HomeMy WebLinkAboutReg 2013-01-22 Item 5F - Agreement - Interurban Avenue South Design with KPG for $348,869.87COUNCIL AGENDA SYNOPSIS
Initials
Meetin, Date
Pr oared 6
Maair''s review
Council review
01/22/13
BG arte&FAM
IN
I WE
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
/1
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance C Fire ❑ IT ❑ P &R ❑ Polite
/1 PW
SPONSOR'S This contract is for final design of the Interurban Ave S street improvements from South
SUMMARY 143rd St to Fort Dent Way. The original design contract with KPG had expired and with new
grant construction funding, this final design contract is needed. The final design contract
will also look for efficiencies, redesign a portion of the storm drainage system, and include
LED streetlights. Council is being asked to approve the design contract with KPG, Inc. in
the amount of $348,869.87.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm.
DATE: 01/15/13 COMMITTEE CHAIR: KATE
/1 Transportation
ITEM INFORMATION
ITEM No.
5.F.
143
STAFF SPONSOR: BOB GIBERSON
ORIGINAL. AGENDA DATE: 01/ 22/13
AGENDA ITEM TITLE Interurban Ave S - Consultant Agreement with KPG, Inc. for final design
CATEGORY ❑ Discussion
Mfg Date
Motion
Date 01/22/13
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
/1
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance C Fire ❑ IT ❑ P &R ❑ Polite
/1 PW
SPONSOR'S This contract is for final design of the Interurban Ave S street improvements from South
SUMMARY 143rd St to Fort Dent Way. The original design contract with KPG had expired and with new
grant construction funding, this final design contract is needed. The final design contract
will also look for efficiencies, redesign a portion of the storm drainage system, and include
LED streetlights. Council is being asked to approve the design contract with KPG, Inc. in
the amount of $348,869.87.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm.
DATE: 01/15/13 COMMITTEE CHAIR: KATE
/1 Transportation
Cmte
❑ Planning Comm.
KRULLER
RECOMMENDATIONS:
SPoNsoR /ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
ExPENDI'I'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$348,869.87 $348,869.87 $0.00
Fund Source: 104 ARTERIAL STREETS & 412 SURFACE WATER (PAGES 15, 138, & 16, 2013 CIP)
Cotmnents:
MTG. DATE
RECORD OF COUNCIL ACTION
01/22/13
MTG. DATE
ATTACHMENTS
01/22/13
Informational Memorandum dated 01/11/13
2013 CIP, pages 21, 138, and 16
KPG Contract, Scope of Work, and Fee
Minutes from the Transportation Committee meeting of 01/15/13
143
144
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Robin Tischmak, City Engineer
DATE: January 11, 2013
SUBJECT: Interurban Avenue South — S 143rd St to Fort Dent Way
Project No. 90310402
Consultant Agreement
ISSUE
Execute a contract with KPG, Inc. in the amount of $348,869.87 to finalize design for the
Interurban Ave S (S 143rd St to Fort Dent Way) street improvement project.
BACKGROUND
Design for the proposed improvements on Interurban Ave S from S 143rd St to Fort Dent Way
began in 2004. The design phase was the only phase that was funded at that time. The design
was developed to approximately 90% completion and shelved until construction funding was
obtained. Grant applications have been pursued since 2007 without success. In 2012, construction
funding was finally obtained, so final completion of the design is necessary. The original contract
with KPG, Inc. has expired and a new contract is necessary.
DISCUSSION
KPG has provided the attached contract, scope of work, and fee estimate to complete design of
Interurban Ave S and advertise for construction bids. Additional budget is needed to re- design a
portion of the storm drainage system (including water quality and detention) that is necessary due
to private development and also to update the project to include new LED energy efficient street
lights. Supplemental funding is proposed from the Interurban Right -of Way budget, the Surface
Water fund and the Annual Traffic Signal Program.
FINANCIAL IMPACT
Design Contract
Interurban Ave — Design (CIP page 21)
Interurban Ave — ROW (CIP page 21)
Storm Water Quality Retrofit (CIP page 138)
Annual Traffic Signal Program (CIP page 16)
Totals
Contract
$348,869.87
$348.869.87
Budget
$250,000.00
38,869.87
30,000.00
30,000.00
$348,869.87
RECOMMENDATION
Council is being asked to approve the design contract with KPG, Inc. for the design of Interurban
Ave S (S 143rd St to Fort Dent Way) in the amount of $348,869.87 and consider this item on the
Consent Agenda of the January 22, 2013 Regular Meeting.
Attachments: 2013 CIP pages 21, 138, and 16
KPG Contract, Scope of Work and Fee Estimate
W:IPW EngIPROJECTSIA- RW & RS Projects \Interurban Ave S (90310402)1Info Memo Consult Contract gl.docx
145
146
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Interurban Ave S (S 143 St - Fort Dent Way) Project No. 90310402
DESCRIPTION: Design and construct sidewalks, pavement restoration, drainage, and lighting.
JUSTIFICATION: Pedestrian traffic is forced to walk in traveled way, lighting is substandard, drainage is poor and
pavement failure is accelerating.
STATUS: Completed 90% of design in 2010. Federal STP construction grant submitted in 2012. City received
a PWTF loan in 2012, dependent on State legislature in 2013.
MAINT. IMPACT: Reduce annual pavement repairs and increase pedestrian safety.
COMMENT: Federal Hwy STP Grant of $389,000 for design. State TIB grant of $5m, proposed Federal grant $3m,
PWTF of $2.5m and $550,000 in developer mitigation.
FINANCIAL Through Estimated
2012
2013
2014
2015
2016
2017
2018
BEYOND TOTAL
EXPENSES
Project Location
11,
, 31r`
--� "�t \ �1i
-°
00 Stye
Design
464
! 5
°
250
� En
el
♦ S
51395
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714
Land (R/W)
D D
gg CO a a+ 4
4 i a
4 N ♦h
47.5{ 1
' C.
S i -06 St
150
;/ 3150 St
_ n
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I51.� p
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S�15S St �
s t66 a
0 ,
150
Const. Mgmt.
1,300
1,300
Construction
9,400
9,400
TOTAL EXPENSES
464
0
400
10,700
0
0
0
0
0
11,564
FUND SOURCES
Awarded Grant
389
5,000
5,389
Proposed Grant STP
3,050
3,050
Mitigation
550
550
PWTF Loan
400
2,100
2,500
City Oper. Revenue
75
0
0
0
0
0
0
0
0
75
TOTAL SOURCES
464
0
400
10,700
0
0
0
0
0
11,564
2013 - 2018 Capital Improvement Program
21
147
Project Location
11,
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S 13. St
Lilt
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137 _,
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S160 St Li
2013 - 2018 Capital Improvement Program
21
147
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Storm Water Quality Retrofit Program Project No. 91241202
DESCRIPTION: Design and install water quality vaults at selected drainage locations throughout the City.
JUSTIFICATION: NPDES permit requirements to improve water quality.
New projec for 2013 2O1VC|P. Two candidates have been identified; water quality vaults (WQV)
STATUS:
for 4Vth Ave 8 and G122ndSt.
MA\NT.|MPACT: Expected to increase maintenance.
COMMENT: Combine with other CIP projects for design and construction, where feasible.
FINANCIAL Through Estimated
2 12 2013
2014
2015
2016
2017
2018
BEYOND TOTAL
`—' —
EXPENSES
Design
15
15
15
15
15
15
15
105
Land (RAN)
0
Const. Mgmt.
15
15
15
15
15
15
15
105
Construction
80
80
00
80
80
80
80
560
TOTAL EXPENSES
0
0
110
110
110
110
110
110
110
770
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
0
110
110
110
110
110
110
110
770
TOTAL SOURCES
0
0
110
110
110
110
110
110
110
770
Project Location:
Entire System
2013 2018 Capita Improvement Program
148
138
2012 CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Annual Traffic Signal Program Project No 91210404
Design and construc traffic signal upgrades and n:pairsofsignals that exceed routine maintenance work;
DESCRIPTION:
loop replacement, head replacement, and controllers. Replace direct bury cable for existing Iighting system.
City is adding traffic signals to inventory every year. New traffic control center will warrant an additional staff
JUSTIFICATION:
person to be fully operational.
LEDs are ona4to5 year replacement cycle. Work includes adding additional signal heads, luminaires, loop
STATUS'
'
repairs, and controller upgrades.
Reduces maintenance costs. Preventative maintenance on every traffic signal is required to be completed
MA|NT IMPACT:
� quartedy.
COMMENT: Ongoing project, only one year actuals shown in first column. Budget reduction in 2011 and 2012.
FINANCIAL Through Estimated
2013
2014
2015
2016
2017
2018
BEYOND TOTAL
`-' ,
EXPENSES
Design
0
Land (��
0
Const. Mgmt.
0
Construction
50
50
150
100
105
115
115
120
120
925
TOTAL EXPENSES
50
50
1*0
100
105
115
115
120
120
925
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Impact Fees
0
City Opu,.Revenue
50
50
150
100
105
115
115
120
120
925
TOTAL SOURCES
50
50
150
100
105
115
115
120
120
925
Project Location:
Entire System
x~~
2013 2018 Capita Improvement Program
16
150
Local Agency
Standard Consultant
Agreement
Consultant/Address /Telephone
KPG
753 9th Avenue North
Seattle, WA 98109
206.286.1640
►� Architectural /Engineering Agreement
❑ Personal Services Agreement
Agreement Number
Project Title And Work Description
interurban Avenue South
Fort Dent Way to S 143rd Street
Final Design Services and Bid Document
Preparation.
Federal Aid Number
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
%
DBE Participation
°
/o
Overhead Cost Method
❑ Actual Cost
❑ Actual Cost Not To Exceed
%
❑ Yes ►� No
Federal ID Number or Social Security Number
91- 1477622
❑ Fixed Overhead Rate
%
Do you require a 1099 for IRS?
❑ Yes No
Completion Date
December 31, 2013
Fixed Fee $
Total Amount Authorized $
Management Reserve Fund $
Maximum Amount Payable $
348,869.87
►� Specific Rates Of Pay
►5 Negotiated Hourly Rate
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
348,869.87
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
® Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
Z 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
Z Exhibit M -3 Lobbying Certification
® Exhibit M -4 Pricing Data Certification
❑ App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this
between the Local Agency of
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
day of
, Washington, hereinafter called the "AGENCY" ,
151
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
152
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 perfornance 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
153
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
154
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
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability 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
156
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
terns and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (I) 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 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.
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157
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 Agency
DOT Form 140 -089 EF
Revised 3/2008
158
Page 8 of 8
EXHIBIT A -1
City of Tukwila
Interurban Avenue S
Fort Dent Way to S 143rd Street
Scope of Work
January 8, 2013
PROJECT DESCRIPTION
The Consultant shall prepare final Plans, Specifications and Estimates for Interurban Avenue S between Fort
Dent Way and S 143`d Street. This project recently received state and federal grant funds from the Puget Sound
Regional Council (PSRC) and Transportation Improvement Board (TIB).
Interurban Avenue S Plans were completed to approximately the 90% design level in 2010; however, a number
of design revisions are required in order to meet funding requirements and to coordinate with recent and planned
utility upgrades and development along the corridor. These include:
• Revised drainage design to match developer frontage and meet current code requirements.
• Installation of LED illumination system to meet funding requirements.
• Revised water system design in coordination with recent sewer system upgrades.
The project also includes preparation of required environmental documentation and right of way acquisition in
accordance with federal funding requirements.
The City of Tukwila may require other services of the consultant. These services could include additional
design, right of way, construction phase services, or other work tasks not included in the scope of work. At the
time these services are required, the Consultant will provide the City with a detailed scope of work and an hour
and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and
issued a Notice to Proceed.
City of Tukwila
Interurban Avenue S Page 1 of 3
KPG, Inc.
January 8, 2013
159
SCOPE OF WORK
TASK 1 — MANAGEMENT /COORDINATION /ADMINISTRATION
1.1 The Consultant shall provide continuous project management and administration for the duration of
the Project. (Estimate 8 months).
• Hold project coordination meetings with the City to update progress and review submittals.
Assume (4) meetings.
• The Consultant shall provide monthly status reports and billings.
1.2 The Consultant shall provide independent QA/QC reviews by senior in -house staff of all
deliverables prior to submittal to the City.
TASK 2 — PREPARE FINAL PLANS, SPECIFICATIONS, AND ESTIMATES
2.1 The Consultant shall update project Plans and Technical Information Report (TIR)for 90% Review
by the City. The Plans will be updated to incorporate design changes associated with recent
development activity, recent sanitary sewer installations, changes in drainage policy, and to
incorporate requirements of grant award. These changes include the following major revisions to
the previous design:
• Revise drainage design and TIR to incorporate recent developer improvements and incorporate
required detention and treatment design. Filterra treatment units will be located to meet water
quality treatment requirements for the project. This work is necessary to complete
environmental documentation included in Task 2.3.
• Revise water design to provide minimum clearance from new sanitary sewer.
• Revise illumination design and layout to utilize LED technology. This is a requirement of the
TIB grant funds.
2.2 The Consultant shall incorporate City comments and prepare final Plans and TIR for the proposed
improvements for advertisement by the City.
2.3 The Consultant shall coordinate with the structural subconsultant CivilTech to finalize wall plans
and specifications.
2.4 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction
Cost for the 90% and Final Submittal.
2.5 The Consultant shall prepare the Contract Specification per 2012 WSDOT Standard Specifications.
2.6 The Consultant shall distribute 90% review submittals to franchise utility owners for utility
relocations required by the franchise utilities within the Project limits.
2.7 The consultant shall assist the City with Project Advertisement and Award by uploading plans and
specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award.
City of Tukwila
Interurban Avenue 5 Page 2 of 3
160
KPG, Inc.
January 8, 2013
TASK 3 — ENVIRONMENTAL DOCUMENTATION
3.1 The Consultant shall coordinate with subconsultant Widener and Associates to perform
environmental documentation that is required by the grant funding source. Environmental
documentation will be performed with the scope of services in Attachment 1 to this scope of
services.
TASK 4 — RIGHT OF WAY ACQUISITION
4.1 The Consultant shall prepare right of way plans in accordance with federal funding requirements.
Right of way plans will be updated to reflect Maule Avenue vacations and 90% design layout.
4.2 The Consultant shall prepare legal descriptions and exhibits for necessary right of way and
easements.
4.3 The Consultant shall provide coordination and support for the right of way acquisition process.
Acquisition services will be performed by Abeyta and Associates under subcontract to the
consultant in accordance with the scope of work included in Appendix A.
Assumptions
• FHWA federal funding is anticipated for the Project construction.
• Franchise utility relocation design and construction will be performed by the utility owners.
• Undergrounding of aerial utilities is not anticipated.
Deliverables
• File copies of all environmental documents.
• Copies of the final right of way file.
• Copies of all utility correspondence.
• 90% review submittal with Plans, Specifications, and Estimate (5 copies).
• Final Plans, Specifications and Estimates (10 copies half size, 2 copies full size).
• .pdf upload of Bid Documents to bxwa.com.
City of Tukwila
Interurban Avenue 5 Page 3 of 3
KPG, Inc.
January 8, 2013
161
162
EXHIBIT A -1
ATTACHMENT 1
ENVIRONMENTAL Documentation AND PERMITTING
Interurban Avenue Reconstruction
The City of Tukwila is planning to reconstruct a section Interurban Avenue. This Scope
of Work is intended to complete the NEPA documentation and federal permitting for the
project. It is anticipated that the following environmental documentation will be
required:
• Section 106 Documentation
• Biological Assessment
• Environmental Justice
• Hazmat Memo
• Environmental Classification Summary
• Hydraulic Project Approval
• Shoreline Permit
106 Report (Cultural and Historic Resources)
This work would include the preparation of the Section 106 report in accordance with the
State Historic Preservation Office standards and guidelines. The work will include the
following subtasks.
1. Pertinent literature on the archaeology, ethnography, and history of the project
area will be reviewed to determine the existence of archaeological sites and to
refine the probability of archaeological resources and traditional cultural places in
the project areas.
2. Widener will maintain contact with the local tribes through WSDOT for any
information on historic Indian use of the project area.
3. A systematic field reconnaissance will be conducted to identify previously
recorded and /or unrecorded archaeological sites for the proposed project where
ground- disturbing activities are expected to take place. Field reconnaissance will
consist of the traverse of pedestrian transects at varying intervals, depending on
terrain throughout the proposed project area. Shovel probes (digging a hole with
a shovel) will be excavated, as deep as feasible, and in areas expected to have a
high probability for cultural resources. Shovel probes will be augmented through
auger probes to explore the deepest possible deposits. Shovel probes will be
screened in highly probable areas and in soil matrixes too dense to identify small
chipping debris.
4. All new sites will be mapped, photographed, and recorded on Washington State
Archeological Inventory forms and submitted to the state Office of Archeological
and Historic Preservation (OAHP) for Smithsonian numbers. Every effort will be
made to include Tribal cultural resources personnel in assisting the field effort.
Rights -of -entry will be provided by the City.
163
EXHIBIT A -1
ATTACHMENT 1
Biological Assessment
A Biological Assessment (BA) will be prepared for the preferred alternative in
accordance with WSDOT guidelines. The following subtasks will be undertaken in
preparation of the project BA.
1. Collect available documentation concerning the project activities and pertinent
biological information. Biological information will include priority habitat and
species data from the Washington State Department of Fish and Wildlife along
with rare plant and high - quality ecosystem data from WDNR. This information
will be reviewed and a consultation strategy will be developed.
2. Initiate informal consultation with United States Fish and Wildlife Service
(USFWS) and National Oceanographic and Atmospheric Administration (NOAA)
Fisheries by preparing written requests for lists of endangered, threatened,
proposed, and candidate species.
3. Conduct a field reconnaissance to investigate on -site habitat conditions.
4. Make telephone contact with the appropriate resource agency staff for input on
species occurrence, habitat use, and potential project impacts.
5. Prepare a draft BA addressing listed species, proposed species, candidate species,
species of concern, and critical habitat. The BA will include a project description,
a list of species, a description of the species and their habitat, an analysis of
project effects, and mitigation recommendations.
6. Provide the draft BA to the City for review and approval.
7. Revise the BA, as appropriate, and submit the final BA to USFWS and NOAA
Fisheries for their review, possible negotiation of mitigation measures, and
concurrence.
8. Concurrent with Endangered Species Act (ESA) consultation, the Consultant will
coordinate with NOAA Fisheries to meet Essential Fish Habitat (EFH)
requirements under the Magnuson- Stevens Fishery Conservation and
Management Act (MSA), as amended 1996. In doing so, the Consultant will
provide NOAA Fisheries with the BA and a cover letter requesting the initiation
of consultation, stating the effect determination(s), reasoning behind them, and
proposed mitigation measures if any.
9. If NOAA Fisheries responds with advisory EFH conservation recommendations,
the Consultant will coordinate with the City and FHWA to jointly discuss the
recommendations.
10. Formally address and respond to NOAA Fisheries' recommendations within the
regulated time frame.
Deliverables
1. Three copies of a draft BA for review by City with accompanying draft special
provisions if required.
164
2. Three copies
FI-IW A/W SD
3. Three copies
for submittal
4. Three copies
comments.
EXHIBIT A -1
ATTACHMENT 1
of a draft BA, incorporating the City's comments, for submittal to
OT.
of a revised draft BA, incorporating comments by FHWA/WSDOT,
to NOAA Fisheries and USFWS.
of a final BA that incorporates NOAA Fisheries and USFWS
Environmental justice Survey
Services required to complete an Environmental Justice (EJ) analysis includes the
following main components:
1. Collecting demographic data for the project area using local data sources and the
US Census Data.
2. Identifying any environmental justice populations in the area (minority or low -
income populations).
3. Review public outreach activities to ensure potential EJ populations are offered an
opportunity to participate in project planning and decision - making.
4. Identifying any potential disproportionate effects to EJ populations from project
activities and identifying how impacts could not be avoided or minimized and
what mitigation measures could be implemented.
Deliverables
1. Three copies of the draft EJ documentation will be provided.
2. Three copies of the final EJ documentation will be provided incorporating City
comments.
3. Three copies of the final EJ documentation will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA
comments will not alter the basic conclusion of the documentation or require
further alternative studies.
Hazardous Materials Memo
A Hazardous Materials Memo will be prepared to evaluate the presence, or likely
presence, of potential hazardous substances within the physical limits of the project that
would have an effect on the overcrossing project. Sites with potential for environmental
issues /impacts include those that indicate current or past uses as service stations, battery
shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or
chemical storage tanks or drums present; or those with strong pungent or noxious
odors. The scope of services for this study will include
1.
A review of the results of a federal, state, and local environmental database
search provided by an outside environmental data service for listings of known
or suspected environmental problems at the sites or nearby properties within the
search distances specified by WSDOT.
165
EXHIBIT A -1
ATTACHMENT 1
2. A review of historical aerial photographs, fire insurance maps, city directories,
chain -of -title reports, and tax assessor records, as available and appropriate, to
identify past development history on the parcels relative to the possible use,
generation, storage, release, or disposal of hazardous substances. An attempt to
identify uses of the sites from the present to the time that records show no
apparent development of the site, or to 1940, whichever is earlier.
3. Conduct of a visual reconnaissance of the parcels and adjacent properties to
identify visible evidence of potential sources of contamination. .
4. A letter report that will summarize the results of this study. The letter report will
briefly discuss the project activities and include a table ranking the parcels (low,
moderate, high) by their potential for contamination from either on -site or off -
site sources. A draft letter report will be provided for review and comment.
Upon receiving comments, the letter will be modified as appropriate and made
final.
Deliverables
1. Three copies of the draft Hazmat Memo will be provided.
2. Three copies of the Hazmat Memo will be provided incorporating City
comments.
3. Three copies of the final Hazmat Memo will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA
comments will not alter the basic conclusion of the documentation or require
further alternative studies.
Environmental Classification Summary
Services will be provided to prepare the Environmental Classification Summary (ECS)
form by reviewing technical reports related to the project, applying project - specific data
to the form and coordinating approval for the project by both WSDOT and FHWA.
Deliverables
1. Three copies of the draft ECS will be provided.
2. Three copies of the final ECS documentation will be provided incorporating City
comments.
3. Three copies of the final ECS documentation will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA
comments will not alter the basic conclusion of the documentation or require
further alternative studies.
166
EXHIBIT A -1
ATTACHMENT 1
Permits
Widener will assemble and organize all necessary environmental permit applications to a
standard acceptable by the permitting agencies. Anticipated permits include the
following:
1. Shoreline Permit
2. HPA Permit
Permit applications shall include all requested information, such as application forms, all
necessary permit drawings, an attachment describing project location, project purpose
and need, alternatives considered, and a summary of project impacts. The Consultant
Widener shall also provide a draft transmittal :letter for submittal of the application by the
CITY. Draft applications, including supporting information, shall be submitted to the
CITY for review and comment. Revised permit applications shall be provided to the
CITY for signature and submittal to permitting agencies. The Consultant shall perform
the necessary coordination to obtain the permits.
Project Schedule:
It is anticipated the NEPA approval will be obtained by March 1`" of 2013 and the
necessary permits will be completed May 1st of 2013
167
168
EXHIBIT A -1
ATTACHMENT 2
STATEMENT OF WORK
EXECUTIVE SUMMARY
This proposal is prepared for KPG to provide turnkey right -of -way acquisition services for the proposed street improvement
project titled Interurban Ave South Street Improvements. These services will be furnished in accordance to the state and federal
laws, the FHWA regulations, the Local Agency Guidelines Manual, and the Washington State Right of Way Manual (M26 -01).
The overall right -of -way acquisition objectives are:
1. As Agent for the City of Tukwila, negotiate for right -of -way strips in fee and temporary property rights.
2. As Agent for the City of Tukwila, determine property values for each parcel requiring fee or permanent easement rights
3. As Agent for the City of Tukwila, assist the City of Tukwila with the acquisition process, certification, and preparation of
forms.
A specific list of Performance Objectives is outlined in the following paragraphs.
CURRENT SITUATION
The City of Tukwila is proposing to widen Interurban Ave South. The properties involved in this proposal include those properties
situated adjacent to the road. A cursory search identifies 28 parcels in the project area and the owners are identified in Exhibit A.
SPECIFIC OBJECTIVES
The key objectives for this project include:
1. Inspect and prepare a Preliminary Survey Report for each parcel;
2. Identify fee interest ownership for each parcel;
3. Prepare and setup acquisition files for each parcel;
4. Prepare or obtain 5 administrative offer summaries and 4 appraisals and review appraisal reports;
5. Prepare WSDOT approved acquisition forms needed to obtain property rights. This proposal does not include
condemnation forms;
6. Negotiate and assist in obtaining signatures from all parties in fee title: (28) Parcels; 3 attempts for each parcel;
7. Prepare justification reports for administrative settlements — (3) Parcels;
8. Maintain diaries for each parcel — 28 parcels;
9. Assist in obtaining clear title of property and /or property rights, which the City of Tukwila determines to be reasonable or
will adversely impact the rights being acquired — (9) parcels;
10. Assist in delivering funds to the property owners — (9) parcels; and
11. Deliver completed files to the City of Tukwila — (28) parcels.
PROJECT SCOPE EXCLUSIONS
1. Those services related to obtaining releases of encumbrances from title, which require legal action;
2. The actual filing of condemnation and subsequent litigation;
3. Certain closing costs such as transfer taxes, title reports, recording fees, penalty costs for pre - payments cost of a
pre- existing mortgage, partial reconveyance fees, the pro rate share of real property taxes paid subsequent to
vesting title to the City;
4. Relocation Services;
5. Continuing negotiations for those parcels listed for condemnation;
6. Appraisal and review for condemnation purposes and for additional reports; and
7. Legal descriptions.
169
EXHIBIT "A"
170
1. 1332500000
2. 3597000461
3. 3597000420
4. 3597000446
5. 3597000445
6. 3597000447
7. 3597000440
8. 3597000022
9. 3597000021
10. 359700023
11. 3365901365
12. 3365901370
13. 3365901390
14. 3365901395
15. 3365901400
16. 3365901405
17. 3365901415
18. 3365901420
19. 3365901425
20. 2954900420
21. 0003200009
22. 3597000006
23. 0003200006
24. 3365901630
25. 3365901605
26. 3365901570
27. 002800013
28. 0002800007
Canyon Estates Condos
Maple Crest Apartments
MVM Partners
Bogovich, Mele
Bogovich, Mele
Bogovich, Mele
Kim, Jae U
QWEST Corp (Century Link ?)
Hillcrest Tukwila LLC
Teamsters Building Assoc
Teamsters Building Assoc
Two Brothers LLC
Red House Properties LLC
Metro Land Development Inc
Metro Land Development Inc
Metro Land Development Inc
Segale Properties LLC
Maschmedt, Anthony & Abbey
Baum, Pamela J
Bain & Wells
Schneider, Lyle D
Schneider, Lyle D
Krussel, Robert H & Arlene C
Sanft, Louie AOS
Sanft, Louie
Sanft, Louie
Magellan Creek Partners LLC
Knudson, Jerry
Exhibit D -3
Payment (Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
I. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made
part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month
period and shall be subject to negotiation for the following twelve (12) month period upon request
of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or
subsequent twelve (12) month periods within ninety (90) days after completion of the previous
period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the
AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead,
and fee. The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
2. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel,
printing, long distance telephone, supplies, computer charges and sub - consultant costs.
a.
Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205 -46 "Travel Costs."
b. The billing for Direct Non -Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT.
c.
The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to
provide the Agreement Administrator with the flexibility to authorize additional funds to the
AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional
work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing
and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the
heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown
in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be made in accordance with
Section XIV, "Extra Work."
DOT Form 140 -089 EF Exhibit D -3
Revised 3/09
171
4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of
this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount
Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not
include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum
amount payable is guaranteed under this AGREEMENT.
5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs
authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for
hours expended at the rates established in Exhibit "E ", including names and classifications of all
employees, and billings for all direct non -salary expenses. To provide a means of verifying the
billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee
interviews. These interviews may consist of recording the names, titles, salary rates, and present
duties of those employees performing work on the PROJECT at the time of the interview.
6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit, all required adjustments will be made and reflected in a final
payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT
has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception: if any litigation, claim or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three (3) year period, the cost records and accounts
shall be retained until such litigation, claim, or audit involving the records is completed.
172
HOUR AND FEE ESTIMATE
Project: City of Tukwila
Interurban Avenue S - Fort Dent Way to S 143rd Street
EXHIBIT E -2
KPG
• Architecture •
Landscape Architecture
• Civil Engineering •
Task
Description
Labor Hour Estimate
Total Fee
Project
Manager
$ 165.00
Senior
Engineer
$ 143.58
Project
Engineer
$ 114.85
Design CAD
Engineer Technician
$ 100.49 $ 83.65
Const
Inspector
$ 94.10
Survey
Crew
$ 139.01
Senior
Admin
$ 100.49
Office
Admin
$ 58.11
Fee
Task1 - Mane emenUcoordination /administration
1.1 Management and administration (estimate 6 months)
16
0
0
0
0
0
0
6
16
$ 4,172.69
1.2 QA/QC reviews
16
16
0
0
0
0
0
0
0
$ 4,937.30
Reimbursable expenses - see breakdown for details
4
8
12
0
8
0
0
2
0
$ 100.00
Task Totals
32
16
0
0
1 0
1 0
0
6
16
$ 9,209.99
Task 2 - Prepare Final Plans, Specifications, and Estimate
2.1 Prepare 90% Plans and Draft TIR
16
100
160
200
240
0
0
0
16
$ 76,477.29
2.2 Prepare Final Plans and TIR
20
80
120
180
200
0
0
0
20
$ 64,548.35
2.3 Structural coordination
4
8
12
0
8
0
0
2
0
$ 4,057.04
2.4 Project Cost Estimates
4
8
12
12
10
0
0
0
0
$ 5,229.22
2.5 Project Specifications
8
24
40
24
0
0
0
0
8
$ 12,236.69
2.6 Utility Coordination
4
16
40
16
24
0
0
0
8
$ 11,631.64
2.7 Bid Period Support
4
4
16
8
8
0
0
0
8
$ 5,009.94
Reimbursable expenses - see breakdown for details
$ 30,700.00
Task Total
60
240
400
440
490
0
0
2
60
$ 209,890.16
Task 3 - Environmental Documentation
3.1 Environmental coordination and support
Reimbursable expenses - see breakdown for details
Task Total
0
24
0
24
0
0
2
8
4
0
24
0
24
0
0
2
8
$ 6,089.84
$ 54,150.00
S 60,239.84
Task 4 - Right of Way Acquisition
4.1 Prepare Right of Way Plans
2
8
40
24
40
0
8
0
0
$ 12,942.46
4.2 Prepare Legal Descriptions and Exhibits
0
8
40
16
20
0
0
0
8
$ 9,488.40
4.3 Right of way coordination and support
4
24
40
0
20
0
0
2
8
$ 11,038.86
Reimbursable expenses - see breakdown for details
$ 96,300.00
Task Total
6
40
120
40
80
0
8
2
16
$ 129,769.72
Total Estimated Fee: $ 348,869.87
1/7/2013
HOUR AND FEE ESTIMATE EXHIBIT E -2
Project: City of Tukwila
Interurban Avenue S - Fort Dent Way to S 143rd Street
KPG
• Architecture •
Landscape Architecture
• Civil Engineering •
Reimbursable Breakdown Cost
Task1 - Management/coordination /administration
Mileage $ 50.00
Reproduction $ 50.00
Task 1 - Total $ 100.00
Task 2 - Prepare Final Plans, Specifications, and Estimate
Structural Support - CivilTech $ 23,000.00
Geotechnical Allowance - Landau Associates $ 6,000.00
Mileage $ 200.00
Reproduction $ 1,500.00
Task 3 - Total $ 30,700.00
Task 3 - Environmental Documentation
Environmental Documents - Widener & Associates $ 54,000.00
Mileage $ 50.00
Reproduction $ 100.00
Task 3 - Total $ 54,150.00
Task 4 - Right of Way Acquisition
Right of Way - Abeyta & Associates $ 96,000.00
Mileage $ 100.00
Reproduction $ 200.00
Task 4 - Total $ 96,300.00
Total Reimbursable Costs: $ 181,250.00
1/7/2013
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Wiclener & Associates - Environmental Documentation
Abeyta_& Associates - Right of Way Services
CivilTech— Structural Engjneering Services
Landau Associates - Geotechnical Services
DOT Form 140 -089 EF Exhibit G
Revised 6/05
175
Exhibit G -2
Environmental
Cost Estimate
City of Tukwila
176
A
triterud.rmr Avt'rrue
C
D
E
1
Project
Manager
Project
Biologist
2
Hours
Hours
3
4
Biological Assessment
5
Draft
24
100
6
Final
12
24
7
WSDOT Review
4
8
8
9
Section 106 report
10
APE Coordination
8
8
11
Draft
4
8
12
Final
4
8
13
14
Environmental Justice
15
Draft Report
8
24
16
Final Report
4
12
17
18
Environmental Classification Summary (ECS)
19
Draft
4
12
20
Revise Draft
2
4
21
Final/WSDOT Approval
4
4
22
23
Hazmat Memo
24
Draft
16
40
25
Final
4
16
26
27
Permits
28
HPA Application Draft
12
24
29
HPA Application Final
8
12
30
Shoreline Permit Draft
16
16
31
Shoreline Permit Final
8
4
32
33
Total hours
142
324
34
35
Summary
Hours
Rate
Cost
36
Project Manager
142
$140.00
$19,880.00
37
Project Biologist
324
$86.80
$28,123.20
38
39
Total Labor
$48,003.20
40
41
Cultural Resources Report
$5,500
42
43
TOTAL ESTIMATED COST
$53,503.20
44
45
46
47
48
49
176
Prepard for: KPG, Inc
m 1: Project Administration
Prop Mgt
sct+ -7 /3 /T 6 - 2
Proposal
Interurban Ave South Street Improvement Project
Admin
PM / Sr.
Acq Agent
Acq Agent
SR
Acq Agent
Title
REO Escrow
Total
Coord w /City of Tukwila & KPG
0
0
20
0
0
0
0
0 752
20
Certification Assistance -
0.00
75,200.00
8
0
0
0
0$ 75,200.00
8
Clerical -
0
Contract Admin -
5
5
Administrative Offer Summaries /PFE
50
50
Progress Reporting -
10
10
Project Funding Estimate
n/a
0
Coord w /Subconsultants -
4
4
Hours:
Direct Labor $:
0
0
97
0
0
0
0
0
97
0.00
9,700.00
0.00
$ 9,700.00
Item 2: Right -of -Way Acquisition
Title & App Rev-
84
84
Pre - Offer /File Setup
119
119
Negotiations - 28 Parcels
275
275
Clearing Title -
98
98
Condemn Support -
n/a
0
Data /file maintenance & delivery
79
79
Hours:
Direct Labor $:
0
0
655
0
0
0
0
0
655
0.00
65,500.00
0.00
$ 65,500.00
Direct Labor Totals:
Hours:
0
0
752
0
0
0
0
0 752
Dollars:
0
0.00
75,200.00
0.00
0
0
0
0$ 75,200.00
Per Parcel Breakdown:
19 ROE Acquisitions
4 - Fee Takes w /Appraisals
5 - Fee Takes and/or Easement w /AOS Reports
1 - PFE
Abeyta Associates
11/13/2012
Direct Salary Cost:
$ 75,200.00
Direct Labor Rate:
Audited Overhead Rate:
Profit:
Composite Multiplier:
n/a
n/a
n/a
*Total Labor Fee: $ 75,200.00
Expenses:
Review Appraisals (4) $ 4,000.00
Appraisals (4) $ 13,600.00
Mileage /Travel $ 2,023.00
Reprographic, Copy, & Printing $ 250.00
Couriex Overnight Postage $ 300.00
Subtotal: $ 20,173.00
*TOTAL $ 95,373.00
Pagel
PROJECT FEE ESTIMATE
KPG
City of Tukwila - Interurban Avenue Roadway Widening
Structural Engineering Services
ri CIVILTECH
WORK
DESCRIPTION
PERSONNEL AND HOURLY RATES
IELIIIMMIIIIMIIIIEMMISETIETS
551.00 $39.10 S33.25
50
Total
Hours
Direct
Salary
Cost
OH
152.36%
FF
10.00%
DSC +OH
All Inclusive
Hourly Rate
_
50
Total
TASK 100- BIOLOGICAL. ASSESSMENT SUPPORT
12
0
0
12
$612.00
5932.44
$154.44
51,698.89
Site Visit
3
3
$153.00
Technical Support
6
6
$306.00
Review Biological Assessment Report
3
3
5153.00
TASK 210- 90 % SUBMITTAL (UPDATE SET, 12128 /2012)
13
96
36
145
35,613.60
58,552.85
$1,416.65
515,583.13
Design Supervision & OC
13
13
5663.00
Engineering
Design Luminaire -to- Soldier Pile Connection
16
16
$625.60
Re -design Selected Soldier Pile to Support Luminare
8
8
$312.80
General Review of Design Calculations 6 Other Design Updates
16
16
$625.60
Drawings
Update Wall Plan & Profile (i.e., OHWM, Ex & new Grnd lines, & others)
8
8
16
$578.80
Add Soldier Pile Schedule
4
8
12
5422.40
Add Luminaire -to- Soldier Pile Connection Details
8
8
16
$578.80
General Review of Drawings & Other Drawing Updates
16
12
28
51,024.60
Update Cost Estimate
8
8
5312.80
Update Special Provisions
8
8
5312.80
Assemble Calculaien Booklet
4
4
5156.40
TASK 220 - 100% SUBMITTAL (FINAL SET, 21112013)
4
28
8
40
91,564.80
92,384.13
9394.89
54,343.82
Design Supervision & OC
4
4
5204.00
Respond to Comment Worksheet
8
8
$312.80
Update Drawings per Comments
16
8
24
$881.60
Update Special Provisions, Estimate, & Cale Booklet per Comments
4
4
$156.40
TASK 230- BID SET SUBMITTAL (2/28 /2013)
2
6
3
11
5436.35
5664.82
$110.12
91,211.29
Design Supervision & OC
1
1
$51.00
Finalize Plans, Special Provisions, Calculations & Estimate per Comments
4
2
6
5222.90
Sign Plans, Special Provisions, & Calculations
1
2
1
4
5162.45
DIRECT EXPENSES
$33.30
Total Lobar
31
130
0
0
47
0
208
68,226.75
512,534.26
$2,076.10
522,870.43
Direct Expenses
Reproduction
50
Mileage @ $0.555 /mi. (2 trip @ 30 miles)
$33.30
Parking (0 trip @ 518)
50
Fed /Ex /Courier
50
Total
$33.30
12/4/2012
178
Cost Estimate Summary
Direct Salary Cost (DSC)
$8,226.75
Overhead @ 152.36% x DSC
512,534.28
Fixed Fee @ 10% x (DSC + OH)
$2,076.10
Direct Expenses
533.30
Grand Total
522,870.43
Interurban Ave Widening Fee Estimate (2012.12.04).x Is,/
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non- discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non- discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and /or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -089 EF Exhibit H
Revised 6/05
179
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
180
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit 1
Revised 6/05
181
182
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential
design error(s). For federally funded projects, the Region Highways and Local Programs Engineer
should be informed and involved in these procedures. (Note: The Director of Public Works or Agency
Engineer may appoint an agency staff person other than the project manager, who has not been as
directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
•
DOT Form 140 -089 EF Exhibit J
Revised 6/05
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
183
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Highways and Local Programs Engineer to H &LP for their review and consultation with
the FHWA. H &LP will meet with representatives of the agency and the consultant to review the
alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will
request assistance from the Attorney General's Office for legal interpretation. H &LP will also
identify how the alleged error(s) affects eligibility of project costs for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
184
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the
agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the
request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars; overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6/05
185
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
Any correspondence that directed the consultant to perform the additional work;
Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim
(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit.
186
Exhibit L
(To Be Used Only If Insurance Requirements Are Increased)
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal
Relations and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits
in the amount of $
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self - insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self - insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those
funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to
the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the
additional professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
DOT Form 140 -089 EF Exhibit L
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Exhibit M -1(a)
Certification Of Consultant
Project No.
Local Agency
I hereby certify that I am and duly authorized
representative of the firm of KPG whose address is
and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
(c)
Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
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190
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any fine or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(b)
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192
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application /proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
IL Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): KPG
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -2
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194
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $1 00,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): KPG
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
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196
Exhibit M -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 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of *
are accurate, complete, and current as of * *. This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm KPG
Name
Title
Date of Execution * **
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
** Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
* ** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140 -089 EF Exhibit M -4
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TRANSPORTATION COMMITTEE - Meeting Minutes
January 15, 2013 — 5:00 p.m. — Conference Room #1
City of Tukwila
Transportation Committee
PRESENT
Councilmembers: Kate Kruller, Chair; Joe Duffle and Dennis Robertson
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, David Cline, and Gail Labanara
CALL TO ORDER: The meeting was called to order at 5:07 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2013 Transportation Work Plan
The 2013 Work Plan for the Transportation Committee was presented. The new project for ADA
Improvements will include the TIB mid -block crosswalk improvements. Kate will be the SCATBd
representative and will update the Committee and Council on the regional transportation issues along
with Bob. Joe suggested that guardrails along 42nd Ave S near the Community Center be considered as
an item for consideration as we have had recent issues with vehicles entering the Duwamish and Green
River. Bob will look at accident reports, engineering standards, and potential cost estimates and return
to Transportation Committee.
B. Overlay and Repair — East Marginal Way S Project
Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc for the design of
the Overlay and Repair of East Marginal Way South from South 81st Place to Norfolk Street in the
amount of $124,978.05.
KPG was selected for the design of the 2013 Overlay and Repair Program and their contract was
approved by Council on November 5, 2012. The East Marginal Way portion was originally scheduled
in the 2013 Overlay & Repair Program, however with the award of federal grant funds, a separate
contract is now needed to be processed with KPG. Joe requested that we might include a field trip when
the project is completed and Kate inquired on the timeline of the construction, which is estimated for
July through October, 2013. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22
CONSENT AGENDA.
C. Consultant Agreement: Interurban Avenue South
Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc for the final
design of the Interurban Ave S Street Improvement Project from South 143`d St to Fort Dent Way in the
amount of $348,869.87.
KPG completed 90% of the design and additional work is necessary to complete the design before
construction can be advertised for bid. A budget discussion included the reduction in grant funding and
the Public Works Trust Fund loan. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22
CONSENT AGENDA.
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