amount Authorized: 700,669.00 Yes No MBE Participation Management Reserve Fund: Yes Q✓ No WBE Participation FI Maximum Amount Payable: 700,669.00 Yes 0 No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 311112016 11 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT,between the City of Tukwila , hereinafter called the "AGENCY," and the "Firm/Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and 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; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress, and presentation meetings with the AGENCY and/or such State, Federal, 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 prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 311112016 12 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit`B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30%of the total amount of this AGREEMENT. It is recommended,but not required,that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files,prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by(i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Name: Cooper Zietz Engineers,Inc. Agency: Agency: Akana Address: Address: 3380 146th Place SE Suite 105 City: State: 'Zip: City: Bellevue State: WA 'Zip: 98007 Email: Email: Jeff.Fauncenakana.us Phone: Phone: 206.321.3392 Facsimile: Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "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, 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. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 311112016 13 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor,materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW)Labor Costs: The Direct (RAW)Labor Cost is the direct salary paid to principals, professional,technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs,which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and"E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates4,wsdot.wa.gov. 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 ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to,the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 311112016 14 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental 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 by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled"Termination of Agreement." 5. Management Reserve Fund(MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "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 MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and 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(RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW)Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) I.,abor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar 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)working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 311112016 15 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6)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 AGREEMENT is initiated before the expiration of the six(6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create,between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE'S Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest 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 this 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 Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 146 Revised 311112016 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full-or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees,without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Vill. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) . 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. I . Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause 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 for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES 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 in paragraph two (2) of this section, 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. In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 311112016 date of termination, whether that SERVICE 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 SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES 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 in paragraph two (2) of this section. 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 its employee's fault 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 and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSIJL'I'ANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES 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 SERVICES 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 completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES 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 XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days 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 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". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this 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 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. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 1t4g Revised 311112016 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable;provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b)the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods,processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's,their agents', officers' and employees'failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or 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. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14� Revised 311112016 Unless otherwise specified in this 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 this 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 insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY,their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured(the"Als"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the Als shall be excess over, and shall not contribute with,the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the Als. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Peter Lau Agency: City of Tukwila Address: 6200 Southcenter Boulvard City: Tukwila State: WA Zip: 98188 Email: Peter.Lau@TukwilaWA.gov Phone: (206) 431-2454 Facsimile: 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, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater,unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 240 Revised 311112016 The parties enter into this AGREEMENT for the sole benefit of the parties,, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time,by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1)maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment,"hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and(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. XIV. Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. V. f=ederal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 12 9 Revised 311112016 XII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation,promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. 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 AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The"State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses,telephone numbers,financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii)returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include,but is not limited to, salting databases. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 122 Revised 311112016 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information,monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii)is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"),that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings,recordings, visual displays,photographs, minutes of meetings, Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 311112016 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written,printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "EST' means any and all computer data or electronic recorded media of any kind, including "Native Files",that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher,PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers,backup tapes, smart phones,thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created,viewed, and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. 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. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 244 Revised 311112016 EXHIBIT A-1 SCOPE OF SERVICES Construction Management Services Tukwila Urban Center Pedestrian/Bicycle Bridge Akana (CONSULTANT) will provide professional Construction Management (CM) Services for the City of Tukwila (CITY).These services will include CM, contract administration,field observation, documentation, and reporting as required during the "Tukwila Urban Center Pedestrian/Bicycle Bridge project". All services will be provided in accordance with City of Tukwila standards,and the Washington State Department of Transportation's(WSDOT) Local Agency Guidelines and Construction Manual. Consultant will be providing Jeff Faunce, Mindy Corey,Tim Norman on a Part time basis and Rick McNichols on a full time basis to the project. AECOM, OBEC and MTC will be subconsultants to assist in the performance of the duties listed below. Project Description The project includes construction of Tukwila Urban Center Pedestrian/Bicycle Bridge.The project includes the building of a new steel arch bridge over the green river.The structure is a 220'tied arch tubular steel structure with a lightweight concrete deck suspended from the arch with diagonal cables.The pre tensioned concrete deck acts as the tie to the arch and,together with the diagonal cables,serves to dampen the vibrations of the structure. The structure design is complicated by the proximity of the 8'diameter drilled shaft foundations on the banks of the green river,which is an environmentally sensitive area. In addition,the project has very limited staging and construction area.Other features of this project include the installation of under bridge utilities,architecturally finished sidewalk, concrete modular block walls,rain gardens,and decorative pedestrian and security illumination. In addition,two new pedestrian accesses from West Valley Highway(SR181)to the bridge will require coordination with WSDOT. Work Breakdown Structure by Tasks 100 Pre-Construction Services: 101 CONSULTANT will review bid documents to become familiar with the project. 102 CONSULTANT will take pre-construction photographs and burn them to a disc to include in hard-copy files. 103 CONSULTANT will conduct a site visit to become acquainted with the project site. 104 CONSULTANT will prepare hard-copy and electronic files for project documentation. 105 CONSULTANT will prepare Project Templates for: A. Design Changes B. Change Orders and Change Order Justifications C. Case Log and Case Log Files D. Pay Estimates, including Ledger E. Forecasted Cost to Complete F. Coordination Meeting Agendas, Minutes and Sign-In Sheets 106 CONSULTANT will prepare Project Logs for tracking: A. Design Changes B. Change Orders C. Requests for Information(RFI) D. Submittals E. Materials on Hand (will correlate with Pay Estimates) F. Employment Documentation 107 CONSULTANT will prepare for,and conduct,a Pre-Construction meeting. Duties will include: A. Preparing an agenda draft and sending it to the CITY for review/comments. B. Developing an attendees list with input from CITY. C. Conducting the meeting. D. Preparing Meeting Minutes, sending them to CITY for review/comments, revising them per comments and distributing them to attendees and affected stakeholders. 25 108 CONSULTANT will review the Contractor's initial Schedule against allowable Working Days. CONSULTANT will also review schedule sequencing and activity duration to check that they are reasonable. Any discrepancies,conflicts or unreasonable work durations will be brought to the attention of the Contractor and the CITY will be notified. (AECOM) 109 CONSULTANT will prepare a monthly CONSULTANT progress invoices for CITY review and payment. Under the provisions of this contract a total of 13 invoices shall be prepared and presented to the CITY. 200 Construction Management Administration: 201 CONSULTANT will prepare a Progress Pay Estimates for work performed by Contractor. Under the provisions of this contract up to a total (13) invoices shall be prepared. These will be completed once CONSULTANT and Contractor have reached agreement on estimate quantities. 202 CONSULTANT will prepare up to (44)Weekly Statement of Working Day reports. 203 CONSULTANT will monitor Contractor and Sub-Contractor's employment documentation for adherence to contract requirements. Monitoring will include: A. Maintaining Employment Documentation Log. B. Collecting, reviewing and approving(or rejecting) Requests to Sublet. C. Collecting Certified Payrolls to verify that they meet contract wage requirements. D. Collecting Statements of Intent to pay prevailing wages. E. Collecting Affidavits of Wages Paid. 204 CONSULTANT will review and respond to Requests for Information (RFIs)submitted by the Contractor. Responses will include technical interpretations of the drawings,specifications,and Contract Documents. The CONSULTANT will update the RFI Log as RFIs are submitted and resolved. 205 CONSULTANT will monitor issues that may eventually have impacts to the project budget or schedule. These issues will be documented Information included in the Log will be: A. An assigned number that will be used to track each issue separately. B. The date the issue became known. C. A description of the issue. D. An estimate of the lowest cost necessary to resolve the issue. If resolution creates an overall decrease to the budget,this amount would be negative. E. An estimate of the highest cost necessary to resolve the issue. F. An estimate of the issue's impact on Working Days. G. A summary of project documents that relate to the issue. H. Comments relating to the issue. 206 CONSULTANT will prepare Change Orders and will include the CITY in the process of Change Order negotiation and preparation. Items tracked using the Issue Log may eventually become Change Orders. CONSULTANT Change Order work will include: A. Scheduling and conducting negotiation meetings. The CONSULTANT will create and distribute meeting agendas and minutes. B. Preparation of independent Engineer's Estimates. (AECOM) C. Compilation of Change Order back-up.This will include, but is not limited to:(AECOM) i. Engineer's Estimates ii. E-mail correspondence iii. Extra Work Orders from Contractor iv. Design Change Documents v. Meeting Minutes D. Preparation of Change Order Justifications. (6 change order included in cost)Justifications will include: (AECOM) i. A description of the change. ii. An evaluation of what is required by the Contract. iii. An explanation as to why a Change Order is necessary. iv. Descriptions of considered alternatives to a Change Order. v. The reasons for entitlement;why the work cannot be paid for under the existing contract. vi. The names of those that approved the Change Order. 26 vii. An evaluation of impact to Working Days. viii. Change Order back-up. E. Writing the Change Orders and providing them to CITY for edits and/or concurrence. F. Obtaining the necessary signatures for execution once concurrence has been given by the CITY. G. Maintaining the Change Order Log. 300 Construction Services-Field: Working Days 220. CONSULTANT will provide full time Inspection consisting of a senior inspector depending on the skill sets needed for the days operation to assist and observe day-to-day conduct of construction. This will include acting as the project hub for communications, monitoring Contractor adherence to Contract Documents and documentation of Contractor's work progress for payment. Work will include the following: 301 CONSULTANT will request and review the Contractor's breakdowns of lump-sum items for accuracy and payment purposes. Breakdowns will be used to evaluate construction progress of these items for pay estimates. 302 CONSULTANT will prepare Field Note Records that detail Contractor's completed work for inclusion in monthly Pay Estimates. Field Note Records will internally be checked for accuracy prior to being entered into Pay Estimates. 303 Prior to monthly Pay Estimate completion,the CONSULTANT will coordinate with each of the Contractors to reach agreement on the Pay Estimate quantities. 304 CONSULTANT will review the materials delivered to the project site to ensure they are the approved construction materials. This will be done by checking them against the approved Submittals and noting materials delivered on Inspector Daily Reports(IDR). 305 The CONSULTANT Inspector(s)will prepare up to 220 Inspector's Daily Reports. If there is more than one Inspector,each will prepare an individual report. IDRs will include: A. Weather information. B. Contractor and Subcontractors working that date,as well as the on-site representative for each. C. A work activity summary. D. Bid items worked on. E. Equipment and employees utilized and hours used/worked. F. A diary to be used as a narrative of the day's events,with times of the events included. G. Photos. H. Materials used. 306 CONSULTANT will take photos of construction progress and will maintain them electronically in an orderly fashion. Upon completion of the project,these photos will be burned to discs that will be included in the hard-copy files. 307 CONSULTANT will provide coordination with PSE for electrical service replacements 308 CONSULTANT will assist the CITY regarding Public Information by assisting the CITY with responding to project related questions from property owners and the general public. 309 CONSULTANT will review the Contractor's As-Built drawings. Drawings will be checked for accuracy and to determine if they reflect as-constructed conditions. 400 Materials: Consultant shall perform a preliminary review of submittals and coordinate getting technical engineering reviews when appropriate. Materials that do not require testing will be rejected,approved or conditionally approved per the requirements of the City and the Contract provisions. Materials that require testing will be rejected,approved or conditionally approved per results of field evaluation materials testing is scheduled for this project through Material Testing Corporation (MTC).The Contractor will be notified immediately of any unapproved materials or failed test results. 401 CONSULTANT will update the Submittal list as submittals are rejected,approved,or conditionally approved as well as when test results are obtained. -20 hr 27 402 CONSULTANT will inspect steel materials and conduct testing in accordance with the Cities direction and reasonable field evaluation. Field Erection &Site Welding—Visual -32 hr Rebar Splice Welding Non-Destructive Testing-Magnetic Particles-24 hr 403 CONSULTANT will inspect the Concrete for adherence to Contract requirements. Test cylinders will be taken in accordance with MTC estimates,an experienced inspector will inspect loads to verify that conformance with Mix design is met. Reinforced concrete(RC)-Shaft Rebar—Visual-16 hr RC-Shaft Concrete-24 hr RC-Bridge Abutment 1 -18 hr RC-Bridge Pier 2-18 hr RC-Bridge Pier 3-18 hr RC-Bridge Pier 4-16 hr RC-Bridge Abutment 5-18 hr RC-Bridge Bridge Span 1-16 hr RC-Bridge Bridge Span 2-16 hr RC-Bridge Bridge Span 3-16 hr RC-Set Pre-Cast Girders-8 hr RC-Stair Platform Footing,Column, Deck-18 hr Concrete Compression Test Cylinders-4"x 8"-Sets of 5-95 EA 404 CONSULTANT will inspect installation of earthwork and Hot Mix Asphalt for adherence to Contract requirements. Formal testing will be performed by MTC,an experienced inspector will inspect loads to verify that conformance with Mix design is met. In Place Density Testing(IPD-S)-Foundation &Slab Subgrade Compaction/VSI -16 hr IPD-S-Gravel Borrow-8 hr IPD-S-Modular Wall Backfill (Includes Alt#1)-12 hr IPD-S-Utility Trench Compaction—8 hr IPD-S-Site Subgrade&CSTC Compaction (Includes Alt#1) -6 IPD-A-Asphalt Paving-4 Moisture Density Relationship/Proctor with Sieve 3 ea Sand Equivalent-3 ea Fracture Percentage-1 ea Asphalt Extraction with Gradation-1 ea Rice Density-1 ea Uncompacted Void Content-1 ea 405 CSL testing is to be by the contractor and we will review results. 500 Project Completion: Assist the CITY with the close-out of the project. Items of work include the following: 501 CONSULTANT will coordinate with the CITY,and the Contractor to resolve outstanding project issues. This includes up to (2) Project Closeout Meetings. The CONSULTANT will prepare and distribute the agendas and minutes. 502 CONSULTANT will prepare a Letter of Substantial Completion for issuance by the city. This letter will include punch list items for both Physical and Final completion. 503 CONSULTANT will coordinate with the Contractor to obtain all outstanding project documentation. 504 CONSULTANT will prepare a Punch List of work items for the Contractor. This list will be created with input from the CITY. Creation of the list will include 1 initial project walkthrough and up to 2 follow-up walkthroughs to ensure Punch List work is complete. The list may still be revised after it has been issued to the Contractor. 505 CONSULTANT will prepare a Letter of Physical Completion for issuance by the city. This letter will denote that the Contractor's work is completed. 28 506 CONSULTANT will take photos of completed project and will maintain them electronically in an orderly fashion. Upon completion of the project,these photos will be burned to discs that will be included in the hard-copy files. 507 City's Engineering Firm will backdraft the As-Builts to create a Record Drawings for city records upon issuance of Physical Completion and the CONSULTANT will perform a review of the drawings for accuracy. 508 CONSULTANT will prepare the Final Pay Estimate and Voucher. Prior to being issued to the Contractor, drafts of these items will be routed to the CITY for review/approval. 509 CONSULTANT will review the project records to verify that they are complete. This will be a last check before hard-copy files are transferred to the CITY. 510 Attend a wrap up meeting with the CITY. 600 Survey: (OBEC) Consultant shall coordinate with PM and Construction Contractor (CC) as needed to require compliance with and verify that the construction survey work completed by the CC for the Project is in conformance with the approved plans,specifications and applicable laws. 601 Consultant shall verify all initial horizontal and vertical control stations in the proximity of the bridge and establish additional control stations as necessary to control the Project. 602 QA Surveying Consultant shall make supporting calculations as required to establish the position of the following elements: • Drilled shafts • Abutments • Piers • Grout pads • Steps • Retaining walls • Outlet structure at the Rain Garden Consultant shall perform QA review of the Contractor's Surveyor's calculations, of the above described elements, in accordance with established Agency policies and procedures. Calculations must be sufficient to establish the correct position,orientation,and elevation of the work within required tolerances from control stations. Consultant shall perform QA of the Contractor's Surveyor's field staking of the above described elements. Consultant shall perform QA review of CC's survey data such as,but not limited to,office calculations and stake-out information. Provide memo indicating dates and times grade calculation checks were performed and the results of the calculation checks along with copy of notification to CC on items not in compliance from calculation checks and when/what corrections were made. Assumptions: This task assumes no more than 5 - 1-day site visits and 1—2 day site visits trips by a two-man survey crew for QA of construction surveying. Survey-Design Consultation during Construction (OBEC) Shall coordinate with the PM to provide consultation and technical services regarding bridge construction issues, LiDAR Scanning, 3-D modeling and evaluation of steel structural elements for conformance to plan geometry and erection plan review and modeling and submittal review Consultation during Construction OBEC will provide consultation services as requested by the PM. 29 OBEC shall perform submittal review for drilled shafts, false work, erection plans and other technical elements of the structure and walls as requested by the PM and provide comments and recommendations to the PM.Consultant shall review submittal drawings in a timely manner to avoid delay of the CC's operation. Deliverables/Schedule: Review and process according the WSDOT 2016 Standard Specifications.The goal of all submittal reviews is to be returned to the CC within 3 to 5 days. Task 4.3—Fabrication Scanning Analysis This task includes all work necessary to evaluate 3-D model elements in relation to plan geometry and to provide recommendations to the PM regarding conformance of the fabricated structure. Assumptions: It is assumed that no more than two evaluations will be necessary per rib section produced. Task 4.4 Erection Plan Modeling This task includes all work necessary to combine the bridge and false work models and to evaluate 3-D model elements in relation to falsework geometry and to provide recommendations to the PM regarding conflicts that may exist in the contractors erection plan sequencing. 700 NACE BRIDGE PAINTING INSPECTION SERVICES: 701 NACE Construction Engineering and Inspection (CEI) Contractor shall provide Construction Engineering and Inspection (CEI) services necessary to meet City standards for coating inspection services on the project. Contractor shall monitor the coating work of the Construction Contractor(CC)to document the work to ensure work,materials and documentation complies with approved plans and specifications. Assumptions: • Coating inspections will be performed at critical hold-points as scheduled by the PM • Onsite construction activities will require no more than 15 10-hour days for one inspector. • Construction Monitoring reports to document site visits for submittal to the CC and City staff within five(5) business days after the monitoring site visit. 800 Optional Field Services: Upon written approval from the CITY,the CONSULTANT shall provide engineering services beyond the work identified above. Services may include the addition of new tasks; additional working days added to the contract or increasing the work effort of the engineering services as directed by the CITY. Such work shall be specified in a written Supplement to this Agreement. Additional work elements for consideration and recommended by the Consultant include: Task 1 LiDAR SCAN Conversions This task includes all work necessary to convert the LiDAR point clouds supplied by the contractor into finite 3-D elements and create a 3-D model for further analysis. Deliverables/Schedule: • Prepare a 3-D model of the LiDAR scanning data Assumptions: 30 Scope for this task are included under the individual scanning tasks below Task 2 Fabrication LiDAR Scanning Task assumes performing 3-D LiDAR scanning of fabricated sections of the steel arch structure and attachments for conformance to plan and field abutment geometry. Deliverables/Schedule: • Consultant shall produce a 3-D point cloud of the structure and attachments. Assumptions: It is assumed that the Contractor will fabricate the arch in Tacoma Washington and will produce a quarter of the structure at a time. The task includes installation of survey control to orient the fabricated pieces in real space and that scanning the entire rib section will require 4 set-ups per quarter rib to ensure there are no occlusions in the point cloud. It is assumed that two scans will be required per rib section to perform the initial scan and a second to verify adjustments or repairs by the fabricator. It is assumed that the Engineer will coordinate with the fabricator to ensure appropriate indexes for fit up are included. Task 3 Field LiDAR Scanning Consultant shall complete 3-D LiDAR scans of the completed bridge abutments and the erection towers when installed. Deliverables/Schedule: • Consultant shall produce a registered,coordinate-specific 3-D point cloud of the abutments and the erection towers in CAD format Scanning Assumptions: It is assumed that this task will require no more than 2 -two-day site visits by a two man survey crew. It is assumed that each abutment and erection tower will require 4 scans to create a complete 3-D point cloud model. Consultant will prepare a scan plan to show the location of scanner in relation to abutments and erection towers for scanning operation to avoid construction equipment and site obstructions to minimize point cloud occlusions. Consultant will use traditional surveying methods to capture scanner target locations to be used during the registration of point cloud data. Optional services may include: additional work caused by extension of contract time due to Non-Working Days or schedule delays,additional project meetings, additional testing due to failing tests,additional surveying and mapping,additional geotechnical analysis,additional environmental documentation,document printing and overtime due to the contractor working weekends. Task 4 Provide CSL testing. Assumptions Cont: • This scope and fee does not include construction support services during non-working days. A Non-Working Day is defined in the WSDOT Standard Specifications as "...unworkable because of weather or conditions caused by the weather that prevents satisfactory and timely performance of the work shown on the critical path of the Contractor's approved schedule." If the contract amount under this agreement is exceeded, the CONSULTANT may request a supplement to cover the costs incurred from work completed on Non- Working Days. • Construction will take no more than 220 working days. 31 • The Contractor will be responsible for environmental documentation requirements. • No Overtime has been estimated. • Assume the contractor will work 8:00 am to 5:00pm,working a 40 hour week,8 hours a day, I shift. • Office space for Consultant will be provided by the Contractor. • Consultant will provide vehicle and fuel,cell phone,standard safety wear and laptop computer. • Mileage for PPM, PM/RE, inspector and CA,assume 125 cm/ca x trips @ 80 miles+250 insp x trips*30 round trip(includes anticipated on-site daily mileage). Deliverables by Task: • 100 Pre-Construction Services 0 102 Disc of pre-construction photographs 0 104 Prepare hard copy and electronic file for project documentation 0 105 Prepare Project Templates (Design Changes, Change orders, Case Logs, Pay Estimates and ledger, Forecasted cost of Completion) 0 106 Prepare Project Logs (Design Changes, Change orders, RFI's, Submittals, Materials on Hand, Employment) 0 107 Pre-construction meeting agenda,sign-in sheet and minutes 0 109 (12)CONSULTANT Progress Invoices • 200 Construction Management Administration 0 201 Up to (12) Pay Estimates 0 202 Up to (44)Weekly Statement of Working Days 0 203 Employment documentation and tracking log for Contractor and Sub-Contractors 0 204 RFI responses and RFI Log 0 205 Issue Log 0 206 (6) Change Orders(CO),a CO Log and CO justifications with back-up • 300 Construction Services—Field 0 301 Review of lump-sum breakdowns 0 302 Field Note Records 0 305 Inspector's Daily Reports 0 306 Disc of construction progress photos • 400 Materials o none • 500 Project Completion 0 501 Meeting agendas,sign-in sheets and minutes for up to (2)close-out meetings 0 504 Final Punch List 0 505 Prepare Letter of Physical Completion 0 506 Disc of completed project photos 0 507 Contractor produced As-Builts(Record Drawings) 0 508 Final Pay Estimate and Voucher 0 509 Hard-copies of project files 0 510 Attend Wrap up meeting • 600 Survey Contractor shall provide: • Memo regarding grade calculation checks — Submit via email to CC with copy to APM within 5 business days of receipt of survey data from CC. • Memo regarding survey field checks—Submit via email to CC with copy to APM within 5 business days of request. • 700 Painting Inspection Services 0 701 Submit Construction Monitoring reports to document site visits • 800 Additional Services 32