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HomeMy WebLinkAboutContract CAG-09-077 Consultant/Address/Telephone Local Agency Berger/Abam Engineers, Inc. Standard Consultant 33301 Ninth Ave South, Suite 300 Agreement Federal Way,WA 98003-2600 ®Architectural/Engineering Agreement ❑Personal Services Agreement 206.431.2300 Agreement Number Project Title And Work Description Update Project Definition Report for Strander Blvd Federal Aid Number SW 27th St Corridor Improvements. Initial effort to assess impacts of Concept UN 2A on franchise businesses at the NE and SE corners of Agreement Type(Choose one) Strander Blvd/West Valley Highway intersection ®Lump Sum Lump Sum Amount $ 14,000.00 ❑Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate % ❑Yes ®No % Overhead Cost Method Federal ID Number or Social Security Number ❑Actual Cost 91-1422812 Do you require a 1099 for IRS? Completion Date ❑Actual Cost Not To Exceed % ❑Yes ®No December 31, 2009 ❑Fixed Rate % Fixed Fee $ ❑Specific Rates Of Pay Total Amount Authorized $ 14,000.00 ❑Negotiated Hourly Rate Management Reserve Fund$ ❑Provisional Hourly Rate 14,000.00 Maximum Amount Payable$ ❑Cost Per Unit of Work Index of Exhibits Exhibit"A"-Scope of Work Exhibit`B"-DBE Participation Exhibit"C"-Electronic Exchange of Engineering and Other Data Exhibit"D"-Payment(by Agreement Type) Exhibit"E"-Consultant Fee Determination - Exhibit"F"-Breakdown of Overhead Cost Exhibit"G"-Subcontract Work/Fee Determination 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"U'—Liability Insurance Increase Exhibit"M"—Certification Documents THIS AGREEMENT,made and entered into this /70 day of 2009 , between the Local Agency of City of Renton ,Washingt n,hereinafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 6/05 uT F. 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 ofperformance 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. IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT..The need for a post audit will be determined by the State Auditor,WSDOT External Audit Office and/or'at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. - - The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without_prior . written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub-contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the.WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide. employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee, commission,percentage,brokerage fee,.gift,or any other consideration,contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this. AGREEMENT without liability or,in its discretion;to deduct from the AGREEMENT price or consideration.or.. .- - otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a Page 3 of 8 third party as a consequence of any accoomission on the part of the CONSULTANT'S ear iployees 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. I VIII Nondiscrimination During the performance of this contract,the CONSULTANT,for itself,its assignees,and successors in interest agrees regulations: to comply with the following laws and re g i Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) - I 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 c with t the actual In such an event,the amount to be pai shall be determined by the AGENCY consideration given o 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. - a Page 5 of 8 0 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 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment',hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit "M-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions,Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over $100,000 and Exhibit"M4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect`The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties h`, -,o have executed this AGREEMENT as of1fday and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By By 21100*4� 81 1 If ,V , Consultant Berger/Abam Engineers, Inc. Agency Admi strator, City of Renton i DOT Form 140-089 EF Revised 6/05 Page 8 of 8 Exhibit A-1 Scope of Work Project No. Scope, Schedule, and Fee are outlined in the Proposal Letter dated April 13, 2009 (attached)_ Documents To Be Furnished By The Consultant Deliverables are outlined in the Proposal Letter dated April 13,2009 attached) DOT Form 140-089 EF Exhibit A-1 Revised 6/05 BERGER/ARAM ENGINEERS INC. PLANNING 33301 Ninth Avenue Federal Way,Washington 98003'260000 E N G I N E E R I N G BERGERIABAM ENVIRONMENTAL 206/431.2300 - FAX 206/431.2260 E N G I N E E R S I N C. PROGRAM MANAGEMENT www.abam.com 13 April 2009 Mr. Robert M.Hanson,PE Transportation Design and Construction Section City of Renton 1055 S Grady Way—5th Floor Renton,WA 98057 Subject: Strander Project Consultant Selection and Scope,Schedule, and Fee Proposal for Assessing Initial Effort to Assess Effects on Jack-in-the-Box and Taco Bell on Undercrossing Construction with UPRR Track Remaining in Place Dear Bob: Thank you for your 8 April 2009 e-mail notifying us that BERGER/ABAM was selected to be the consultant for City-of Renton and the City of Tukwila to update the project definition report for this project. The purpose of this letter is to extend our thanks to members of the consultant selection panel and to provide a scope,schedule, and fee for the initial effort to assess the effects on Jack-in-the-Sox and Taco Bell on the undercrossing construction with UPRR tracks remaining in place. PRELIMINARY ASSESSEMENT OF EFFECTS ON JACK-IN-THE-BOX AND TACO BELL BUSINESSES Our preliminary assessment of issues with these businesses is as follows. 1. Currently,both businesses have right in and right out to their properties from West Valley Y a b P P Highway. Both businesses also have driveways exiting and entering onto the dead-end extension of Strander Boulevard to the east of West Valley Highway. The business in the southeast coiner of the intersection has two driveways onto Strander. These driveways are used by business traffic that wishes to leave these businesses and travel southbound on West Valley Highway. 2. The Strander undercrossing project will convert Strander Boulevard into a four-lane east- west arterial between Oaksdale Avenue SW (eventually.SR 167) and West Valley Highway and South Center. This construction will require that a left-turn pocket be provided on Strander at West Valley Highway for westbound to southbound traffic. Therefore, the minimum roadway section at this intersection between these two businesses will be a five- lane roadway,plus two sidewalks. It may also be desirable to provide a right slip lane for westbound to northbound traffic. Mr.Robert M. Hanson,PE 13 April 2009 Page 2 3. The proximity of these business driveways to the Strander/West Valley Highway intersection will make it unlikely that a left-turn movement out of these driveways onto Strander Boulevard can be provided/maintained. The desirability of allowing right-turn movements out of these driveways will be an issue. On the South 180th Street Grade Separation project,the left-turn pocket and associated tapers at the intersection with South 180th Street and 72nd Avenue S extended about 300 feet from the stop bar. 4. The profile shown in the project definition report indicates that the roadway grade will be about 6 feet lower than existing at the easternmost driveways. This will require a steep driveway or regrading of the parking area to maintain this connection to Strander Boulevard. Also, as stated above,this connection will only permit right-turn movements out of these driveways. ASSUMPTIONS 1. The Strander roadway section at the intersection with West Valley Highway will be two 6-foot sidewalks plus 0.5-foot curbs and five 11-foot lanes, for a total section width from back of sidewalk to back of sidewalk of 68.0 feet. An additional right-turn slip lane may also be provided. No traffic modeling will be done to verify this lane configuration. 2. The Strander roadway section at the UPRR Bridge will be two 6-foot sidewalks plus 0.5-foot curbs,two 15-foot outside lanes, and two 11-foot inside lanes,for a total roadway section width from back of sidewalk to back of sidewalk of 65.0 feet. 3. Design speed will be 35 mph. 4. Maximum roadway vertical grade will be 8 percent. 5. The base map provided by Perteet Engineers at the request of the City accurately reflects existing conditions. SCOPE We propose to assess these effects as follows. 1. Review the base map drawing that we received from Perteet Engineers in the field. 2. Research the Tukwila GIS and/or property surveys to determine the extent of right-of-way at this intersection. 3. From the Project Definition Report, determine the location of any major utilities in the affected axea. No new utility records or other research will be done. Mr.Robert M.Hanson,PE 13 April 2009 Page 3 4. Confirm that the profile shown in the Project Definition Report provides adequate clearance beneath the UPRR tracks. Define this profile mathematically. 5. Using flimsy and pencil, develop plan sketches,longitudinal sections, and cross sections to define the effects of the undercrossing on these two businesses located at the northeast and southeast corners of Strander and West Valley Highway. Develop potential solutions to mitigate these effects. 6. Meet with City staff to discuss findings and potential solutions to mitigate these effects. Prepare agenda for and meeting notes from this meeting. 7. Develop a brief written report incorporating above work and appropriate results from above meeting into a draft report. This draft report will include narrative and copies of pencil plan and section sketches developed for this assessment. No CAD sketches or drawings will be included in the report. . s. Receive City comments on draft report. Comments regarding potential new mitigation solutions will be filed,but will not be included into fugal report. Comments from the City will be provided in two weeks. 9. Develop final report. Submittal of this report will conclude these services. SCHEDULE The schedule for this effort is 42 calendar days. This time period is defined as follows. ■ NTP—Day 0 ,o Meet with City—Day 14 • Submit Draft Report—Day 21 • Receive Comments from City—Day 35 • Submit Final Report—Day 42 FEE The fee for this assessment will be$14,000 (TBD)paid on a lump-sum basis. The payment will be due after submittal of the final report and receipt of invoice for these services. I TERMS AND CONDITIONS Terms and conditions will be mutually agreeable to the City of Renton and to BERGER/ABAM and will be in general accordance with terms and conditions for other City of Renton agreements with BERGER/ABAM. i i Mr. Robert M. Hanson,PEO 13 April 2009 Page 4 It is our understanding that the City of Renton will develop an agreement for these services based upon this proposal. Please contact us with any further questions. Sincerely, es S. Guarre,PE,SE Project Manager JSG:kjr Exhibit D-1 Payment (Lump Sum) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT 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 specified in Section II, "Scope of Work."The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. The estimate in support of the lump sum amount is attached hereto as Exhibit"D"and by this reference made part of this AGREEMENT. A. Lump Sum Agreement: Payment for all consulting services for this PROJECT shall be on the basis of a lump sum amount as shown in the heading of this AGREEMENT. 1. 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." 2. 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. B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for reimbursement of costs on a monthly basis. 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 rate,and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent 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,pFior 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. DOT Form 140-089 EF Exhibit D-1 Revised 6/05 The payment of any bi ing 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. D. 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. Exhibit 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 I Revised 6/05 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 in 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. • 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 DOT Form 140-089 EF Exhibit J Revised 6105 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. 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'arid 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 6105 If the Agency does n �a agree with the consultant's claim,proceedtep 3 of the procedures. g Y 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. Exhibit M-1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am CCU 4 �,e S kd eY;' and duly authorized representative of the firm of Berger/Abam Engineers, Inc. whose address is 0"^ 4fn 0't i-eckea(-4 ()c�A,to A g 9 063 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 (c) Paid, or agreed to pay,to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee, contribution,donation,or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); 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 c. il. .q - i5-09 Date Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 • 0 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I. 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. II. 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): Berger/Abam Engineers, Inc. -OG (Date) I ( ignature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05