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HomeMy WebLinkAboutINCA Engineers Inc AG-C-292~ ~.~~~~ Local Agency Consultant/Address/Telephone Standard Consultant INCA Engineers, Inc A reement 400 112th Avenue NE, Suite 400 WA 98004 Bellevue Agreement Number , (425)635-1000 AG-C-292 Attn: Sandy Glover Federal Aid Number Project Title And Work Description STPH-1088 004 Agreement Type (Choose one) 8th St NE and R St NE Signal This project will construct a new traffic signal at the intersection of 8th St and R St NE in Auburn, ^ Lump Sum Washington. Lump Sum Amount $ ® Cost Plus Fixed Fee P t R t 160 66 h d P O aymen a . ver ea rogress e DBE Participation Overhead Cost Method ^ Yes ®No ^ Actual Cost ^ Actual Cost Not To Exceed ^ Fixed Rate % Federal ID Number or Social Security Number Fixed Fee $ 4 150 23 , . Do you require a 1099 for IRS? Completion Date ^ Specific Rates Of Pay ^ Yes ®No 12/31/2007 ^ Negotiated Hourly Rate ^ Provisional Hourly Rate Total Amount Authorized $ 45,902.26 ^ Cost Per Unit of Work Management Reserve Fund $ 10,000.00 Maximum Amount Payable $ 55,902.26 Index of Exhibits Exhibit "A" -Scope of Work Exhibit "B" -DBE Participation Exhibit "C" -Electronic Exchange of Engineering and Other Data Exhibit "D" -Payment (by Agreement Type) Exhibit "E" -Consultant Fee Determination Exhibit "F" -Breakdown of Overhead Cost Exhibit "G" -Subcontract Work/Fee Determination Exhibit "H" -Title VI Assurances Exhibit "I" -Payment Upon Termination of Agreement Exhibit "J" -Alleged Consultant Design Error Procedures Exhibit "K" -Consultant Claim Procedures Exhibit "L" -Liability Insurance Increase Exhibit "M" -Certification Documents AG-C-292 Page 1 of 8 8th St NE and R St NE Signal Local Agency Standard Consultant Agreement THIS AGREEMENT, made and entered into this day of , between the Local Agency of City of Auburn ,Washington, hereinafter called the "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. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." AG-C-292 Page 2 of 8 8th St NE and R St NE Signal Local Agency Standard Consultant Agreement 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 CONSULTANT, but maybe extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit maybe performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub-contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub- contracted agreement that is established by-the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. AG-C-292 ~ Page 3 of 8 8th St NE and R St NE Signal Local Agency Standard Consultant Agreement 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 fmal 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. AG-C-292 Page 4 of 8 8`h St NE and R St NE Signal Local Agency Standard Consultant Agreement 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 maybe required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of ternnation. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. AG-C-292 Page 5 of 8 8th St NE and R St NE Signal Local Agency Standard Consultant Agreement XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. AG-C-292 Page 6 of 8 8th St NE and R St NE Signal Local Agency Standard Consultant Agreement The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. AG-C-292 Page 7 of 8 8th St NE and R St NE Signal Local Agency Standard Consultant Agreement In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By ~a~~GY~a-TT Consultant ~/(~~" ~G/s~-l~~ _1 By agency Peter B. Lewis, Ma. orb, City of Auburn AG-C-292 Page 8 of 8 8th St NE and R St NE Signal Local Agency Standard Consultant Agreement EXHIBIT A CITY OF AUBURN SCOPE OF SERVICES During the term of this AGREEMENT, INCA Engineers, Inc. (CONSULTANT) shall perform professional services for the City of Auburn (CITY) in connection with the following project: Project CP0701 Stn Street NE and R Street NE Signal PROJECT DESCRIPTION The purpose of the 8th Street NE and R Street NE Signal project is to prepare contract documents for the installation of a traffic signal at the intersection of R Street NE and 8th Street NE for accident reduction. The intersection warrant analysis was completed by the CITY and a signal is warranted based on accident data. This scope of work includes signal design. Utility coordination for traffic signal/ illumination, as-builts, right-of--way acquisition and SEPA and NEPA documentation will be completed by the CITY. Federal funds will be used for this project. The schedule for these services is assumed to be 4-6 months. Assumntions• • Intersection widening is not required. • The CITY will conduct utility coordination • The CITY will conduct field survey and basemapping • The CITY will prepare and obtain environmental documentation. • .The CITY will conduct appraisals and review appraisals • The CITY will provide title reports • The CITY will conduct all property owner meetings. • No open houses will be conducted. • Additional traffic counts are not required • Use worst case conditions for WSDOT table for signal pole foundation design. Geotechnical studies will not be required. • If required, potholing will be provided for out of the management reserve fund. DESIGN STANDARDS AND REFERENCES The following design standards and references are to be followed during the development of the project:, • City of Auburn Design Standards • City of Auburn Construction Standards and Standard Details 8`° Street NE and R Street NE Signal Draft Scope of Work February 1, 2007 Page 1 • WSDOT Local Agency Guidelines (LAG) • WSDOT 2006 Standard Specifications for Road, Bridge and Municipal Construction • City of Auburn 2006 Contract Provisions • WSDOT Standard Plans as required • City of Auburn AutoCAD Standards • WSDOT Environmental Procedures Manual The CONSULTANT shall prepare all drawings using AutoCAD 2006. Project schedules shall be prepared using Microsoft Project (version 2002) or later, spreadsheets in Microsoft Excel (version 1997 or later), and text documents in Microsoft Word (version 1997 or later). All plans will be completed at a 20:1 scale. Full-sized plan sheets will be provided at 22"x34", and half-sized at 11 "x 17". WORK ELEMENT 1. PROJECT MANAGEMENT The CONSULTANT shall manage the project work elements to control costs, maintain schedule, and provide quality products appropriate to the goals and completion of the project. Subtasks include the following: Work Element 1.1 Work Plan The CONSULTANT shall provide a minimal work plan for management of the project. A work plan shall be submitted to the City of Auburn for review and approval within ten (10) days after notice to proceed. The plan shall include the following: • Scope of Work • Budget • Project Schedule completed in Microsoft Project and updated as required • End of the Week Communications as required Deliverable(s): One Final (1) hardcopy Project Work Plan submitted to the CITY in a three-ring binder Work Element 1.2 Proiect Kickoff Meeting Participate in a project kickoff meeting. CONSULTANT shall work with the CITY to develop the agenda and facilitate the meeting. The CONSULTANT shall prepare and distribute the meeting notice, agenda, and minutes. Deliverable(s): • Meeting notice, agenda, and minutes 8"' Street NE and R Street NE Signal Draft Scope of Work 5/2/2007 Page 2 Work Element 1.3 Monthly Progress Reports and Invoices Prepare and submit a monthly progress report and invoice. Earned Value reports will not be set up or submitted for this project. Deliverable(s): • Monthly Progress Reports • Monthly Invoices Work Element 1.4 Proiect Coordination Provide Project coordination as detailed in the sub-work elements below. Work Element 1.4.1 Team Coordination The CONSULTANT shall coordinate as required with design team members and the CITY as needed to discuss project status, elements of the work plan, and to discuss progress of the design and resolve project issues. Work Element 1.4.2 Bi-Monthly Progress Meeting Bi-Monthly Project Management Team (PMT) meetings will be held, with additional meetings as required. The PMT will be staffed with representatives from the CITY, the CONSULTANT, and subconsultants as required. The location of the meetings will be in Auburn. A total of 3 meetings are assumed for this scope of work. Deliverable(s): • Meeting agendas, summaries and action items Work Element 1.4.3 End-of--the-Week Communications Prepare End-of--the-Week Communications as required which identify the work completed that week and issues that need to be addressed to keep the project on schedule. The End-of--the-Week Communication shall be provided via email to all team members at the end of each week. Deliverable(s): • Emailed End-of--Week Communication WORK ELEMENT 2. DATA COLLECTION AND REVIEW Work Element 2.1 Review and Analyze Existing Data The CONSULTANT shall obtain, review and analyze existing data including existing street as- builts, grant application, environmental information, traffic counts and signal warrants, accident information and other information as available. 8`h Street NE and R Street NE Signal Draft Scope of Work 5/2/2007 Page 3 WORK ELEMENT 3. UTILITY COORDINATION ASSISTANCE Work Element 3.1 Utility Coordination The CITY will obtain as-builts from the utilities. The CONSULTANT shall revise the basemap with utility information based on the as-builts and will review to consolidate with utility survey pickups completed by the CITY. The CONSULTANT shall identify potential utility impacts and eliminate or mitigate them. The CITY will coordinate with PSE for power for the signal/ illumination system. WORK ELEMENT 4. Conceptual Design Work Element 4.1 Conceptual DesiEn The CONSULTANT shall prepare up to three, hand-drafted conceptual design for CITY approval prior to developing contract plans. The CONSULTANT shall also develop pros and cons for each alternative for discussion purposes. The CONSULTANT will participate in review meeting at the CITY if required, and prepare meeting agenda an minutes. Deliverables: • Three (3) copies of the conceptual designs with pros and cons -hand drafted WORK ELEMENT 5. 30% PLANS AND ESTIMATE PREPARATION The CONSULTANT shall prepare contract construction plans and a preliminary cost estimate for the selected design for review by the CITY. Specifications will not be provided for this submittal. Work Element 5.1 30% Construction Plans Preparation The CONSULTANT shall prepare the construction plans to a 30% completion level. Drawing list includes 1 Traffic Signal Plan Work Element 5.2 30% Engineer's Estimate The CONSULTANT shall prepare a 30% engineer's estimate using City of Auburn standard bid items to reflect the expected construction costs for the project. 8"' Street NE and R Street NE Signal Draft Scope of Work 5/2/2007 Page 4 Work Element 5.3 30% Design Narrative The CONSULTANT shall prepare a 30 percent Design Narrative to support 30 percent PS&E review. The design narrative shall document the process used to achieve the project design. The design narrative shall describe what criteria, standards, guidance, and/or codes governed the CONSULTANT'S work, and list any deviations from standard design. The design narrative shall include or reference any additional background material necessary to describe the design solution, such as meeting minutes, letters, standard designs, reports from field investigations, environmental constraints and commitments, applicable permit requirements, and other deliverables of this scope of services, as appropriate. Work Element 5.4 30% OA/QC Conduct QA/QC reviews by senior engineers. Deliverable(s): • Three (3) %-size and two (2) full-size copies of the 30% Construction Plans • Three (3) hard copies and one (1) electronic copy of the 30% Engineer's Estimate • -Three (3) copies of the 30% Design Narrative • Attendance by the consultant project manager and engineer at a design review meeting to discuss CITY comments. WORK ELEMENT 6. 90% PS&E PREPARATION The CONSULTANT shall prepare 90% Construction Plans, Specifications and Estimate and 90% Design Narrative for the CITY's review. The CONSULTANT shall address 30% review comments. Work Element 6.1 90% Construction Plans Preparation The CONSULTANT shall prepare the construction Plans. The 90% plans shall include the following sheets: (1) Index and Vicinity Map (4) Traffic Signal Plans and Details Work Element 6.2 90% Construction Specifications The CONSULTANT shall prepare the 90% Construction Specifications based on the CITY boilerplate special provisions. The 90% Construction Specifications will also include applicable WSDOT amendments and GSP's. Stn Street NE and R Street NE Signal Draft Scope of Work 5/2/2007 Page 5 Work Element 6.3 90% Engineer's Estimate The CONSULTANT shall prepare a 90% engineer's estimate using City of Auburn standard bid items to reflect the expected construction costs for the project. The 90% estimate shall reflect the pay items and quantities as developed at the 90% stage of the project. Work Element 6.4 90% Design Narrative The CONSULTANT shall prepare a 90% Design Narrative to support 90% PS&E review and comment. The design narrative shall document the process used to achieve the revision in the project design. The design narrative for each discipline revised shall be organized to list and/or describe first what criteria, standards, guidance, and/or codes governed the CONSULTANT'S work. The design narrative for each revision shall include or reference any additional background material necessary to describe the design solution, such as meeting minutes, letters, standard designs, reports from field investigations, environmental constraints and commitments, applicable permit requirements, and other deliverables of this scope of services, as appropriate. This submittal shall include a construction schedule. Work Element 6.5 90% OA/QC Conduct QA/QC reviews by senior engineers. Work Element 6.6 Subsurface Utility Exploration Subsurface utility conflicts resolution may be required for signal pole foundations. If required, this work will be funded by the management reserve fund. Deliverable(s): • Five (5) '/2-size and two (2) full-size copies of the 90% Construction Plans • Three (3) copies of the 90% Construction Specifications • Three (3) hard copies and one (1) electronic copy of the 90% Engineer's Estimate • Three (3) copies of the 90% Design Narrative • Attendance by the CONSULTANT project manager and engineer at a design review meeting to discuss CITY comments • Subsurface Utility Exploration Report WORK ELEMENT 7. 100% CONTRACT DOCUMENT PREPARATION The CONSULTANT shall develop the 90% PS&E into a 100% Contract Document (Contract Plans and Provisions) completion level. Responses to the 90% comments shall be incorporated into the 100% Contract Documents. 8"' Street NE and R Street NE Signal Draft Scope of Work 5/2/2007 Page 6 Work Element 7.1 100% Construction Plan Preparation The CONSULTANT shall develop the 90% Construction Plans to the 100% completion level. The 100% Construction Plans, prepared by the CONSULTANT, shall include sheets listed under Work Element 12.1. Work Element 7.2 100% Contract Specifications The CONSULTANT shall update the 90% Contract Provisions to the 100% level for submittal to the CITY. Work Element 7.3 100% Engineer's Estimate The CONSULTANT shall prepare a detailed 100% level cost estimate for the project in order to request funds for construction activities, to determine a fair price for the work to be performed, and to provide a basis for evaluating contractor bids. Work Element 7.4 100% Design Narrative The CONSULTANT shall revise and update the 90% PS&E Phase Design Narrative to reflect the 100% design revisions. Work Element 7.5 100% QA/QC Conduct QA/QC reviews by senior engineers. Deliverable(s): • Five (5) 'h-size and two (2) full-size copies of the 100% Construction Plans • Three (3) copies of the 100% Contract Provisions • Three (3) hard copies and one (1) electronic copy of the 100% Engineer's Estimate • Three (3) copies of the 100% Design Narrative • Attendance by the CONSULTANT project manager and engineer at a design review meeting to discuss CITY comments WORK ELEMENT 8. FINAL REVISIONS Work Element 8.1 PS&E Final Submittal The CONSULTANT shall make minor revisions to the Plans, Specifications and Estimate to incorporate the 100% review comments. The final Contract Plans will include all complete drawings with the CONSULTANT'S engineering stamp, date and signature. The Contract Provisions document will be complete and be ready to use during bid advertisement. The CONSULTANT shall also prepare a final Engineer's Estimate of probable construction cost. 8`° Street NE and R Street NE Signal Draft Scope of Work 5/2/2007 Page 7 The CONSULTANT shall not make any further changes to the documents without approval of the CITY. This effort is assumed as a minor effort to address minor plan and specification issues. Design changes are not provided for this submittal. Deliverable(s): • One (1) full-size paper copy of the Final Contract Drawings for CITY review prior to printing full-size mylar drawings • One (1) full-size (on 4 mil Mylar) copy and one (1) electronic copy (AutoCAD) of the Final Contract Drawings • One (1) unbound, camera ready, copy and one (1) electronic copy of the Final Contract Provisions • One (1) hard copy and one (1) electronic copy of the Final Engineer's Estimate. 8"' Street NE and R Street NE Signal Draft Scope of Work 5/2/2007 Page 8 Exhibit B DBE Participation This Agreement does not have a DBE Participation requirement. AG-C-292 Exhibit B Page 1 of 1 8~h St NE and R St NE Signal DBE Participation 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: Text Documents -Microsoft Word, Version 1997 or later 2. Spreadsheet Documents -Microsoft Excel, Version 1997 or later 3. Project Schedules -Microsoft Project, Version 2002 or later 4. Construction Drawings - AutoCAD Version 2006 -__ - AG-C-292 Exhibit C Page 1 of 1 8~h St NE and R St NE Signal Electronic Exchange of Engineering and Other Data Exhibit D-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 performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 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 terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal 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 of the 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 firm's fiscal year, an overhead schedule in the format 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 information 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 information is received and an overhead rate for billing purposes is approved. AG-C-292 Exhibit D-2 Page 1 of 3 8~h St NE and R St NE Signal Payment (Cost Plus a Fixed Fee) 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, if they so desire. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and 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 CONSULTANT 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 of this 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." 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 akeady defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XN, "Extra Work." 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 format approved by the AGENCY and AG-C-292 Exhibit D-2 Page 2 of 3 8~h St NE and R St NE Signal Payment (Cost Plus a Fixed Fee) 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. AG-C-292 Exhibit D-2 Page 3 of 3 8~h St NE and R St NE Signal Payment (Cost Plus a Fixed Fee) Exhibit E Consultant Fee Determination Project: CITY OF AUBURN 8th Street NE and R Street NE Signal INCA Engineers Fee Estimate DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Manager/Sr. Supervising Engineer 64 50.00 $3,200.00 2. Project Engineer/Senior Engineer 198 48.00 $9,504.00 3. Staff Engineer 2 38.00 $76.00 4. CADD /Technical Support 98 29.00 $2,842.00 5. Clerical 12 25.00 $300.00 SUBTOTAL -DSC 374 $15,922.00 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 160.66% X $15,922.00 $25,580.29 FIXED FEE (FF): FF Rate = 10% X ($15,922.00 + $25,580.29) $4,150.23 REIMBURSABLES: Mileage (350 Miles X 0.485/mile) $169.75 Courier $80.00 $249.75 SUBTOTAL $45,902.26 SUBCONSULTANTS $0.00 GRAND TOTAL -ESTIMATED FEE $45,902.26 Prepared By: Sandy Glover, PE, PMP Date Checked By: Ming Wang, PE Date 2/1 /2007 2/1 /2007 AG-C-292 Exhibit E Consultant Fee Determination Page 1 of 2 8th St NE and R St NE Signal Exhibit E Consultant Fee Determination CITY OF AUBURN 8th Street NE and R Street NE Signal INCA Engineers Fee Estimate MAJOR TASK DESCRIPTION Project Manager Project En ineer Staff Engineer Tech. Support Clerical TOTAL 1.0 Project Management 1.1 Work Plan 6 4 10 1.2 Project Kickoff Meeting 3 3 6 1.3 Monthly Progress Reports and Invoices 4 4 8 1.4 Project Coordination 1.4.1 Team Coordination 4 4 4 12 1.4.2 Bi-Monthly Progress Meetings 9 9 18 1.4.3 End-of-Week Communications 4 4 2.0 Data Collection and Review 2.1 Review and Analyze Existing Data 2 4 6 3.0 Utility Coordination Assistance 3.1 Utility Coordination 2 2 4.0 Conceptual Design 4.1 Conceptual Design 4 12 16 5.0 30% PS&E Preparation 5.1 30% Construction Plans Preparation 4 24 24 52 5.2 30% Engineer's Estimate 6 6 5.3 30% Design Narrative 6 6 5.4 30% QA/QC 4 4 6.0 90% PS$E Preparation 6.1 90% Construction Plans Preparation 4 60 40 104 6.2 90% Construction Specifications 2 24 4 30 6.3 90% Engineer's Estimate 2 2 6.4 90% Design Narrative 2 2 6.5 90% QA/QC 8 8 6.6 Subsurface Utility Exploration 7.0 100% Contract Document Preparation 7.1 100% Construction Plan Preparation 24 24 48 7.2 100% Contract Provisions 8 8 7.3 100% Engineer's Estimate 2 2 7.4 100% Design Narrative 2 2 7.5 100% QA/OC 4 4 8.0 Final Revisions 8.1 PS&E Final Submittal 2 6 6 14 TOTAL ALL TASKS 64 198 2 98 12 374 AG-C-292 Exhibit E Consultant Fee Determination Page 2 of 2 8th St NE and R St NE Signal ~3~i b ~ 1 G 4 . ~ v . 2_. Organization and Address Supplemental Agreement # 1 INCA Engineers, Inc. 400 112th Ave NE, Suite 400 Bellevue, WA 98004 Attn: Sand Glover Agreement Number Phone 425.635.1000 AG-C-292 Project Number Federal Aid Number STPH-1088(004) CP0701 Project Title New Maximum Amount Payable Stn St NE and R St NE Signal $92,802.61 Description of Work This project will construct a new traffic signal at the intersection of 8th St NE and R St NE in Auburn, Washin ton. The Local Agency of the City of Auburn desires to supplement the agreement entered into with INCA Engineers Inc. and executed on May 17, 2007 and identified as Agreement No. 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 I, SCOPE OF WORK, is hereby changed as follows: Supplementary services are required to address the additional work associated with the design of a mid- block half signal including a U-turn/Bus turn-out lane a retaining wall sidewalks and channellzation. Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31 2008 Section V, PAYMENT, shall be amended as follows: Additional payment for the project is authorized by this Supplemental Agreement as set forth in the attached Exhibit B and by this reference made a part of this supplement 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 may: Pet r B. L ~~ ~ a or ~- Approving Authority Signature DEC 2 0 2ooa Date AG-C-292 Supplemental Agreement #1 8`h St NE and R St NE Signal EXHIBIT A SCOPE OF SERVICES During the term of this AGREEMENT, INCA Engineers, Inc. (CONSULTANT) shall perform professional services for the City of Auburn (CITY) in connection with the following project: Project AG-C-292 Stn Street NE and R Street NE Signal Supplemental Agreement No. 1 PROJECT DESCRIPTION The purpose of the 8th Street NE and R Street NE Signal project is to prepare contract documents for the installation of a traffic signal at the intersection of R Street NE and Stn Street NE for accident reduction. The intersection warrant analysis was completed by the CITY and a signal is warranted based on accident data. This scope of work includes signal design. Utility coordination for traffic signal/ illumination power and as-builts, right-of--way acquisition and SEPA and NEPA documentation will be completed by the CITY. Federal funds will be used for this project. The schedule is assumed to be 4-6 months. Addendum No. 1 is for additional work for the inclusion of a U-Turn/ bus pullout and additional signal for its control. It is assumed that the bus shelter will not require relocation. Assumptions: • The CITY will conduct utility coordination • The CITY will conduct field survey and basemapping • The CITY will prepare and obtain environmental documentation. • The CITY will conduct appraisals and review appraisals • The CITY will provide title reports • The CITY will conduct all property owner meetings. • No open houses will be conducted. • Additional traffic counts are not required • Use worst case conditions for WSDOT table for signal pole foundation design. Geotechnical studies will not be required. • If required, potholing will be provided for out of the management reserve fund. AG-C-292 Supplemental Agreement #1 8`h St NE and R St NE Signal DESIGN STANDARDS AND REFERENCES The following design standards and references are to be followed during the development of the project: • City of Auburn Design Standards and Standard Details • City of Auburn Construction Details and Construction Standards • WSDOT Local Agency Guidelines (LAG) • WSDOT Standard Specifications for Road, Bridge and Municipal Construction • City of Auburn Standard Specifications • WSDOT Standard Plans as required • City of Auburn AutoCAD Standards • WSDOT Environmental Procedures Manual The CONSULTANT shall prepare all drawings using AutoCAD 2006. Project schedules shall be prepared using Microsoft Project (version 2002) or later, spreadsheets in Microsoft Excel (version 1997 or later), and text documents in Microsoft Word (version 1997 or later). All plans will be completed at a 20:1 scale. Full-sized plan sheets will be provided at 22"x34", and half-sized at 11 "x 17". WORK ELEMENT 1. PROJECT MANAGEMENT The CONSULTANT shall manage the project work elements to control costs, maintain schedule, and provide quality products appropriate to the goals and completion Addendum No. 1. Subtasks include the following: Work Element 1.2 Project Kickoff Meeting and Additional Meetings Participate in additional project meetings for the inclusion of the U-turn and bus pullout. The CONSULTANT shall prepare and distribute the meeting notice, agenda, and minutes. Deliverable(s): • Meeting notice, agenda, and minutes Work Element 1.4 Project Coordination Provide additional coordination as required for the U-turn and bus pullout. Work Element 1.4.1 Team Coordination The CONSULTANT shall coordinate as required with design team members and the CITY as needed to discuss project status, elements of the work plan, and to discuss progress of the design and resolve project issues. AG-C-292 Supplemental Agreement #1 8~h St NE and R St NE Signal WORK ELEMENT 2. DATA COLLECTION AND REVIEW Work Element 2.1 Review and Analyze Existing Data The CONSULTANT shall obtain, review and analyze existing data including existing street as- builts, and signal warrants, accident information, additional base mapping, and right of way information and other information as available for the inclusion of the U-turn/ bus pullout. WORK ELEMENT 3. UTILITY COORDINATION ASSISTANCE Work Element 3.1 Utility Coordination The CITY will obtain as-builts from the utilities. The CONSULTANT shall revise the basemap with utility information based on the as-builts and will review to consolidate with utility survey pickups completed by the CITY. The CONSULTANT shall identify potential utility impacts with the U -turn/ bus pullout and eliminate or mitigate them. The CITY will coordinate with PSE for power for the signal/ illumination systems. WORK ELEMENT 4. Conceptual Design Work Element 4.1 Conceptual Design The CONSULTANT shall prepare up to three conceptual designs of the U-turn/ bus pullout, traffic signals and the retaining wall for CITY approval prior to developing contract plans. The CONSULTANT shall also develop pros and cons for each alternative for discussion purposes. The CONSULTANT will participate in review meeting at the CITY if required, and prepare meeting agenda an minutes. Deliverables: • Three (3) copies of the conceptual designs with pros and cons WORK ELEMENT 5. 30% PLANS AND ESTIMATE PREPARATION The CONSULTANT shall prepare contract construction plans and a preliminary cost estimate for the selected design of the U-Turn/ bus pullout, associated traffic signals and retaining wall for review by the CITY. Specifications will not be provided for this submittal. Work Element 5.1 30% Construction Plans Preparation The CONSULTANT shall prepare the construction plans to a 30% completion level. Total Drawing list includes 2 Existing Site Conditions with Utilities 2 Channelization Plans 2 Traffic Signal Plan AG-C-292 Supplemental Agreement #1 8~h St NE and R St NE Signal Work Element 5.2 30% Engineer's Estimate The CONSULTANT shall prepare a 30% engineer's estimate using City of Auburn standard bid items to reflect the expected construction costs for the project. Work Element 5.3 30% Design Narrative The CONSULTANT shall prepare a 30 percent Design Narrative to support 30 percent PS&E review. The design narrative shall document the process used to achieve the project design. The design narrative shall describe what criteria, standards, guidance, and/or codes governed the CONSULTANT'S work, and list any deviations from standard design. The design narrative shall include or reference any additional background material necessary to describe the design solution, such as meeting minutes, letters, standard designs, reports from field investigations, environmental constraints and commitments, applicable permit requirements, and other deliverables of this scope of services, as appropriate. Work Element 5.4 30% QA/QC Conduct QA/QC reviews by senior engineers. Deliverable(s): • Three (3) 1/2-size and two (2) full-size copies of the 30% Construction Plans • Three (3) hard copies and one (1) electronic copy of the 30% Engineer's Estimate • Three (3) copies of the 30% Design Narrative • Attendance by the consultant project manager and engineer at a design review meeting to discuss CITY comments. WORK ELEMENT 6. 90% PS&E PREPARATION The CONSULTANT shall prepare 90% Construction Plans, Specifications and Estimate and 90% Design Narrative including the U-turn and Bus Pullout for the CITY's review. The CONSULTANT shall address 30% review comments. Work Element 6.1 90% Construction Plans Preparation The CONSULTANT shall prepare the construction Plans. The Total 90% plans shall include the following sheets: (1) Index and Vicinity Map (1) Roadway Sections (1) Temporary Erosion and Sediment Control Plan (1) Demolition, Paving and Drainage Plan (3) Channelization Plans (5) Signal Plans (2) Retaining Wall Plan, Profile and Section (1) Structural Sidewalk AG-C-292 Supplemental Agreement #1 8`h St NE and R St NE Signal Work Element 6.2 90% Construction Specifications The CONSULTANT shall prepare the 90% Construction Specifications based on the CITY boilerplate special provisions. The 90% Construction Specifications will also include applicable WSDOT amendments and GSP's. Work Element 6.3 90% Engineer's Estimate The CONSULTANT shall prepare a 90% engineer's estimate using City of Auburn standard bid items to reflect the expected construction costs for the project. The 90% estimate shall reflect the pay items and quantities as developed at the 90% stage of the project. Work Element 6.4 90% Design Narrative The CONSULTANT shall prepare a 90% Design Narrative to support 90% PS&E review and comment. The design narrative shall document the process used to achieve the revision in the project design. The design narrative for each discipline revised shall be organized to list and/or describe first what criteria, standards, guidance, and/or codes governed the CONSULTANT'S work. The design narrative for each revision shall include or reference any additional background material necessary to describe the design solution, such as meeting minutes, letters, standard designs, reports from field investigations, environmental constraints and commitments, applicable permit requirements, and other deliverables of this scope of services, as appropriate. This submittal shall include a construction schedule. Work Element 6.5 90% QA/QC Conduct QA/QC reviews by senior engineers. Work Element 6.6 Subsurface Utility Exploration Subsurface utility conflicts resolution may be required for signal pole foundations. If required, this work will be funded by the management reserve fund. Deliverable(s): • Five (5) '/z-size and two (2) full-size copies of the 90% Construction Plans • Three (3) copies of the 90% Construction Specifications • Three (3) hard copies and one (1) electronic copy of the 90% Engineer's Estimate • Three (3) copies of the 90% Design Narrative • Attendance by the CONSULTANT project manager and engineer at a design review meeting to discuss CITY comments • Subsurface Utility Exploration Report AG-C-292 Supplemental Agreement #1 8~h St NE and R St NE Signal WORK ELEMENT 7. 100% CONTRACT DOCUMENT PREPARATION The CONSULTANT shall develop the 90% PS&E into a 100% Contract Document (Contract Plans and Provisions) completion level. Responses to the 90% comments shall be incorporated into the 100% Contract Documents. Work Element 7.1 100% Construction Plan Preparation The CONSULTANT shall develop the 90% Construction Plans to the 100% completion level. The 100% Construction Plans, prepared by the CONSULTANT, shall include sheets listed under Work Element 12.1. Work Element 7.2 100% Contract Specifications The CONSULTANT shall update the 90% Contract Provisions to the 100% level for submittal to the CITY. Work Element 7.3 100% Engineer's Estimate The CONSULTANT shall prepare a detailed 100% level cost estimate for the project in order to request funds for construction activities, to determine a fair price for the work to be performed, and to provide a basis for evaluating contractor bids. Work Element 7.4 100% Design Narrative The CONSULTANT shall revise and update the 90% PS&E Phase Design Narrative to reflect the 100% design revisions. Work Element 7.5 100% QA/QC Conduct QA/QC reviews by senior engineers. Deliverable(s): • Five (5) '/2-size and two (2) full-size copies of the 100% Construction Plans • Three (3) copies of the 100% Contract Provisions • Three (3) hard copies and one (1) electronic copy of the 100% Engineer's Estimate • Three (3) copies of the 100% Design Narrative • Attendance by the CONSULTANT project manager and engineer at a design review meeting to discuss CITY comments AG-C-292 Supplemental Agreement #1 8`h St NE and R St NE Signal WORD ELEMENT 8. FINAL REVISIONS Work Element 8.1 PS&E Final Submittal The CONSULTANT shall make minor revisions to the Plans, Specifications and Estimate to incorporate the 100% review comments. The final Contract Plans will include all complete drawings with the CONSULTANT's engineering stamp, date and signature. The Contract Provisions document will be complete and be ready to use during bid advertisement. The CONSULTANT shall also prepare a final Engineer's Estimate of probable construction cost. The CONSULTANT shall not make any further changes to the documents without approval of the CITY. This effort is assumed as a minor effort to address minor plan and specification issues. Design changes are not provided for this submittal. Deliverable(s): • One (1) full-size paper copy of the Final Contract Drawings for CITY review prior to printing full-size mylar drawings • One (1) full-size (on 4 mil Mylar) copy and one (1) electronic copy (AutoCAD) of the Final Contract Drawings • One (1) unbound, camera ready, copy and one (1) electronic copy of the Final Contract Provisions • One (1) hard copy and one (1) electronic copy of the Final Engineer's Estimate. AG-C-292 Supplemental Agreement #1 8~h St NE and R St NE Signal Exhibit B SUMMARY OF PAYMENTS Basic Agreement Agreement Supplement #1 Total Total Consultant Cost $ 41,752.03 $ 33,568.48 $ 75,320.51 Fixed Fee $ 4,150.23 $ 3,331.87 $ 7,482.10 Total Amount Authorized $ 45,902.26 $ 36,900.35 $ 82,802.61 Management Reserve Fund $ 10,000.00 $ 0.00 $ 10,000.00 Total Amount Payable $ 55,902.26 $ 36,900.35 $ 92,802.61 AG-C-292 Supplemental Agreement #1 8th St NE and R St NE Signal A =-1 (G.q Organization and Address Supplemental Agreement # 2 INCA Engineers, inc. 400 112th Ave NE, Suite 400 Bellevue, WA 98004 Attn: Sandy Glover Agreement Number Phone AG-C-292 425.635.1000 Project Number Federal Aid Number CP0701 STPH-1088 004) Project Title New Maximum Amount Payable 8tn St NE and R St NE Signal $92,802.61 Description of Work This project will construct a new traffic signal at the intersection of 8th St NE and R St NE in Auburn, Washington. The Local Agency of the Citv of Auburn desires to supplement the Agreement entered into with INCA Enqineers, Inc. and executed on Mav 17, 2007 and identified as Agreement No. AG-C-292 All provisions in the basic Agreement remain in effect except as expressly modified by this supplement, and Supplement #1 executed on January 3, 2008. 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: December 31. 2009 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: By: P er B. Le ' or ~ provi g Authority Signature DEC 15 2008 Date AG-C-292 Supplemental Agreement #2 8Ih St NE and R St NE Signal Project cV•fc-.Z Organization and Address Supplementai Agreement # 3 INCA Engineers, inc. 400 112th Ave NE, Suite 400 Bellevue, WA 98004 Attn: Sand Glover Agreement Number Phone 425.635.1000 AG-C-292 Project Number Federal Aid Number STPH-1088(004) CP0701 Project Title New Maximum Amount Payable 8tn St NE and R St NE Signal $121,024.90 Description of Work This project will construct a new traffic signal at the intersection of 8'h St NE and R St NE in Auburn, Washin ton. The Local Agency of the City of Auburn desires to supplement the agreement entered into with INCA Enqineers, Inc. and executed on Mav 17, 2007 and identified as Agreement No. AG-C-292. All provisions in the basic agreement remain in effect except as expressly modified by Supplement #1 executed on January 3, 2008, Supplement #2 executed on January 5, 2009, and this supplement. The changes to the agreement are described as follows: Section I, SCOPE OF WORK, is hereby changed as follows: Supplementarv services are reauired to address additional work associated with revisinq the contract drawinqs to incorporate the re-channelization of 8"' St NE, ITS expansion and fiber optic underqroundinq, and relocatinq the traffic siqnal pole at the SE corner of the intersection to within the existinq riqht-of-wav, all as identified in the attached Exhibit A, and bv this reference made a part of this supplement. Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31, 2010 Section V, PAYMENT, sha►I be amended as follows: Additional pavment for the proiect is authorized bv this Supplemental Aareement as set forth in the attached Exhibit B and by this reference made a part of this supplement. 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: By: Pe r B. Le is r proving Authority Signature Zc, cl, Date AG-C-292 Supplemental Agreement #3 81h St NE and R St NE Signal EXHIBIT A SCOPE OF SERVICES During the term of this AGREEMENT, INCA Engineers, Inc. (CONSULTANT) shall perform professional services for the City of Auburn (CITY) in connection with the following project: Project AG-C-292 8rh Street NE and R Street NE Signal This amendment scope of work is to revise the plans to accommodate the City planned revisions to channelization on 8th Street NE. Assumptions: 1. The new lane configurations on 8th Street NE will consist of 2 eastbound through lanes, 1 two-way left turn lane or left turn lane, and one westbound through lane. 2. The new channelization plan will be in place by the time the signal project is to commence. Therefore, the new channelization plan will be treated as existing conditions for the signal contract. 3. The City will provide basemap and utility locations along 8th Street to M Street for the ITS extension 4. The City will provide as-built information for the M Street/ 8`h Street intersection for ITS WORK ELEMENT 1. PROJECT MANAGEMENT Work Element 1.3 Monthly Pro2ress Reports and Invoices Prepare and submit a monthly progress report and invoice for the additional work. Earned Value reports will not be set up or submitted for this project. Deliverable(s): • Monthly Progress Reports • Monthly Invoices Work Element 1.4 Proiect Coordination The CONSULTANT shall provide additional coordination as required for the rechannelization of 8tn Street NE. Work Element 1.4.1 Team Coordination The CONSULTANT shall coordinate as required with design team members and the CITY as needed to discuss project status, elements of the work plan, and to discuss progress of the design and resolve project issues related to the rechannelization and 100% Plans Revisions. AG-C-292 Supplemental Agreement #3 8 'h St NE and R St NE Signal Work Element 1.5 Change Management Provide coordination, scopes and estimated fees for additional work. WORK ELEMENT 7. 100% CONTRACT DOCUMENT PREPARATION The CONSULTANT shall revise the 100% Contract Plans and prepare a revised basemap for the rechannelization of 8th Street NE. Work Element 7.1 100% Construction Plan Preparation The CONSULTANT shall revise the 100% Contract Plans for the rechannelization of 8`h Street NE. These revisions include a revised basemap with a modified striping, paving plan, updated traffic island geometry and curve data table, modified signal display locations and mast arm length and revised details. The revisions also include the exploration of the signal system reconfiguration alternatives in the SE corner of the intersection; revise signal layout, wire schedule, construction notes and signal standard plan as a result; and incorporate the ITS expansion and fiber optic undergrounding to M Street/ 8th Street intersection. The 100% Construction Plans to be revised are as follows: • Site Prep & TESC (2) • Paving Plan (2) • I/S Geometry and Details • Channelization and Signing Plan • Signal Plan (2) • Signal Standard Detail • ITS Routing Schematic (2) • ITS Details (2) Work Element 7.3 100% Engineer's Estimate The CONSULTANT shall revise the 100% level cost estimate to accommodate the plan revisions detailed in Work Element 7.1 Work Element 7.5 100% QA/QC The Consultant shall conduct QA/QC reviews by senior engineers. WORK ELEMENT 8. FINAL REVISIONS Work Element 8.1 PS&E Final Submittal The CONSULTANT shall make minor revisions to the Plans, Specifications and Estimate to incorporate the 100% review comments based on all revisions. AG-C-292 Supplemental Agreement #3 8 St NE and R St NE Signal WORK ELEMENT 9. ADDITIONAL ITS WORK Work Element 9.1 Additional ITS Work The CONSULTANT performed additional ITS work to achieve the current 100% submittal that was not accommodated in the $10,000 Management reserve fee allotted. WORK ELEMENT 10. ADDITIONAL REVIEW CYCLE Work Element 10.1 Additional ITS Work It is anticipated with the amount of changes at the 100% level, that an additional review cycle may be required. The CONSULTANT will review and address comments provided by the City. AG-C-292 Supplemental Agreement #3 8 St NE and R St NE Signal Exhibit B SUMMARY OF PAYMENTS Basic Supplement Supplement Supplement Agreement Agreement #1 #2 #3 Total Total Consultant Cost $ 41,752.03 $ 33.568.48 $ 0.00 $ 25,656.63 $ 100,977.14 Fixed Fee $ 4,150.23 $ 3,331.87 $ 0.00 $ 2,565.66 $ 10,047.76 Total Amount Authorized $ 45,902.26 $ 36,900.35 $ 0.00 $ 28,222.29 $ 111,024.90 Management Reserve Fund $ 10,000.00 $ 0.00 $ 0.00 $ 0.00 $ 10,000.00 Totai Amount Payable $ 55,902.26 $ 36,900.35 $ 0.00 $ 28.222.29 $ 121,024.90 AGG292 Supplemental Agreement #3 8 'h St NE and R St NE Signal ~ i c. . g Organization and Address Supplemental Agreement # 4 INCA Engineers, inc. 400 112th Ave NE, Suite 400 Bellevue, WA 98004 Attn: Sand Glover Agreement Number Phone 425.635.1000 AG-C-292 Project Number Federal Aid Number STPH-1088(004) CP0701 Project Title New Maximum Amount Payable 8tn St NE and R St NE Signal $145,944.38 Description of Work This project will construct a new traffic signal at the intersection of 8th St NE and R St NE in Auburn, Washin ton. The Local Agency of the Citv of Auburn desires to supplement the agreement entered into with INCA EnQineers, Inc. and executed on Mav 17. 2007 and identified as Agreement No. AG-C-292. All provisions in the basic agreement remain in effect except as expressly modified by Supplement #1 executed on January 3, 2008, Supplement #2 executed on January 5, 2009, Supplement #3 executed on December 7, 2009 and this supplement. The changes to the agreement are described as follows: Section I, SCOPE OF WORK, is hereby changed as follows: Additional scope of services for the proiect as identified in the attached Exhibit A, and by this reference made a part of this supqlement. Section V, PAYMENT, shall be amended as follows: Additional pavment for the proiect is authorized by this Supplemental Aqreement as set forth in the attached Exhibit B and bv this reference made a part of this supplement. 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: Sand Glo er INCA En ineers By: Pet r B. L is Corsu tant Signature Approving Authority Signature 1 la Date Date AG-C-292 Supplemental Agreement #4 8th St NE and R St NE Signal EXHIBIT A SCOPE OF SERVICES During the term of this AGREEMENT, INCA Engineers, Inc. (CONSLTLTANT) shall perform professional services for the City of Auburn (CITY) in connection with the following project: Project AG-C-292 8tn Street NE and R Street NE Signal This amendment # 4 scope of work is to revise the plans based on additional comments received, QA/QC specification revisions, produce Mylars and add construction support to the contract. WORK ELEMENT 11. ADDITIONAL PLAN REVISIONS Revisions were required based on a 100% review that were larger than anticipated due to a full traffic review conducted by the CITY on the 100% plan. These comments included: • Signal Phasing Revisions: WSDOT standards were used for the signal phasing during the two year design effort of this signal system. WSDOT guidelines were used based on a conversation with the CITY for what to use on the A Street Extension project, where it was identified that WSDOT standards were to be used for the signal. CITY design standards document does not have the phasing used by the CITY; this was provided at the 100% review meeting. Comments provided by the CITY prior to the review meeting did not address this. • Protected/ Permissive Movement Revisions: During the 100% review meeting, it was decided to provide protected/ permissive movement for the westbound to southbound left turn movement. This effected signal head assignments, the wiring diagram, and the pole schedule plans. • Basemap/ Existing Striping: Another comment included a change to the existing striping as the proposed striping, affecting the basemap. • Additional Comments: There were also additional comments for signing, lumination, ITS, and construction notes, that were not commented on at an earlier stage. WORK ELEMENT 12. QA/QC SPEC REVISIONS The CONSULTANT shall QA/QC the specifications based on revisions by the CITY to update to the 2010 WSDOT Standard Specifications book. WORK ELEMENT 13. CONSTRUCTION SUPPORT The CONSULTANT shall provide design support during construction to prepare addendums, respond to Requests For Information (RFIs), review of material submittals far compliance with contract documents, prepare change orders as necessary, and provide record drawings based on AG-C-292 Supplemental Agreement #4 8th St NE and R St NE Signal red lines provided by the CITY. The CITY will provide inspection services and construction administration. • Prepare addendums • Address construction questions as they arise. • Respond to Contractor RFI's as they arise. • Review material submittals • Prepare change orders if necessary • Prepare Record ("as-built") Drawing and transmit stamped and signed mylar originals and digital files to the CITY. The CITY will provide inspector's reports, 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 hand drafted changes to the original inylar drawings and electronic copies of the changes in AutoCAD 2009 format. The amount of work for each of the above tasks shall be limited to the number of "hours" identified of each task in the attached Exhibit A. Any effort required above and beyond the hours identified in Exhibit A will require an additional budget amendment. AG-C-292 Supplemental Agreement #4 8`h St NE and R St NE Signal Exhibit B SUMMARY OF PAYMENTS Basic Supplement Supplement Supplement Supplement Agreement Agreement #1 #2 #3 #4 Total Total $ 41,752.03 $ 33,568.48 $ 0.00 $ 25,656.63 $ 22,681.35 $ 123,658.49 Consultant Cost Fixed Fee $ 4,150.23 $ 3,331.87 $ 0.00 $ 2.565.66 $ 2,238.13 $ 12,285.89 Total Amount $ 45,902.26 $ 36,900.35 $ 0.00 $ 28,222.29 $ 24,919.48 $ 135,944.38 Authorized Management $ 10,000.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 10,000.00 Reserve Fund Total Amount $ 55,902.26 $ 36,900.35 $ 0.00 $ 28,222.29 $ 24,919.48 $ 145,944.38 Payable AG-C-292 Supplemental Agreement #4 8Ih St NE and R St NE Signal