HomeMy WebLinkAboutThe Transpo Group Inc AG-C-264
Local Agency
Standard Consultant
Agreement
Agreement Number
AG-C-264
Federal Aid Number
PENDING
Agreement Type (Choose one)
o Lump Sum
Lump Sum Amount $
~ Cost Plus Fixed Fee
Overhead Progress Payment Rate 204.09 %
Overhead Cost Method
o Actual Cost
o Actual Cost Not To Exceed %
o Fixed Rate
Fixed Fee $ 14.694.93
o Specific Rates Of Pay
o Negotiated Hourly Rate
o Provisional Hourly Rate
o 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-2" - Payment (Cost Plus a Fixed Fee)
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 "L" - Liability Insurance Increase
Exhibit "M" - Certification Documents
A3.fCo.,
ConsultanU AddresslT elephone
The Transgo Group Inc.
11730 118 Ave NE, Suite 600
Kirkland, WA 98034-7120
A TTN: Tim Hedges
Project Title And Work Description
M 5t 5E (28th 5t 5E to 37th 5t 5E) - This project will
consist of reconstructing the pavement, repairing and
constructing new sidewalks, and upgrading the existing
storm-drainage trunk line along this 2,200 foot section
of M St SE. This project will also complete the
connection of three dead-end water mains on 3ih St
SE. The Transpo Group Inc. will provide Engineering
Services for the geotechnical analysis, design
engineering, and environmental permitting.
DBE Participation
o Yes ~ No
%
FederallD Number or Social Security Number
Do you require a 1099 for IRS? Completion Date
o Yes ~ No 06/30/2007
Total Amount Authorized $ 219.584.89
Management Reserve Fund $ 15.000.00
Maximum Amount Payable $ 234.584.89
DOT Form 140-089 EF
(Revised 06/05)
Page 1 of 8
THISAGREEMENT,madeandenteredintothis \5~ dayof ~\vu...~ ' _~~~
between the Local Agency of CITY OF AUBURN , Washington, hereinafter calle e "AGENCY" ,and the
above organization hereinafter called the "CONSULTANT".
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.
IfDlMlWBE 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."
DOT Form 140-0a9 EF
(Revised 06/05)
Page 2 of 8
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.
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 CONSULT ANT, but may be
extended by the AGENCY in the event ofa delay attributable to the AGENCY, or because of unavoidable delays caused by an
act ofOOD 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 CONSULT ANT 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 CONSULT ANT 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.
DOT Form 140-0a9 EF
(Revised 06/05)
Page 3 of 8
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 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.
DOT Form 140-0a9 EF
(Revised 06/05)
Page 4 of 8
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the
above formula for payment shall not apply.
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs
incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required
which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the
AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and
the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at
the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the
formula set forth above.
If it is determined for any reason that the CONSULT ANT 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 CONSULT ANT 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.
DOT Form 140-089 EF
(Revised 06/05)
Page 5 of 8
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 (I) 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 CONSULT ANT 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 re'quired, 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.
DOT Form 140-089 EF
(Revised 06/05)
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 ofthis 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 (I) 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 ofthe 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-I(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.
DOT Form 140-089 EF
(Revised 06/05)
Page 7 of 8
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 (I) of this AGREEMENT.
By
[Svt.{ u U (C(~
By
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Consultant
17-v T'rkw. i;1~' t"1"'v'J-.p
. II 1
Agency
Peter B. Lewis. City of Auburn Mavor
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DOT Form 140-089 EF
(Revised 06/05)
Page 8 of 8
Exhibit A
Scope of Services
During the term of this AGREEMENT, The Transpo Group, Inc. (CONSULTANT) will perform
professional services for the City of Auburn (CITY) in connection with the following project:
Project C421A
M STREET SE IMPROVEMENTS
29th Street SE to 37th Street SE
This AGREEMENT has a contract duration that will extend longer than one calendar year. As such, the
CITY will issue a Notice to Proceed with a Not to Exceed compensation for each calendar year,
contingent upon availability of funds. The CONSULTANT will not undertake any work or otherwise
financially obligate the CITY for any calendar year without a duly executed Notice to Proceed.
1. PROJECT DESCRIPTION
The work consists of providing conceptual design; final design; geotechnical engineering; preparation of
environmental documents; and preparation of construction plans, specifications, and estimate of probable
construction cost for a total for approximately 2,200 linear feet of roadway improvements. The
anticipated improvements generally include the following, to be constructed in a single phase:
· Roadway/Channelization: Replace and widen roadway pavement section (curb-to-curb)
approximately 24 to 36 feet. Approximately maintain existing roadway slope and grade to
minimize "edge condition" impacts. The roadway length is approximately 2,200 feet (0.42 mile).
· Curb/Sidewalk: Replace existing curb/sidewalk where required. Provide continuous curbing
(each side). Provide continuous sidewalks (one or both sides). Incorporate traffic calming
amenities, where desired. Compare cement sidewalk versus asphalt pathway alternatives.
· Drainage: Provide new drainage collection and conveyance system for on-site storm drainage
utilizing conveyance calculations provided by the CITY. Provide summary of drainage design to
support environmental process.
· Water: Construct new water main and appurtenances on 37th Street SE within roadway shoulder
to the extent practicable. Extend or provide new fire hydrants on M Street, where applicable.
Relocate or provide new water service connections, where applicable.
· Sewer: CITY will evaluate need(s) for sewer repair. Provide plan/profile for I replacement, if
necessary .
· Overhead Utility: CITY will provide all coordination required. In general, no pole relocations or
undergrounding are anticipated. Identify specific locations where "out of line" poles may require
adjustment to CITY for coordination.
2. RELA TED STUDIES AND PLANS
Related documentation includes:
a. Storm drainage design calculations for M Street, and applicable pond sizing calculations,
CITY of Auburn, 2005.
b. Memorandum on CITY's Traffic Calming Issues, CITY of Auburn (11/16/05).
AG-C- 264 Exhibit A
Scope of Services
Page 1 of 12
M St SE (29th St SE to 37th St SE)
c. SEPA Checklist prepared for infiltration pond at southern project limits (electronic format),
CITY of Auburn, 2005.
3. ASSUMPTIONS
This scope of work is based on the following assumptions:
a. Budget for the project scope is based on a project design schedule of 6 months and project
construction schedule (including bid and award) of 5 months commencing notice-to-proceed.
b. Man-hour estimates assume that one contract bid package will be prepared representing all
work items associated with the project.
c. Applicable CITY of Auburn and/or WSDOT Standard Plans may be included in the Contract
Provisions.
d. CONSULTANT reserves the opportunity to shift budget between work tasks.
e. Analyses, design, plans, specifications, and estimates performed or prepared as part of this
project will be in English units.
f. APW A and CITY of Auburn Drafting Standards will be used.
g. See "Items and Services to be Furnished by CITY" below.
4. ITEMS AND SERVICES TO BE FURNISHED BY CITY
The CITY will provide the following items and services to the CONSULTANT which will facilitate the
work to be undertaken for project. The CONSULTANT is entitled to rely upon the accuracy and
completeness of the data furnished by the CITY:
a. Any pertinent record drawings, plans, reports, and information on the current project and on
public works and/or private projects within the immediate vicinity.
b. Completed survey base maps in AutoCAD and hard-copy format.
c. Completed three-dimensional triangular irregular network (TIN) in AutoCAD fonnat.
d. Existing right-of-way and centerline location/bearings, and applicable survey control points.
e. Base map legend, symbols, and abbreviations.
f. Existing luminaire locations, arm lengths, and heights.
g. Conceptual channelization layouts and/or typical sections considered to date.
h. Traffic, truck, and bus counts as required for pavement design.
I. Storm drainage design calculations for M Street, applicable pond sizing calculations, and
storm drain pipe sizes and slopes (or required design flow rates).
j. Plans and elevations for tie-in to CITY -designed infiltration pond.
k. Memorandum on CITY's Traffic Calming Issues.
1. SEPA Checklist prepared for infiltration pond at southern project limits (electronic format).
m. Contract Provisions (Specifications) "boilerplate".
n. Timely reviews of all work at mutually agreed upon times and consolidation of all review
comments onto one review set prior to return to the CONSULTANT.
o. Field review of proposed improvements with the CONSULTANT.
p. Rights-of-entry upon all lands necessary for the performance of the work, including field
reviews, soil exploration and surveying, if necessary.
AG-C- 264 Exhibit A
Scope of Services
Page 2 of 12
M St SE (29th St SE to 37th St SE)
q. Payment of applicable review and/or permit fees.
r. Utility locates/measure-downs for underground utilities, if necessary.
s. Advertisement for bids.
t. Public involvement coordination and meeting venues.
u. Environmental permit applications, if required.
v. Coordination with franchise utilities.
w. Primary stakeholder coordination.
x. CITY of Auburn electronic CAD standard details, if required.
y. Construction management and construction observation.
5. DESIGN CRITERIA. Reports prepared as part of this scope of work, to the extent feasible, will
be developed in accordance with the latest edition and amendments to the following documents,
as of the date this Agreement is signed:
WSDOT Publications
a. Washington State Department of Transportation/American Public Works Association
(WSDOT/APWA), Standard Specifications for Road, Bridge and Municipal
Construction, 2006 edition and applicable Amendments
b. WSDOT/ APW A Standard Plans for Roads, Bridge, and Municipal Construction
c. Design Manual
AASHTO Publications
d. A Policy on Geometric Design of Highways and Streets
CITY of Auburn Standards
e. Design and Construction Standards
f. Drafting Standards
Other Standards and Publications
g. FHW A and Washington State Department of Transportation, Manual on Uniform Traffic
Control Devices (MUTCD)
h. Washington State Regulations, Accessibility Design for All (ADA)
i. American Water Works Association (A WW A)
6. WORK TASKS
6.1. Project Management and Coordination
Project Management
The CONSULTANT will provide continuous project management and administration of services
under this agreement. The CONSULTANT will provide direction and review the work of the staff
and sub-consultants during the course of the project.
The CONSULTANT will manage the schedule, scope, budget, and quality over the tenn of the
Agreement. Current design budget status, as well as projections, will be developed. Any difference in
the design and construction budget from the original contract amount will be brought to the attention of
the CITY's Project Manager.
AG-C- 264 Exhibit A
Scope of Services
Page 3 of 12
M St SE (29th St SE to 37th St SE)
The CONSULTANT's Project Manager will maintain periodic communication with the CITY's Project
Manager and the CONSULTANT's Project Team via infonnal meetings, telephone discussions,
electronic mail, and fax.
The CONSULTANT's Project Manager will prepare and maintain action item and project change lists
for significant items of work.
Project Schedule & Updates
Upon consultation with the CITY, the CONSULTANT will prepare and maintain a project
schedule using MS Project 2000 to track progress of the deliverables. The project schedule will
be based on the work plan and will show major and support activities.
The CONSULTANT will update the project schedule monthly to clearly indicate progress and
changes.
Monthly Progress Reports & Invoices
Monthly progress reports will be submitted with invoices. The progress reports will summarize
start, finish and percent complete for deliverable tasks during the billing period, percent complete
of overall project elements, and anticipated deliverable tasks for the next month.
The CONSULT ANT will also summarize in the monthly progress reports problems encountered
and actions taken for their resolution, potential future delays, and issues/activities requiring CITY
direction. Any elements that may impact project completion time and cost will be highlighted.
The CONSULTANT will prepare a list of potential commitments and design decisions for the
design file that may be necessary for the design and/or construction of this project.
Monthly invoices for work completed to date will be submitted to the CITY. The invoices will
summarize budget, expenditures and percent expended for deliverable tasks during the billing period,
and percent expended of overall project elements. Invoices will be submitted with the monthly
progress report and follow the guidelines presented in Exhibit C.
Project Coordination Meetings
Project coordination meetings will be conducted on an as-needed basis. The CONSULTANT's Project
Manager and other team members as appropriate will be available to attend project coordination meetings.
Project progress, project risks, potential changes, schedule impacts, cost issues, and regulatory issues may
be discussed. The CONSULTANT will provide the CITY with an agenda for each progress meeting.
Anticipated meetings include the following:
1) Facilitate and attend Project Kickoff meeting at City of Auburn: (1 meeting)
Assume meeting will be attended by Project Manager, Project Engineer, two Design Engineers,
and two sub-consultant representatives.
2) Attend formal plan/document reviews at City of Auburn: (3 meetings)
Assume meetings will be attended by Project Manager and Project Engineer.
3) Facilitate, attend, and document coordination meetings with H&LP at Auburn: (2 meetings)
Assume meetings will be attended by Project Manager and Sub-consultant.
4) Facilitate, attend, and document interactive field review meeting with Auburn staff to assess
condition of existing sidewalks, curbs, and other elements affecting design: (1 meeting)
Assume meeting will be attended by Project Manager, Project Engineer, and Design Engineer.
S) Facilitate, attend, and document project coordination meetings at City of Auburn: (3 meetings)
Assume meetings will be attended by Project Manager and/or Project Engineer.
AG-C- 264 Exhibit A
Scope of Services
Page 4 of 12
M St SE (29th St SE to 37th St SE)
Coordination with Project Stakeholders
The CONSULTANT will provide support to City staff for coordination with "Project Stakeholders"
(Metro; Schools; Post Office; Power) by preparing up to two transmittals of progress drawings/data
for each stakeholder listed herein.
The CONSULTANT will be responsible for preparing a summary of key issues and action items for
all meetings and will supply the CITY with a copy of the summary.
Deliverables: Monthly Progress Reports
Action Items List maintained weekly
Project Schedule - baseline schedule and monthly updates
Progress Meetings - 10 meetings
Provide drawings/data to stakeholders - 2 transmittals each
6.2. Quality Assurance Review
The CONSULTANT will implement quality assurance procedures to ensure that all project
deliverables are subjected to in-house peer reviews prior to submittal to the CITY. These reviews
will be conducted under the direction of the CONSULTANT's Project Quality Assurance
Manager and Project Manager, and will focus on checking the major design elements with respect
to adequacy of response to the specific design challenges, conformance to accepted design
practices, and compliance with the CITY's standards.
A quality assurance check will be used to confirm that the design work and drawing presentation
follows the CITY standards and that the work is of professional quality meeting the customary
standard of care for the type of work in this locale.
The CONSULTANT will include with each submittal a response to the CITY's comments generated
from the previous submittal, with an indication either directly on the redlined set or in memo form of
the actions taken on each comment. The CONSULTANT will verify all CITY comments on previous
submittals have been addressed (or provide written response as to why the changes have not been
made). The CONSULTANT will return with each submittal any agency red lined comments from the
previous submittal.
Deliverables: Quality Assurance Reviews
Response to comments
6.3. Public Involvement
Attend 2 public open house meetings at City of Auburn.
Assume meetings will be attended by Project Manager and Project Engineer.
Provide graphics support ("boards") for each public open house meeting.
Deliverables: Graphic "boards" and meeting attendance - 2 meetings
6.4. Data Collection & Review
AG-C- 264 Exhibit A
Scope of Services
Page 5 of 12
M St SE (29th St SE to 37th St SE)
The CITY will provide the CONSULTANT with all referenced (listed in Work Elements 2 and 4
above, and below) pertaining to this project. The CONSULTANT will review the following:
a. Review City-provided survey base maps in field. Communicate additional survey/base
mapping needs, if any.
b. Review City-provided triangular irregular network (TIN) model. Communicate
additional needs, if any.
c. Review City-provided storm drainage calculations and plan drawings. Communicate
additional needs, if any.
d. Review City-provided traffic traffic-count, truck, and bus data. Coordinate with City
staff to determine appropriate ESAL factors for design of pavement sections and
subgrade.
Assume traffic counts, if needed, will be provided by the City.
Key CONSULTANT project personnel will visit the project site and familiarize themselves with
the site conditions and data collected for the project. The CONSULTANT will obtain
photographs for design reference. The base maps will be field checked by the CONSULTANT
and CITY to ensure complete and accurate representation of existing conditions. The
CONSULT ANT will also field check the design to assure the design fits the conditions in the
field.
After review of the above data, the CONSULTANT will notify CITY of any additional
information or clarification required.
Deliverables: Request/notification for additional information and/or clarifications.
6.5. Geotechnical Engineering
a. Field Preparation. Visit the site to locate exploration locations. Prepare a traffic control
plan, obtain CITY Construction Permit, and schedule drilling subcontractors.
b. Field Exploration. Drill up to 8 hollow-stem auger borings approximately 10 feet deep
within the roadway. Concrete core through concrete panels, if necessary. Use signs,
cones, or flaggers to route traffic around the work area.
c. Geologic Interpretation. Perform laboratory analysis on field-collected data. Research
available geologic maps and nearby exploration logs; review the laboratory results;
prepare boring logs; and prepare a site and exploration plan.
d. Engineering Analysis. Using project traffic volumes provided by the City, develop
pavement sections based on AASHTO pavement design methods.
e. Report Preparation. Prepare Geotechnical Engineering Report summarizing findings, and
provide recommendations for subgrade preparation, utility excavation and backfill,
asphalt pavement sections, and structural fill. Finalize the report in response to
comments provided by the project team.
Deliverables: Site Visit and Traffic Control Plan
Borings - up to 8 locations
Laboratory Analyses
Design Pavement Section
Draft Geotechnical Report (3 copies)
AG-C- 264 Exhibit A
Scope of Services
Page 6 of 12
M St SE (29th St SE to 37th St SE)
Final Geotechnical Report (I bound copy, 1 unbound copy)
6.6. Environmental Documentation
a. Biological Review. Review current species listings. Field review project site. Prepare
recommendation for biological actions considering "applicable" species.
Assume findings of "No Effect".
b. Complete draft Environmental Classification Summary (ECS) and preliminary listing of
applicable permits, if any. Review with CITY staff and incorporate comments, as
mutually agreed.
c. Meet with WSDOT Highways and Local Programs (H&LP) to discuss/recommend ECS
findings, biological actions, and probable permits, if any.
d. Prepare No Effects letters for up to 4 listed species. Review with CITY staff and
incorporate comments, as mutually agreed.
e. Prepare Final ECS, incorporating comments from H&LP and CITY. Transmit ECS to
City of Auburn.
Assume City of Auburn will transmit ECS to WSDOT.
f. Coordinate with H&LP to facilitate sign-off for ECS. Inform CITY of correspondence.
Assume additional studies will be required, and NEPA Categorical Exclusion (CE) will
be issued by H&LP.
Deliverables: Draft ECS (3 copies)
Final ECS (I bound copy, I unbound copy)
Draft No Effects Letters (3 copies)
Final No Effects Letters (I bound copy, 1 unbound copy) - up to 4 total
Coordination/correspondence with H&LP
6.7. Utility Coordination
The CITY will prepare and send a notice containing the scope and schedule of the project, and
include project plans, to all public and private utility agencies with underground or overhead
facilities that may be affected by the project. The CITY will provide coordination of proposed
improvements with the various public and private utilities to resolve conflicts and facilitate
permitting.
Utility coordination meetings will be the responsibility of the CITY. All aspects of coordination
of the work required under this AGREEMENT with outside agencies, groups, or individuals will
receive advance approval by the CITY.
6.8. Preliminary Design (15%). Level of detail sufficient to support selection of preferred
roadway concept, and to facilitate environmental documentation process. The CITY will
select a preferred roadway concept.
a. Prepare brief Design Criteria Memorandum (4 to 6 pages) documenting project design
standards and criteria which will be utilized for the project design. Incorporate response
to comments form CITY staff.
b. Brainstorm horizontal design concepts with project team. Prepare up to 2 conceptual
horizontal roadway layouts (40-scale roll maps) incorporating existing base mapping and
proposed channelization, curb, sidewalk locations, traffic calming, intersection layout,
AG-C- 264 Exhibit A
Scope of Services
Page 7 of 12
M St SE (29th St SE to 37th St SE)
and dimensions. Prepare estimate of preliminary construction costs to identify significant
cost differences which may exist between alternatives. Review with CITY staff to
identifY refinements.
Assume CITY will provide preliminary conceptual cross sections/drawings, if any, to be
considered during this stage.
c. Review Memorandum on CITY's Traffic Calming Issues. Coordinate with CITY and
layout up to 3 initial horizontal concepts for traffic calming that may be incorporated at
one or more intersections. Review with CITY and identifY refinements.
Assume traffic calming concepts will be incorporated within conceptual horizontal
roadway layouts.
d. Prepare one (1) final conceptual horizontal roadway layout (40-scale roll map)
incorporating existing base mapping and proposed channelization, curb, sidewalk
locations, traffic calming, intersection layout, and dimensions. Review with CITY to
identify any additional refinements.
Assume CITY will adopt this iteration as a "preferred concept", incorporating identified
refinements.
e. Perform preliminary lighting-level calculations to evaluate existing lighting levels.
Advise CITY on necessary improvement locations to accomplish acceptable lighting
levels (recommend where PSE should add more luminaires to existing or new poles).
Assume existing luminaire locations, arm lengths, and heights will be provided by the
CITY.
f. Prepare 15% dimensioned conceptual horizontal roadway plans, preliminary profiles,
typical sections, proposed channelization, curb, sidewalk locations, traffic calming, and
intersection layouts based on the preferred concept selected by the CITY. Layout
preliminary locations for catch basins, laterals, and storm drainage trunk line. Prepare
conceptual profile for storm drain trunk line, and connection to City's infiltration pond.
Assume plan scale of 1" = 40' H; and I" = 1 0" V (II" x 17" sheet size). The following
plan sheets are anticipated: Title Sheet (1); Legend Sheet (1); Typical Sections (1);
Roadway/Drainage Plan and Profiles (6).
g. Prepare preliminary design quantities and estimate of probable construction costs.
Deliverables: Draft and Final Design Criteria Memorandum (2 copies each)
Conceptual Horizontal Roadway Layouts (I copy each)
Traffic Calming Concepts (incorporated above)
Final Conceptual Horizontal Roadway Layout - Preferred Concept
(l copy)
Preliminary lighting-level calculations and recommendations (1 copy)
15% Conceptual Plans (5 copies)
15% Estimate of Probable Construction Cost (2 copies)
6.9. Intermediate Design (50%). Refine 15% design plans, incorporating CITY comments.
Complete preliminary vertical roadway design. Complete preliminary storm drainage
design. Define pavement design options. Incorporate response to comments from 15%
CITY review.
a. Refine vertical roadway design to maximize close tie-in with existing "edge conditions".
Generate DTM and prepare InRoads design cross sections (50-foot intervals) showing
existing and proposed roadway surfaces. (6 sheets)
Assume scale of 1" = 20' H; and I" = 5" V.
AG-C- 264 Exhibit A
Scope of Services
Page 8 of 12
M St SE (29th St SE to 37th St SE)
b. Refine horizontal and vertical layout/elevations for storm drainage collection and
conveyance system. Review pipe sizing calculations prepared by CITY for consistency
with proposed design.
Assume sealed/signed storm drainage calculations will be provided by the CITY, if
required.
c. Prepare Title Sheet and Legend Sheet. (2 sheets)
d. Prepare 50% Typical Sections and Details including: asphalt pavement/subgrade design
options; typical roadway sections; and "edge design" options. (I sheet)
e. Prepare 50% Roadway and Drainage PlanIProfiles including: construction centerline,
stationing, and bearings; centerline profile, elevations, and slopes; areas of new and
replaced curb, gutter, and sidewalk; intersection horizontal geometry; traffic calming
horizontal geometry; bus stop/pad horizontal geometry (if applicable); cut/fill line
locations; driveway locations; curb ramp locations; mail box locations; storm drain catch
basins, manholes, laterals, and catch basins (GE's, IE's, slopes); vertical locations (where
applicable) of existing sewer, storm, water, gas, and telephone "crossings"; and
preliminary construction notes.
(6 sheets)
Assume plan scale of I" = 20' H; and I" = 5" V.
f. Prepare 50% Channelization and Signing Plans including: lane, bicycle, and parking
channelization; stop bars; crosswalks; graphic type and location of proposed signs; bus
stop/pad locations; and curb ramp locations. (4 sheets)
Assume plan-over-plan layout at plan scale of I" = 20' H.
g. Prepare 50% Water Main plan and profile, valves, hydrants, services, fitting call-outs,
and notes. Define trench restoration concepts. (3 sheets)
Assume plan scale of I" = 20' H; and I" = 5" V.
h. Review and document (by letter or e-mail) probable construction staging/traffic control
scenarios. Discuss with the CITY and document comments.
I. Prepare listing and/or copies of proposed Auburn and WSDOT standard details.
J. Prepare 50% list of bid items, quantities, and estimate of probable construction costs
based on 2006 WSDOT/APWA Standard Specifications and Auburn Special Provisions.
Identify Special Provision bid items, if any.
Assume miscellaneous and contingency cost items will be included at this stage.
Deliverables: 50% Alignment Cross Sections (2 full-size)
50% Design Plans (3 full-size and 5 half-size)
50% Bid Items and Estimate of Probable Construction Cost (5 copies)
6.10. Final Design PS&E (95%). Prepare construction-ready plans, details, bid items,
quantities, special provisions, and estimate for detailed review by CITY staff. Incorporate
response to comments from 50% CITY review. Prepare design documents with such
provisions and in such detail as to permit convenient layout in the field for construction and
other purposes. The design documents will be prepared to the level of competency presently
maintained by practicing professionals in the field of transportation engineering in the Puget
Sound Region. Design documents will include the following:
a. Prepare Title Sheet, Index, General Notes, Legend, Symbols, and Abbreviations. (3
sheets)
AG-C- 264 Exhibit A
Scope of Services
Page 9 of 12
M St SE (29th St SE to 37th St SE)
b. Refine Typical Roadway Sections and Paving Details. Incorporate construction staging
considerations into typical sections, if applicable. (1 sheet)
c. Refine Roadway and Storm Drainage Plan and Profiles including all proposed elevations
and construction notes. (6 sheets)
d. Prepare Intersection and Traffic Calming Detail Sheets, including curb return elevations.
(8 sheets)
e. Prepare Miscellaneous Roadway, Storm Drainage, and Edge Mitigation Details. (2
sheets)
f. Refine Water Main Plan/Profiles, Notes, Fitting Call-outs, and Restoration Details. (3
sheets)
g. Refine Channelization and Signing Plans, Notes, and Channelization Details. (4 sheets)
h. Prepare Sign Specifications (table) and Standard Installation Details. (1 sheet)
J. Prepare Proposal Bid Items in CITY standard format.
j. Prepare Special Provisions in CITY standard format (Div. 0 through 9).
k. Prepare Project Provisions (Construction Manual) in CITY standard fonnat.
l. Calculate Final Bid Quantities for Proposal Bid Items.
m. Prepare Estimate of Probable Construction Costs for Proposal Bid Items.
n. Perform Senior in-house 95% Quality Assurance and Constructability Review, and
incorporate response to comments. Perform "plans-in-hand" field review. Document
findings of review in "red-line" and/or written format.
Deliverahles: 95% Design Plans (5 full-size and 5 half-size)
95% Contract Provisions and Special Provisions (5 copies)
95% Proposal Items and Estimate of Probable Construction Cost
(5 copies)
6.11. Final Design PS&E (99%).
a. Prepare Final Documents incorporating responses to 95% PS&E comments from CITY
staff.
Assume the number, format, and tent of plan sheets will generally remain unchanged.
b. Perform Senior in-house 99% Quality Assurance Review.
c. Transmit 99% Design Plans, Project Provisions, Special Provisions, and Estimate of
Probable Construction Cost to CITY for final review.
Assume CITY's review at this stage is for the purpose of verifying that comments
transmitted at 95% completion stage were incorporated into the 99% documents, as
mutually agreed. "Additional" design comments will not be generated at this stage.
Deliverahles: 99% Design Plans (1 full-size and 2 half-size)
99% Contract Provisions and Special Provisions (2 copies)
99% Proposal Items and Estimate of Probable Construction Cost
(2 copies)
6.12. Final Bid Documents (100%).
a. Prepare Final (Bid-ready) Construction Documents incorporating responses to 99%
PS&E comments from CITY staff.
AG-C- 264 Exhibit A
Scope of Services
Page 10 of 12
M St SE (29th St SE to 37th St SE)
Assume no "additional" comments will be generated at this stage. Comments are
designed only to verify that response to 99% final comments were incorporated as
mutually agreed.
b. Transmit Final (sealed/stamped and signed) Design Plans, Project Provisions, Special
Provisions, and Estimate of Probable Construction Cost to CITY for reproduction and bid
advertisement.
Assume there is no additional CITY review following this stage.
c. The CITY will provide reproduction ofConstructionlBid Documents, and will transmit 2
full-size and 4 half-size copies of plans to the CONSULTANT.
Deliverables: Final Plans (I full-size original mylar)
Final Contract Provisions and Special Provisions
(I camera-ready original)
Engineer's Estimate of Probable Construction Cost (I copy)
It is mutually agreed that any cost estimate provided by CONSULTANT will be on a basis
of experience and judgment, but since the CONSULTANT has no control over market
conditions or bidding procedures, the CONSULTANT cannot warrant that bids or
ultimate construction cost will not vary from these cost estimates.
6.13. Construction Schedule
Prepare CPM construction schedule in "MS Projects" format. Review once with CITY and
incorporate comments as mutually agreed.
Deliverables: CPM Construction Schedule (1 hard-copy and I electronic-copy)
6.14. Assistance During Bidding
a. The CITY will advertise for bids and distribute bid sets to prospective bidders.
b. The CONSULT ANT will assist the CITY during the bid period to answer any questions
that arise concerning the PS&E documents, and to assist the CITY in preparing any
addenda required.
c. The CONSULTANT will prepare up to two (4 to 6 page) addenda if modifications to the
contract documents are deemed warranted by CITY during the bidding process.
Assume one 3-week bidding period.
Deliverables: Response to Bidder's Questions
Addenda (up to 2)
6.15. Construction Period Services.
a. Attend Preconstruction Conference at CITY of Auburn. Review meeting notes provide
by CITY, and transmit comments, if any.
Assume meeting will be attended by Project Manager or Project Engineer.
b. Attend up to 4 on-site project reviews to review the progress of the construction work.
Discuss with CITY staff and/or transmit notes documenting significant aspects of the
project work, and any inconsistencies relative to the design documents.
Assume reviews will be performed by Project Manager or Project Engineer.
AG-C- 264 Exhibit A
Scope of Services
Page 11 of 12
M St SE (29th St SE to 37th St SE)
c. Attend up to 4 Project Meetings and/or Special Inspections, at the request of the CITY.
Prepare and transmit notes and/or recommendations to CITY staff in response to
meetings/inspections.
Assume meetings will be attended by Project Manager or Project Engineer.
d. Respond to requests for information (RFI's) from the CITY during the course of
construction. Transmit responses to the CITY in written and/or plan format.
Assume up to 30 staff hours are budgeted to perform this task.
e. Review and provide written comment on Shop Drawing submittals forwarded from the
CITY during the course of construction. Transmit responses to the CITY in written
and/or plan format.
Assume up to 30 staff hours are budgeted to perform this task.
f. Prepare and provide revised (stamped and signed) design and plan sheets in response to
changes requested by the CITY during the course of construction. (Examples of such
change may include adjustment of storm drainage around underground utilities, where
their locations during design were unknown; alternative designs requested by the
Contractor and agreed by the CITY; and other similar items.)
Assume up to 60 staff hours are budgeted to perform this task.
g. Prepare Record ("as-built") Drawings, and transmit (stamped and signed) mylar originals
and digital files to the CITY.
Assume the CITY will provide inspector's reports and records, as required, and redlined
markups of construction drawings. The CITY will provide the original mylar drawings for
CONSULTANT'S use in preparing record drawings. The CONSULTANT will prepare both
handwritten and electronic copies. Up to 48 staff hours are budgeted to perform this task.
Deliverables: Attendance at Preconstruction Conference
Attendance at On-site Construction Meetings - up to 4
On-Site Special Inspections - up to 4 (one copy of field notes)
Respond to RFI's - up to 30 hours (format as requested)
Review Shop Drawings - up to 30 hours (format as requested)
Provide Revised Plan Sheets - up to 60 hours (format as requested)
Prepare Record Drawings - up to 48 hours (1 full-size original mylar)
6.16. Project Closeout
a. Electronic Data Transfer. At the completion of construction, the CONSULTANT will
provide the CITY with electronic files of design files, base maps, plans and similar
contract documents. All drawings will be provided in AutoCAD format.
b. Archiving. At the completion of construction, the CONSULTANT will archive all
project files. Archives will be made available at the request of the CITY or funding
agency for review for a period of six years following completion of construction.
AG-C- 264 Exhibit A
Scope of Services
Page 12 of 12
M St SE (29th St SE to 37th St SE)
Exhibit B
DBE Participation
This Agreement does not have a DBE Participation requirement.
AG-C-255 Exhibit B
DBE Participation
Page 1 of 1
M St SE (29th SI SE to 3ih St SE)
Exhibit C
Electronic Exchange of Engineering and Other Data
The electronic format and standards to be provided for this project are identified within Exhibit A, Scope
of Services. As a summary, these standards may include, but are not limited to, the following:
1. Text Documents - Microsoft Word, Version 2000 or later
2. Spreadsheet Documents - Microsoft Excel, Version 2000 or later
3. Project Schedules - Microsoft Project, Version 2002 or later
4. Construction Drawings - AutoCAD Version 2005
DOT Form 140-089 EF Exhibit C
(Revised 06/05)
Page 1 of 1
M St SE (29th St SE to 3ih St SE)
Exhibit 0-2
Payment (Cost Plus a Fixed Fee)
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 perfonned 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 confonn to all applicable
portions of 48 CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non-salary costs, and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in
work necessary to fulfill the tenns of this AGREEMENT. The CONSULTANT shall
maintain support data to verify the direct salary costs billed to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as
such on the books of the CONSULTANT in the nonnal everyday keeping of its books.
Progress payments shall be made at the rate shown in the heading of this AGREEMENT
under "Overhead Progress Payment Rate." Total overhead payment shall be based on the
method shown in the heading of the AGREEMENT. The two options are explained as
follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate
shown. This rate shall not change during the life of the AGREEMENT.
b. Actual Cost: If this method is indicated in the heading ofthe AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by
audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT,
when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead computation is
shown in Exhibit "E" attached hereto and by this reference made part of this
AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all
sub-consultants) will submit to the AGENCY within six (6) months after the end of each
finn's fiscal year, an overhead schedule in the fonnat required by the AGENCY (cost
category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for
billing purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost to reflect
the actual rate.
Failure to supply this infonnation by either the prime CONSULTANT or any of their sub-
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required infonnation is received and an overhead rate for billing purposes is
approved.
DOT Form 140-089 EF Exhibit 0-2
(Revised 06/05)
Page 1 of 3
M St SE (29th St SE to 3ih St SE)
The AGENCY, STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate, ifthey so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to
the CONSULT ANT. These charges may include, but are not limited to, the following items:
travel, printing, long distance telephone, supplies, computer charges and fees of sub-
consultants. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and
regulations regarding travel costs (excluding air, train, and rental car costs) in accordance
with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs
shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46
"Travel Costs." The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT. The CONSULT ANT shall maintain the
original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the AGENCY upon request. All above charges must be necessary for the
services provided under this AGREEMENT.
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the
heading ofthis AGREEMENT under Fixed Fee. This amount does not include any additional
Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based
on the Scope of Work defined in this AGREEMENT and the estimated person-hours required
to perform the stated Scope of Work. In the event the CONSULTANT enters into a
supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will
be prorated and paid monthly in proportion to the percentage of work completed by the
CONSULTANT and reported in the Monthly Progress Reports accompanying the billings.
Any portion of the Fixed Fee earned but not previously paid in the progress payments will be
covered in the final payment, subject to the provisions of Section IX entitled "Termination of
Agreement."
5. 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 ofthis 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."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to
the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the
Total Amount Authorized, and the 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 Actual Costs plus the calculated overhead and fee on a monthly basis during
the progress of the work. Such billings shall be in a fonnat approved by the AGENCY and
DOT Form 140-089 EF Exhibit 0-2
(Revised 06/05)
Page 2 of 3
M St SE (29th St SE to 3ih St SE)
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item
including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added
the prorated Fixed Fee. To provide a means of verifying the billed salary costs for
CONSULTANT 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.
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 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.
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.
DOT Form 140-089 EF Exhibit 0-2
(Revised 06/05)
Page 3 of 3
M St SE (29th St SE to 3ih St SE)
Exhibit E
Consultant Fee Determination
Project: "M St SE (29th St SE to 37th St SE)"
Client: City of Auburn
DIRECT SALARY COST (DSC):
Classification Hours X Rate Cost
The Transpo Group Inc.
1 Quality Assurance 41 50.48 $2,069.68
2. Project Manager 325 46.15 $14,998.75
3. Project Engineer 487 36.06 $17,561.22
4. Design EIT (1) 362 22.50 $8,145.00
5. Design EIT (2) 258 22.50 $5,805.00
6. Senior Engineer 55 42.40 $2,332.00
7. CAD I Graphics 118 25.00 $2,950.00
8. Project Admin 24 23.50 $564.00
SUBTOTAL-DSC 1670 $54,425.65
\
OVERHEAD (OH) COST (Including Salary Additives)
OH Rate X DSC or 204.09% X $54,425.65 $111,077.31
FIXED FEE (FF) (As a Percent of Direct Labor):
FF Rate = 27% X ($54,425.65) $14,694.93
REIMBURSABLES:
Travel Expenses (Mileage) $700.00
Reproduction $900.00
Graphic Supplies $200.00
Federal Express I Courier $200.00
$2,000.00
SUBTOTAL $182,197.89
SUBCONSUL TANTS:
AMEC Earth and Environmental, Inc. - Geotechnical Analysis $15,840.00
AMEC Earth and Environmental, Inc. - Environmental Permitting $21,547.00
SUBCONSUL TANTS TOTAL $37,387.00
GRAND TOTAL - ESTIMATED FEE $219,584.89
AG-C-264 Exhibit E
Consultant Fee Determination
Page 1 of 1
M St SE (29th St SE to 37th St SE)
Exhibit F
Breakdown of Overhead Cost
The following pages outline the Washington State Department of Transportation approved Overhead Cost
Rate for The Transpo Group Inc. The supporting documentation includes the WSDOT letter stating the
overhead cost rate and The Traspo Groups' Overhead Schedule for 2004.
AG-C-255 Exhibit F
Breakdown of Overhead Cost
Page 1 of 4
M St SE (29th St SE to 3ih St SE)
~
"II
Washington State
Department of Transportation
Douglas B. MacDonald
Secretary of Transportation
T.anspmt."tic:m Building
310 Maple Park Avenue S.E.
PO. 80x 47300
Olympia WA 98504-7300
November 4, 2005
~lC'C-'f:"~" t,'''''''W"''
n.!,;: h::b'~/~_-::J)
360-705-'7000
TTY 1-800-833-6388
wvvw.vlsdct.W8.gov
NOV 0 ;'i 200~!
"rHE TRMISPO GROUP
Ms. Linda Klokow
The Transpo Group, Inc.
11730 118lh Avenue NE, Suite 600
Kirkland, WA 98034-7120
Re: The Transpo Group, Inc. Overhead Schedule
Fiscal Year Ended December 31,2004
(Corrected Letter)
Dear Ms. Klokow:
On October 18, 2005, Robby Robinson, of the WSDOT Audit Office, reviewed your
proposed 2004 Overhead Schedule. We completed an analytical review of the schedule
by comparing it to the accepted 2003 overhead schedule, and reviewed data that WSDOT
had collected in our pennanent files.
The reviewed data included, but was not limited to, the schedule of the indirect cost rate,
a description of the company, basis of accounting and description of Transpo's
accounting system, basis of indirect costs, in addition to a review of the firm's internal
control structure.
Based on our review, we are issuing this letter of concurrence establishing Transpo's
overhead rate for the year ended December 31, 2004, at 212.24% of direct labor. Costs
billed to actual agreements wiIi still be subject to audit of actual costs.
If you or any representative of The Transpo Group, Inc. have any questions, please
contact me at 360-705-7006.
Sincerely,
--nt (kJ:hL- J. ~~
Martha S. Roach
Acting External Audit Manager
MR:br
cc: Steve McKerney
AG-C-255 Exhibit F
Breakdown of Overhead Cost
Page 2 of 4
M St SE (29th St SE to 37th St SE)
Transpo Group
Overhead Schedule
December 31, 2004
Amount Audit Adj. Ref. Amount %
Direct Labor Base $1,543,656 $1,543,656
Fringe Benefits
Payroll Taxes $256,164 $256,164 16.59%
Group Insurance 137,090 137,090 8.88%
Paid Leave - Vac Holiday Sick 326,379 326,379 21.14%
Employee - Benefit Plans 231,433 231,433 14.99%
Total Fringe Benefits $951,066 $951,066 G1.61%
General Overhead Expenses
Administrative Labor $872,562 $872,562 56.53%
Signing/PE License Bonuses 13,500 13,500 0.87%
Bonuses 691 ,990 (200,862) A 491,128 31.82%
Depreciation Expense 130,717 11,095 M 141,812 9.J9%
Professional Dues & Training 28,878 (229) H 28,649 1.86%
Traffic Count Vendors 3,620 3,620 0.23%
Meals & Entertaiml1ent 32,241 (14,190) B 18,05J 1.17%
Employee Relations 29,161 (11,389) N 17,772 Ll5%
Travel 51,041 (2,552) B 48,489 3.14%
Professional Mgts & Conferences 10,654 (2,800) G 7,854 0.51%
Insurance - Gel1 & Prof Liability 63,868 63,868 4.14%
Insurance - Key Employee 4,115 (4,115) C 0 0.00%
Interest Expense 2,538 (2,538) D 0 0_00%
Legal! Accounting/Advisors 117,427 ( 18,824) E,K 98,603 6.39%
Recruiting Costs 3,330 3,330 0.22%
Outsource - HR/Computer/Temp 7,187 7,187 0.47%
Office - SuppJies/Repro/Equip Rental 120,613 (353 ) F 120,260 7.79%
Conununications & Advertising 70,010 (12,521) G 57,489 3.72%
Rent/RepairslMaintenance 221,494 221,494 14.35%
Business Taxes 93,361 93,361 6.05%
United Way Company Match Contrib 12,176 (12,176) H 0 0.00%
Corporate Charitable Contributions 3,837 (3,837) H 0 0.00%
Bad Debt Expense 52,1 17 (52,117) 1 0 0.00%
Cost of Money 0 14,091 L 14,091 0.91%
Total General Overhead Expenses $2,636,437 ($313,317) $2,323,120 150.49%
Total Overhead Expenses $3,587,503 ($313,317) $3,274,186 212.11%
Overhead Rate 232.40% 212.11 %
Page 1
AG-C-255 Exhibit F
Breakdown of Overhead Cost
Page 3 of 4
M St SE (29th St SE to 3ih St SE)
Transpo Group
Overhead Schedule
December 31,2004
Amount
Audit Adj.
Ref.
Amount
0/0
References:
Transpo Adjustments
A Year-end bonuses in excess ofWSDOT Bonus Policy of 15% of total allowable overhead.
B Unallowable meals, alcohol and entertainment per 48 CFR 31.205-14, 31.205-46(a)(2)(i) and WSDOT
Accounting Maunal M 13-82 Chapter 10 Travel.
C Key employee insurance unallowable per 48 CFR 31.205-19(2)( vi).
D Interest expense unallowable per 48 CFR 31.205-20.
E Federal tax preparation fee over $250 unallowable per 48 CFR 31.205-41 (b)( I), 48 CFR 31.20 1-6( d),
and WSDOT Overhead Policy.
F Promotional Items unallowable per 48 CFR 31.205-1(1).
G Advertising and yellow pages directories unallowable per 48 CFR 31.205-1(f).
H Charitable contributions unallowable per 48 CFR 31.205-8.
I Bad debt allowance unallowable per 48 CAR 31.205-5(c).
J Loss on disposal of fixed assets allowable per 48 CFR 31.205-31.205-16(a).
K Legal fees regarding equity structure and collection services unallowable per 48 CFR 31.205-27
and 48 CFR 31.205-3.
L Cost of money allowable per 48 CFR 31.205-1 O(a).
WSDOT Adjustments
M Entertainment unallowable per 48 CFR 31.205-14.
Page 2
AG-C-255 Exhibit F
Breakdown of Overhead Cost
Page 4 of 4
M St SE (29th St SE to 3ih St SE)
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
AMEC Earth and Environmental Inc. - Geotechnical and Environmental Services
DOT Form 140-089 EF Exhibit G
(Revised 06/05)
Page 1 of 1
M St SE (29th St SE to 3ih St SE)
Exhibit H
Title VI Assurances
During the performance ofthis AGREEMENT, the CONSULTANT, for itself, its assignees, and
successors in interest agrees as follows:
I. 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
"REGULA nONS"), 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 REGULA nONS, including employment
practices when the AGREEMENT covers a program set forth in Appendix B of the
REGULA nONS.
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 REGULA nONS 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 REGULA nONS 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 (FHW A) to be pertinent to ascertain
compliance with such REGULA nONS, 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 FHW A 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 FHW A 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
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (I)
through (5) in every sub-contract, including procurement of materials and leases of equipment,
unless exempt by the REGULA nONS, or directives issued pursuant thereto. The
CONSUL T ANT 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.
DOT Form 140-089 EF Exhibit H
(Revised 06/05)
Page 1 of 2
M St SE (29th St SE to 3ih 5t SE)
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.
DOT Form 140-089 EF Exhibit H
(Revised 06/05)
Page 2of2
M St SE (29th St SE to 37'h St SE)
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
tennination 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 tennination 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 tennination
of this AGREEMENT plus any direct nonsalary costs incurred at the time oftennination 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
tennination of this AGREEMENT.
DOT Form 140-089 EF Exhibit I
(Revised 06/05)
Page 1 of 1
M 5t 5E (29th 5t 5E to 3ih 5t 5E)
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.
· 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 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.
DOT Form 140-089 EF Exhibit J
(Revised 06/05)
Page 1 of 2
M St SE (29th St SE to 3ih St SE)
· 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 FHW A. 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 FHW A, 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.
DOT Form 140-089 EF Exhibit J
(Revised 06/05)
Page 2 of 2
M St SE (29th St SE to 3ih St SE)
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 detennines that they were requested to perfonn 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 ofthe claim to the Agency's project manager.
The consultant's claim must outline the following:
· Summation of hours by classification for each finn that is included in the claim;
· Any correspondence that directed the consultant to perfonn 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 I, 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 detennine 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. Ifthe
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. Infonn 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 06/05)
Page 1 of 2
M St SE (29th St SE to 37'h St SE)
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 FHW A 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.
DOT Form 140-089 EF Exhibit K
(Revised 06/05)
Page 2 of 2
M St SE (29th St SE to 3ih St SE)
Exhibit L
Liability Insurance Increase
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal
Relations and Insurance of this AGREEMENT will not be increased for this project.
DOT Form 140-089 EF Exhibit L
(Revised 06/05)
Page 1 of 1
M St SE (29th St SE to 3ih St SE)
Exhibit M-1 (a)
Certification of Consultant
Project No. Pendine
Local Agency City of Auburn
I hereby certify that I am theprJl~ (cL~+
representative of the firm of The Traspo Group. Inc.
is 11730 118th Ave NE. Suite 600. Kirkland. WA 98034-7120
above firm I here represent has:
and duly authorized
whose address
and that neither I nor the
(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 CONSULT ANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this
AGREEMENT;
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.
?r/(i/~{;
, Date
~w 4(jr~~
Signature
DOT Form 140-089 EF Exhibit M-1(a)
(Revised 06/05)
Page 1 of 1
M St SE (29th St SE to 3ih St SE)
Exhibit M-1(b)
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of the City of Auburn ,
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 firm 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 participati f deral-aid highway funds, and is subject
to applicable State and Federal laws, both criminal and c' iI.'
Date
Signature
~
FEa 1 5 2006
DOT Form 140-089 EF Exhibit M-1(b)
(Revised 06/05)
Page 1 of 1
M St SE (29th St SE to 3ih St SE)
Exhibit M-2
Certification Regarding Debarment, Suspension and Other Responsibility
Matters - Primary Covered Transactions
l. 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 (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State anti-trust statues or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any ofthe 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 and 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 Name):
The Trans.. Gr.ui. .
-tl- Li 11r, a~1/r
Sig ature (President or Authorized Official of Consultant
'2 I q / C L
! . ( Date
DOT Form 140-089 EF Exhibit M-2
(Revised 06/05)
Page 1 of 1
M St SE (29th St SE to 37'h St SE)
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, a officer or employee of Congress, or any employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," In accordance with its instructions.
This certification is a material representation of fact upon which 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 $10,000.00,
and not more than $100,000.00, 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 ofthis certification be included in all lower tier subcontracts,
which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name):
The Tra..~ Group Ine. ~ '. ~
1J:r (J , U'''/.,~
Sign ture (President or Authorized Official of Consultant
7./ q Lc~
! ate
DOT Form 140-089 EF Exhibit M-3
(Revised 06/05)
Page 1 of 1
M St SE (29th St SE to 3ih St SE)
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 2.101 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 C4 lA - 'M' St SE 1m rovements
are accurate, complete, and current as of 2 C( **. This
certification includes the cost or pricing data suppo'rting'any advance agreements and forward pricing rate
agreements between the offeror and the Government that are part of the proposal.
*
Firm:
The Transpo Group Inc.
g ftJ '-r IJ,:ddtfY>
Name:
Title: r (. ~ .. 1 cl ~ k {-
Date of Execution:*** "L / (j / 0 i:-
t f
* Identify the proposal, quotation, request for pricing 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
(Revised 06/05)
Page 1 of 1
M St SE (29th St SE to 3th St SE)
A3.I~. ~_
Organization and Address
Supplemental Agreement # 2 The Trans~o Group Inc.
1
Ave NE, Suite 600
11730 118
Kirkland, WA 98034-7120
ATTN: Tim Hedges
Agreement Number Phone
AG-C-264 425.821.3665
Project Number Federal Aid Number
C421A HPP-1091 002
Project Title Maximum Amount Payable
M STREET SE IMPROVEMENTS $ 234,584.89
Description of Work
This project will consist of reconstructing the pavement,
repairing and constructing new sidewalks, and upgrading
the existing storm-drainage trunk line along this 2,200 foot
section of M St SE. This project will also complete the
connection of three dead-end water mains on 37`h St SE.
The Transpo Group Inc. will provide Engineering Services
for the geotechnical analysis, design engineering, and
environmental permitting.
The Local Agency of the City of Auburn
desires to supplement the Agreement entered into with The Transpo Group Inc.
and executed on February 15, 2006 and identified as Agreement No. AG-C-264
All provisions in the basic Agreement remain in effect except as expressly modified by this supplement. The
changes to the Agreement are described as follows:
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar
days for completion of the work to read: March 31, 2008
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate
spaces below and return to this office for final action.
By: __~ ~~/~`~ ~~l~T/C/~ By: P er B. is
A ~
Consultant ignature Approving Authority Signature
f ~ --/~ ~~~~ ~~~~~/off
Date Date
AG-C-264 Supplemental Agreement #2 M Street SE Improvements