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HomeMy WebLinkAbout02-022 - DMJM & Harris - South 180th Street Grade Separation Construction Management43'02-N2 STANDARD CONSULTANT CONSULTANT / ADDRESS / TELEPHONE AGREEMENT 1100 Olive Way, Suite 350 Seattle, Washington 98101 206-652-5244 AGREEMENT NUMBER PROJECT TITLE AND WORK DESCRIPTION South I 80th Street Grade Separation A LUMPSUM G E] LUMP SUM AMOUNT Work Description: Provide Construction R Management and Inspection Services E COST PLUS FIXED FEE DBE PARTICIPATION (Voluntary) E PAYMENT RATE $ 0/o MBE PARTICPATION (Voluntary) T ACTUAL COSTS NOT FEDERAL ID NO. for IRS? Do you require a 1099 C SPECIFIC RATES OF PAY COMPLETION MAXIMUM AMOUNT E NEGOTIATED HOURLY RATE DATE PAYABLE K PROVISIONAL HOURLY RATE June,2003 COST PER UNIT WORK (l)Homc0t5ccOverhead Rate (2)Field Overhead Rate THIS AGREEMENT, made and entered into this day of Feb�LL, 20(0,-Ketween the City of Tukwila Public Works Department, Washington, hereinafter called th A C�­' and the above organization hereinafter called the "CONSUI-TANT" WITNESSETH, THAT: WHEREAS, the AGENCY desires Waccomplish the above referenced project,and WHBR8/\3. the AGENCY does not have sufficient staff {omeet the required commitment and therefore deems it advisable and desirable to engage the assistance of CONSULTANT to provide the necessary services for the PROJECT; and, WHEREAS, the CONSULTANT represents that he/she ioincompliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a wU|bngueoa to furnish Consulting services tothe AGENCY, NOW THEREFORE, ioconsideration o[the terms, condition, covenants and performancecontained herein, NOW THEREFORE, in consideration of the terms, condition, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: GENERAL DESCRIPTION OF WORK The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. 11 SCOPE OF WORK The Scope of Work and project level of effort for this project is detailed in Exhibit "B-l" attached hereto, and by this reference made a part of this AGREEMENT. I I I GENERAL REQUIREMENTS All aspects of coordination of the work of this AGREEMENT, with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Federal, Community, State, 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 number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "B- I" attached hereto and made a part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical farm the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvantaged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE), if required, shall be shown in the heading of this AGREEMENT. All reports, PS&E materials, and other data, furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT and are property of the AGENCY. Reuse by the AGENCY or by others acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV TIME FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable le to the CONSULTANT, but may be extended by the AGENCY, in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "C-2" attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section 11, "Scope of Work". The CONSULTANT shall conform with the applicable portions of 48 CFR 31. VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit "G-V to this AGREEMENT. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit "G", attached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct nonsalary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability, or in its discretion, to deduct from. the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT, under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or might arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. V I I I NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee, or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age, or handicap except for a bona fide occupational qualification, with regard to, but not limited to the following: employment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or termination, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULTANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discriminatory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: A. COMPLIANCE WITHREG ULA TIONS The CONSULTANT shall comply with the Regulations relative to nondiscrimination in the same manner as in Federally -assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this AGREEMENT. The CONSULTANT shall comply with the American Disabilities Act of 1992, as amended. B. NONDISCRIMINATION The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed, color, sex, age, marital status, national origin, or handicap except for a bona fide occupational qualification, in the selection and retention of subconsultants, including procurements 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 the contract covers a program set forth in Appendix 11 of the Regulations. C. SOLICITATIONS FOR SUBCONSULTAN7S, INCLUDING PROCURE-MENTS OF MATERIALS AND EQUIPMENT In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin, and handicap. D. INFORMATION AND REPORTS 4 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 to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. In the event of the AGENCY's discovery of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: I.Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or 2.Cancellation, termination, or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements 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 subconsultant or procurement as the AGENCY or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. G. UNFAIR EMPLOYMENT PRACTICES TICES The CONSULTANT shall comply with RCW 49.60.180 and Executive Order Number E.O. 77-13 of the Governor of the State of Washington, which prohibits unfair employment practices. IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT, as shown in Exhibit "F" for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall Immediately reimburse the AGENCY for any excess paid. 5 If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. In the event of the death of any member, partner, or officer of the CONSULTANT or any of its supervisory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY's concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X CHANGES OF WORK The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation therefor. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI DISPUTES Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties to this AGREEMENT, provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. 6 X11 VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the AGENCY which it is located in. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in King County. X I I I LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and their officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents or employees. Notwithstanding anything in this agreement, in no event shall either Consultant or Agency be liable to the other for any indirect, special or consequential damages whether arising in contract, tort (including negligence), statue, or strict liability. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees against the AGENCY and solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of an acceptable supplemental agreement, the CONSULTANT shall provide on -call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain, and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Insurance Coverage N A. Worker's compensation and employer's liability insurance as required by the STATE. B. Regular public liability and property damage insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized or approved to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the Agency. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability shall be limited to the amount payable under this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. X1V EXTRA WORK A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit its "request for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a claim submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (a) and (b) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. XVI FEDERAL AND STATE REVIEW The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit "A-1" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "A-2" Certification regarding debarment, suspension, and other responsibility matters, primary covered transactions, and Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3" and "A-4" are only required in AGREEMENTS over $100,000.00. X V I I I COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX EXECUTION AND ACCEPTANCE This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. AGENCY: CITY OF TUKWILA CONSULTANT: DMJM+HARIZIS By: aBy: ll—iltlyofiukwila-Mayor Steve PolechBoos Vice President, DMJM+HARRIS. Title APPROVED AS TO FORM ONLY: By: Date: City Attorney 10 07QHU0XT A-1 CERTIFICATION OF CONSULTANT Project No. Local Agency: City mfTukwila Public Works Department l hereby certify that | um Stephen Po|cdnonim and duly authorized representative of the fion of DK4]MA|H/\R&[Swhose address ioll80Olive Way, Suite 358,Seattle, WAq8\0|and that neither Tnor tile above -firm I here represent has: (u) Employed or retained for u commission, percentage, brokerage, contingent feu or other consideration, any firm or person (other than a bona fide unpkryuc working solely for me or the above CONSULTANT) to solicit or secure this contract. (b) Agreed,as an express or implied condition for obtaining this contract, toemploy mretain tile services ofany firm ocperson ioconnection with carrying Out this contract. @ Paid, or agree hpay, to any firm, organization mperson (other than ubona fide employee working solely for rnu o, the above CONany fee, contribution, donation, or consideration of any kind for , or in connection with procuring or carrying ou1 1be contract; except aohere expressly stated (if uny): T further certify that the Orin 1 hereby represent is authorized to do business in the State of Washington and that the firm isinfull compliance with the requirements ofthe Board ofProfessional Registration. lacknowledge that this certificate iato be available to the State DepartmentofTransportation and the Federal |Tiob,/uy Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable criminal and civil. Date Signature ~~ CERTIFICATION OF AGENCY OFFICIAL | hereby certify that l uon the AGENCY Official of the City of Tukwila, Washington and that the above consulting finn orhis representative has not been required, directly or indirectly uoan express or implied condition in connection with obtaining orcarrying out this contract to: bJ Employ orretain, nragree \o employ orretain, any firm or person, or (b) Pay or agree to pay any firm, person or organization, any fee, umArbuton,donedon or consideration of any kind, except as here expressly stated (if any). l acknowledge that this certificate is to he available to the Federal fliohnmv Administration, U.S. Department of Transportation, in connection with this contract involving oadioioutkun of Federal oN highway funds and is subject to applicable State and Federal laws, Loth criminal and civil. NN E'xhibhA_l EXHIBIT A-2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY COVERED TRANSACTIONS The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: bA Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fronn covered bunauchouo by any federal department oragency; (h) Have not within u period preceding this proposal been convicted ofor had uoivi| judgment rendered againsttheon for commission or fraud oracriminal offense in connection with obtaining, attempting to obtain, or performing n public(federal, state, or local) transaction orcontract under a public transaction; viw|u1iuo of federal or state oo<krua1 statutes o, uunnnoiaaion of embezzlement, theft, forgery, bribery, [u|mihuu<ion or destruction of records, making [u|ec s1o1ennun1s, or receiving stolen property; (o) Are not presentlybdicted for motherwise criminally mcivilly charged by a governmental entity <fcdcruL state, or local) with commission of any of the offenses enumerated in paragraph I.b. of this certification; and (J) Have not within uthree-year period precedingthis application/proposal had one or more public tommucbmnm (federal, state, o, local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify toany ofthe statementsin this certification, such prospective participant shall attach an explanation to this proposal. Conyukan|(Firn): S Date President-4,Adthorl zed Official Of Consultant Exhibit A-2 EXHIBIT A-3 CERTIFICATION REGARDING THE RESTRICTIONS OF THE USE OF FEDERAL FUNDS FOR LOBBYING Tile prospective participant certifies, bysigning and Submitting this bid m proposal,Nthe best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on bd'uK of the undersigned, to any person for influencing or attempting to influence on officer or employee of any federal agency, a member of Congress, un officer or employee of Congress, or an employee ofumember ofCongress inconnection with thc awarding of any federal contract, the making of any federal grant, the making of any federal loan, tile entering into of any cooperative uArccnuenL and Ubc extension, continuation, rcuevvu|, unncndrncnt" or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid mwill bepaid to any person for influencing or attempting to influence ail officer memployee of any federal agency, omember ofCongress, on officer oremployee ofCongress, or ail employee of member ofCongress inconnection with this federal contract, grant, loan, or cooperative agreement, the undersigned xhu|| complete and aubnnd 5tundunJ Fonn-[[.l., "I)ixolomorc �nrnntoReport Lobbying," ioaccordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this ioanouodon was made o, entered into. Submission of this oedificm1k,n is u prerequisite for making or entering into this 1ounauu{ivn imposed by Section 1352, Iidu 31, U.S. Code. Any person who fails to file the required certification shall be aubJec1 to u civil penalty of not |eam than $|0,00Oand not more than $|8U"0OOfor each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or site shall require that the language of this certification be included in all lower tier subcontracts which exceed $l0O,0O0and that all such mubn:nipienta mhu|| certify and disclose accordingly. Date President or orized Official of Consultant Signature Exhibit A-3 EXHIBIT A-4 CERTIFICATE OF CURRENT COST OR PRICING DATA This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in Section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer or the contracting officer's representative in support of 180""' Street Grade Separation CM Services are accurate, complete, and current as of April 15, 2001. This certification includes the cost or pricing data supporting any advance agreements and for -ward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm: DMJM+HARRIS Name: Stephen Polechronis Title: Vice President, DMJM+HARRIS I)ate of Execution: Exhibit A-4 EX0UBDl[B SCOPE OF WORK For On -Call Construction Inspection Services m�u P1[ 'udLi�u:S.lmr STREET GRADE SEPARATION INTRODUCTION: The intent of this scope of services is to provide on -call coil StructiOil manugemuro(['M) services iothe City ofTukwi|udurin',each phase ofthe 8oudh 180"' Street 6rndcScpan4iou. DM]K4+11AKR]S, hereafter referred k`asthe Cooso|1uoLn/i|| provide oil un on -call basis iothe Cih/`s CM Team, technical czpuds in SurvCy Control, Material Sampling and Testing, Uecouchnicu|Observation, Analysis, and Reporting, Cement Deep Soil Mixing(CD8M) Observation. Analysis and keportin.2, Skudura| Girder inspection, and Secant Pile Wall (drilled shall) Observation, Analysis and KcpoUin�* GENERAL SCOPE OF SERVICES: The work plan iskeyed to the three phases that the ConSUltant will address: Phase | —Prc-CoosUoodnnSon/iuos Phase 2-[onsti-uc1ionManagement Services Phasc3 Post Cons1rudionServices Assymptions 'Elie following asyunupiinnsapply 10this scope ofscrviceu: l. Sorvey: Tbc Contractors xiU provide their own surveying needy; the Conuu\tInt Will establish the p cuiooukn| and will perform ()uu|i(y /\auuruncc checks on the Contractor's surveying. Burveyin8For UPKRand 8NSFtrack |ayoutisnot Inc|udcd. I Quality Control: Thc [onuuhun| will perfbrnu 0uu|i1y Control Testing as required by the contract douunneuioand the City ofTukwi|u. 3. Overtime: Non-exempt classification personnel will be paid overtime in accordance with the United States Department ofLubor (DSDO[) ruquiocmcnis. Gxomp1 c|usai6c*ion personnel will be paid overtime in accordance with OSD0L or Corporate policy, whichever is applicable. 4. Pro 'ect|�orutuo: Work, will be accomplished beoinnin�opprouim�e|y Fcbn/ury2UO2 and will bucomplete 2Omondslater. 5. Liability: The C011SUltant shall not have control or charge ofand shall not be responsible for conybootionnuenoa,mcdioda,teuhuiquea,pnooedurey,o/For safety mcuyuncs,precuud*nxand program* inc|udingenforcement o[Federal and S\o1c uafe]yrc4uirumcn1o` in connection with c000buc1iunwork performed hythe Contractor. An AECOM Company DMMUNHARRS PHASE I: PRE -CONSTRUCTION SERVICES 1.1. Constructability Review: Flie pre -construction Services will begin with a constructability review. The C,01IStrUctabilltv Review ']'earn will review the most current design dOCUrnerits. A cursory review of the document set will be performed by the ]'earn to identify possible alternates for COnStRiCti011 elements which C(Add produce cost savings Or SC11CC11,11C improvement. 'File ']'earn will also recommend changes in design to enhance quality and serviceability and identify and propose changes in specification In arid/or drawings to minimize arribl(ILlity and resulting basis for claim. The C011SI-11tant illav provide the 1'()Ilo\vlii(, personnel and set -vices to the Tealli as follows: A. Provide construction methods expertise B. Site visits to verify access, construction staging and laydown areas, and especially any aspects ofconstructionthat 111LISt receive environmental mitigation and/or protection. C. I'valuate C011C1.11'rellt construction activities and identify possible activity overlap or congested work areas involving different constructionconstructiontrades. D. Evaluate concurrent construction activities and identify possible activity overlap or congested work areas involving different C01IStRiCtion trades. Review specifications and reference CIOCLIJIlClItS. Verif'v that the rules of'succession, rights I and responsibilities of the parties to the contract are clear and non arribJ01,10LIS. F. Submit constructal.-)1lity review findings to the CM team, vdilcli will be included in a S1,11fliliary report of findings and recommendations. 1.2. Other important preconstruction action iteins A. Attend PI-CC011StRiCti011 workshop with the Contractor. 13. participate in Partnering Meeting (if contractor agrees to meet) PHASE 2:CONSTRUCTION SERVICES 2.1 Staffing: DLII-illg Construction, the Consultant may provide the following services on all on -call basis A. BridgeGirder Plant Inspections: This work includes revieiv of girder fiibrication including ()AIO(awl will be 1)et,-,fi)rined by D11JA4+-1121-RRISs14!ff' B. Construction Inspection and irroublICS1100tif1g: This work inchules review of all uspecls of construction, contruclor 'S procedures, and field Iroubleshooling an(l will be j)erfi)rme(l by DMJW+HARRlSs1q1 An AECOM Company Exhibit B-2 F-MANTAR49,71M C. Geotechnical Inspection This work includes review of crll aspects cif" corrso•zrctior7, conh`actor's procedures, and field troubleshooting related to geotechnical work. Work associated with excavations, shoring, drainage, and pavement be performed by Nfilbor- T'itcr staff. Work associated with deep soil rriixing crud secant piles will be performed by Parikh staff. U. Wetlands Mitigation inspection and monitoring reports: This work inchtcles review of all aspects of` construction, contractor's procedures, and field troubleshooting related to wetland habitat restoration and will be performed by ilerrera Staff E. Material (duality Assurance Program: Material testing, field and laboratory services - related to quality assurance of construction materials. The Material Quality assurance prograin will inchrde monitoring, testing and dn documenting coetructioil material properlies as required by the specifications. Sampling crud testing will be performed by technicians with certifications from local and nationally recognifcd programs. Inspectors will oversee the activities of the material technicians, when onsite. Otto Rosenou c� ssociates, Inc. i-vill provide the qualified stuff, equipment cmcl laboratory fircilities to monitor material colnj.Wiance with ,specifications. Specific tests and frequencies assumed arc tabidated in their fee proposal which is attached. F. C;onstruction Survey services: Establish and maintain vertical and horizontal control of' construction layout The City wi11 coordinate the sin-vey function in concert with the contractor needs. A survey party from Whiiesheilil, Inc. will be deployed in accordance with contract provisions. The crcn1' will be experienced in perjirrming survedy anstaking services in conformance�SDOT requirements. ('onstruction surveying services wi11 inchwlc these distinct activities: ('onstruction ('ontrol Quality Assurance ('hocks on Contractor• ,Survey Monzunentation and Record of,Survcw P14ASE 3: POST CONSTRUCTION SERVICES Post Construction Services constitute an important final effort by the Construction Management Team. The Consultant may provide on -call services to support the following post construction efforts. A. Review of any outstanding matters relating to final acceptance of the work B. Recommend construction punch list items C. Finalizing, project files and as -bunts An AECOM Company l',xhibit P- SPECIAL REQUIREMENTS F N| R PAYMENT: (FOR FE D E RA i, A K D P R0JE c ,r s \ invoices shall be SUbmitted no later than 30 calendar clays followino the close ofeach f'OL11- week billing period. Invoices which inc|odcco$o Or expenses incurred dorin110 prior biUino podm] mumLseparately stu(e1hoyccoNsoroxpensca. Invoices which one, 6xauy reason, except as noted ahovu, received by the &GE'NC\', more than 30calendar clays past the end ofdbe NUin,period in which tile costs ofczpuosc is incurred, will bepuNbvthc&G[N[Yonadiuuouo1cdbusisoucun]ingtoihufbUoniogsohcdu|u: D&YS0VBI�DU[ DISCOUNT FROM |NVD|[6 l-3U 5% 3AW) \n"/o The CONSULTANT shall certify on each invoice any other direct salary charges Dn work Completed orother expenses incurred that are yet tobeinvoiced. The CONSULTANT shuU�ivc u detailed statement giving the nousou for the required delay in billing, a|on,,,,xith on cabmu1e of tile un1uunitobebilled u1ulater date. The &sBNCl'reserves the right 10determine whether tile reason f0r delay in billing is reasonable and to levy the discount stated above if it is determined that the delay is not reasonable. TIME FOR COMPLETION: 20 Months f*ollowing Notice to Proceed. EXPECTED MEETINGS OR PRESENTATIONS MinimumNodce For Meetings 24 bnucm fbrcriticuL immediate meetings. 72 hours [brrou1inc mcdings MBE/WBE GOALS As shown in Fee Estimate An AECOM Company CONSTRUCTION INSPECTION AND TESTING CRITERIA Work shall be accomplished inaccordunccWith the |bUonin() guidc|incsand reference douumcnLn: |. FBV//\and VVuuhinoton State DcparkncniofTrunsportation, "Munuu|on Onif6nn Traffic Control Devices fbrStreets and Higbv/ays" 2. Washington State Department ot—fransportation. "Local A0ency Guidelines". 3. YVuxhingtunS1utcDcpaumentu[Tcauapodutiun,"Matcria|sBrunchLubnn4oryMunuu|" 4� Washington State Department ofTrunspoUution,"(�onx\ructiooManua|" 5. Department of Ecology, "Storinwater Management manual for the Puget Sound Basin". 6. State Bnvioonmcn1u} Policy Act Ku|c*.Chap1cr 197-11,\Vashingtou Administration Code and Title 23ofthe SnohomiohCuuntyCode. 7. [ityo[Tukv/i|u|nUootrudumDesign & Construction Standards 8. 8{uodun] drawings prepared by the City and Furnished to the CONSULTANT. g. Standard specifications, prouedurosond fbnns 1111|1zcd by the City fbrPub|iu \Vurk'm An AECOM Company DMM::HARMS City ofTukwila Public Works Department South 18OhStreet Grade Separation Consultant Cost Fee Estimate Exhibit D-2 (Entire Project) Estimate of Costs - DMJM+HARRIS DIRECT SALARY COST PERSONNEL Regular Hours OT Hours Pay Rate Cost Office Engineer ' 35.00 - Administrative Assistant 60.00 20.00 1.200,00 Project Controls Scheduler - 36.00 Project Controls Estimator 38.00 - Resident Inspector - - 34.00 - Phase Cunetn/ctabi|ityBupport 2.000.00 Direct Salary Costs Total 640.00 36,045.00 Overhead Cost 131.50% ofDSC 47.399.18 Net Fee� 1510% ofOSC&DH 12.516.63 SUBTOTAL 85'960.80 RBK8BURSABLES: Travel 15.000.00 Computer/CADD Reproduction/Postage 1.300.00 Communications 400.00 Miscellaneous 250000 TRAVEL SUBTOTAL 19.200.00 SU8CONSULTANTS: (SEE EXHIBIT G) Otto Rou*nauAssociates (NBE) 21.99% Participation 49.417.00 VVhheahei|d(W1BE) 6.93% Participation 15.585.31 N1iborPita (K8BE) 12.42% Participation 27.909.99 Herrara Environmental Consultants (MBE) 3.40% Participation 7.650.94 PurikhCwnau|ten1a (MBE) 4.01% Participation 9015.95 48.76% SUBC0NSULT4NTSU8TOTAL 108'579.19 GRAND TOTAL 224,739.99 AARONS|LVER DMJK4+HARR|S 1/30/2002 Exhibit D-2 City ofTukwila Public Works Department South 180hStreet Grade Separation Consultant Cost Fee Estimate Exhibit D~3 (Entire Project) Estimate of Costs - DMJM+HARRIS DIRECT NON -SALARY COSTS (D%0JK0+HARR|S) CK4Advisor Per Diem 40Dayo 155.00 per day 6200l0 Rental Car 40Daya 70.00 per day 2.800.00 Airfare CK8Advisors G Airfurea@ 1.000.00 each 6000.00 SUBTOTAL 15.000.00 COMPUTER: None - REPRODUCTION/POSTAGE: Fed -Ex 20 Months @ 40.00 per month 800.00 Postage U Monthe@ 20.00 per month - Misca||aneouaReproduoddon 500.00 SUBTOTAL 1.800.00 COMMUNICATIONS: Local Messenger/Courier 10De|iv*hes OMonths @ 25 each 250.00 Photographs 8Months @ 50mon1h 150.00 Cell Phones for Project Manager & Resident Inspector SUBTOTAL 400.00 MISCELLANEOUS: Miscellaneous Direct Non -Salary Costs 250000 SUBTOTAL 2,500.00 1Temporary Duty (TDY)travel and subsistence expenses for gCMAdvisors while working inPuget Sound Region will bemimbmed Exhibit D-3 180th Street CM Team Staffing Schedule & Manhour Estimate Exhibit D-4 City cfTukwila Public Works Deportmer South 180hStreet Grade Separation Consultant Cost Fee Estimate Exhibit G-2 DIRECT SALARY COST Principal Professional Land Surveyor Senior Comps Technician Comps Technician CADDToohnician Survey Party Chief Survey Instrument Operator Administrative Staff Analysis of Costs - Whiteshield, Inc. Regular Hours OT Hours Pay Rate Cost 12.00 - 3510 42120 20.00 28.37 587.40 36.00 22.50 810.00 8.00 21.50 172.00 48.00 24.75 1.188.00 48.00 17.00 818.00 6l0 - 18.50 111.00 Direct Salary Costs Total 180.00 Salary Escalation for 2002 (Assumes 20 me. Schedule with 12 months in 2002) Direct Salary Cos Overhead Cost 178.00% Net Tee 15.00%� RBK8BURSABLES: Travel GPS Equipment Rental Reproduction/Postage Field Survey Materials Miscellaneous - 4,160.60 5% 208.03 DSC 4.368.63 of DSC 7.77616 of DSC & OH 1.790.51 OT Premium - SUBTOTAL 13,935.31 180.00 1,000.00 60.00 310.00 100.00 SUBTOTAL 1.650.00 Exhibit G-2 City ofTukwila Public Works Depart South 180thStreet Grade Separation Consultant Cost Fee Estimate Enhibi1G-3 Analysis ufCosts- Hernnro Environmental Consultants, Inc. PmconotrucdnnAobvbies DIRECT SALARY COST Regular OT PERSONNEL Hours Hours Pay Rate cna Senior Environmental Scientist 48.00 Engineer - 35�50 - Technical Editor ' 28.00 Environmental Scientist ucw Clerical 19.00 - ' Direct Salary Costs Total Salary Escalation for 20O2(Assumes 2Dmo Schedule with 12months in2002) 5% Direct Salary Cost DSC Overhead Cost 175J00% ofDSC - Net Fee 15.00% n(DSC& OH OT Premium SUBTOTAL nE|MeVRS4BLEg: Travel/Parking ' Compuuer/CADD ' Reproduction/Postage 10.00 Communications ' Miscellaneous SUBTOTAL 10�00 Construction Activities TOTALPRECUNSTRUCTION 10.00 DIRECT SALARY COST Regular OT PERSONNEL Hours Hours Pay Ram Cost Engineer 8.00 ' 35.50 284.00 Technical Editor 4.00 28.00 112.00 Environmental Scientist 48.00 2750 1.320.00 C|ohoa| 10.00 19.00 190�00 Direct Salary Costs Total 74,00 2,098.00 Salary Escalation for c00z(Assumes c0mo.Schedule with 12months inoon2) 5% 104.90 Direct Salary Cost DGC 2.20e,90 Overhead Iost 175�00% cdDSC 3.855.08 NetFee15.00% ofDSC&OU 89298 OT Premium - SUBTOTAL 6.950.94 RE|MBUmS4oLE& Travel/Parking 500�00 Cnmputur/CADD ' Reproduction/Postage 40.00 Communications 50.00 Miscellaneous 100.00 SUBTOTAL 890.00 TOTAL CONSTRUCTION 7.640�94 TOTAL 7.050,94 Exhibit G-3 City ofTukwila Public Works Departme South 1BUthStreet Grade Separation Consultant Cost Fee Estimate Exhibit G-4 Analysis of Costs - Milbor Pita Preconstruction Activities DIRECT SALARY COST Regular OT PERSONNEL Hours Hours Pay Rate Cost Sr. Geotechnical Engineer 40.75 Direct Salary Costs Total Salary Escalation for 2002 (Assumes 20muSchedule with 12months in2002) 5% - Direct SalarV Cost DSC - Overhead Cost 155.12% of DSC - Net Fee 15.00% ofDSC &OH - OT Premium ' SUBTOTAL RE|K8BURSABLES: Travel/Parking 50.00 Computmr/CADD Reproduction/Postage 50.00 Communications - K4iaoe||anaoue - SUBTOTAL 100.00 Construction Activities TOTALPRECONSTRUCTK]N 10I00 DIRECT SALARY COST Regular OT PERSONNEL Hours Hours Pay Rate Coat Direct Salary Costs Total 260l0 80.00 Salary Escalation for 2O02 (Assumes 2Omo.Schedule with 12months in2OO2) 5% Direct Salary Cost DSC Overhead Cost 15512% of DSC Net Fee 15.0�% ofDSC &OH RBK0BURSABLES: Travel/Parking Compu1er/CADD Reproduction/Postage Communications Miscellaneous OT Premium SUBTOTAL 8,375.00 41875 8.793.75 13,640.87 3.302.38 1,323.00 27,059.99 450.00 10O�0O 100.00 100.00 SUBTOTAL 75000 TOTAL CONSTRUCTION 27.809.09 TOTAL 27.909.99 Exhibit G-4 City cdTukwila Public Works Departm` South 100hStreet Grade Separation Consultant Cost Fee Estimate Preconstruction Activities DIRECT SALARY COST Exhibit G-5 Analysis of Costs - Parikh Consultants, Inc. Regular 0 HoursPERSONNEL Hours Geotechnical Project Engineer 47.24 Direct Salary Costs Total ' Salary Escalation for 2002 (Assumes 20 mo, Schedule with 12 months in 2002) Direct Salary Cost Overhead Cost 120.00% Net Fee 15.00%� RBMBDRSA8LE& Travel/Parking Computer/CADD Reproduction/Postage Communications Miscellaneous Construction Activities DIRECT SALARY COST 5% D8C - ofDSC - o[DSC&OH ' DTPmmium ' SUBTOTAL - SUBTOTAL 1.350.00 TOTALPRECONSTRUCT|ON 1.350.00 Regular OT PERSONNEL Hours Hours Pay Rate cwm Direct Salary Costs Total 48.00 Salary Escalation for 2OO2(Assumes 2Omo.Schedule with 12months in2O02) Direct Salary Cost Overhead Cost 120�00% Net Fee 15.00% RBMBURSABLES: Travel/Parking Compuier/CADD Reproduction/Postage Communications Miscellaneous 2,837.28 5% 141.06 DSC 2.97914 ofDSC 3,574.97 ofDSC&DH 981.84 OTPmmium ' SUBTOTAL 7.515.95 SUBTOTAL 15I00 TOTAL CONSTRUCTION 7.06595 TOTAL 9,015.95 Exhibit G-5 City ofTukwila Public Works DeportneN South 1OOthStreet Grade Separation Consultant Cost Fee Estimate ExhibitG-8 Analysis of Costs - Otto Rogenau& Associates (Note: In accordance with standard industry practice for materials testing and special inspection services, Otto Roaenuu will be providing its services to the project on a time and materials basis in accordance with the following rate schedule). Item Unit Fee Total Soils/Asphalt Compation Testing & Inspection (Phase I through Phase 4) 120 hours 45.00 5,400.00 Soil Grain Size Distribution (Seive Analysis) 16 each 75.00 1,200.00 Soil Moistu re- Density Relationship (proctor) 16 each 140.00 2,240.00 Asphalt Rice Density 4 each 75.00 300.00 CDSM Testing (Phase I through Phase 4) 200 hours 42.00 8,400.00 Reinforced Concrete Testing & Inspection (Phase I through Phase 4) 400 hours 42.00 16,800.00 Concrete Test Specimens (Note: 5 cylinders required/50 cy placed) 360 each 14.00 5,040.00 Concrete Flexural Strength Specimens (concrete paving) 60 each 25.00 1,500.00 Shotcrete Testing & Inspection (included in concrete hours above) hours - Reinforced Masonry Testing & Inspection (pehodio) 24 hours 42.00 1.008.03 Gmut/MorterTest Specimens 36 each 14.00 504.00 Structural Steel Fabrixoiion& Emotion. Including High Strength Bolting 40 hours 42.00 1.680.00 Nondestructive Testing (ultrasonic testing, magnetic particle testing) 24 hours 48.00 1.152.00 Anchor Bolt Inspection (epoxy grouted and expansion anchors) 24 hours 42.00 1.008.00 SUBTOTAL TESTING &INSPECTION 48.292.00 Travel 1.000.00 Computar/CADD - Reproduction/Postage 125.00 Communications ' Miscellaneous 500.00 SUBTOTAL 1,125,00 TOTAL 43,417�00 Exhibit G-6 INFORMATION MEMO TO: Mayor Mullet FROM: Public Works Directc3* DATE: January 31, 2002 SUBJECT: On -Call Construction Services Contract S 180" St Grade Separation (Project No. 87-RW09) ISSUE Approve contract with DMJM+Harris to provide on -call construction services for the S 180 St Grade Separation project. BACKGROUND The attached ALILYUSt 8, 2001. info memo went to Transportation Conirnittee and Council in August,In 2001 (see attached rninutes), to approve a full -service construction management and inspection services contract for $1,506,517.66. The construction contract bid award to Wilder Construction was based on this $1,506,517.66 agreement being cut back to "bare bones" and the bulk of the rnanaZ=gernent and inspection to be done by in-house staff with select on -call consultant services, The bid award rnerno (attached) says "the City is also able to save an expected $839,717 by managing the construction engineering in-house". '1-'he attached construction engineering workplan shows the details of this savings. ANALYSIS By reducing the $1,506,518 contract with DMJM+1larr1s down to $225,000, plus contract supplements with the design consultant, hiring contract staff, with field office supplies and expenses, there is a significant savings. Z� RECOMMENDATION Approve contract with DMJM+Harris in the amount of $224,739.99. attachments: Contract, Scope of Work Info Memos (8/8/01, 11/20/01, Council Minutes (8/20/0 1) CE Workplan South 180th Grade Separation Construction Engineering Workplan Provided bY Construction Contractor (.5ee SP-1, section 1-04) 4desks. 4chains. 2 plan tables and stools, 4 PCs, 1 LAN PC. 1 printer, 1 fax machine 2 telephones, 2 file cabinets, utility billings (except phones). ProjeotPWonager Project Construction Engineer ($b.00O/mox24mos+benefits) Project Construction Inspector ($4,000/mo x 24 mos + benefits) Project Contract Administrator ($3.00O/mo x 24 mos. + benefits) -30-35% add -on benefits City Contract Staff Subtotal Additional Contract CE Services reauhr—ed., Negotiate revised contract with DNUK4+Harristnoov�� -on-caUexperts inCOSK1.Geotechnioa|; Setting survey control; material testing; wetland monitoring. BepJer/4BAM Supplement No. Q $98.000 Supplement No. 1O $120.000 DMJM & Berger Subtotal Field Office SuRplies: LAG Manuals, Standard Plans, Standard Specifications, Construction Manuals, Nexba|ceU phones, 2he|ephones. general office supplies, hard hats. vests. Camera, film, etc. Field Office -E-x-penses: Telephone charges, Photocopier, poshage, courier, photo developing, Building maintenance, etc. Construction Engineering Expenses MUM $ 225,000 $ 219,000 TOTAL CE BUDGETED $1,780'353 SUBTOTAL CE EXPENSES Minus CEExpenses $1 18138O CONT|NGENCY@10Y6 SAVINGS $618973 -----TOTALCE EXPENSES $ 5,00 $ 1.055.800 $ 105,580 INFORMATION MEMO TO: Mayor Mullet FROM: Public Works Director DATE: August 8, 2001 SUBJECT: Construction Management and Inspection Services Contract S 180" St Grade Separation (Project No. 87-RW09) I IS �; I 1 E Approve contract with DMJM+Harris to provide construction management and inspection services for the S 180 St Grade Separation project. BACKGROUND A request for proposals was advertised, and three firms were interviewed for this contract. DM.IM+Harris was selected over Berger/Abam, and Entranco. DMJM+Harris rated highest because of directly relevant experience with construction management of projects of similar scope, size and complexity. The South 180"' Grade Separation Project was advertised for bids starting on August I ", with bids to be opened on September 7"'. The bid award, preconstruction conference, and construction will most likely occur in September and October. ANALYSIS The attached budget memo (3/29/01) shows S1,780,353 available for construction engineering. Staff has negotiated a fee not to exceed $1,506,517.66. An additional on -call construction services contract Z:1 Supplement is being negotiated with the design firm Berger/Abarn. There will be adequate contingency remaining in the construction engineering budget. I RECOMMENDATION Approve contract with DMJM+I-Iarris in the arnount of $1,506,517.66 attachments: Contract, Scope of Work To: Mayor Mullet From: Public Works Directo9on Date: November 21, 2001 " Subject: S 180' St Grade Separation - Bid Award Project No. 87-RW09 ISSUE Award the bid for construction of the S 180'� St Grade Separation project. BACKGROUND This project will provide a new roadway,undercrossing of both the Union Pacific Railroad and Burlington Northern Railroad as well as the Interurban Trail. The City of Tukwila is the lead agency on this multi jurisdictional project. Other partners include King County, the Ports of Tacoma and Seattle, Renton, UP & BNSF Railroads, Transportation Improvement Board, FMSIB, and federal funding. The budgeted amount for construction is $ 14,966,471 and includes a construction contingency of $1,160,023. The project was advertised for bids on August 1, 2001. Bids were opened October 19, 2001. Eight (8) bids were received. The low bid of $ 14,915,226.27 is from Wilder Construction Company. The engineer's estimate was $ 13,806,447.62. ANALYSIS All bids were checked and tabulated. Minor mathematical errors were corrected and did not change the order of bidders. Wilder Construction provided references for jobs of similar size and experience that were checked and given positive reviews by the references contacted. S 1801h St Proiecx Bid Amount WSST Contingency wom Bid Results $14,820,944.00 94,322.27 $ 51,204.73 $14,966,471.00 Engineer's Estimate / Budget $ 13,695,218.70 111,228.92 $ 1,160,023.38 The low bid is within the project budget, but would use up most of the project's construction contingency. City staff has pursued additional funding to provide an adequate construction contingency to award the project. An additional $ 805,908 has been approved from T.I.B. and an additional $ 500,000 is available from FMSIB. The City is also able to save an expected $ 839,717 by managing the construction engineering in-house. This increases the available contingency to $ 2,196,830. Minutes, R/20/01 Page I of'7 TUKWILA CITY COUNCIL August 20, 2001 7:00 p.m. Tukwila City Hall - Council Chambers REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:00 p.m., Mayor Steven M. Mullet led the Pledge of Allegiance. OFFICIALS: John McFarland, City Administrator, Bob Noe, City Attorney; David St. Pierre, Assistant City Attorney', Jane Cantu, City Clerk; Bob Baker Deputy City Clerk-, Lucy Lauterbach, Legislative Analyst; Jim Morrow, Public Work Director; Alan Doerschel, Finance Director; Steve Lancaster, Community Development Director; Keith Haines., Chief of Police; Peter Lukevich, Municipal Court Judge, Darlene Heskett, Municipal Court Administrator and Brian Shelton, City Engineer. ROLL CALL: Jane Cantu, City Clerk, called roll. Present were Council President Joan Hernandez; and Couricilinernbers Joe Duffle; Pam Carter; Jim Hagperton; Pamela Linder; Dave Fenton; and Richard Simpson. SPECIAL PRESENTATIONS: Introduction of New Employees Cheryl Kane - Court Clerk I - Municipal Court Judge Peter Lukevich introduced Ms. Kane, a former airline attendant. Ms. Kane is working to obtain a degree in criminal Justice. b. Authorize Mayor to sign an agreement with DMJM & Harris in the amount of $1,506,517.66, for South 180th Street Grade Separation construction management and inspection services I Mr. Morrow noted DMJM & Harris is the firm selected to perform ot� ject. The amount of the contract is below what was bengineering construction management for the e Z:� South 180th arade separation project. budgeted. DMJM has shown itself to be extremely experienced with this type of project. Additionally, they have extensive experience in soil mixing techniques, which is going to be a major portion of this contract; due to poor soils. Carter moved; Haggerton seconded; to authorize Mayor Mullet to sign an agreement with DMJM & Harris, tl� in the amount of SI,506,517.66, for South 180th Street Grade Separation construction management and 2n inspection services.* Discussion: It was concluded that if a street was to be closed during Christmas time, that it only be closed this December or next December; not both; as this is a 16 month project. Concerns have been expressed by the City of Renton and the Southcenter Malt regarding the road closure and potential impacts. Mr. Morrow noted staff would do Z", their best to have the street closed durin- just one Christmas holiday. *Vote - The motion carried 7-0. C. Consultant's agreement with Perteet Enoincering in the amount of S24,345.00, for the South 150th Street Improvements Traffic Signal at 42nd Avenue South (Information Only) llttp://N�-wNV.Ci.tLikwlla.wa.us/clerk/docsOl/i-ni8-20.htiii 0 1/3 1 /2002