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Home My WebLink AboutEarth Tech AG-C-214 Local Agency Standard Consultant Agreement ConsultanUAddressfT elephone Earth Tech 10800 Northeast 8th Street, Seventh Floor Bellevue, W A 98004 425-455-9494 Agreement Number AG-C-214 D Lump Sum Lump Sum Amount $ 181 Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method o Actual Cost ~ Actual Cost Not To Exceed ~ Fixed Rate Fixed Fee $ 2,001.55 _. Project Title And Work Description A- Street SW Loop This project will design and construct a road between Division and A St SW. It will include storm drainage, lighting, sidewalks/gutters, landscaping and irrigation. Federal Aid Number STPUL-I065(006) - Agreement Type (Choose one) % DBE Participation o Yes ~ No % 30 WBE Participation o Yes ~ No I __________ I "..", " ,"m",,", "'"" -., 'om"" % Do you require a 1099 for IRS? -I Compl,"t!on Date o Yes ~ No : April 30, 2004 ; I _________ ~al Amount Authorized $ _ 20,152.19 Management Reserve Fund $ 1,000.00 % 150.69 % ----..- o Specific Rates Of Pay o Negotiated Hourly Rate o Provisionai Hourly Rate ---- .--- o Cost Per Unit of Work Maximum Amount Payable $ 21,152.19 THIS AGREEMENT, made and entered into this 2-\ ~_ day of November 2003 between the Local Agency of City of Auburn , Washington, hereinafter ,:alied the "AGENCY" , and the above organization hereinafter calied 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 foliows: DOT Form 140-0ag EF Revised 12/99 Page 1 of 8 - - - -.--.---.-.............-.-------- I GENERAL DESCRIPTION OF WORK The work under this AGREEMENT shali 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 ali 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 project level of effort for this project is detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. III GENERAL REQUIREMENTS AIi aspects of coordination of the work of this AGREEMENT, with outside agencies, groups or individuals shali receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups or individuals shall be coordinated through the AGENCY, The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Federal, Community, State, City or County officials, groups or individuals as may be requested by the AGENCY, The AGENCY wili provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation, The minimum number of hours or days notice - required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "B" attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that 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. Goals for Disadvan- taged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT, All reports, PS&E materials, and other data, furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT and are 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 und"r this AGREEMENT shall be completed by Ihe 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 CONSUL T- ANT, but may be extended by the AGENCY, in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rend,ered under this AGREEMENT as provided in Exhibit "C" attached hereto, and by this reference made p~lrt of this AGREEMENT. Such payment shall bE! full compen- sation for work peñormed or services rendered and for all labor, materiais, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Wor~:". The CONSULTANT shall conform with ali appiicable portions of 48 CFR 31, Page 2 of 8 VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, at- tached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant 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 subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shali not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has 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 consider- ation, 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 discre- tion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all empioyees 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 mayor might arise under any Workmen's compens,ation Act on behalf of said empioyees 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 otller 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 technicall personnel who are, or have been, at any time during 'the period of the contract, in the employ of the United States Depart- ment ofTransportation, the STATE, 01" the AGENCY, except regularly retired employees, without written consent of the public employer of such person, VIII NONDISCRIMINA 110N The CONSULTANT agrees not to discriminate against any client, employee or applic'ant for empioy- ment or for services because of race, Icreed, color, national origin, marital status, sex, agEl or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employ- ment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or terminations, rates of payor other forms of compensation. selection for training, rendition of services. The CONSUL T- ANT understands and agrees that if it violates this provision, this AGREEMENT may be tIJrminated by the AGENCY and further that the CONSULTANT shall be barred from perfonming any se,rvices for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discrimina- tory practices have terminated and that recurrence of such action is unlikely, During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regula- tions relative to nondiscrimination in the same manner as in Federal-assisted programs of the Page 3 of a Department of Transportation, Title 49, Code of Federal Regula~ons. Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorpo- rated by reference and made a part of this AGREEMENT. The consultant shall comply with the American Disabilities Act of 1992, as amended. B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational quaiification in the selec- tion and retention of subconsultants, including procurements of materials and leases of equip- ment The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regulations, C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERI- ALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or suppiier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap, D. INFORMATION AND REPORTS: The CONSULTANT shali provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compiiance with such Regulations or directives. Where any information required of the CONSULTANT is in the exciu- sive possession of another who fails or refuses to furnish this information the CONSIJL TANT shall so certify to the AGENCY, or the United States Department of Transportation as ~Ippropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federall Highway Administration may determine to be appropriate, including, but not limited to: 1, Withholding of payments to the CONSUL T- ANT under the AGREEMENT until the CONSULTANT complies, and/or 2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CON- SULTANT shall take such action with respect to any subconsultant or procurement as the AGENCY or the Federal Highway Administra- tion may direct as a means of enforcing such provisions including sanctions for !noncompli- ance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sLlbconsultant or supplier as a result of such direction, the CON- UL TANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to Einter into SLlch litigation to protect the interests of the United States, G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with HCW 49.60.180. Page 4 of 8 . ---. ----~--_.._--- IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten 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 F for the type of AGREEMENT used. No payment shall be made for any work compieted after ten days following receipt by the CONSUL T- ANT of the Notice to terminate, If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that wouid be due computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CON- SUL TANT, 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 CONSUL T- ANT in performing the work to the date of termination, the amount of work originaliy required which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is usabie 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 per- formed at the time of termination. Under no circumstances shali payment made under this subsec- tion exceed the amount which would have been made using the formula set forth in the previous paragraph, If it is determined for any reason that the CONSUL T- ANT was not in defauit or that the CONSULTANT's failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervi- sory personnel assigned to the projec:t, 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 compiete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not b.. 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 ofthe parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY's concur- rence, 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 rernedies of any type it may have against the CON- SUL TANT for any breach of this AGREEMENT by the CONSULTANT, or for failure ofth.. CONSULT- ANT to perform work required of it by the AGENCY, Forbearance of any rights under the AGREEMENT will not constitute waiv." of entitle- ment 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 additionai compensation thereof. Should the AGI:,NCY 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 Wmk and will be paid for as herein provided under Section XIV. Page 5 of 8 XI DISPUTES Any dispute concerning questions of fact in connec- tion 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. 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 Washing- ton, situated in the county the AGENCY is iocated in. The parties hereto agree that all questions shall be resolved by appiication of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accor- dance 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 in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local iaws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington, The CONSULTANT shall indemnify and hoid the AGENCY and the STATE, and their officers and employees harmiess 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 and the STATE against and hold harmless the AGENCY and the STATE from ciaims, demands or suits based solely upon the conduct of the AGENCY and the ST,A,TE, 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 and 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 and the STATE of defending such claims and suits, etc. shall be valid and enforce- abie only to the extent of the CONSU L T ANT's negligence or the negiigence 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 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. The CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. 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 an acceptable, supplemental agreement, the CONSULTANT shall provide on-call assistance to the AGENCY during contract adminis- tration, 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 other- wise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Page 6 of 8 ~--_._--_._.._----_._-- Insurance Coverage A Worker's compensation and employer's liability insurance as required by the STATE B. General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Doilars ($1,000,000.00) for bodiiy injury, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shail furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT, The AGENCY reserves the right to require complete, certified copies of ail 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 shail submit a verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shail 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 doilars, whichever is the greater unless modified by Exhibit H. in no case shail the CONSULTANT's professional liability to third parties be limited in any way. The AGENCY wiil pay no progress payments under Section V until the CONSULTANT has fuily complied with this section, This remedy is not exciu- sive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in iaw. 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 othl!r terms and conditions of the AGREEMENT, th,e AGENCY shail make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion scheduie, or both; and (3) other affected terms and shail modify the, AGREE- MENT accordingly. C, The CONSULTANT must submit its "request for equitable adjustment" (hereaftE>r referred to as claim) under this clause within :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. Faiiure to agree to any adjustment shail be a dispute under the Disputes clause. However nothing in this clause shall excuse the CON- SUL TANT from proceeding with the AGREEMENT as changed, E Notwithstanding the terms and condition of paragraphs (a) and (b) above. the maximum amount payable for this AGREEMENT, shail not be increased or considered to be increased except by specific written supplem,mt to this AGREEMENT, XV ENDORSEMENT OF PLANS The CONSULTANT shail place his endorsement on all plans, estimates or any other engineering data furnished by him. Page 7 of 8 ---------.--.------. --- --"- XVI FEDERAL AND STATE REVIEW The Federal Highway Administration and the Washington State Department of Transportation shail 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 "A-1", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certification regarding debarment, suspension and other responsibility matters - primary covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3" and "A-4" are only required in Agreements over $100,000, XVIII COMPLETE AGREEIMENT This document and referenced attachments contains ail 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 state,ment, represen- tation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shali 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 severai counterparts, each of which shail be deemed to be an original having identical legal effect The CONSULTANT does hereby rati~1 and adopt ail statements, representations. warranti4~s, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSUL T- ANT. and does hereby accept the AGREEMENT and agrees to ail of the terms and conditions thereof, In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. By @;P¡d// -~-" _.."----~. Consultant ~ Zic/ /"1~. ~_._._-- ~\~ ----' c:::::::7 =-- _____n.._____ Agency City of Auburn Page 8 of 8 )¥ Exhibit A-1 Certification Of Consultant Project No. PR529F Local Agency LA-5627 I hereby certify that I am ß?/~../.~~ representative of the firm of Éarth Tech 10800 NE 8th Street, 7th Floor, Bellevue, W A 98004 ~_~m'__'_m_"_'__'_'~___ firm I here represent has: and duly authorized whose address is and that neither I nor the above (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 forme or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of any firm or person in connection with canying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in connection with procuring or canying out the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State o[Washington and that the firm is in full compliance with the requirements of the board of Professional Reglistration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. .9-'? ,c/,,,~ ~tM:J Date ~~ Signature Certification of Agency Official I hereby certify that I am the AGENCY OfIicial of the Local Agency of .._._City of Aubu~_ Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or canying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Payor agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, u.s. Department of Transportation, In connection with this contract involving participation of Federal aid highway funds and it ,.bjeo' '" ."Ii"bl, 'ill" "d '01=11.... b<>fu """""' "" "~ :::> _1\-2\-03 ~ ~- ~ Date Signature ---~._~,----,- Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Respcmsibility Matters-Primary Covered Transactions 1. 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, Oor voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph lob. Oof this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. 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): Earth Tech ___._n_ o ~ "¿'v8n1 ~ .wt? '5 (Date) ¿/ (Signatüre) President or Authorized Official of Consulitailt Exhibit A·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: I. 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 ag'~ncy, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any ~ederalloan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certifY and disclose accordingly. Consultant (Firm): Earth Tech a2'~~ (Signature) President or Authorized Official of·Consult~ e7?-- 40Ørt~ âJo- 3 (Date) Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as definl~d in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of AG-C-214 * are accurate, complete, and current as of <:> ?'-Æ/,fo<'#rV~ ~ð '3 **. This certific~ti-~~ includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between thc offcror and the Government that are part of the proposal. ~-~- Firm Earth Tech Name Z;j~_¿.~C- Title .i:ft",.,;J L1.~~.4 , Date ofExecution*** o?--I!/,~ ~ø '3 --..__.__._-~----- * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. 1--- - ~~-~------~._-_.__._._- .~--~- Exhibit B-1 Scope of Work A Street SW Loop Road Improvements This Scope of Services describes engineering services to be provided to City of Auburn, Washington, (hereafter "CITY") by Earth Tech, Inc., located in Bellevue, Washington, (hereafter "CONSULTANT"), pursuant to a Contract for Professional Services between said parties for the purpose of refining the design for A Street SW Loop Road Improvements and preparing bid documents necessary and appropriate for advertising this project to obtain bids trona contractors. The limits of the project are generally defined as S Division Street beginning at the curb returns on the south side of 3rd Street SW heading southerly towards the BNSF tracks, then looping westerly to A Street SW and ending south of the 3rd Street SW overpass at A Street SW. The road improvements generally include grading, curbs, gutters, sidewalks, retaining walls, arterial streets, drainage, lighting, signing, channelization, and landscaping, all to be constructed within existing CITY right-of-way. General Annroach. CONSULTANT will perform the tasks below, with the use of subcontractors subject to the approval of CITY. CONSULTANT will rely upon previous designs developed under a separate contract with CITY and new base mapping information to be provided by the CITY. CONSULT ANT shall prepare a complete 90% design submittal for CITY review and commcnts. CONSULTANT shall refinc the design as necessary to mcct CITY design standards and the design requirements of the most rcccnt Local Agency Guidelincs (Chapter 42). CONSULTANT shall provide Quality Control Review to ensure dcsigns, calculations, and submittal packages are complctc and adhere to CITY standards. The reviewer will be an Engineer with limited involvemcnt with project. CONSULTANT shall prepare and submit 100% dcsign submittal. CONSULTANT shall be available for technical questions during the bid period. CITY shall be responsible for printing final bid package, advertisemcnt, and review of bids for re:sponsivcness, contract award, and all construction managemcnt activities. Task A - Modifv AIÏI!ßment To Avoid The Need For Additional Ril!ht of Wav CITY Responsibility: CITY shall review and agree to one (I) revised alignment base upon alternativcs presented by CONSULTANT. CONSULTANT Responsibility: CONSULTANT shall prepare and submit up to two (2) horizontal layout alignments for CITY considcration. The CITY and CONSULTANT shall work togethcr to develop these conccpts by having one (1) face to facc meeting to brainstorm possible: concepts. CONSULTANT shall prepare these two (2) horizontal layout alignments and dcvclop a memorandum of advantages and disadvantagcs. CONSULTANT shall rcvise the vertical alignment basc upon the selccted horizontal realignment approved by thc CITY. Exhibit B-1, Scope of Work Pag" 1 00 ..~_._,_.__.~--_.~ Assumptions/Limitations: CITY will meet with CONSULTANT to discuss possible layouts. CITY will select one (l) alternative. Deliverable(s): One (I) copy of Memorandum of Alternatives limited to five (5) pages. Task B - Update Plans CITY Responsibility: CITY shall provide an updated base map that includes field surveying of all existing topographic features within the project limits and be developed/modified to the "old" City datum. CITY shall provide current CADD files for sheet border layouts. CITY shall provide current bid document templates and specifications. CITY shall review 90% submittal and provide CONSULTANT with one (l) set of desired changes. CONSULTANT Responsibility: CONSUL T ANT shall retrieve past documents from archive files. CONSULTANT shall request from CITY the desired areas in the field where additional survey information is necessary and appropriate. CONSULTANT shall use CITY's current she'~t borders and update all sheets. CONSULTANT shall provide to CITY previous base map of topographic features within the project limits. CONSULTANT shall use updated base map as background for existing project features. CONSULTANT shall update all plan sheets in accordance with the current project limits and the approved horizontal alignment defined in Task A. CONSULTANT shall update quantity talœoffs to reflect actual project conditions. CONSULTANT shall prepare bid documents to include engineer's estimate, quantities, and specifications per current CITY formate s). CONSULTANT shall meet with CITY to review CITY comments and discuss which comments, if any, must be addressed prior to 100% submittal. CONSULTANT shall prepare the following approximate number of plan sheets: # of Sheets (+-) I I I I I I I I I I I I I I I I Sheet Description Cover Sheet/Index Legend/General Construction Notes Right of Way and Alignment Plan Site Preparation Plan Roadway Sections Paving/Channelization Plan Roadway Profile Storm Drainage PlanlNotes Storm Drainage Profile Miscellaneous Details Illumination Plan Illumination Details Landscape PlanlNotes Landscape Details Irrigation PlanlNotes Irrigation Details Exhibit B-1, Scope of Work Page 2 00 ----- --.._~----- ~.._~ AssumptionslLimitations: Comments received from the CITY will be minor in nature. Deliverable(s): 90% submittal package to include five (5) sets II"x 17" ploans, quantities, engineers estimate, and bid documents. 100% submittal package: will include one (I) set of 22" x 34" camera ready Mylar's and one (1) set of camera ready bid documents. The CONSULTANT'S appropriately licensed professional shall stamp final engineer's estimate and foundation of quantity take-off, specifications and plans. The consultant shall also provide one electronic set of plans and specifications including all external referenced files. Schedule: Work effort defined in this agreement shall meet the following general timelines: November 17, 2003 November 18, 2003 December 15, 2003 November 25, 2003 December 9,2003 December 23, 2003 January 20, 2004 February 10, 2004 Exhibit B-1, Scope of Work Written Notice to Proceed on or before this date. CONSULTANT to provide electronic copy of previous base map. CITY provides electronic copy of updated base map, CADD template files, and bid document files. CITY and CONSULTANT meet to discuss alignment alternatives CONSULTANT submits the memorandum of alternatives CONSULTANT submits 90% bid package CITY and CONSULTANT meet to review city comments of 90% submittal package. CONSULTANT submits 100% bid package. Page 3 00 Exhibit C-2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services renderedl under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." Thc CONSULTANT shall conform with the applicable portion of 48 CFR 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, and direct nonsalary cost. I. 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. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on th,e 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 three options are eXplained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. 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. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-l and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three 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 the suhconsultants 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. _ _____~__m'_ ._____..____....._....,_ The 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 rat'~, if they so desire. 3. Direct Nonsalary Costs Direct nonsalary 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 subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reÍlmbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the originall supporting documents shall be provided to the AGENCY upon request. All ofthe above charges must be necessary for the services to be 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 f"e 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 man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, 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 th,~ CONSULTANT and reported in the monthly progress reports accompanying the invoices. 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, Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing 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 $50,000 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 be replenished in a subsequent supplemental agreement. 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 ofthe Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." ------_._-'-.._.__.__._~,------~ B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimburscment of actual costs plus the calculated overhead and fee not more often than once per month during the progress ofth¡, work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section Ill, General Requirements, of this AGREEMENT. The invoices will be supported by an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, 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, and other related docum¡mts which are rcquired 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 transmitt,ed 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 that 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 ninety (90) 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. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and all iterns 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 cxpiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit D-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: A- Street SW Loop Direct Salary Cost (DSC): Classification Man Hours 4.0 X 21.0 X 4.0 X 98.0 X 74.0 X 8.0 X X X X Principle in Charge QAlQC Structural Engineer Project Manager CADD Technician Administrative Assistant Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 1.5069 % x $ Fixed Fee (FF): FF Rate x DSC of .30 %x$ . Reimbursables: Itemized Subconsultant Costs Grand Total Prepared By: Rate = = Cost 42.50 $ 170.00 35.00 735.00 40.00 160.00 34.70 3,400.60 27.80 2,057.20 18.63 149.04 Total DSC = $ 6,671.84 6,671.84 10,053.80 6,671.84 2,001.55 175.00 1.250 Q(1 20,152.19 Date: o;t- ,.Jy~ ?::'dt7 ~ Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time oft,'rmination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. ~ iØ Washington State Department of Transportation \y 1\ ."'J. C' Organization and Address Supplemental Agreement Earth Tech 10800 NE 8th Street, Seventh Floor Agreement Number Bellevue, W A 98004 AG·C-214 Project Number Phone PR529F 425-455-9494 Project Title New Maximum Amount Payable A Street Loop Improvements $ 22,167.41 Description of Work This project will design and construct a road between Division and A St SW. It will include storm drainage, lighting, sidewalks/gutters, landscaping and irrigation. This supplement increase the Management Reserve Funds and provides for the development of right-of-plans for the project. The Local Agency of City of Auburn desires to supplement the agreement entered into with Earth Tech and executed on 11/21/2003 and identified as Agreement No. AG-C-214 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 1, SCOPE OF WORK, is hereby changed to read: See Fxhihit R II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Work .hall he completed hy May ll, 7.004 III Section V, PAYMENT, shall be amended as follows: See attached e~tim::lte at Exhihit r for Tas.k r ann n An ;:¡l'Irlitiomt] ~114 17 nfnmmthori7en MRF i~ inchuierl in this. s,upplement The new maximum amount payahle on the contract is. ~?? 1 67 41 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this su plement and agree to the changes as stated above, please sign in the appropriate spaces below and re . e al a . By: -- By: Z¡"'/ L. fd...... C , '-- Consultant Signature Approving Authority Signature ~@ DOT Form 14Q...063 EF Revised 10/97 Exhibit "A' SUMMARY OF PAYMENTS Basic MRF #1 Supplement Total Agreement #1 Direct Salary Cost $ 6,671.84 ! 563.20 $ 7,235.04 Overhead (Including Payroll Additives) $10,053.80 ! 848.69 $ 10,902.49 Reimbursibles $ 175.00 ! 100.00 $ 275.00 Subconsultant Costs $ 1,250.00 ! - $ 1,250.00 Profit $ 2,001.55 ! 168.96 $ 2,170.51 Total Amount Authorized $20,152.19 ! 1,680.85 $ 21 ,833.04 Management Reserve Fund $ 1,000.00 $ (1,000.00) $ 334.37 $ 334.37 Maximum Amount Payable $21.152.19 $22,167.41 Exhibit "B" Scope of Work A Street SW - Loop Road Improvements This Scope of Work describes engineering services to be provided to the City of Auburn, Washington, (hereafter "CITY") by Earth Tech, Inc., located in Bellevue, Washington, (hereafter "CONSUL TANr), pursuant to a Contract for Professional Services between said parties for the purpose of determining and creating right-of-way documents to purchase right-of-way from Burlington Northern Santa Fe Railroad as required for the redesign of A Street SW - Loop Road Improvements, City Agreement Number AG-C- 214. The limits of the project are generally defined as A Street SW - Loop Road in the vicinity of the railroad tracks located south of A Street SW - Loop Road. The right-of-way take will be limited to the Burlington Northern Railroad property and a slope easement that will parallel the right-of-way line. General ADDroach. CONSULTANT will perform the tasks below subject to the standards of the most current Local Agency Guidelines and the approval of CITY. CONSULTANT will rely upon previous right-of-way work developed under a separate contract with CITY. CONSULTANT shall prepare a complete 90% Right-of-Way Plan, exhibits and legal description. CITY shall review and comment on 90% submittal. CONSULTANT shall prepare and submit 100% right-of-way plans, exhibits and legal descriptions that incorporate the City's review comments. CITY shall be responsible for coordination with railroad and all work to acquire the right- of-way such as appraisal, appraisal review, and negotiation, etc. This includes any permits required from the railroad and all general correspondence. Task C - UDdate Riaht-of-Wav Plans CITY Responsibility: CITY shall provide an example of exhibits and the standard level of detail required to negotiate and acquire the right-of-way and easement. These exhibits (2 total) have already been faxed to the CONSULTANT from the CITY on 1/13/04. CITY shall provide electronic right-of-way sheet borders. CITY shall review 90% submittal and provide CONSULTANT with one (1) set of desired changes. CONSULTANT Responsibility: CONSULTANT shall retrieve past documents from achieve files. CONSULTANT shall use CITY's current borders and update all sheets. CONSULTANT shall update original right-of-way plan shown in the original 3rd Street SW Grade Separation Project, sheet 183. The updated sheet shall reference the new road centerline to existing and new road right-of-way as it pertains to A Street SW - Loop Road. CONSULTANT shall prepare a new parcel map with the CITY's right- of-way borders to be used as exhibits that can be used in right-of-way documents and negotiations. CONSULTANT shall determine the area of right-of-way take and easement take based on the legal descriptions and plan drawings. Page 1 of2 PR529F A Street SW Loop CONSULTANT shall submit all right-ot-way documents to the CITY tor review and shall incorporate all CITY comments into the final right-ot-way documents. Assumptions/Limitations: Comments received trom the CITY will be minor in nature. Deliverable(s): 90% submittal package to include three (3) sets of 11" x 17" plan and/or 8.5" x 11" exhibits. 100% submittal package will be stamped by a Professional Land Surveyor and include one (1) original paper set ot plans and exhibits and one electronic AutoCAD 2002 set. Task D - Write Leaal DescriDtion CITY Responsibility: CITY shall review and provide comments on the legal descriptions at the 90% review. CONSULTANT Responsibility: CONSULTANT shall prepare a legal description for the right-of-way take and easement tor the Burlington Northern Santa Fe Railroad property that is located south of A street SW - Loop Road. CONSULTANT shall revise and update the legal descriptions per the CITY's 90% review comments. Assumptions/Limitations: The CONSULTANT assumes the easement will be parallel to the road right-of-way. Deliverable(s): 90% submittal package to include three (3) hard copies otthe legal descriptions. 100% submittal package will be stamped by a Professional Land Surveyor and include one (1) original paper set of the legal descriptions and an electronic copy of each description. Page 2 of2 PR529F A Street SW Loop EXHIBIT C AG-C-214 PR 529F A Street SW Loop Exihibit C A Street SW - Loop Road iml'rovements Cnyof Auburn I I Consultant Fee Admin CADD PLS/PM Structures QA/OC PIC Estimate 2 1 3 3 2 11 Totals Expenses 347.20 523,20 104.16 974,56 $ $" $" $" o 18.63 - 2 2 1 5 27.80 $ 139.00 $ 209.46 $ 41,70 $ 390,16 $ $ $" $" $" $" 2 1" 1" 1 1 Š 34,7Õ 208.20 313,74 62.46 584.40 tion Up.!late Ri!iht-of-WãYPians 1. Determine New Required Railroad 2 Determine Railroad Easement I Update Right-of-Way Map - Sht 183 in Original Plans ~ Create Parcel Map (Exhibitsl ~ City Revisions C Update Right-of-Wa' RIW Deseri Taskl Subtask c Plans ~~~ $ $" $" $" $" o 35.00 - ~~$. Hours BaseRate $ 100.00% $ 150.69% $ 30.00% $ "$ 2 3" 1 Õ Š 2 2" 1 1 W~ Lo"al Description __ 1. Research Existing Legal Description Assumptions ~ Write Legal Description for Right-of-Way Take ~ Write Legal Description for Easement ! City Revjsions D Write Logal Description D 216.00 325.49 64.80 606.29 1,680.85 $ $" $" ! $" o 18.63 - "~ 5 3470"$ 173.50 $ 261.45 $ 52.05 $ 487.00 $ ~OO~ - $ $" $" $" $" o 35,00 - $ $" $" $" $" 1 42,5Ô 42.50 84.04 12.75 119.29 $ $" $" $" $" Hours BaseRaïe 100.00% 150.69% 30.00% 50,00 20,00 30,00 100,00 $ $" ! $" Expense~ _ Printing and Electronic copies Travel MaiVCourier Service $ 390.16 $ 1,071.39 $ $ $ 119.29 $ Tota Supplement #1 > (,\! 6' ':'1) ~.;:!O »" "" »» a. _. CD eno ;00 GJCC CD", oo ~~. 0>-, (-,CD " 0 ",CD Q) "0 :::!. CC¡¡ , CD -a-C CD- "'z "'3 ;;o;-......::::!:. ;:~ ~œ oo CD 0 I:: ....3- C/) cè'51:J 0- 3 §: ~. S- o CD Z C "C 0- ~ c "C ~=~ (j) 3 ~rJ g- Q ~ 0- "C 1\)",,, ~ iÞ ::J ã5" 3 3 Co" "C ml\) 0 CD " " < CoCo CD ::I oo " 3 - £ 0 CD 1\1 "c" " -,oo ¡;¡' "'1" » "'I:: il (Q " ¡¡; 0 I\) CD Co 3 0- CD CD ~ ::I CD - CD " 'It: 0 Co) <. ¡¡;. õ· " " :J Co » ißZ en." .þ.. 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'" 0 n cr" - '" a p õ' > Q h N }'" rJ1 " "0 "0 ¡¡- 3 " g '" w -c '" ao " w o ...., w EXHIBIT C AG-C-214 PR529F A Street SW Loop Exhibit C City of Auburn - A Street SW - Loop Road Improvements Supplement No.2 Consultant Fee Estimate CADD PM Structures QAlQC PIC 1 4 5 3" "1 14 Totals Expenses Admin 588,50 ¡¡¡¡¡¡:¡¡"j" 176,55 1,651.86 $ $" $" $" o 8,63 27ßOO~ - $ $ "$ "$ 35,74ºt $ - "$ "$ "$ "$ $ $" $" $" $" 1 4 4 3" 1 3" 42.0Õ 546,00 822.77 163,80 ,532.57 1 Description U~ate Retaining Wall Plans 1 Revise Wall Dimensions "2 Revise Structural Calculations 1: Revise Retaining Wall Plans 4 Add Handrail I City Revisions A Update Retaining Wall 35.00ºt $ "$ "$ "$ "$ $ $" $" $" $" 1 42.5å 42,50 64.04 12.75 119.29 $ $" $" $" $" Hours Base Rate 10000% 150.69% 30,00% Plans 1 Task Subtask A 2 0.5 0,5 2 1 4 1" 1 6 2 5 25 842.17 1,269.07 252,65 2.363,89 $ $" $" $" 1 3 1B.63 55,89 84,22 16.77 56.88 2 0.5 0.5 2" 1 4 1 1 4 2 4 22 Revised Oriainal Plan Set """'1 Roadw8v Sections 2" Ri ht-af-Wav Plan 3 Pavin¡:¡ Plan .i. Site Preparation -É... Lighting Plan: Add Conduit ~ Final Cross-8ection: Wall Profiles - Tap & Bottom 1.. Quantities - Earth Work & Retaining Wall 8 Cost Estimate 9 Specifications 10 RR Exhibit- Cross section showinQ section at tracks IT City Revisions B Revised Original Plan Set B $ $" $" $" $" o 27,80 $ $" $" $" $" 35,74 786.28 1.184.85 235.88 2,207.01 4200~ $ "$ 35.00~ $ "$ "$ 4250~ $ $ $ $" $" $" $" Hours Base Rate 100.00% 150.69% 30.00% $ 100,00 $ 20,00 $ 30.00 $ 156.88 i $ 150,00 $ 4,165.75 $ 2,207.01 $ 1,532,57 $ - $ 9.29 $ Tota Expenses Printing and Electronic copies Travel Mail/Courier Service AG-C-214, Supplement #3