HomeMy WebLinkAboutTranspo Group Inc AG-C-312a3.1 c~-~
.... ,.
~..R l
AGREEMENT FOR PROFESSIONAL SERVICES.
AG-C-312 r, ~_
THIS AGREEMENT made and entered into by and between the CITY OF
fv~~";; ~~~,,;:.. ~.. ~~r
AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to
as "CITY" and THE TRANSPO GROUP, INC. whose address is 11730 118th Avenue
NE, Suite 600, Kirkland, WA 98034, hereinafter referred to as "CONSULTANT."
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
1. SCOPE OF WORK.
See Exhibit A, which is attached hereto and by this reference made a part of this
Agreement.
2. TERM.
The CONSULTANT shall not begin any work under this Agreement until
authorized in writing by the CITY. All work under this Agreement shall be completed by
June 30, 2008.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a
delay attributable to the CITY, 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 CITY is required to
extend the established completion time.
3. COMPENSATION.
The total compensation for this Agreement shall not exceed $37,879.33, which
includes a Management Reserve Fund amount of $5,000.00. Expenditure of
Agreement for Professional Services AG-C-312
11 /28/2007
Page 1 of 14
Management Reserve Funds must be authorized by the CITY as set forth in Section 4
of this Agreement.
The CITY aggress to pay the CONSULTANT for direct salary costs, plus a fixed
overhead rate on direct salary costs of 209.30%, plus a fixed fee on direct salary costs
of 27.00%. Direct salary costs shall be defined as 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 be paid by the CITY for direct non-salary cost, per
attached Exhibit B which is attached hereto and by this reference made a part of this
Agreement. These charges may include, but are not limited to the following items:
outside reproduction fees, courier fees, subconsultant fees, and materials and supplies.
The billing for non-salary cost, directly identifiable with the project, shall be submitted as
an itemized listing of charges supported by copies of the original bills, invoices,
expense accounts and miscellaneous supporting data retained by the CONSULTANT.
Copies of the original supporting documents shall be supplied to the CITY upon
request. All above charges must be necessary for the services provided under the
Agreement.
In the event services are required beyond those specified in the Scope of Work,
and not included in the compensation listed in this Agreement, a contract modification
shall be negotiated and approved by the CITY prior to any effort being expended on
such services or work shall be authorized in writing under the Management Reserve
Fund as detailed in Section 4.
4. MANAGEMENT RESERVE FUND.
The CITY may establish a Management Reserve Fund to provide flexibility of
authorizing additional funds to the Agreement for allowable unforeseen costs, or
Agreement for Professional Services AG-C-312
11 /28/2007
Page 2 of 14
reimbursing the CONSULTANT for additional work beyond that already defined in this
Agreement. Such authorization(s) shall be in writing, prior to the CONSULTANT
expending any effort on such services, and shall not exceed $5000.00. This fund may
be replenished in a subsequent supplemental agreement. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be negotiated and
approved by the CITY prior to any effort being expended on such services.
5. SUBCONTRACTING.
The CITY permits subcontracts for those items of work necessary for the
completion of the project. The CONSULTANT shall not subcontract for the
performance of any work under this AGREEMENT without prior written permission of
the CITY. No permission for subcontracting shall create, between the CITY and
subcontractor, any contractor or any other relationship.
Compensation for any subconsultant work is included in Section 3 of this
Agreement and 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 3. All subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this AGREEMENT.
6. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs,
drawings, specifications, reports and other services performed by the CONSULTANT
under this Agreement. The CONSULTANT shall, without additional compensation,
corrector revise any errors, omissions or other deficiencies in its plans, designs,
drawings, specifications, reports and other services required. The CONSULTANT shall
Agreement for Professional Services AG-C-312
11 /28/2007
Page 3 of 14
perform its services to conform to generally-accepted professional engineering
standards and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services.
Except as otherwise provided herein, neither the CITY'S review, approval or
acceptance of, nor payment for, any of the services shall be construed to operate as a
waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement to the full extent of the law.
7. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers,
officials, volunteers, and employees harmless from any and all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or resulting from the
acts, errors or omissions of the CONSULTANT in performance of this Agreement,
8. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided
herein. The parties agree that this Agreement may not be assigned in whole or in part
without the written consent of the CITY.
9. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, or employees.
Agreement for Professional Services AG-C-312
11 /28/2007
Page 4 of 14
CONSULTANT'S maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles, with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
b. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 (or substitute form providing equivalent liability coverage) and
shall cover liability arising from premises, operations, independent
contractors, and personal injury and advertising injury, with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall
be named as an insured under the CONSULTANT'S Commercial General
Liability insurance policy with respect to the work performed for the CITY
using the applicable ISO Additional Insured endorsement or equivalent.
c. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the CONSULTANT'S
profession, with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit.
Agreement for Professional Services AG-C-312
11 /28/2007
Page 5 of 14
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability, and Commercial General
Liability insurance:
a. The CONSULTANT'S insurance coverage shall be primary insurance as
respects the CITY. Any insurance, self insurance, or insurance pool
coverage maintained by the CITY shall be excess of the CONSULTANT'S
insurance and shall not contribute with it.
b. The CONSULTANT'S insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days prior written
notice has been given to the CITY by certified mail, return receipt requested.
All insurance shall be obtained from an insurance company authorized to do
business in the State of Washington. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A-:VII.
The CONSULTANT shall furnish the City with certificates of insurance and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance coverage required by this
section, before commencement of the work. The CITY reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the CITY at
any time. The CITY will pay no progress payments under Section 3 until the
CONSULTANT has fully complied with this section.
10. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or
where there is the presence of any sensory, mental or physical handicap.
Agreement for Professional Services AG-C-312
11 /28/2007
Page 6 of 14
11. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such
other information and materials as the CONSULTANT may have accumulated,
prepared or obtained as part of providing services under the terms of this Agreement by
the CONSULTANT, shall belong to and shall remain the property of the CITY OF
AUBURN. In addition, the CONSULTANT agrees to maintain all books and records
relating to its operation and concerning this Agreement for a period of six (6) years
following the date that this Agreement is expired or otherwise terminated. The
CONSULTANT further agrees that the CITY may inspect any and all documents held by
the CONSULTANT and relating to this Agreement upon good cause at any reasonable
time within the six (6) year period. The CONSULTANT also agrees to provide to the
CITY, at the CITY'S request, the originals of all drawings, documents, and items
specified in this Section and information compiled in providing services to the CITY
under the terms of this Agreement.
The CITY agrees that the above information and materials are instruments of
service, and any use of the instruments of service on a different project or in a manner
not contemplated by this agreement will be at the CITY's sole risk and without liability to
the CONSULTANT.
12. CERTIFICATION REGARDING DEBARMENT SUSPENSION AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS.
The prospective primary participant certifies to the best of its knowledge and
belief, that it and its principals:
Agreement for Professional Services AG-C-312
11 /28/2007
Page 7 of 14
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within athree-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 "(b)" of this certification; and
(d) Have not within athree-year period preceding this application/proposal had
one or more public transactions (federal, state, or local) terminated for cause
or default.
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.
13. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of termination due to
the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the
CITY for services performed to the date of termination.
Agreement for Professional Services AG-C-312
11 /28/2007
Page 8 of 14
Upon receipt of a termination notice under the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
written notice, and (2) deliver to the CITY all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as the CONSULTANT
may have accumulated, prepared or obtained in performing this Agreement, whether
completed or in process.
14. GENERAL PROVISIONS.
14.1. This Agreement shall be governed by the laws, regulations and ordinances
of the City of Auburn, the State of Washington, King County, and where applicable,
Federal laws.
14.2. All claims, disputes and other matters in question arising out of, or relating
to, this Agreement or the breach hereof, except with respect to claims which have been
waived, will be decided by a court of competent jurisdiction in King County, Washington.
Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall
proceed diligently with the performance of the services and obligations herein.
14.3. In the event that any dispute or conflict arises between the parties while
this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such
dispute or conflict, the CONSULTANT shall continue to make a good faith effort to
cooperate and continue work toward successful completion of assigned duties and
responsibilities.
14.4. The CITY and the CONSULTANT respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this
Agreement with respect to all covenants to this Agreement.
14.5. This Agreement represents the entire and integrated Agreement between
the CITY and the CONSULTANT and supersedes all prior negotiations, representations
Agreement for Professional Services AG-C-312
11 /28/2007
Page 9 of 14
or agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT.
14.6. Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorneys fees and
expenses and court costs shall be paid to the substantially prevailing party.
14.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
14.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
14.9. This Agreement shall be administered by Tim Hedges on behalf of the
CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any
written notices required by the terms of this Agreement shall be served on or mailed to
the following addresses:
City of Auburn
Attn: Seth Wickstrom
25 W Main Street
Auburn WA 98001
Phone: 253-804-5086
Fax: 253-931=3053
E-mail: swickstrom@auburnwa.gov
The Transpo Group, Inc.
Attn: Tim Hedges
11730 118th Avenue NE, Suite 600
Kirkland, WA 98034
Phone: 425-821-3665, x206
Fax: 425-825-8434
E-mail: timh@thetranspogroup.com
14.10. All notices or communications permitted or required to be given under
this Agreement shall be in writing and shall be delivered in person or deposited in the
United States mail, postage prepaid. Any such delivery shall be deemed to have been
duly given if mailed by certified mail, return receipt requested; and addressed to the
address for the party set forth in 13.9 or if to such other person designated by a party to
receive such notice. It is provided, however, that mailing such notices or
communications by certified mail, return receipt requested is an option, not a
requirement, unless specifically demanded or otherwise agreed.
Agreement for Professional Services AG-C-312
11 /28/2007
Page 10 of 14
Any party may change his, her, or its address by giving notice in writing, stating
his, her, or its new address, to any other party, all pursuant to the procedure set forth in
this section of the Agreement.
14.11. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party.
r -- - _..
ITY _E A BU~2N~j
_.
~.-
Peter B. Lewis, Mayor
Date DEC 1 3 2007
ATTEST:
~0`~-~
Danielle E. Daskam, City Clerk
THE TRANSPO GROUP, INC.
Title:
Federal Tax ID #
Agreement for Professional Services AG-C-312
11 /28/2007
Page 11 of 14
APPROVED AS TO FORM:
EXHIBIT A
SCOPE OF WORK
During the term of this AGREEMENT, The Transpo Group, Inc. (CONSULTANT)
will perform professional services for the City of Auburn (CITY) in connection with. the
following project:
PROJECT CP0752
M STREET SE SIDEWALK LID
1. PROJECT DESCRIPTION.
The work consists of providing preliminary layout; final design; and preparation of
construction plans, specifications, and estimate of probable construction cost for a total
for approximately 2,200 linear feet of sidewalk improvements. The anticipated
improvements include a sidewalk, a landscape strip with sod, and new concrete
driveways along the west side of M Street Southeast, between 29th Street Southeast
and 37th Street Southeast, to be constructed in a single phase.
2. RELATED STUDIES AND PLANS.
Related documents include:
(a) M Street SE Improvements Construction Plans and Contract Provisions,
CITY of Auburn, 2007 (Project C421A).
3. ASSUMPTIONS.
This scope of work is based on the following assumptions:
Exhibit A
Agreement No. AG-C-312
Page 1 of 12
(a) Budget for the project scope is based on a project design schedule of 2
months and project construction schedule (including bid and award) of 2
months commencing with notice-to-proceed.
(b) Man-hour estimates assume that one contract bid package will be prepared
representing all work items associated with the project.
(c) Applicable CITY of Auburn and/or WSDOT Standard Plans may be included
in the Contract Provisions.
(d) CONSULTANT reserves the opportunity to shift budget between work tasks.
(e) Analyses, design, plans, specifications, and estimates performed or prepared
as part of this project will be in English units.
(f) APWA and CITY of Auburn Drafting Standards will be used.
(g) Project provisions prepared for the M Street Improvements will be utilized as
abase document and modified for this project.
(h) See "Items and Services to be Furnished by CITY" below.
4. ITEMS AND SERVICES TO BE FURNISHED BY CITY.
The CITY will provide the following items and services to the CONSULTANT
which will facilitate the work to be undertaken for project. The CONSULTANT is entitled
to rely upon the accuracy and completeness of the data furnished by the CITY:
(a) Any pertinent record drawings, plans, reports, and information on the
current project (Project C421A) and on public works and/or private
projects within the immediate vicinity.
(b) Additional survey, including utility locates/measure-downs for underground
utilities, if necessary.
(c) Contract Provisions (Specifications) "boilerplate".
Exhibit A
Agreement No. AG-C-312
Page 2 of 12
(d) Timely reviews of all work at mutually agreed upon times and
consolidation of all review comments onto one review set prior to return to
the CONSULTANT.
(e) Field review of proposed improvements with the CONSULTANT.
(f) Rights-of-entry upon all lands necessary for the performance of the work,
including field reviews, if necessary.
(g) Payment of applicable review and/or permit fees.
(h) Advertisement for bids.
(i) Public involvement coordination and meeting venues.
(j) Environmental documentation and permit applications, if required.
(k) Coordination with franchise utilities.
(I) Stakeholder coordination.
(m)Construction management and construction observation.
5. DESIGN CRITERIA.
Reports prepared as part of this scope of work, to the extent feasible, will be
developed in accordance with the latest edition and amendments to the following
documents, as of the date this Agreement is signed:
WSDOT Publications
(a) Washington State Department of Transportation/American Public Works
Association (WSDOT/APWA), Standard Specifications for Road, Bridge and
Municipal Construction, 2006 edition and applicable Amendments
(b) WSDOT/APWA Standard Plans for Roads, Bridge, and Municipal
Construction
Exhibit A
Agreement No. AG-C-312
Page 3 of 12
(c) Design Manual
AASHTO Publications
(d) A Policy on Geometric Design of Highways and Streets
CITY of Auburn Standards
(e) Design and Construction Standards
(f) Drafting Standards
Other Standards and Publications
(g) FHWA and Washington State Department of Transportation, Manual on
Uniform Traffic Control Devices (MUTCD)
(h) Washington State Regulations, Accessibility Design for All (ADA)
6. WORK TASKS.
6.1 Project Management and Coordination
Project Management
The CONSULTANT will provide continuous project management and administration
of services under this agreement. The CONSULTANT will provide direction and review the
work of the staff during the course of the project.
The CONSULTANT will manage the schedule, scope, budget, and quality over the term
of the Agreement. Current design budget status, as well as projections, will be developed.
Any difference in the design and construction budget from the original contract amount will be
brought to the attention of the CITY's Project Manager.
The CONSULTANT's Project Manager will maintain periodic communication with the
CITY's Project Manager and the CONSULTANT's Project Team via informal meetings,
telephone discussions, electronic mail, and fax.
Exhibit A
Agreement No. AG-C-312
Page 4 of 12
The CONSULTANT's Project Manager will prepare and maintain action item and
project change lists for significant items of work.
Monthly Progress Reports & Invoices
Monthly progress reports will be submitted with invoices. The progress reports
will summarize start, finish and percent complete for deliverable tasks during the billing
period, percent complete of overall project elements, and anticipated deliverable tasks
for the next month.
The CONSULTANT will also summarize in the monthly progress reports
problems encountered and actions taken for their resolution, potential future delays,
and issues/activities requiring CITY direction. Any elements that may impact project
completion time and cost will be highlighted. The CONSULTANT will prepare a list of
potential commitments and design decisions for the design file that may be necessary
for the design and/or construction of this project.
Monthly invoices for work completed to date will be submitted to the CITY. The
invoices will summarize budget, expenditures and percent expended for deliverable tasks
during the billing period, and percent expended of overall project elements. Invoices will be
submitted with the monthly progress report and follow City guidelines.
Project Coordination Meetings
Project coordination meetings will be conducted on an as-needed basis. The
CONSULTANT's Project Manager and other team members as appropriate will be available
to attend project coordination meetings. Project progress, project risks, potential changes,
schedule impacts, cost issues, and regulatory issues may be discussed. The CONSULTANT
will provide the CITY with an agenda for each progress meeting. Anticipated meetings
include the following:
Exhibit A
Agreement No. AG-C-312
Page 5 of 12
(a) Facilitate and attend preliminary field project review meeting at City of Aubum: (1
meeting)
Assume meeting will be attended by Project Manager and Project Engineer.
(b) Attend 95% plan/document review at City of Aubum: (1 meeting)
Assume meeting will be attended by Project Manager and Project Engineer.
Deliverables: Monthly Progress Reports
Progress Meetings - 2 meetings
6.2 Quality Assurance Review
The CONSULTANT will implement quality assurance procedures to ensure that
all project deliverables are subjected to in-house peer reviews prior to submittal to the
CITY. These reviews will be conducted under the direction of the CONSULTANT's
Project Quality Assurance Manager and Project Manager, and will focus on checking
the major design elements with respect to adequacy of response to the specific design
challenges, conformance to accepted design practices, and compliance with the CITY's
standards.
A quality assurance check will be used to confirm that the design work and
drawing presentation follows the CITY standards and that the work is of professional
quality meeting the customary standard of care for the type of work in this locale.
Deliverables: Quality Assurance Reviews
6.3 Public Involvement
Provide engineering plans (roll-plot) for one public open house meeting.
Deliverables: Engineering roll-plot
Exhibit A
Agreement No. AG-C-312
Page 6 of 12
6.4 Utility Coordination
The CITY will prepare and send a notice containing the scope and schedule of
the project, and include project plans, to all public and private utility agencies with
underground or overhead facilities that may be affected by the project. The CITY will
provide coordination of proposed improvements with the various public and private
utilities to resolve conflicts and facilitate permitting.
Utility coordination meetings will be the responsibility of the CITY. All aspects of
coordination of the work required under this AGREEMENT with outside agencies,
groups, or individuals will receive advance approval by the CITY.
6.5 Preliminary Design (15%).
Level of detail sufficient to check for significant conflicts in field between
proposed sidewalks and driveways with above-ground features.
(a) Prepare base map for project by combining existing and proposed base
mapping from the M Street SE Improvements project. Coordinate with CITY
to identify location of relocated gas lines. Review the base map in the field.
(b) Prepare one (1) preliminary horizontal sidewalk layout (40-scale roll map)
incorporating existing base mapping, proposed sidewalk dimensions, and
approximate driveway limits. Review with CITY to identify any refinements.
The layout will be based on City standard details.
Deliverables: Conceptual Horizontal Sidewalk/driveway Layout (1 copy)
6.6 Final Design PS&E (95%).
Prepare construction-ready plans, details, bid items, quantities, special
provisions, and estimate for detailed review by CITY staff. Prepare design documents
Exhibit A
Agreement No. AG-C-312
Page 7 of 12
with such provisions and in such detail as to permit convenient layout in the field for
construction and other purposes. The design documents will be prepared to the level of
competency presently maintained by practicing professionals in the field of
transportation engineering in the Puget Sound Region. Design documents will include
the following:
(a) Prepare Title Sheet, Index, General Notes, Legend, Symbols, and
Abbreviations. (2 sheets)
(b) Prepare Typical Sections. (1 sheet)
(c) Prepare Sidewalk and Driveway Plan-over-Plan drawings and Construction
Notes utilizing and referencing standard and/or typical cross sections and
details. (3 sheets)
(d) Prepare Sidewalk and Driveway Standard Details. (2 sheets)
(e) Prepare Proposal Bid Items in CITY standard format.
(f) Prepare Special Provisions in CITY standard format (Div. 0 through 9).
(g) Prepare Project Provisions (Construction Manual) in CITY standard format.
(h) Calculate 95% Bid Quantities for Proposal Bid Items.
(i) Prepare Estimate of Probable Construction Costs for Proposal Bid Items.
(j) Perform Senior in-house 95% Quality Assurance and Constructability Review.
Deliverables: 95% Design Plans (5 full-size and 5 half-size)
95% Contract Provisions and Special Provisions (1 copy)
95% Proposal Items and Estimate of Probable Construction Cost
(5 copies)
Exhibit A
Agreement No. AG-C-312
Page 8 of 12
6.7 Final Bid Documents (100%).
(a) Prepare Final (Bid-ready) Construction Documents incorporating responses
to 95% PS&E comments from CITY staff.
Assume no "additional" comments will be generated at this stage. Comments
are designed only to verify that response to 95% final comments were
incorporated as mutually agreed.
(b) Transmit Final (sealed/stamped and signed) Design Plans, Project
Provisions, Special Provisions, and Estimate of Probable Construction Cost
to CITY for reproduction and bid advertisement.
Assume there is no additional CITY review following this stage.
(c) The CITY will provide reproduction of Construction/Bid Documents, and will
transmit 2 full-size and 4 half-size copies of plans to the CONSULTANT.
Deliverables: Final Plans (1 full-size original mylar)
Final Contract Provisions and Special Provisions
(1 camera-ready original)
Engineer's .Estimate of Probable Construction Cost (1 copy)
It is mutually agreed that any cost estimate provided by CONSULTANT will be on
a basis of experience and judgment, but since the CONSULTANT has no control over
market conditions or bidding procedures, the CONSULTANT cannot warrant that bids
or ultimate construction cost will not vary from these cost estimates.
6.8 Assistance During Bidding
(a) The CITY will advertise for bids and distribute bid sets to prospective bidders.
Exhibit A
Agreement No. AG-C-312
Page 9 of 12
(b) The CONSULTANT will assist the CITY during the bid period to answer any
questions that arise concerning the PS&E documents, and to assist the CITY
in preparing any addenda required.
(c) The CONSULTANT will prepare up to one (4 page) addenda if modifications
to the contract documents are deemed warranted by CITY during the bidding
process.
Assume one 3-week bidding period.
Deliverables: Response to Bidder's Questions
Addenda (up to 1)
6.9 Construction Period Services.
(a) Attend Preconstruction Conference at CITY of Auburn. Review meeting
notes provided by CITY, and transmit comments, if any.
Assume meeting will be attended by the Project Engineer.
(b) Attend up to 1 on-site project review to review the progress of the
construction work. Discuss with CITY staff and/or transmit notes
documenting significant aspects of the project work, and any inconsistencies
relative to the design documents.
Assume reviews will be performed by the Project Engineer.
(c) Respond to requests for information (RFI's) from the CITY during the course
of construction. Transmit responses to the CITY in written and/or plan
format.
Assume up to 4 staff hours are budgeted to perform this task.
(d) Review and provide written comment on Shop Drawing submittals forwarded
from the CITY during the course of construction. Transmit responses to the
Exhibit A
Agreement No. AG-C-312
Page 10 of 12
CITY in written and/or plan format.
Assume up to 4 staff hours are budgeted to perform this task.
(e) Prepare and provide revised (stamped and signed) design and plan sheets in
response to changes requested by the CITY during the course of
construction.
Assume up to 8 staff hours are budgeted to perform this task.
(f) Prepare Record ("as-built") Drawings, and transmit (stamped and signed)
mylar originals and digital files to the CITY.
Assume the CITY will provide inspector's reports and records, as required, and
redlined markups of construction drawings. The CITY will provide the original
mylar drawings for CONSULTANT'S use in preparing record drawings. The
CONSULTANT will prepare both handwritten and electronic copies. Up to 24
staff hours are budgeted to perform this task.
Deliverables: Attendance at Preconstruction Conference
Attendance at On-site Construction Meeting
Respond to RFI's (format as requested)
Review Shop Drawings (format as requested)
Provide Revised Plan Sheets (format as requested)
Prepare Record Drawings (1 full-size original mylar)
6.10 Project Closeout
(a) Electronic Data Transfer. At the completion of construction, the
CONSULTANT will provide the CITY with electronic files of design files, base
maps, plans and similar contract documents. All drawings will be provided in
AutoCAD format.
Exhibit A
Agreement No. AG-C-312
Page 11 of 12
(b) Archiving. At the completion of construction, the CONSULTANT will archive
all project files. Archives will be made available at the request of the CITY or
funding agency for review for a period of six years following completion of
construction.
Exhibit A
Agreement No. AG-C-312
Page 12 of 12
EXHIBIT B
DIRECT NON-SALARY REIMBURSABLE EXPENSES
Expense Category Billing Rate
Personal Vehicle Mileage ~ IRS Rate, currently $0.485/mile
Outside Photocopies/Printing Cost + 10%
Transportation by Public Carrier Cost + 10%
Outside Services or Subconsultants Cost + 10%
Outside Materials and Supplies Cost + 10%
Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts
with other consultants, such as appraisers and/or environmental consultants, etc. If
approved, the CITY shall reimburse the CONSULTANT for the actual cost of the
subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead
expense associated with the Subcontract.
Exhibit B
Agreement No. AG-C-312
Page 1 of 1
CONSULTANT INVOICES
CONSULTANT invoices should contain the following information:
• On CONSULTANT letterhead.
• A cover letter stating the status of each task. This should include items completed, percent
completed during the billing period and completion along with funding status.
• Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10).
• Invoice date.
• Period of time invoice covers.
• Consultant Agreement # (i.e.: AG-C-115).
• Project number(s) listed (i.e.: PR562).
• CITY'S project manager listed.
• The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proof) along with type of work done (i.e.: design,
right-of-way, or construction) or task order number.
• Direct salary (base salaries)
• Indirect salary (benefits)
• Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication
fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary
(overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires
travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be
broken down and backup information is to be attached to invoice. Project managers are to
inform CONSULTANTS as to what is required for break down information and if backup
information is to be attached. Break out the same for subconsultant charges.
• Previous and remaining base contract amounts left in each task and total contract -total
authorized amount (bottom line figure). Add amendments to this base contract amount for
total authorized amount.
• Percentage of work completed to date compared to total amount of work (if required by the
project manager).
• Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an
amendment in place.
• Invoices for previous year are due by January 15tH
• For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-312
Page 1 of 2
SAMPLE INVOICE
City of Auburn
25 West Main
Auburn WA 98001
Attn: Scott Nutter (Project Engineer)
Agency Agreement #: AG-C-010
Invoice #: 5222
Progress Payment #: 2
Invoice Date: February 10, 2002
Project Name: Thomas Nelson Farm
Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel Hours Hourl Rate Amount
Mike Jones, Princi al in Char e 1 $ 125.00 $ 125.00
Carla Maker, Architect 5 $ 72.00 $ 144.00
Joe Smith, Word Processin 10 $ 48.00 $ 480.00
Consultant Personnel Subtotal $ 749.00
Ex enses see attached documentation Char es Multi tier Amount
Mike Jones, Princi al in Char e 20 miles x1.1 $ 7.59
Carla Maker, Architect $ 30.00 x1.1 $ 33.00
Joe Smith, Word Processin $ 29.00 x1.1 $ 31.90
Consultant Ex enses Subtotal $ 72.49
Consultant Total:
SUB CONSULTANTS (see attached documentation)
$ 821.49
Subconsultant Hours Hourl Rate Amount
ABC Environmental, Inc., Civil En ineer 10 $ 100.00 $ 1,000.00
Electrical Consultin ,Electrical En ineer 5 $ 100.00 500.00
Mechanical Solutions, Mechanical En ineer 10 $ 100.00 MRF 1,000.00
Movin Com an ,Movin Consultant 2 $ 50.00 100.00
Subconsultant Subtotal $ 2,600.00
Subtotal x 1.1 Multi lier $ 2,860.00
Subconsultant Total:
TOTAL DUE THIS INVOICE
CONTRACT BREAKDOWN
$ 2, 860, 00
$ 3,681.49
Amount Totallnvoiced % % Amount
Task Authorized Prior Invoiced This Invoice To Date Ex ended Com leted Remainin
Original
Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51
MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00
TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51
Note: MRF=Management Reserve Fund
* Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG-C-312
Page 2 of 2
4, 3, 16,`
AMENDMENT #1 TO AGREEMENT NO. AG-C-312 BETWEEN
THE CITY OF AUBURN AND THE TRANSPO GROUP, INC.
RELATING TO M STREET SE SIDEWALK LID
THIS AMENDMENT is made and entered into this 27th day of June, 2008, by and
between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), and THE TRANSPO GROUP, INC., (hereinafter
referred to as the "CONSULTANT'), as an Amendment to the Agreement between the
parties for AG-C-312 executed on the 13th day of December, 2007.
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to
December 31, 2008.
2. SCOPE OF WORK: There is no change to the Scope of Work
3. COMPENSATION: There is no change to the amount of Compensation.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG-C-312 executed on the 13th day of December, 2007, shall remain
unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
THE TRANSPO GROUP, INC. ITY RN?
By:
Authorized signature Peter B. Lewis, Mayor
ATTEST (Optional): ATTEST:
By: , L aatc?y f
Its: D Ile E. Daskam, Auburn City Clerk
Approved as to form (Optional): App v as
Attorney for (Other Party) Daniel B. Heid, Auburn CI orney
Amendment No. 1 for Agreement No. AG-C-312
The Transpo Group, Inc.
Page 1 of 1