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HomeMy WebLinkAboutCOW 2012-07-23 Item 5B - Agreements - Southcenter Parkway Extension Construction Management ServicesCOUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by 1 Mayor's review lFognal review 07/23/12 I BG 07/23/12 I BG I I 5.6. I I ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 07/23/12 AGENDA ITEM TITLE Southcenter Parkway Extension Project Construction Management Contracts with Anchor QEA, LLC and David Evans Associates CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mt Date 07/23/12 Mtg Date 07/23/12 Mtg Date Mtg Date Mt g Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI SPONSOR'S Due to the construction management dispute with KBA, Inc., additional construction SUMMARY management firms are needed to finish and close out the Southcenter Parkway Extension Project (that is near substantial completion). Anchor QEA will provide inspection services for $79,218.00 and David Evans Associates is needed for final surveying and as -built plans for $60,878.00. Council is being asked to approve the two construction management contracts for a total amount of $140,096.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/17/12 COMMITTEE CHAIR: DE'SEAN QUINN (ACTING) RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMIT E-E, Unanimous Approval; Forward to Committee of the Whole Special COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $140,096.00 $22,731,000.00 $0.00 Fund Source: 104 STREETS (PG 12, 2012 CIP), 401 WATER (PAGE 88), AND 402 SEWER (PAGE 118) Comments: MTG. DATE 07/23/12 07/23/12 MTG. DATE 07/23/12 07/23/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 07/13/12 (revised after TC) Funding Spreadsheet 2012 CIP pages 12, 88, and 118 Anchor QEA LLC Contract David Evans Associates Contract Minutes from the Transportation Committee meeting of 07/16 /12 c W City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Peter Lau, Senior Engineer DATE: July 13, 2012 SUBJECT: Southcenter Parkwav Extension Proiect Project No. 98410437 Construction Management Services ISSUE Approve construction management (CM) consultant agreements with Anchor QEA, LLC. and David Evans Associates. BACKGROUND Due to the CM service dispute with the original consultant, KBA, Inc., the City needs to hire additional CM consultants to assist our in -house CM staff and finish the Southcenter Parkway Extension Project. Anchor QEA, LLC was a qualified CM sub consultant to KBA for Southcenter Parkway and provided inspection services. As a result, Anchor QEA has been requested to assist our City CM staff to finalize the construction and assist with project closeout. David Evans was the design consultant for the Southcenter Parkway Extension Project and is needed for final surveying and as -built plans. DISCUSSION The attached scope of work for Anchor QEA and David Evans include construction engineering, inspection, environmental services, and documentation compliance support. RECOMMENDATION Approve the construction management consultant contracts with Anchor QEA, LLC. in the amount of $79,218.00 and David Evans Associates in the amount of $60,878.00 and consider these items at the July 23, 2012 Committee of the Whole meeting and subsequent Special Meeting that same night. Attachments: Funding Spreadsheet 2012 CIP, pages 12, 88, and 118 Anchor QEA Contract, Scope of Work, and Fee David Evans Associates Contract, Scope of Work, and Fee W:\PW Eng \PROJECTSW RW RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437) \Construction \Info Memo CM Anchor DEA 7- 13- 12.docx 31 Estimated Expenditures Budget KBA, Inc. (CM Consultant) 2,913,949.72 3,530,000.00 Anchor QEA 79,218.00 David Evans Assoc. 60,878.00 Widener Consultant (Corps of Engineers) 40,000.00 HWA GeoSciences 20,000.00 Dispute Review Board Expense 10,000.00 In -house Staff 560,000.00 Construction Bid 16,030,030.64 19,201,000.00 15% Construction Contingency 2,404,504.60 Extras, PSE, Signals, etc. 599,429.42 Total Contracts and Budget $22.715.142.38 $22.731.000.00 RECOMMENDATION Approve the construction management consultant contracts with Anchor QEA, LLC. in the amount of $79,218.00 and David Evans Associates in the amount of $60,878.00 and consider these items at the July 23, 2012 Committee of the Whole meeting and subsequent Special Meeting that same night. Attachments: Funding Spreadsheet 2012 CIP, pages 12, 88, and 118 Anchor QEA Contract, Scope of Work, and Fee David Evans Associates Contract, Scope of Work, and Fee W:\PW Eng \PROJECTSW RW RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437) \Construction \Info Memo CM Anchor DEA 7- 13- 12.docx 31 32 Southcenter Parkway Extension Project No. 98410437 Budget and Expenditures W: \PW Eng \PROJECTSW- RW RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437) \Grants, HL Water Dist, Segale \Funding Sheet 7- 10- 12.xlsx Page 1 Budget Expenditures 104 Fund 401 Water 402 Sewer Page 12 Page 88 Page 118 Estimated 2012 CIP 2012 CIP 2012 CIP Total Expenditures Design 1,366,000.00 1 153,000.00 59,000.00 1,578,000.00 1,578,853.43 Right -of -Way 11,000.001 0.00 0.00 11,000.00 10,901.13 Construction Management KBA 2,913,949.72 Anchor QEA 79,218.00 David Evans Assoc 60,878.00 Weidner Consultant 40,000.00 HWA GeoSciences 20,000.00 Dispute Review Board 10,000.00 In -house CM Staff 560,000.00 3,216,000.00 79,000.00 235,000.00 3,530,000.00 3,684,045.72 Construction Bid 16,030,030.64 15% Contingency 2,404,504.60 Extras, PSE, Signals, etc 599,429.42 14,837,000.00 2,002,000.00 2,362,000.00 19,201,000.00 19,033,964.66 19,430,000.00 2,234,000.00 2,656,000.00 24,320,000.00 24,307,764.94 $12,235.06 W: \PW Eng \PROJECTSW- RW RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437) \Grants, HL Water Dist, Segale \Funding Sheet 7- 10- 12.xlsx Page 1 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2012 to 2017 PROJECT: DESCRIPTION: JUSTIFICATION STATUS: MAINT. IMPACT COMMENT: FINANCIAL (in $000's) EXPENSES Design Land (R/W) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Bonds Mitigation Actual Mitigation Expected City Oper. Revenue TOTAL SOURCES Southcenter Pkwy (S 180 St S 200 St) Project No. 98410437 Extend 5 -lane Southcenter Pkwy to 200th St and include curbs, gutters, sidewalks, drainage, and sewer improvements. See corresponding water and sewer projects CIP pages. Southwest access needed for commercial business district (CBD) and development of adjoining area. Design and right -of -way completed in 2009, construction started in 2010 with completion in 2012. Additional street, sewer and surface water maintenance. Design grants from Federal STP for $196k and $150k from State AIP. Construction grants include $10m in State grants, $2m TIB grant, and $3.5m in Federal Earmark grant. Puget Sound Energy, Highline Water District, Segale Properties, and King County (sewer) will pay for a portion of costs. City Bond of $4.388m in 2010. Through Estimated 2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL 1,345 21 1,366 11 11 1,166 1,300 750 3,216 2,190 7,102 5,545 14,837 4,712 8,423 6,295 0 0 0 0 0 0 19,430 4,209 4,000 5,306 4,388 12 21 361 (3,897) 4,402 628 0 4,712 8,423 6,295 0 Project Location J 0 Y i S 15i 0 0 0 0 0 0 0 0 13,515 4,388 33 361 0 1,133 0 19,430 GIS 34 2012 2017 Capital Improvement Program 12 CITY OF TUKWILA CAPITAL PROJECT SUMMARY Project Location 2012 2017 Capital Improvement Program 1 GIs 35 2012 to 2017 PROJECT: Southcenter Pkwy Water Upgrade (Minkler 180) Project No. 90440103 98410437 Design and construct 12" waterline in Southcenter Pkwy from Minkler Blvd to South 180th St. Interlocal agreement DESCRIPTION: with Highline Water District has their improvements under our construction contract with full reimbursement. JUSTIFICATION: Coordinate with installation of sanitary sewer line in Southcenter Pkwy. STATUS: City water improvements should be completed in 2010. Highline Water District improvements shown in 2011. MAINT. IMPACT: Improved service will reduce maintenance liability. COMMENT: Coordinated with Southcenter Pkwy Extension roadway project. FINANCIAL Through Estimated (in $000's) 2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL EXPENSES Design 153 153 Land(R/W) 0 Const. Mgmt. 6 57 16 79 Construction 392 1,490 120 2,002 TOTAL EXPENSES 551 1,547 136 0 0 0 0 0 0 2,234 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Highline Water Dist 117 1,494 136 1,747 Mitigation Expected 0 Utility Revenue 434 53 0 0 0 0 0 0 0 487 TOTAL SOURCES 551 1,547 136 0 0 0 0 0 0 2,234 Project Location 2012 2017 Capital Improvement Program 1 GIs 35 CITY OF TUKWILA CAPITAL PROJECT SUMMARY S Project Location i 36 2012 2017 Capital Improvement Program 118 2012 to 2017 PROJECT: South City Limits Sewer Extension Project No. 98640204 98410437 DESCRIPTION: Design and construct 13,000 LF of sewer line from Minkler Blvd to S 200th St along Southcenter Pkwy. JUSTIFICATION: Coordinate with installation of road and water improvements in Southcenter Pkwy. STATUS: Construction began in 2010 and will continue into 2012. MAINT. IMPACT: Increased man -hours to service new system. See Southcenter Pkwy Extension project in arterial streets. Sewer costs will be funded by Federal Earmark COMMENT: grants and sewer connection fees over 10 years. FINANCIAL Through Estimated (in $000's) 2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL EXPENSES Design 59 59 Land (R/VV) 0 Const. Mgmt. 55 100 80 235 Construction 832 970 560 2,362 TOTAL EXPENSES 946 1,070 640 0 0 0 0 0 0 2,656 FUND SOURCES Grants /City Bond 887 1,070 640 2,597 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 59 0 0 0 0 0 0 0 0 59 TOTAL SOURCES 946 1,070 640 0 0 0 0 0 0 2,656 S Project Location i 36 2012 2017 Capital Improvement Program 118 Local Agency Standard Consultant Agreement Architectural /Engineering Agreement Personal Services Agreement Aqreement Number Federal Aid Number HPP- DEMO- STPUL- 1041(003) Agreement Type (Choose one) Lump Sum Lump Sum Amount Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method Actual Cost Actual Cost Not To Exceed Fixed Overhead Rate Fixed Fee Specific Rates Of Pay Negotiated Hourly Rate Provisional Hourly Rate Cost Per Unit of Work Index of Exhibits (Check all that apply): Exhibit A -1 Scope of Work Exhibit A -2 Task Order Agreement Exhibit B -1 DBE Utilization Certification Exhibit C Electronic Exchange of Data Exhibit D -1 Payment Lump Sum Exhibit D -2 Payment Cost Plus Exhibit D -3 Payment Hourly Rate Exhibit D -4 Payment Provisional Exhibit E -1 Fee Lump /Fixed/Unit Exhibit E -2 Fee Specific Rates Exhibit F Overhead Cost Exhibit G Subcontracted Work Exhibit G -I Subconsultant Fee Consultant/Address/Telephone Anchor QEA, LLC 720 Olive Way, Suite 1900 Seattle, WA 98101 Project Title And Work Description Southcenter Parkway Extension Project: Replace the existing two -lane roadway with a new five -lane facility between S 180th St and S 200th St that will include urban roadway improvements that meet current standards. DBE Participation Yes No Federal ID Number or Social Security Number Do you require a 1099 for IRS? Completion Date Yes No Total Amount Authorized 79,218.00 Management Reserve Fund Maximum Amount Payable 79,218.00 Exhibit G -2 Fee -Sub Specific Rates Exhibit G -3 Sub Overhead Cost Exhibit H Title VI Assurances Exhibit I Payment Upon Termination of Agreement Exhibit J Alleged Consultant Design Error Procedures Exhibit K Consultant Claim Procedures Exhibit L Liability Insurance Increase Exhibit M -la Consultant Certification Exhibit M -lb Agency Official Certification Exhibit M -2 Certification Primary Exhibit M -3 Lobbying Certification Exhibit M -4 Pricing Data Certification App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 37 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 i 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 to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub Contracting The AGENCY permits sub contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub consultant shall be substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a minimum amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 39 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 is In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial. review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J and disputes concerning claims will be conducted under the procedures found in Exhibit "K XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 41 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 42 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may 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 any "request for equitable adjustment', hereafter referred to as "CLAIM under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not 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 material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 43 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. M By By Consultant Anchor QEA, LLC Agency City of Tukwila DOT Form 140 -089 EF Revised 3/2008 Page 8 of 8 Exhibit A City of Tukwila Southcenter Parkway Extension Construction Services Scope of Work June 20, 2012 The Consultant shall provide Field Observation services and Construction Management support and for the completion of the Southcenter Parkway Project as outlined below: Task 1: Field Observation In coordination and cooperation with the City lead inspector, the Consultant shall provide the services of one full -time inspector and supplemental assistants (only as needed and requested by the City) on the project site who will observe the technical content of the construction, including providing day to day contact with the Contractor and the City. The City shall contract with an independent testing lab for material testing services such as field sampling, sieve analysis, in place density tests, extraction, and rice density. The Consultant inspector will utilize those test results to monitor material placed for compliance with the contract requirements. The Consultant shall utilize approved submittals provided by the City for equipment verification purposes. The Consultant shall keep records and prepare a daily report or other documentation correspondence as required for the duration of their work assignment. The report shall include photographs taken during the course of construction. Truck tickets and other required documentation obtained from the Contractor will be provided to the City. The Consultant shall prepare a draft comprehensive punchlist based on the above field inspections for review by the City lead inspector. The Consultant shall track quantities, assist in preparation of pay estimates, and review with City and Contractor for approval. Up to four pay estimates are anticipated for this project (June, July, August and Final). Task 2: Environmental Compliance The Consultant shall provide field observation of the contractor installed temporary erosion and sedimentation control features for compliance with best management practices to prevent off site discharge. These field observations will be provided in a report with any recommended corrective actions. The Consultant will assist in meetings or site visits with agency permit compliance staff to achieve close -out Task 3: Contract Management Support Consultant shall prepare for and attend construction meetings with the City, Contractor, utilities and other parties as requested. 45 The Consultant shall provide informal site visits with the field observer, City staff and Contractor to address concerns, make clarifications, and help assure compliance with Contract Documents. The Consultant shall respond to e- mails, telephone calls, verbal requests made at meetings or similar requests from the City to assist with contract administration activities. Such activities may include but not limited to field directives, change orders, correspondence from the contractor and other administrative and management functions. The Consultant shall assist in project documentation and records management in anticipation of a project documentation audit by WSDOT federal aid. Consultant manager shall provide appropriate staff assignments, management of staff, preparation of monthly invoices and progress reports of work performed. Task 4: Contract Administration Support Consultant shall provide administrative and engineering trained support staff (on an "as needed" basis) to assist the City in fulfilling construction contract administration activities Provide document preparation support and related administrative activities The remaining construction duration is anticipated to be approximately 4 weeks of field time and 10 weeks of administrative support. Deliverables: Items to be provided by the Consultant: Daily field inspection reports Field notes and sketches Construction photos Documentation from site meetings, change conditions, and field directives. Punchlist. Items to be provided by the City: Contract documents Contract records (as developed by the previous consultant) Exclusions: The Consultant shall assume no responsibility for proper construction techniques and job site safety. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the City a greater degree of confidence that the completed work will conform generally to the Contract Documents. The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor, but cannot guarantee the Contractor's performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor and any subcontractor. M Southcenter Parkway CM Services Task 1Task1 I 1Task2 I 1Task3 I 1Task4 I I Hours by Labor Categories (hourly rates shown in parentheses) Senior Analyst Principal CM Staff 1 Analyst Engineer LA CM Engineer Planner Scientist Description ($215) Field inspection services 1 LA Planner 1.11 I Coordinator ]Environmental compliance 1 Scientist 2.11 I IContract management services 1 ($110) 3.11 1 160.00 1Contract administration support 1 I 2,640 I 4.11 1 Total Hoursl 160.00 Total Cost1 $34,400 Hours by Labor Categories (hourly rates shown in parentheses) Senior Analyst Staff 3 Analyst Staff 1 Analyst Total CM Engineer CM Engineer/ CM Engineer Project LA Planner LA Planner LA Planner Coordinator Scientist Scientist Scientist (PAS) ($120) ($110) ($105) ($95) I 180.00' I I 24.00 I 1 148.00 180.00 1 24.00 1 148.00 $21,6001 $2,6401 $15,540 40.00 40.00 $3,800 Total Total Labor Total Labor Reimbursable Reimbursable Total Direct Hours Cost Direct Costs Costs Costs Total Cost I 180.00 1 I 21,600 1 I 560 1 I 560 1 I 560 1 I 22,160 1 I 24.00 1 I 2,640 I I 56 1 I 56 1 I 56 1 I 2,696 1 I 160.00 1 I 34,400 1 I 622 1 I 622 1 I 622 1 I 35,022 I 188.00 1 I 19,340 1 I 1 I I I I 19,340 5521 1 1 1 1 1 $77,9801 $1,2381 $1,2381 $1,2381 $79,218 W Local Agency Standard Consultant Agreement Architectural /Engineering Agreement Personal Services Agreement Aqreement Number Federal Aid Number HPP- DEMO- STPUL- 1041(003) Agreement Type (Choose one) Lump Sum Lump Sum Amount Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method Actual Cost Actual Cost Not To Exceed Fixed Overhead Rate Fixed Fee Specific Rates Of Pay Negotiated Hourly Rate Provisional Hourly Rate Cost Per Unit of Work Index of Exhibits (Check all that apply): Exhibit A -1 Scope of Work Exhibit A -2 Task Order Agreement Exhibit B -1 DBE Utilization Certification Exhibit C Electronic Exchange of Data Exhibit D -1 Payment Lump Sum Exhibit D -2 Payment Cost Plus Exhibit D -3 Payment Hourly Rate Exhibit D -4 Payment Provisional Exhibit E -1 Fee Lump/Fixed/Unit Exhibit E -2 Fee Specific Rates Exhibit F Overhead Cost Exhibit G Subcontracted Work Exhibit G -1 Subconsultant Fee Consultant/Address /Telephone David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 Project Title And Work Description Southcenter Parkway Extension Project: Replace the existing two -lane roadway with a new five -lane facility between S 180th St and S 200th St that will include urban roadway improvements that meet current standards. DBE Participation Yes No Federal ID Number or Social Security Number 93- 066 -1195 Do you require a 1099 for IRS? Completion Date Yes No Total Amount Authorized 60, 878.00 Management Reserve Fund Maximum Amount Payable 60,878.00 Exhibit G -2 Fee -Sub Specific Rates Exhibit G -3 Sub Overhead Cost Exhibit H Title VI Assurances Exhibit I Payment Upon Termination of Agreement Exhibit J Alleged Consultant Design Error Procedures Exhibit K Consultant Claim Procedures Exhibit L Liability Insurance Increase Exhibit M -1 a Consultant Certification Exhibit M -lb Agency Official Certification Exhibit M -2 Certification Primary Exhibit M -3 Lobbying Certification Exhibit M -4 Pricing Data Certification App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 O, WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D /M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 W 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 to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager. VI Sub Contracting The AGENCY permits sub- contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non- salary costs and fixed fee costs for the sub consultant shall be substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub- consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a minimum amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 51 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part -time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 52 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J and disputes concerning claims will be conducted under the procedures found in Exhibit "K XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 53 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 54 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may 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 terns and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terns 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 If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terns hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may 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 material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 55 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By By Consultant David Evans and Associates, Inc. Agency City of Tukwila DOT Form 140 -089 EF Revised 3/2008 Page 8 of 8 56 CITY OF TUKWILA SERVICES DURING CONSTRUCTION SOUTHCENTER PARKWAY EXTENSION PROJECT SCOPE OF SERVICES SECTION 1.00 PROJECT DESCRIPTION AND DELIVERABLES 1.01 PROJECT DESCRIPTION David Evans and Associates, Inc. (CONSULTANT) will provide professional support services for the construction of the Southcenter Parkway Extension (PROJECT) under the direction of City of Tukwila (CLIENT) as described in this Scope of Services. 1.02 PROJECT DELIVERABLES FURNISHED BY THE CONSULTANT The CONSULTANT shall maintain a project file for pertinent work items. These files will be delivered to the CLIENT at the conclusion of the project. SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL The CONSULTANT shall provide professional engineering management and supervision throughout the duration of the PROJECT. This effort will include the following elements: Subconsultant coordination. Organize and lay out work for project staff. Prepare project instructions on contract administration procedures to be used during construction. Review monthly expenditures, prepare invoice, and submit project progress letter to the CLIENT. Quality Assurance /Quality Control. 2.01 SUBCONSULTANT COORDINATION Direction of the SUBCONSULTANT and review of their work over the course of the PROJECT shall be provided by the CONSULTANT. Monthly monitoring of the SUBCONSULTANT's budget will occur over the course of the PROJECT. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions could include formal requests for budget increases, or scope modifications or reductions. 2.02 MONTHLY INVOICES AND PROGRESS REPORTS The CONSULTANT shall submit monthly invoices and progress reports for payment by the CLIENT. The CONSULTANT'S invoices shall only include the work done by the CONSULTANT or any approved SUBCONSULTANT for work under this scope of services. The CONSULTANT shall list the following: work item, employee's name, job classification, hourly rate, total amount invoiced per work item, billing duration, any necessary receipts and a description of purpose, and total amount due. Deliverables: Monthly invoices and progress reports (5 monthly invoices estimated). s:\ trans \dca 0030\ mlf\ tukwila\ southcenter\ southcenter construction management. doc DAVID EVANS AND ASSOCIATES, INC. Scope of Services 57 2.03 QUALITY ASSURANCE /QUALITY CONTROL REVIEW This work element is for QA /QC review of CONSULTANT deliverables by a designated QA /QC staff member of the CONSULTANT team. The review will cover project documentation, progress payments, change orders, and pertinent information on an ongoing basis. The program entails the periodic review of the project files and assures that the overall scope of services objectives are being fulfilled. SECTION 3.00 CONSTRUCTION DESIGN SUPPORT 3.01 DESIGN SUPPORT The CONSULTANT shall provide professional services to support the CLIENT construction completion of the PROJECT. The following tasks are assumed for this work item: Final field walk of wetland number 1 mitigation site. Complete final (punch list) inspection. Provide notes summarizing punch list items. Review as -built drawings submitted by the contractor for completeness. Prepare record drawings. The CONSULTANT shall conduct a field walk through with the CLIENT to determine if invasive plant species have been removed in the wetland number 1 mitigation site. It is assumed field survey shots are not required. The CONSULTANT shall conduct a final on -site walk through with the contractor and CLIENT. If needed, a punch list will be prepared and submitted to the CLIENT. It is assumed the CLIENT will provide one complete, consolidated set of redlines for the CONSULTANT to use in as -built drawings preparation. Highline Water District plans as -built have been prepared under a separate contract with Highline. Deliverables: Punch List (if needed) Draft As -built record drawing (One copy 22 "04" paper) Final As -built record signed 22 "04" Mylar Record Drawings. Electronic Copy of Final As -built record drawings in PDF format. 3.02 PUMP STATION The CONSULTANT shall attend the final startup and testing of the pump station with the contractor, pump manufacturer's representative, and the City to witness the actual pump flow tests for each pump. The observation testing will include pump operating with and without the assistance of the standby generator. The testing should include electrical and control systems. The results of the startup testing shall be documented in writing and included as part of the final Operation and Maintenance Manual. The CONSULTANT shall prepare an Operation and Maintenance Manual (O &M) in accordance with Washington State Department of Ecology guidelines (WAC 173 240 -080). It is assumed that the City will provide an example of an approved O &M. The following figures are assumed for the O &M: vicinity map, site plan, typical mechanical plan and sections, and electrical one -line drawing. The CONSULTANT shall conduct a final on -site walk through of the pump station with the contractor and CLIENT. If needed, a punch list will be prepared and submitted to the CLIENT. Deliverables: Draft Operations and Maintenance Manual (1 hard copy) Final Operations and Maintenance Manual (1 hard copy) Pump Station Punch List (if needed) s:\ trans \dea 0030\mlfltukwila \southcenter \southcenter construction management.doc DAVID EVANS AND ASSOCIATES, INC. Scope of Services 3.03 ON -CALL DESIGN SUPPORT The CONSULTANT shall provide professional services to support the CLIENT responses to contractor's RFIs or questions by the CLIENT. The budget for this task is based on the following assumptions: CONTRACTOR'S RFIs: One hour per RFI for one CONSULTANT. A total of five RFI's is assumed. CLIENT QUESTIONS: One hour per question for one CONSULTANT. A total of 10 questions are assumed. SECTION 4.00 RECORD OF SURVEY 4.01 SURVEY SUPPORT Record of Survey and Right -of -Way Plans The CONSULTANT shall finalize the record of survey prepared under a separate scope of services. The CONSULTANT shall field verify all centerline monuments installed and punched by the contractor. It is assumed that the contractor disturbed or destroyed the CONSULTANT's survey control and the CONSULTANT will need to re- establish survey control for this field work. The CONSULTANT shall record the record of survey with King County. Two days of survey field crew is assumed this scope of services. Deliverables: Record of Survey Drawing and Right -of -Way Plan set. s:\ trans \de&x0030\mlf\tukwila \southcenter \southcenter construction management.doc DAVID EVANS AND ASSOCIATES, INC. 3 Scope of Services M M- 1 DRAFT Southcenter Parkway Extension Project Services During Construction Summary Classification 1 Quality Assurance /Quality Control 2 Project Manager 3 Senior Professional Engineer 4 Senior CADD Tech. 5 Sr. Landscape Architect 6 Survey Manager 7 Senior Prof. Land Surveyor 8 Survey Tech. 9 Party Chief 10 Instrument Person 11 Project Administrator 12 Administrative Assistance Direct Salary Cost S u btota I Overhead Cost Net Fee 0 Subtotal Direct Non -Salary Cost a) Deliveries/ Mail b) Reproduction: Half -Size Plans Sets Full -Size Plan Set Full -Size Mylar Record Drawings c) Travel (Personal Miles) Subtotal Subconsultant Subtotal JAG, LLC (Lift Station) R &W (Electrical) DEA Total to Complete Project Total Hrs 175.34% of Direct Labor 30.00% of Direct Labor Hrs. x 14 52 63 130 8 2 8 22 16 16 15 6 0W 2 Each $15.00 /Each 0 Each $110.00 /Each 1 Each $600.00 /Each 1 Each $1,450.00 /Each 300 Miles $0.550 /Mile Page 1 S TRANS\ DEAX0030\ mlflTukwila \SouthcenteASouthcenter Construction Management.xls Rate $58.50 $58.50 $58.50 $39.50 $42.20 $61.50 $40.00 $30.00 $30.00 $25.00 $31.70 $27.50 $30.00 $0.00 $600.00 $1,450.00 $165.00 Cost $819.00 $3,042.00 $3,685.50 $5,135.00 $337.60 $123.00 $320.00 $660.00 $480.00 $400.00 $475.50 $165.00 $15,643 $15,643 $15,643 $27,428 $4,693 $47',763 $2,245 $9 $1,500 $'10,870 $60 ;1 Printed 7/11/2012 61 southcenter parkway extension services during construction estimates TRANSPORTATION COMMITTEE Meeting Minutes July 10, 2012 5:151). n7. C'onlerenee Roon7 No. I PRESENT Citv of Tukwila Transportation Committee Councihmmbers: Verna Seal, (sitting in for Allan Ekberg, Chair); Dennis Robertson (sitting in for Kathy Hougardv), and De' Sean Quinn, Acting Chair Staff: David Cline, Jovice Tmntina, Frank Iriarte, Robin Tischmak, Mike Mathia, Peter Lau, Gail Labanara and Kimberly Matc�j CALL TO ORDER: The meeting was called to order at 5:16 p.m I. PRESENTATIONS Southcenter Parkway Extension Proiect Update Staff gave a brief presentation on the status of the Southcenter ParkNvay Extension Project. The project is near substantial completion which means the project will be considered usable. Major items needed for substantial completion include sanitaiv sewer pump completion and traffic light activation. Staff also provided an update on project delay factors including an Army Corps of Engineers permit, right- of -kvav acquisition, and a street vacation. INFORMATION ONLY. II. BUSINESS AGENDA A. Southcenter Parlcwav Extension Proiect Due to a dispute between the Citv and the project's original construction management consultant, there is now a need to hue additional consultants for construction management sentiices in order to complete the Southcenter Parkway Extension project. The issues in question will be dealt with as a separate matter aside from completion of the project. Staff is seeking full Council approval to enter into two consultant agreements for construction management services relative to the Southcenter Park vay Extension Project as outlined below. Anchor OEA, LLC Anchor QEA was a sub consultant of the original consultant and have provided inspection sen ices on the project. They would now serve to assist in finalizing construction and project closeout. The contract amount is for $79,218. UNANIMOUS APPROVAL. FORWARD TO JULY 23 COW FOR DISCUSSION. David Evans do Associates David Evans was the design consultant for the project and would now conduct final surveying and as -built plans. The contract amount is for $6(),878. Due to time constraints, as well as a 5"' Monday in August (which translates to a week without a Council meeting), this item move foix-vard to the July 23 COW for discussion, and the Special Meeting immediately following as appropriate. UNANIMOUS APPROVAL. FORWARD TO JULY 23 COW FOR DISCUSSION. III. SCATBd There were no comments relative to the SCATBd agenda items in the packet. IV. MISCELLANEOUS Meeting act ournecl at 5: 581.177. Next meeting: Monday, August 6, 2012 5:15 p.m. Conference Room #1 4e 9 Committee Chair Approval 11onacs hr k'.IU Reviewed hr (,L. 63