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HomeMy WebLinkAboutReg 2017-02-21 Item 4E - Agreements - Boeing Access Road Over BNRR Bridge Rehabilitation with Jacobs Engineering Group: Supplement #5 for $260,956 / New Contract for $1,524,293.83COUNCIL AGENDA SYNOPSIS Imtialj Meeting Date Prepared by Mayorr review." Council review 02/21/17 BG „ LI Resolution Mtg Date 11 Ordinance Mtg Date ['Bid Award Mtg Date LI Public Hearing Mtg Date IIIJ Other Mg Date Mtg. SPONSOR E Council Eli Mayor Lil IIR [i] DCD 1111 Finance lire U IT 1 PeR • Police r■ PW SPONSOR'S Council is being asked to approve the construction management design support SUMMARY Supplement No 5 for $260,956.00 and a new construction management contract for $1,524,293.83 with Jacobs Engineering Group, Inc. for the Boeing Access Road over BNRR Bridge Rehabilitation Project. Jacobs was selected from three consulting firms. Construction management services will include project management, documentation, and inspection. The City is advertising construction bids on 2/15/17 and 2/22/17. ltiwilwol) BY E COW Mtg. Ell CA&P Cmte E1 F&S Cmte IZI Transportation Cmte E Utilities Cmte []Arts Comm. El Parks Comm. [1 Planning Comm. DATE: 02/14/17 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Unanimous Approval; Forward to Regular Consent Agenda ITEM INFORMATION ITEM No. 4.E. CAS NIBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 02/21/17 AGEM )A ITEM TITLE Boeing Access Rd over BNRR Bridge Rehabilitation Project Construction Management Contract and Supplement No. 5 with Jacobs CATE(;( 10' E Discussion Alts Date .11 Motion Date 02/21/17 LI Resolution Mtg Date 11 Ordinance Mtg Date ['Bid Award Mtg Date LI Public Hearing Mtg Date IIIJ Other Mg Date Mtg. SPONSOR E Council Eli Mayor Lil IIR [i] DCD 1111 Finance lire U IT 1 PeR • Police r■ PW SPONSOR'S Council is being asked to approve the construction management design support SUMMARY Supplement No 5 for $260,956.00 and a new construction management contract for $1,524,293.83 with Jacobs Engineering Group, Inc. for the Boeing Access Road over BNRR Bridge Rehabilitation Project. Jacobs was selected from three consulting firms. Construction management services will include project management, documentation, and inspection. The City is advertising construction bids on 2/15/17 and 2/22/17. ltiwilwol) BY E COW Mtg. Ell CA&P Cmte E1 F&S Cmte IZI Transportation Cmte E Utilities Cmte []Arts Comm. El Parks Comm. [1 Planning Comm. DATE: 02/14/17 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,785,249.83 $10,869,100.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 10, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 MTG. DATE ATTACHMENTS 02/21/17 Informational Memorandum dated 02/10/17 page 10, 2017 CIP Consultant Selection Scoring Matrix Jacobs Design Support Supplement No. 5 Jacobs CM Contract with Scope of Work and Fee Minutes from the Transportation & Infrastructure Committee meeting of 2/14/17 23 24 City of Tukwila Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Commit FROM: Bob Giberson, Public Works Director 1 BY: Steve Carstens, Senior Program Manager CC: Mayor Ekberg DATE: February 10, 2017 SUBJECT: Boeing Access Rd over BNRR Bridge Rehabilitation Project Project No. 99410408 Construction Management and Design Support (construction mgmt.) Service Contracts Allan Ekberg, Mayor ISSUE Approve two (2) contracts with Jacobs Engineering Group, Inc. (Jacobs). Contract 1 - Construction Management Design Support Supplement No. 5 to Contract #13 -161 and Contract 2 - Construction Management (new) contract for construction services related to the Boeing Access Road Bridge Rehabilitation project. BACKGROUND In October 2013 the City contracted with Jacobs to design the Boeing Access Road Rehabilitation Project. The City has completed the right -of -way certification, WSDOT has authorized the construction grant funding, and the project will be advertised for construction bids in mid - February. Staff recently performed a construction management consultant selection process and interviewed three firms. Jacobs was selected as the top candidate for the project due to their expertise, knowledge, and ability to provide the appropriately sized team for the project. These contracts with Jacobs will provide construction management services for the duration of the construction project. Note: For Contract 1, the City typically executes a contract with the Design consulting firm to provide on -call support for design services during construction. ANALYSIS The grant covers 80% of the project costs. The scope of work requires the consultant to provide all field work, testing, inspection, and documentation. It should be noted that the total estimated project costs are less than the budget amount. The estimated construction management fees for this project are a larger than normal percentage of the estimated construction costs due to the complex technical nature of the project and significant anticipated railroad coordination efforts. The total estimated project costs are well within the project budget. FISCAL IMPACT The budget for construction management and construction management design support are broken down as follows: Boeing Access Road Bridge Rehabilitation Contract Cost Budget Construction Management (Contract 2) $1,524,293.83 $1,124,000.00 Design Support CM Supplement No. 5 (Contract 1) 260,956.00 Estimate for Construction 8,558,100.00 9,745,100.00 Total 810,343,349.83 510,869,100.00 RECOMMENDATION Council is being asked to approve Contract 1 - Supplement No. 5 to Contract No. 13- 161(e) with Jacobs in the amount of $260,956.00 and Contract 2 - a new contract with Jacobs for construction management services in the amount of $1,524,293.83 and to consider these items at the Consent Agenda at the February 21, 2017 Regular Meeting. Attachments: Page 10, 2017 CIP Construction Management contract and supporting documents Design support Supplement No. 5 and supporting documents W: \PW Eng \ PROJECTS \A- RW & RS Projects \Boeing Access Rd Bridge Rehab (99410408) \03 Consultant Selection \Info Memo Jacobs CM & Sup #5 021017 gl-M- sm.docx 25 26 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 Boeing Access Rd over BNRR Bridge Rehabilitation Project No. 99410408 Rehabilitate the existing bridge with a 340' long concrete or steel bridge structure. It will be 6 lanes and have a sidewaik on one side. The existing bridge is structurally and seismicaHy deficient. Several pedestais are teaning, have concrete spalls, exposed rusty anchor bolts and reinforcements and some cracks. The existing railings do not meet current bridge standards. Type, size, and Iocation draft report (specifically required for bridges) was completed in 2005. Federal grant applications were submitted in 2008 and 2010 and the bridge rehabilitation was successful for funding in 2012 for federal bridge funds. A Public Works Trust Fund (PVVTF) loan was rescinded in 2013. Maintenance will be reduced. Bridge will be rehabilitated in phases to allow continued traffic use. Federal bridge grant of $9,745,600 requires a 20% local match. A bond issue for the City match was issued in 2015 with the Interurban Ave S. FINANCIAL Through Estimated 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 1.249 104 1,353 Lend(R8yN 100 100 Const. Mgmt. 1,124 1,124 Construction 9,745 9.745 TOTAL EXPENSES 1,249 204 10.869 0 0 U 0 0 0 12,322 FUND SOURCES Awarded Grant 905 163 8,677 9.745 Proposed Grant 0 FundBo|anm*Bond 344 41 2.192 2,577 Mitigation 0 City Oper. Revenue 0 0 0 0 0 0 0 0 0 0 TOTAL SOURCES 1,249 204 10,869 0 0 0 0 0 0 12,322 Project Location 201r-2022 Capital Improvement Program 10 Boeing Access Road Bridge Rehabilitation BHM- 1380(003) Jacobs individual reviewer scores DEA individual reviewer scores Berger ABAM individual reviewer scores Max Score Topics Firm Structure 30 30 25 20 27 20 30 28 24 30 Project Manager 20 20 16 10 17 8 15 18 15 20 Team availability and schedule 10 10 7 5 7 3 10 8 4 10 presentation 20 20 17 10 17 6 20 18 16 20 response to questions 20 20 15 10 17 7 20 18 14 20 Totals 100 100 80 55 85 44 95 90 73 100 Average 93.33 61.33 86.00 From each category, maximum score is shown on far right. Consultant with highest score (out of 100) was selected as the winning firm. Review Staff: Steve Carstens, Scott Bates, Peter Lau. Selection Date: 12/20/16 Top Firm: Jacobs Engineering Group, Inc. Selection Justification: the selected firm demonstrated relevant bridge experience, had the best /most appropriately sized team for the project, demonstrated intimate knowledge of the design, and has recent federal experience of similar sized structures. Based on the overall score /ranking, Jacobs prevailed. Suppl�������U�������k �����������* emental =°=" ����^ ~~~~ ~' � Number 05 O�an��n.a�A��� Jacobs Engineering Group Inc 6OO|00tb Avenue NB Suite 70O Bellevue, WA 98004 Phone: 425-452-8000 Original Agreement Number 13-161 Project Number 99410408, BHM- 1380(003) Execution Date 10/10/2013 Completion Date 12/30/2018 Project Title Boeing Access Road Over BNRR Bridge New Maximum Amount Payable $ 1,331,513.00 Description of Work This supplement is for providing design services during construction of the project. Detailed scope and fee for the services are attached. The Local Agency of City of Tukwila desires to supplement the agreement entered into with Jacobs Engi Group Inc. and executed on 10/)0/201] and identified as Agreement No. 13-161 All provisions in the basic agreement remain in effec except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See attached Exhibit A'| forSxpp|cmcnt 5 Scope nFWork 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Time for completion is revised to December 31 701R Section V, PAYMENT, shall be amended as foliows: Total payment will he increased hy S760,956 00 111 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. 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: Donald K Nelson, Operation Managr By: DOT Form 140-063 EF Revised 9/2005 Consultant Signature Approving Authority Signature Date City of Tukwila BOEING ACCESS ROAD OVER BNRR BRIDGE REHABILITATION PROJECT Construction Support Project Objective and Project Description This project will provide preliminary and final design and construction engineering services to the City of Tukwila (CITY) for the rehabilitation of the South Boeing Access Road over BNSF/UPRR Bridge. The Boeing Access Road Bridge, originally constructed in 1944 and widened in 1965, is a five span bridge, three steel girder spans and two concrete T-beam spans, supported on concrete piers founded on H-pile foundation. The project will be accomplished in the following three phases: Phase 1 — Bridge Rehabilitation Alternatives Evaluation Phase 1 of the project is to assess bridge conditions and identify its deficiencies by conducting an in- depth bridge inspection. Seismic analysis will also be performed to identify seismic vulnerability of the bridge under current AASHTO design level earthquake (1,000-year return period). The findings and recommendations, along with associated costs, will be summarized in a Design Report. Phase 2— Final Design (PS&E) Upon approval of the Design Report by the CITY the final construction documents (PS&E) will be prepared for the retrofit measures recommended and selected in Phase 1. The final design and the construction PS&E documents will be prepared in accordance with the City and WSDOT standards. Phase 3 — Construction Support The CONSULTANT will assist the CITY with design services during construction of the Boeing Access Road over BNRR Bridge and preparing bridge load rating analysis after completion of the bridge construction. The details of the tasks are described below. Project Schedule The preliminary project schedule will be developed upon notice to proceed for the project and updated as changes occur. The anticipated major milestone dates are: Phase 2: Phase 3: 30 To be completed Notice to Proceed Ad for Construction Construction begin Construction completion January 2016 February 2017 February 2017 March 2017 April 2018 JACO BS Scope of Work (Continued) PHASE 3 - CONSTRUCTION SUPPORT 1. PROJECT MANAGEMENT The CONSULTANT shall provide continuous project management and administration of services under this agreement. This work element includes preparing monthly invoices and progress reports, including the status of individual work elements, number of meetings attended, change management status, outstanding information required and work items planned for the following month. The CONSULTANT's Project Manager shall maintain communication with the COUNTY's Project Manager and the CONSULTANT's Project Team via meetings, telephone discussions, emails and other means necessary. An FTP site may be used for file transfer. The CONSULTANT's project manager shall provide direction to the project team including subconsultants supporting this project. Assumptions: ■ The project management for this phase is assumed for 16 month; CONSULTANT may provide services beyond this duration as requested by COUNTY and within limits of available budget. • The construction phase is anticipated to be approximately 16 months. • Headlight system will not be used in this Construction Support service. Deliverables: • Monthly Invoices and Progress Reports (up to 16) • Meeting minutes 2 ENGINEERING SERVICES DURING CONSTRUCTION 2.1 Attending Pre - Construction The CONSULTANT shall attend the pre- construction meeting prepare to answer any questions from the Contractor or the City regarding the construction. Deliverables: • Meeting notes and comments associated with the meetings. 2.2 Construction Coordination and Field Visits The CONSULTANT shall attend the construction coordination meetings and visit the site as requested by the CITY and /or required for clarification of construction - related issues or review of unusual or unanticipated conditions. Assumptions: • The scope of this task is based on attending monthly basis, an initial estimate of up to 16 site visits. Deliverables: ■ Meetings /Site visit reports (up to 16) • Technical memorandum regarding constructability issues or field revisons. SOW BAR DSOC 2017.01.09 31 JACOBS Scope of Work (Continued) 2.3 Response to Contractor's RFI's The CONSULTANT shall review and respond to Requests for Information (RFIs) throughout the construction period when requested by the CITY. Coordination and follow-up efforts witi be provided to ensure a timely review. CONSULTANT shall maintain a log of RFI's showing the level of efforts required for each and the Iog will be available for the CITY as requested. Assumptions: • The scope of this task is based upon an initial estimate of up to 100 RFI's at four (4) hours per RFI. • The Contractor 15 responsiblefor updating design record drawings to reflect responses to RFI's with redlines on record set. As-built plans will be prepared based on these changes at the end of construction by the CONSULTANTas specified in Section 4.2 ofthis Scope. Deliverables: • Responses to RFI's (electronic files) ▪ RFI's Log 2.4 Shop Drawings & Construction Submittals Review The CONSULTANT shall review the construction shop drawings and other Contractor submittals at the request of the CITY for general conformance with the Contract Plans and Specifications. All reviewed shop drawings and submittals will be returned with shop drawing stamped indicating appropriate action. Assumptions: • The scope of this task is based on an initial estimate of up to 50 submittals at 10 hours per submittal. • The Contractor 15 responsiblefor updating design record drawings to reflect any changes in the submittals with redlines on record set. As-built plans will be prepared based on these changes at the end of construction by the CONSULTANT as specified in Section 4.2 of this Scope. Deliverables: • Reviewed shop drawings and submittals (electronic files unless requested otherwise) • Submittal Log 3 Environmental Compliance (Widener & Associates) 3.1 NPDES Compliance The CONSULTANT shall provide weekly NPDES oversight to assure the Contractor compliant with the NPDES permit throughout the construction duration. Assumptions: • The scope of this task 15 based on 14-month construction duration. Deliverables: • Weekly Inspection Reports submitted to the DOE and copies to the City. 4 POST-CONSTRUCTION SERVICES 4.1 Bridge Load Rating Report The CONSULTANT shall complete the bridge load rating analysis based on the as-built conditions and SOW BAR DSDC 2017.01.09 32 JACOBS Scope of Work (Continued) prepare the bridge load rating report, including the summary sheet, in accordance with the current AASHTO Manual for Bridge Evaluation and WSDOT BDM and Bridge Inspection Manual. Assumptions: • The CITY's CM Team will provide the bridge as -built drawings. • Bridge load rating will meet the new FHWA's SHV rating requirements. Deliverables: • Bridge load rating analysis reports (Two (2) hard -copy sets of the load rating, including load rating summary, analysis report, and other calculations (prepared in 8 %z" x 11" sized, "D" ring, "Quick Fit Brand View Binder ") • Bridge Load Rating Summary (signed and sealed by a P.E. licensed in the State of Washington) • One (1) complete electronic file of the hard -copy set in PDF. • Posting /uploading of the load rating report into the WSBIS software once approved by the City. 4.2 As -Built Drawings The CONSULTANT shall prepare as -built plans at the substantial completion of the project based on the information provided by the Contractor and the Construction Management Team. All the changes occurred during construction will be shown in clouds with revision blocks on the original design files. Assumptions: • The Contractor and /or Construction Management Team will provide the as -built information, including all the design changes during construction in the field, in a single set of redline plans. Deliverables: • As -Built Plans (2 hard copies and AutoCAD files in CD) SOW BAR DSDC 2017.01.09 33 EXHIBIT E -2A Supplement No 4 City of Tukwila Fee Proposal South Boeing Access Road Bridge Rehabilitation Project - Design Services During Construction JAC© S Task Description Project Manager Sr. Str. Eng. Sr. Civil Eng. Des. Eng. CADD Contract Admin Non- Project Admin Jacobs Total Hours Jacobs Cost by Task Sub - consultant 1 Project Management & Admin. 144 0 16 24 0 4 16 204 $17,200 o . xdin rl ra (trsswac 16 rnorr1hs) 80 16 2d cJ 124 k2"0; -par : irr /Irranrc: 64 16 ,fill 2 Engineering Services during Construction 88 130 92 878 80 0 0 1,268 $57,651 1 1 A c.,., ?Gz,r,rl I re- C<rnstructiou N eting (7 6 6 20 2 2 Consrroct ern ctwrdir Elan 61 /61/ visit (assume 7/1) 6,1 16 20 100 2 7 RCS sr> to 00 /aoctar''s 881' , (as.s in r 100) 50 50 . 00 100 2.1 Shop d1 truc , r, , uhr tt I rr.✓i<'w ( rrr- a 50) 80 20 400) 500 3 Environmental (Widener & Associates) 0 0 0 0 0 0 0 - $44,718 Co∎Btruricon.uppa r t (680611a <pec ion x 14 maaths) 4 Bridge Load Rating (TranTech) 8 0 0 76 40 0 0 124 $4,999 4 7 Final BOda Load Ruth, (6rru 1 rich) .1 16 20 $10,000 4: (omplete 804)11/ ' s /or Irrcord 4 60 40 104 Total Hours 232 130 108 902 80 4 16 1,472 I Billing Rates - Negotiated Hourly (Estimated) $236.27 $155.00 $177.82 $79.61 $93.44 $116.81 $58.40 11 JACOBS Total Direct Labor $79,850 $54,718 Overhead (103.61% of Direct Labor) $82,733 Fee (30% of Direct Labor) $23,955 TOTAL LABOR COST $ 186,538 54,718 Direct Expenses (mileage, mailing, etc.) $1,000 Contingencies (10 %) $18,700 Sub -total $ 206,2381 $ 260,956 TOTAL Assumptions The budget is based on "cost +fixed fee" method. Mileage are paid at current federal allowed rate. The project duration is assumed for 16 months C: I UserslkimkslDesktoplTukwila BoeinglScopingl DSDCleoeing Access Road Br DSDC draft_ 2017.01.09 1/9/2017 34 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Frm/Organization Legal Name (do not use dba's): Jacobs Project Managernent Co Address 600-lO0tb Ave P4E Suite 700, Bellevue VVA900O4 Federal Aid Number UBI Number 602-002-307 Federal TIN or SSN Number 35-2321289 Execution Date Completion Date June |,20|8 1099 Form Required Federal Participation Yes Fl No Yes i No Project Title Boeing Access Road Bridge Rehabilitation P 'ect Description of Work Provide construction inspection and management services for the Boeing Access Road Bridge Rehabilitation project Total Amount Authorized: $1,524,293.83 Management Reserve Fund: $0.00 Maximum Amount Payable: $1,524,293.83 Yes ri No DBE Participation III Yes No MBE Participation �—1 Yes �@ No Participation -- -- Yes No SBE Participation Index of Exhibits Scope ofWork DBE Participation Preparation and Delivery ofElectronic Engineering and Other Data Prime Consultant Cost Computations Sub-consu!tant Cost Computations Title VI Assurances Certification Documents Liability Insurance lncrease Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: LocalAgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 3/11/2016 THIS A made and entered into as shown in the "Execution Date" box on page one (1) ofthis AGREEMENT, between the City of Tukwila hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this /\GR£EMENl[ hereinafter called the ''C()N8i]L[AN1[" VVI-IFREAS,Lhc/\GENCYdcsircstoaccomp|i*hthcvvorkrefercuccdin"DcmcripiionofWock" onpngcone(1) of thrc, 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 VVHFKE/\S`thc 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: D. General Description of Work The work under this AGREEMENT shall consist ofthe above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish alt 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. UK, General Scope of Work The Scope of Work and p 'ectcd|evc|nfeffoulrcquirodfbrihescSERVlCESisdcacrbcdiuExhiNt'A" attochcd hereto and by this reference made a partofthisAGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects ofcoordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contact 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 "^8." 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 ofthe SERVICES in sufficient detail SO that the progress ofthe 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 alt 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 Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 3/11/2016 36 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SHE), if required, per 49CFR Part 2h, shall bc shown on the heading of this AGREEMENT. IfDBE 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. |[ 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 o[ this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of3O% of the total arnount 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 ofthe 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: Name: Steve Carsten, PE Agency: City of Tukwila - Public Works Dept Address: 6300 Southcenter Boulevard City: Tukwila State: WA Zip: 90188 Email: Steve.Carstens@TukwilaWA.gov Phone: (206) 431-2446 (ext 1646) Facsimile: 206'431-3665 |ftoCONSULTANT: Name: Jay Rueter Agency: Jacobs P ject Management Co Address: 600 - |00th Ave NE, Suite 700 City: Bellevue State: WA Zip: 48004 Email: 'ay.huctcr@jacobs.comn Phone: 425-990-6854 Facsimile: N/A IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing hy 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 Agency A8EProfessional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 3/11/2016 V Payment Provisions The(_ ONSULTANT shall be paid by the AGENCY for completed SERV!CES 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, specffied in Section 11, "Scope ofWork". The CONSULTANT shall conform to alt applicable portions of 48 CFR Part 31 (\\\\ \\ ,or). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" anid "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 ofthe CONSULTANT'S actual cost plus a fixed fee. The actual cost shall inc!ude 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 ofthe 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: [on u||mniNu|cs sJoLxu Lior. Failure to supply this information by either the prime CONSULTANT or any nf 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 bilting purposes is approved. The AGENCY's Pr ject Manager and/or the Federal Government may perform an audit ofthe CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, ifthey so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actuat Cost to the CONSULTANT. These charges may include, but are not timited 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 l3-82, Chapter |0— 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 bitling for Direct Non-Satary Costs shall inctude an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies ofthe original supporting documents shall be supplied to the AGENCY upon request. Alt above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 3/11/2016 38 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 ofWork. In the event the CONSULTANT enters into a supplernental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additiona! 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 ofthe Fixed Fee earned but not previously paid in the progress payrnents will be covered in the final payment, subject to the provisions of Section IX entitled "Terrnination ofAgreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreernent 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 >{l||, "Extra \4ock." 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 lC}t 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 111, "General Requirements" ofthis 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) Labor rates, and present duties of those employees performing work on the PROJECT at the time ofthe interview. C. Final Payrnent: 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 ofthe work under this AGREEMENT, contingent, if applicable, upon receipt n[all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMEN1'. Acceptance ofsuch 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 ofany billing will not constitute agreement as to the app ofany 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 ofafinding 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 flndings. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 3/11/2016 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 14 Revised 3/11/2016 40 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 ofthis 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 A(,RE EMENT tor the CONSULTANT VIII. Nondiscrimination During the performance of this AGREEMENT, the subcontractors and successors in interest, agrees to • Title VI of ofthe Civil RightsAct of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal-aid Highway Act of 1973 (23 U.S.C. Chopter3G324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter |h Subchapter V87g4) • Age Discrimination Act of 1975 (42 U.S.C. Chupicr7686|O| e/. seq.) CONSULTANT, for itself its assi sub-consultants, comply with the following laws and regulations: • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Cbuptorl208 12101 et. xog) • 23 CFR Part 200 • 49CPR Part 2l • 49[FQ Part 2h • RCW 49.60.180 In relation to Title VI ofthe Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit F" attached hereto arid 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 ofequipment, 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 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 ofthe 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. Ifthe services ofthe CONSULTANT are terminated by the AGENCY for default on the part ofthe 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 Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 3/11/2010 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 oftermination. 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) ofthis 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 ofthe AGENCY. In such an event, the CONSULTANT would be reirnbursed for actual costs and appropriate fixed fee percentage in accordance with the terrnination 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 ofthe CONSULTANT or the death or change ofany ofthe CONSULTANT's supervisory and/or other key personnel assigned to the pr 'cc1ordisu[fi|iationofuoyprincipu||y involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY in writing, in the event ofthe sale or transfer nf5OY6or more ofthe 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 ofthis section. Payment for any part ofthe 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 ofthe CONSULTANT to perform SERVICES required ofit 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 X||l "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 ofthe Superior Court ofthe State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency A&E Professiona Services Cost PIus Fixed Fee Consultant Agreement Page 8 of 14 Revised 3/11/2016 42 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 ofany 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 legaily 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 legaily 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 ofthe Work under this AGREEMENT or arising out ofany 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 bc 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 Professiona Services Cost PIus Fixed Fee Consultant Agreement Page 9 of 14 Revised 3/11/2016 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 ofa new sole source, or an acceptab!e 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 ($|,OUO,O00.00) per occurrence and two million dollars ($2,00O,0OO.O0) inthe aggregate for each policy period. C. Business auto Iiability 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 agent will be named on alt policies of CONSULTANT and any sub- consu!tant and/or subcontractor as an additional insured (the ^^/\ls`l, with no restrictions or limitations concerning products and completed operations coverage. This coverage shalt be primary coverage and non-contributory and any coverage maintained by the AIs 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 alt rights of subrogation against the AIs. 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 alt 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 ofthis AGREEMENT to: Name: Steve Carstens Agency: CityofTukvvi|u - puh|icWorknDept Address: 6300 Southcenter Boulevard City: Tukwila State: WA Zip: 98188 Email: Stcvc.CurmtcoagTukv/i|oW/\.gov Phone: (206) 431-2446 (ext 1646) Facsimile: 206'431-3665 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 |}{ "Termination ofAgreement" of this AGREEMENT, shall be limited to the accumulative amount ofthe authorized AGREEMENT amount or one mittion 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 C()NSDlJ[ANT`aprofeaaiooa| liability to third parties be limited in any way. Agreement Number: Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 3/11/2016 44 The parties enter into this A 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 full cornplied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is uvul8ab|otn it under other provisions o[ 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. U. 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, ifthe 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 }{l "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. B. 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 thern. XV. Federal 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-I (a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit `^(]-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions ofthe lise ofFederal Funds for Lobbying and Exhibit "G-4" Certificate ofCurrent Cost or Pricing Data. Exhibit ^`(]-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 P!us Fixed Fee Consultant Agreement Page 11 of 14 Revised 3/11/2016 XVUU, 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 I iahie 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 ofthe 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 Iicense numbers, medical data, law enforcernent 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 mayjeopardize any part of the project ject 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 irnplement 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 ofthe 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 ofthe 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 Agency A&E Professional Services Cost Plus Fixed Page 12 of 14 Revised 3/11/2016 46 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 ofsuch information during the term ofthis AGREEMENT and afterwards. Alt materials containing suchpvopricta[yund/orconfidendu|infbnna{ionshd|bcc|cadyidendfiedundmnurkcdus^`Conhdcnhu[`undshu|| 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 in[hrnnodon" 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 disctosed 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 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 disc\onurc. If the CONSULTANT fails to obtain the court order e 'oiniug 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 o court ofcompetent 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 otherjudicial relief enjoining 1bc&(]ENCYbythcrc|camodu1e"1hcC{)NSl}LTANTxha||v/oivc 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 ofthe Work and SERVICES provided hereunder and for a period period ofnot 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 alt "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place ofbusiness 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 ("B3l"),thu1 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 ofmeetings, Agreement Number: Local Agency A8EProfessional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 3/11/2016 tabulations, computations, su0000mdco,invcutohca,andvvrdingsreoordingcnnferenocy,convccsodousor 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, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Fites", 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 CONSLJLTANT 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 Qcs" 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 ofthe day and year shown in the "Execution Date" box on page one (1) ofthis AGREEMENT. Signature Date Signature Date Any modification, change, or reffirmation of ojthis AGREEMENT shall require approval as 10 form by the Of/ice n/ the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 3/11/2016 48 Exhibit A Scope of Work See attached Project No. Agreement Number: WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014 49 SCOPE OF WORK Agreement Number: Construction Management Services City of Tukwila — Public Works Department South Boeing Access Road Bridge Rehabilitation Consultant: Jacobs Project Management Company Client: City of Tukwila — Public Works Department Assignment: This Assignment is to provide Construction Management services to the City of Tukwila for the South Boeing Access Road Bridge Rehabilitation. Anticipated consultant staff for this project includes: 1 part time Design Liaison, 1 part time Project Manager, 1 part time Home Office Contract Administrator, 1 full time Resident Engineer /Project Manager, 1 full time Lead Inspector, 1 full time Document Control. As needed resources include: additional inspection, material testing, geotechnical reviews and surveying. Work is expected to begin on or around Monday, January 23, 2017 Scope of Work: Consultant shall furnish all services and labor necessary to complete the following tasks as provided for in the Estimate for Construction Services: 100 — PROJECT MANAGEMENT Task 101 — Administration of the Consultant Construction Management Agreement Provide overall project management & oversight, coordination with the City, monthly progress reports, and invoicing. This effort specifically includes the following: a) Develop and follow reporting and invoicing procedures specific for Construction Management Services for this project, review and adjust procedures as may be requested by. the City. b) Prepare and submit invoices and monthly progress letter outlining service performed during that month including amounts spent to date and amounts remaining. c) If work is required by the CONSULTANT outside the scope of work identified herein, the CONSULTANT'S project manager shall immediately notify the City's Project Manager and propose alternatives to complete the work within the existing scope and budget, or if collectively agreed, proceed with the development of an amendment. Deliverables: a) Consultant monthly invoices with progress report. Assumptions: a) Field office to be provided by others as provided in the Construction Contract and shall include: a. Office desk and executive chair (3 each) b. Conference table (36" x 72" min) and chairs (8 each) c. Four (4) drawer legal file cabinet d. Metal trash cans and recycle bins (3 each) e. Color photocopy machine, with PDF scanning capabilities for sizes up to 11 x 17, own under storage cabinet, preset reduction to 50% and enlarge to zoom in 1% increments, bypass tray, and a repair and maintenance service contract with 4 hour service response on site -parts and labor f. FAX machine g. Internet access — wireless and local area network Exhibit A - Scope of Work Boeing Access Road Rehabilitation Jacobs Page 1 of 5 50 200 — PRECONSTRUCTION PHASE SERVICES Task 201 — Preconstruction Review of construction contrac and City supptied construction management documents; attend meetings as requested by the City. Organize and conduct the Pre-Construction conference. PIan and organize forms, standards and documentation to be used during construction for tracking adherence to contract documents by construction contractor. Deliverables: a) Contract document review comments. b) Provide pre-construction meeting documents (agenda, sign in sheet, draft and final meeting minutes, etc) c) Prepare Iogs for: i. Change Orders, ii. |omues/pnhantia|changeo iii. ROM/RAM, iv. Submittal log v. RFI's, vi. Non-Conformance Reports vii. Required documentation (sublets, affidavits, debarment, certification for fed projects, and other required forms for prime/subs) viii. Training program and trainee hours ix. Equipment rates/Labor rates x. Force Account xi. Pay Estimate Ledger and quantity tracking xii. DBE xiii. Ticket logs xiv. Wage rate interviews xv. Field Memos xvi. Design changes xvii. Incidents xviii. Correspondence 300 — CONSTRUCTION PHASE SERVICES Task 301 - Construction Services — General and Administrative Construction Management of Construction Contract The Consultant, under the direction of the City's Project Manager, shall provide the following: a) Provide monthly construction schedule review with corresponding technical analysis prepared by Resident Engineer including review of Iogic, durationo, and work zones. b) Review Contractor's submittals (RAMs, TESC & SPCC Plan, TCP, shop drawings, etc.) for initial conformance with contract requirements. Distribute to appropriate reviewer as necessary and provide draft responses for approval by the City, c) Provide and/or coordinate draft responses to Contractor's Requests for Information (RFI's) for approval by the City d) Provide Field Directives to the Contractor as required with prior approval by the City. e) Review and make recommendations on requested Change Orders — includes review of Contractor's cost proposal. Provide independent cost estimate (may require additional resources for structural change orders, resources not included in budget and would be considered Additional Services) f) Coordinate off-site fabrication inspection with relevant independent testing authority Exhibit A - Scope of Work Boeing Access Road Rehabititation Jacobs Page2of5 g) Coordinate on- ite testing as necessary. h) Facilitate utility coordination for existing and new utility improvements. i) ssue Correction Notices when appropriate and as approved by the City. j) Issue Stop Work Notices when required and as approved by the City. k) Attend project and public meetings, and assist in preparation of meeting notes (develop agenda, etc). |) Chair Weekly Construction Progress Meeting -ino|udeu: i. Draft, distribution and finalization of Weekly Construction Project Progress Meeting minutes ii Prior to mesding, update and distribute Iogs for Submittals, RR's. NCR'a, Change Orders iii. Prior to meeting, update and distribute to the City the Potential Cost Issue Log iv. Receipt of Contractor's Daily Diary for preceding weeks work v. Review of Contractor's Record Drawings m) Provide project administration per WSDOT and Federal requirements, which will include, and not be limited to (Construction Management budget is based upon the following items — additional items would need to be reviewed for potential cost impacts): i. Equal Employment Opportunity and Monthly Utilization Reports. ii. Prevailing wage verifications and interviews. iii. Disadvantaged Business Enterprise and Training Goals, iv. Record of Materials (ROM), Certificate of Material Origin and Manufacturer v. Certificate of Compliance tracking. n) Maintain construction files using a format provided by the City. o) Update logs contained in 201c at least monthly and distribute as requested by City p) Punch list. Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a 'punch list' of items to be completed. q) Prepare substantiat comptetion and close out documentation as requested. This can inctude: i. Orderly transfer of field records and documents, including as-built drawings and specifications. ii. Resolution of outstanding contractuat issues e.g. changes or claims. iii. Assessment of Iiquidated damages, if any. iv. Contractor's final payment. r) Review and verification of complete project files prior to delivery to City. Includes periodic internal audits (mid-point with monthly follow up on any deficient items) to ensure documentation is complete. s) Coordinate with contractor to obtain outstanding project documentation t) Other tasks as requested by the City. Consultant shall request additional funding if it appears that the additionat tasks wilt exceed the approved budget. Deliverables: a) Monthly construction schedule review b) Consolidate, review and conform draft responses for Contractor's submittals and RFI's. Distribute upon approval. c) Draft Field Directives for City's review. Distribute upon approval. d) Change order review and opinion for entitlement, quantum and schedule impact. e) Draft Correction Notices (Non Conformance Report) for City's review. Distribute upon approval. f) Draft Stop Work Notices for City's review. Distribute upon approval. g) Prepare and distribute draft meeting minutes for review and comments. Consolidate comments, finatize and distribute meeting minutes. h) Update and distribute logs prior to Weekly Construction Progress Meeting i) Comptete WSDOT and Federal contract administration as outlined above. j) Construction document files upon completion of project. (Two paper copies and one electronic file) k) Draft Punch List for City's review. Distribute upon approval. |) Weekly statement of working days m) Review of contractor LS breakdowns for accuracy and payment purposes Exhibit A - Scope of Work Boeing Access Road Rehabititation Jacobs Page 3 of 5 52 n) Provide construction contract monthly progress payment rec mmendation (format by City) Task 302 - Construction Services — Inspection Services The Consultant shati provide the foltowing: a) Observe Contractor's activities for compliance with the Contrac Documents, and generate construction audit trail using City's provided Inspector's Daily Report (IDR) and other required special inspection forms. b) Monitor Contractor's activities for compliance with all regulatory, environmental, permit and material requirements, including: (Noted in IDR) i NPDES Construction Permit (TESC and water quatity requirements). ii. ROM requirements. iii. Railroad Overpass Agreement (aka Construction and Maintenance Agreement) iv. Ratroad Temporary Occupancy Permit v. Approved Traffic Control Plans vi. Other requirements as directed by the City. c) Track Change Orders and Force Account activities for appropriate reimbursement and Time Impact Analysis. (Noted in IDR) d) Actively confirm Contractor's coordination of construction activities with adjacent property owners, businesses, utilities and other agencies through review of the required Project Schedule and notice forms. e) Document as-constructed conditions of the project for the eventual creation of the Record Drawing. The Construction Contractor shaU furnish a red-lined plan set to the City at the completion of the project; and the Consultant shall weekly verify the accuracy of the Contractor's Record Drawings during construction. Respond and record decisions to questions which may arise regarding the quality, quantity and acceptability of material furnished, work performed, and rate of progress of work performed by Contractor, (Noted in IDR) f) Direct Contractor to promptly rectify any non-conforming work observed. g) Assist the City in the documentation and investigation of malfunctions, failures, or accidents that may occur during construction. (Noted in IDR) h) Other tasks as requested by the City. . Consultant shall request additional funding if it appears that the additionat tasks will exceed the approved budget. i) Observe and document placement of materials and work completed for progress payments j) Project Photos with date stamp, location and description (may be included in Headlight application) Deliverables: a) Inspector Daily Reports b) Paper copies of as-builts shall be provided on 11x17 paper, bound, single sided sheets. Two copies. Task 303 - Construction Services — Materials Testing The Consultant shall provide the foliowing: a) Coordinate, obtain and evaluate tes results from testing services (e.g. turbidity monitoring pressure testing, closed circuit television inspection, concrete strength, bedding and backfill, gradation, subgrade and asphalt compaction testing).Promptly notify the City of any failing test reports. Deliverables: a) Test reports b) Notification to City (email, verbal) of any failing test reports and initial Contractor remedial actions Task 304 - Construction Services — Geotechnical Inspection Services The Consultant shall provide the following: a) Inspect and accept Bottom of Shaft Excavation per WSDOT 2016 Standard Specification 6-19.3(3)D Exhibit A - Scope of Work Boeing Access Road Rehabilitation Jacobs Page 4of5 b) Observe Contractor's Compaction Grout SoiI Densification c) Sample and test for contaminated material as directed by the City Deliverables: a) Daily Inspection Reports b) Test reports for suspected contaminated materials Task 305 - Construction Services — Survey The Consultant shall provide the foltowing: a) Prior to Contractor performing the appropriate Work, rovew, confirm and approve Contractor's surveying to assure layout accuracy. Such approval shall not relieve the Contractor of responsibility of accuracy of the stakes b) Confirmation monitoring of Contractor's Settlement Monitoring c) Final as-built survey Deliverables: a) Survey notes Task 306 — Electronic Daily lnspection Reports (Headlight) Daily inspection reports shall be completed using Headlight. The City will be allowed access to the project IDR's and updates Deliverables: a) Paper and electronic copies of IDR's. 400 — ASSUMPTIONS a) Budget i. Staffing levels are anticipated in accordance with the attached budget estimate (see attachment) ii. Project vehictes are not contained within the scope or budget of this project. iii. Vehicle mileage will be reimbursed at the Federal Internal Revenue Service Standard Business Mileage Rate in effect at the time the mileage expense is incurred. Mileage is based from the individuals "home base". Fult time CM team members base is considered the job trailer. Some subconsultants (Shannon & Wilson) consider their office as home and will be reimbursed portal to portat. iv. The current budget is based upon a 40 hour work week with an overtime allowance. As a matter of safety, cos and efficiency, Jacobs would like to timit scheduled overtime to not more than 10 hours per week for a total 50 hour work week The City will notify Jacobs if they feel additional resources are required. Compensation for additional resources will be based upon that person's alt-inctusive rate. v. The tevel of effort required will not exceed the approved budget without prior approval by the City. 500 — ADDITIONAL SERVICES When requested by City, Consultant shall provide additional services that may increase the level of effort described in this document. Authorization to perform additional services will be in the form of a mutually negotiated Supplement to this Agreement, specifying the work to be performed, and basis of payment. Exhibit A - Scope of Work Boeing Access Road Rehabilitation Jacobs 54 Page 5 of 5 Exhibit B DBE Participation N/A Agreement Number: WSDOT Form 140 -089 EF Exhibit B Page 1 of 1 Revised 10/30/2014 55 56 Exhibit C Preparation and Delivery of Electronic 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 en preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 57 D. Specify the Agency's Right to Review Product with the Consultant N/A E. Specify the Electronic Deliverables to Be Provided to the Agency N/A F. Specify What Agency Furnished Services and Information Is to Be Provided Final project plans and specifications Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 58 II. Any Other Electronic Files to Be Provided Inspection reports to be completed using Pavia Systems Headlight application. Inspection reports to be saved as PDF file and hard copies provided to the City as part of document turnover at the end of the project III. Methods to Electronically Exchange Data N/A WSDOT Form 140-089 EF Exhibit C Revised 10/30/2014 Page 3 of 4 A. Agency Software Suite N/A B. Electronic Messaging System N/A C. File Transfers Format Hard copies and PDF of project files to be transfer to City upon completion of the project WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 60 Exhibit D Prime Consultant Cost Computations See attached Agreement Number: WSDOT Form 140 -089 EF Exhibit D Revised 10/30/2014 Page 1 of 1 61 Exhibit D JACOBS - Estimate for Construction Services City of Tukwila - Boeing Access Road Bridge Rehabilitation 1/23/2017 Title Personnel Billing Rate Billing Rate 1 Total Hours J Total Cost 2017 -2018 2018 -2019 (estimated) I 1 JACOBS Project Manager Jay Hueter $ 236.97 $ 246.45 124 $ 29,763.78 Resident Engineer /Assistant Project Manager Bryan Nicholson $ 129.76 $ 134.95 2,946 $ 386,634.09 Document Controls Cathy Braswell $ 108.61 $ 112.96 2,672 $ 293,862.45 Lead Inspector /Assistant Resident Engineer Chris Lyons $ 132.93 $ 138.25 2,866 $ 385,457.47 Headlight/Contract Administration Arlene Prieto $ 129.55 $ 134.74 152 $ 19,982.42 Contract Administration Dawn Gamier $ 162.04 $ 168.52 68 $ 11,148.24 — — Subtotal - Jacobs 8,828 $ 1,126,848.44 Jacobs - Labor $1,126,848.44 Directs $397,445.40 Total $1,524,293.83 62 Exhibit D ESTIMATED DIRECTS JACOBS Duration = 16 months Communication 2,400.00 !pad data plans. External Hard Drives (To City at Completion) $ 200.00 Vehicle Lease No Vehicles provided by Jacobs for this project. Reproduction Expenses $ 500.00 Express Mail 500.00 Mileage $ 1,000.00 allowance Subconsultant - Shannon & Wilson (Geotech) $ 33,716.00 quote 1 Alliance (Survey) 66,332.00 quote O'Neil Services Group (Testing) 215,394.64 quote TranTech (Inspection) $ 38,273.00 quote Overtime Premium $ 16,779.76 Headlight - 16 months $ 20,000.00 Headlight = $13,547.00 Added amount for customization (IDR Reports) and support (if needed) Office Supplies (paper, desk supplies, file folders, writing utensils, etc.) 800.00 $50 /month Field Supplies (paint, write -in -rain books, etc. 800.00 $50 /mo. Safety $ 750.00 Total All Estimated Directs $ 397,445.40 63 64 Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. See attached Agreement Number: WSDOT Form 140-089 EF Exhibit E Revised 10/30/2014 Page 1 of 1 65 Exhibit E eg o. NUMBER 16-149 1 A L L I A N 0 E GEOMATICS SURVEYING SURVEYING ER MAPPING MBE/DBE S Boeing Acc Rd Br CM CLIENT Jacobs OWNER Tukwila TASK Principal PM Project CADD 5 CADD 3 TECH 5 TECH 3 AMAIN FEE 305 - Construction Services - Survey $ 175.00 $ 150.00 $ 125.00 115.00 $ 95.00 $ 11500 $ 95.00 $ 75.00 TASK No. DESCRIPTION HOURS 1 Contractor's Surveying QA/QC 388 4 16 24 56 56 112 112 8 41,980 2 Contractor's Monitoring QA/QC 84 1 2 4 12 16 24 24 1 $ 8,990 3 final As-Builts 140 2 4 8 12 32 40 40 2 $ 14,920 4 0 $ - 5 0 $ - 6 0 $ 7 0 $ - 8 0 $ 9 0 - 10 0 11 0 - 12 0 13 0 $ . 14 0 $ . 15 0 - 16 0 $ 17 0 $ . 18 0 $ TOTAL HOURS 612 7 22 36 80 104 176 176 11 $ 1,225.00 $ 3,300.00 $ 4,500.00 $ 9,200.00 $ 9,880.00 $ 20,240.00 $ 16,720.00 $ 825.00 TOTAL DIRECT BURDENED SALARY COSTS $ - $ 65,890.00 65,890 OTHER DIRECT COSTS MILEAGE I (ONE WAY) 14 MILEAGE (TOTAL MILES) 616 $ 333 number of field days 22 PER DIEM (DAYS) - NOTES LODGING (DAYS) MATERIALS & SUPPLIES 99 OTHER (DESCRIBE) $ - SUE LOCATES - TOTAL OTHER DIRECT COSTS $ 432 GRAND TOTAL FEE ESTIMATE $ 66,322 16-149 JAG - TUK BB CM 66 MA2016 \ 16-149 JAC TUK 000000N 0010Proposal \ 16-149 JAG - TUK BB CM 2/2/2017 Exhibit E OSG Estimate for Boeing Access BNRR Bridge Rehabilitation UPDATED TABLE OF BUDGET BREAKDOWN BASED ON FYE 15 OVERHEAD RATES Task Description No, of Units Per No & Type Units Direct Labor Overhead Fee(Profit) Hourly Estimated $87.14 Visits Visit of Rate (NTE) 8 880 g Cost $35.14 512,00 $87.14 $76,679.68 87.84% 30,00'% Rate te ) NTE) 64 Construction Inspection d Materials Testing Services 'tabor r tes are t. 5x the standard rate for nigh0, weekends. and hours over 8 per day. Four hour minlmu n charge (or i spections. " Ellllnp Multiplier (LOA dlrnt labor ratel.10.8784xdirrv:t labor rate) (0.30 x direct labor rate)= 2.1784 x direct lab rrate 67 Reinlroced concrete 55 8 440 hours $40.00 535.14 512.00 $87.14 $38339.84 Structural steel (erection, welding, & bolting) 110 8 880 hours 540.00 $35.14 512,00 $87.14 $76,679.68 Structural steel fabrication shop audit inspection (AISC approved fabricator) 8 8 64 hours 540,00 535.14 512.00 $87.14 55,576.70 Soil and asphalt compaction 72 8 576 hours 540.00 535.14 $12,00 587,14 $50,190.34 Project Manager (meeting, report review, final letter) 96 1 96 hours 562.00 554.46 $18.60 $135.06 512,965,84 Administrative 96 1 96 hours 53730 532.94 $11.25 581.69 $7,842.24 Concrete /grout /mortar test cylinders (Unit Cost) 55 4 220 each 522,00 $4,840.00 Moisture /density relationship (ASTM D 698, D 1557) 5 1 5 each 5200.00 $1,000.00 Grain sire analysis (ASTM C 136/C 1171 10 1 10 each $100.00 $1,000.00 Sand equivalent (ASTM D 2419) 10 1 10 each $80.00 $800.00 Fracture face count (WSOOT 103) 5 1 5 each $50.00 $250.00 Rice density (ASTM D 2041, AASHTO T245) 5 1 5 each $90.00 $450.00 Asphalt oil content ignition method(ASTM 0 6307) 5 1 5 each $250.00 $1,250.00 Vehicle (Unit Cost Local Seattle Area) 245 1 245 trip /day 958.00 $14,210,00 Estimated Project Budget 9215,394.64 'tabor r tes are t. 5x the standard rate for nigh0, weekends. and hours over 8 per day. Four hour minlmu n charge (or i spections. " Ellllnp Multiplier (LOA dlrnt labor ratel.10.8784xdirrv:t labor rate) (0.30 x direct labor rate)= 2.1784 x direct lab rrate 67 Exhibit E Geotechnical Services Construction Phase Estimate South Boeing Access Road- Airport Way Overcrossing City of Tukwila, Washington SHANNON 8 WILSON, INC. Direct Exp Item Unit Unit Price Qty. Sub -Total Expenses 68W Copies /Reproduction ea $0.10 60 $6.00 Color Copies /Reproduction ea $1.00 40 $40.00 M /eege m 50 540 1000 $540.00 erkup nri ODC (03/4 8 ODC Total $ 586 The above is a rough estimate of effort and was not ba ed on the Contractor's schedule. The actual will need to be adjusted based on the Contractor's actual schedule. 1/12/2017 68 21- 2-61537 -001 LABOR SCOPE OF WORK ITEM Assoc/Sr PIC Associate Senior Engineer Engineer Drafting Clerical Subtotal Hours N 6i lG!r„ s MENNINENRO4 e $7M 485 TASK 1 • Contractor Submittals (included as art of Design Services During Construction) TASK 2 • Shaft and Pile Field Observation Kickoff meeting 2 2 2 6 RR Safety training /site meeting 4 4 Office Support 2 8 8 18 Review Driving Records /CSL 1 4 5 Field Observation 80 80 TASK 3 Compaction Grouting Kickoff meeting 2 2 2 6 RR Safety training /site ineeting 4 4 Office Support 2 10 8 20 Review Verification Borings /CPTs 1 4 Field Observation 100 100 TASK 4 Wall backfi6 and compaction Office Support 2 2 Field Observation 16 1.6 TASK 4.5- Project Management Project Management 4 4 8 Team Meetings /Conference Calls Subtotal Hours 10 36 224 4 274 Subtotal Labor Fee 52050 80,120 $24,040 5320 $33,130 TOTAL FEE (Labor + ODC) $33,716 SHANNON 8 WILSON, INC. Direct Exp Item Unit Unit Price Qty. Sub -Total Expenses 68W Copies /Reproduction ea $0.10 60 $6.00 Color Copies /Reproduction ea $1.00 40 $40.00 M /eege m 50 540 1000 $540.00 erkup nri ODC (03/4 8 ODC Total $ 586 The above is a rough estimate of effort and was not ba ed on the Contractor's schedule. The actual will need to be adjusted based on the Contractor's actual schedule. 1/12/2017 68 21- 2-61537 -001 Exhibit E TranTech Exhibit B - Subconsultant Cost Computations SEC 1,1411111111',111 " City of Tukwila Boeing Access Road Bridge BNSF RR CM Services Project — Inspector Adm in Manager Work Element 1 - Project Managemen Work Element 2 - Inspection Services Total Staff Hours Direct Hourly Rate OH @140.85% of Direct Labor Profit @30% of Direct Labor 8 Negotiated Hourly Rate (NHR)_ (Direct +OH +profit) Total Direct Salary Cost $59.00 $47.50 $22.00 $83.10 $66.90 $30.36 $17.70 $14.25 $6.60 $159.80 $128.65 $58.96 $1,278 $36,023 $472 Total Direct Labor ( $37,773.14 Direct Costs (production, Fedex, Parking, etc) $500 Total = $38,273 Notes: " - NHR is based on WSDOT 2016 audited overhead letter Page 1 69 70 Exhibit Exhibit � F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in iriterest agrees as follows: |. Compliance with Regulations: The CONSULTANT shall cornply with the Regulations relative to non- discrimination in federally assisted prograrns ofthe AGENCY, Title 49, Code ofFederal 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 ruude a part of this AGREEMENT. Z Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B ofthe REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. 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 the AGENCY, the 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 the 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 sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, 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 STATE, the AGENCY, or FHWA may direct as a means ofenforcing such provisions including sanctions for non-cornpliance. 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 enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 72 Exhibit Exhibit �� G �xhib�/ G-2 G- (a) Certiflcation of Consultant G-1( r)) Certification of City of Tukwila Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions �zhibi\U-] Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying 6-1 Certificate of Current Cost or Pricing Data A&memooNmnber WSDOT Form 140-089 EF Exhibit G Revised 10/30/2014 Page 1 of 1 Exhibit G-1(a) Certification of Consultant 1 hereby certify that 1 am the and duly authorized representative ofthe firm of Jacobs Project Management Co. whose address is 600 |O8th Avenue NE, Bellevue WA, 98OO4 and that neither the above firm nor l have: a) Employed mretained for a cornmission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obta ning this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); 1 acknowledge that this certificate is to be furnished to the City of Tukwila 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. Jacobs P 'cc1 Management Co. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 74 Exhibit G-1(b) Certification of City of Tukwila I hreby certify that 1 am the: Fl F- �_Other of the ,and 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 o[ any kind; except as hereby expressly stated (ifany): I acknowledge that this certificate is to be furnished to the 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. Signature Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions i The prospective primary partici nioertiOesk/[hc6en\o[i\sknnv/|cdgcandbe|ie[tha1hundhsprincipu|s: 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 (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of 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 anti-trust 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 Iocal) with commission ofany ofthe offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. 11. Where the prospective primary participant is unable to certify to any o[the statements in this certification, such prospective partici shall attach an explanation to this proposal. Jacobs Project Management Co. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 76 Exhibit G-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 fuudshavebeen paid orvviUbc paid, paid, by or on behalfofthe undersigned, to any person for influencing or attempting atternpting to influence an officer or ernployee ofany Federal agency, a Member of Congress, an officer or ernployee of Congress, or any 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 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 rc|iancev/us 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 bc subject toa civil penalty o[ not less than $|0,0UO.0O, and not more than $|00,O00.0V, for each such failure. The pro ivc participant oJaoagrccmbv submitting his or her bid or proposal that he or she shall require that the language ofthis certification be included in all lower tier sub-contract ,v/hichcsoerd$|OO,O00, and that alt such sub-recipients shall certify and disclose accordingly. Jacobs Project Management Co. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.|Olofthe Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Boeing Access Road Bridge Rehabilitation * are accurate, complete, and current as of January 23, 2017 ^^ This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Jacobs P ject Management Co. Operations Manager Signature Title Date of Execution***: "The burdened labor rates, including fringe and G&A, utilized in support of this Agreement are as negotiated and approved by the City. These rates are not subject to recertification herein." *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, rnonth. and year. when priocoegvtimionexcrecvnc|medandp,kex0KF6MCNTwasouch,d. ***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 10. Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 78 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ N/A Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self- insurance through an irrevocable Letter of Credit from a qualified financial institution. Self - insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ N/A • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: WSDOT Form 140 -089 EF Exhibit H Page 1 of 1 Revised 10/30/2014 79 80 Exhibit I 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 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region 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 manager 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 LP, through the Region 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. Agreement Number: WSDOT Form 140 -089 EF Exhibit l Page 1 of 2 Revised 10/30/2014 81 Step 5 Forward Documents to Local Programs For federally funded projects u||nvui|uh|cinfonno1ion,inc|udingoosis,xhou|dbefbnvurdedtho/uohlhc Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives ofthe agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the atleged error(s) affects eligibility of p ject 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. LlP, in consultation with FHWA, will identify the amount offederal participation in the agreed upon resolution ofthe issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: WSDOT Form 140-089 EF Exhibit 1 Revised 10/30/2014 82 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • 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 manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT 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 final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: WSDOT Form 140 -089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 83 Step 3 Preparation of Support JJocumentation Regarding Consultant's Claim(s) Ifthe Agency does not agree with the consultant's claim, the project ject manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the foliowing: • Copy of information supplied by the consultant regarding the claim; • 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 ofPublic Works orAgency 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). lf the project involves federal participation, obtain concurrence from WSDOT Local Programs and FBWA regarding final settlement ofthe claim. lF 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). Inc lude the final dollar amount ofthe 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. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 84 Transportation & Infrastructure Committee Minutes C. Contract: Boeing Access Road over BNRR Bridge Rehab Project Staff is seeking Council approval of two contracts with Jacobs Engineering Group, Inc for the Boeing Access Road over BNRR Bridge Rehabilitation Project. The first is Supplement No. 5 to Contract #13 -161 in the amount of $260,956.00 for design support and the second is a new contract in the amount of $1,524,293.83 for construction management. Both contracts together will provide construction management services for the duration of the project, which will rehabilitate the structurally and seismically deficient bridge. A Washington State Department of Transportation (WSDOT) federal bridge grant covers 8o% of the project. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 21, 2017 REGULAR CONSENT AGENDA. February 14, 2017 D. Contract: Major Maintenance on 3 Bridges Project Staff is seeking Council approval of two contracts with David Evans and Associations, Inc. for the Major Maintenance on 3 Bridges Project. The first is Supplement No. 3 to Contract #15-139 in the amount of $138,410.22 and the second is a new contract for construction management services in the amount of $423116.68. The proj m ect will perform seismic retrofit, deck and joint repair, and painting on the Frank Zepp Bridge, Grady Way Bridge and the Beacon Avenue South Bridge. A WSDOT grant covers 100% of the eligible construction costs. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 21, 2017 REGULAR CONSENT AGENDA. III. SCATBd Staff noted that SCATBd is still working to finalize its legislative agenda, for 2017 and copies will be shared with the Committee. IV. MISCELLANEOUS The Transportation Committee Meeting adjourned at 5:5o p.m. Committee Chair Approval Minutes by LH, Reviewed by GL 85