HomeMy WebLinkAboutContract 1
s CAG-11-043
Local Agency Consultant/Address/Telephone
Otak, Inc.
Standard Consultant 10230 NE Points Drive, Suite 400
Agreement Kirkland, WA 98033
®Architectural/Engineering Agreement
❑ Personal Services Agreement
(425) 822-4446
Agreement Number
Project Title And Work Description
Federal Aid Number Highlands to Landing Pedestrian Connection
Agreement Type(Choose one) Design of pedestrian facilities to improve
connectivity between the Highlands neighborhood
El Lump Sum and the recently constructed Landing shopping area,
Lump Sum Amount $ as well as Gene Coulon Memorial Beach Park.
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method DBE Participation
El Actual Cost El Yes N No
Federal ID Number or Social Security Number
r_1 Actual Cost Not To Exceed % 91-1324129
❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date
Fixed Fee $ ❑ Yes N No December 31, 2012
® Specific Rates Of Pay Total Amount Authorized $ 135,937.00
® Negotiated Hourly Rate
Provisional Hourly Rate Management Reserve Fund $
❑
❑ Cost Per Unit of Work Maximum Amount Payable $ 135,937.00
Index of Exhibits (Check all that apply):
N Exhibit A-1 Scope of Work ❑ Exhibit G-2 Fee-Sub Specific Rates
❑Exhibit A-2 Task Order Agreement N Exhibit G-3 Sub Overhead Cost
❑ Exhibit B-1 DBE Utilization Certification N Exhibit H Title VI Assurances
N Exhibit C Electronic Exchange of Data N Exhibit I Payment Upon Termination of Agreement
❑ Exhibit D-1 Payment-Lump Sum N Exhibit J Alleged Consultant Design Error Procedures
❑ Exhibit D-2 Payment-Cost Plus N Exhibit K Consultant Claim Procedures
N Exhibit D-3 Payment-Hourly Rate ❑ Exhibit L Liability Insurance Increase
❑ Exhibit D-4 Payment-Provisional N Exhibit M-la Consultant Certification
❑ Exhibit E-1 Fee-Lump/Fixed/Unit N Exhibit M-lb Agency Official Certification
N Exhibit E-2 Fee-Specific Rates N Exhibit M-2 Certification-Primary
N Exhibit F Overhead Cost N Exhibit M-3 Lobbying Certification
N Exhibit G Subcontracted Work ❑ Exhibit M-4 Pricing Data Certification
N Exhibit G-1 Subconsultant Fee ❑ App. 31.910 Supplemental Signature Page
THIS AGREEMENT,made and entered into this Cd day of rnatC4/ , 2011 ,
between the Local Agency of City of Renton Washington,hereinafter called the"AGENCY",
and the above organization hereinafter called the"CONSULTANT".
DOT Form 140-089 EF Page 1 of 8
Revised 3/2008
WITNESSETH THAT:
WHEREAS,the AGENCY desires to accomplish the above referenced project,and
WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration, if applicable,and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein, or attached
and incorporated and made a part hereof,the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor,and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive
advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress and presentation meetings
with the AGENCY and/or such Federal, State, Community,City or County officials,groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color,national origin,or
sex in the performance of this contract. The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises(DBE), if required,per 49 CFR Part 26, or participation of Minority
Business Enterprises(MBE),and Women Business Enterprises(WBE), shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be
shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the
AGENCY'S"DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All
electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C."
All designs,drawings, specifications,documents,and other work products, including all electronic files,prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY
of any such instruments of service,not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and &4letion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,
equipment,and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub-Contracting
The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G."
The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be
substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub-
contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum
amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide
employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to
pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee,
commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or
making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion,to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission,percentage,brokerage fee,gift,or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
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third party as a consequence of any omission on the part of the CONSULTAN4ployees or other persons
while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any
professional or technical personnel who are, or have been,at any time during the period of the contract,in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees,without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract,the CONSULTANT,for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"H"in
every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the
Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
In such an event,the amount to be A00hall be determined by the AGENCY with cAiration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally
required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is
usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so,and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount,which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to
be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership,termination of the corporation,or disaffiliation of the
principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY.This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT,with the AGENCY'S concurrence, desire to terminate this AGREEMENT,payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for
failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided,
however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree,disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning
claims will be conducted under the procedures found in Exhibit"K".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington,situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims,demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE,their agents,officers and employees;and provided further that if the claims or suits are caused by or result
from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the
STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon
such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction
contracts, if any,on the PROJECT. Subject to the processing of a new sole source,or an acceptable supplemental
agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By
providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job
site safety,or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars($2,000,000)for bodily injury, including death and property damage.The per occurrence amount shall
not exceed one million dollars($1,000,000).
C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT,the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
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The AGENCY will pay no progresAwcents under Section V until the CONSULTA*4as fully complied with this
section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT,or otherwise in law.
XIV Extra Work
A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of
any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other
terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum
amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under
this clause within thirty(30)days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this
AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit"M-I(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M
-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions,
Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"
Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over$100,000 and
Exhibit"M4"is required only in AGREEMENTS over$500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be
liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,representations,
warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the
CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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In witne whereof, the parties h have executed this AGREEMENT as ofday and year shown in the
"Execu on Date" box on page one (1) of this AGREEMENT.
By V2- By
Denis aw, Mayor
Consultant Otak, Inc. Agency City of Renton
Attest:
Bonnie I . Walton, City Clerk
eX
�^ (0 a
DOT Form 140-089 EF
Revised 3/2008 Page 8 of 8
Scope of Work
City of Renton
Highlands to Landing Pedestrian Connection
Exhibit A- I Scope of Work
Introduction and Background
This project will provide for pedestrian connectivity between the Highlands neighborhood and the
recently constructed Landing shopping area, as well as Gene Coulon Memorial Beach Park (Coulon
Park). Interstate 405 separates the neighborhood from these two areas, and no pedestrian facilities
exist along NE Park Drive east of I-405 to Garden Avenue N. An informal trail does connect
pedestrians towards the Park, but it is partially on private property and is not accessible for
physically challenged pedestrians.
The City also has two other projects currently under design, one to improve truck movements at the
NE Park Drive/Garden Avenue N intersection, and the other to connect eastbound bicycle traffic
from NE Park Drive to the Houser Way N trail system,via a multi-use trail along the north side of
Lowes's property. The Highlands to Landing Pedestrian Connection project will be coordinated
with these projects, and may incorporate the bicycle trail project in to the construction documents.
Additionally, the design of this project may also require coordination with the design of the
Southport project by private development.
In addition to the primary goal of providing accessible pedestrian facilities,improving connections
for bicycle use on Sunset Boulevard NE may be considered. The project will certainly have other
goals to meet as well,but they have not been defined yet, and will be identified and prioritized as
part of the first phase of this project.
Phasing
The project will be accomplished in three phases:
Phase I—Preliminary Design
At this point, the preferred project alternative is still undefined. Phase 1 will begin by gathering data,
performing topographic survey and right-of-way resolution,identifying and prioritizing project
goals, and looking at alternatives to meet the goals. An alternatives analysis memorandum will be
prepared and reviewed by the City. The City will determine which alternative to go forward with.
Work up to this point is described as Phase 1A throughout this scope of work. It is anticipated that
the following items of work will be needed to accomplish Phase 1A:
• Topographic surveying,basemapping, and right-of-way resolution.
• Gather pertinent data including sensitive areas reconnaissance.
• Initiate coordination efforts with WSDOT.
H i g h t and s t o L and i n g P e d e s t r i an C on n e c t i on 1
otak
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Scope of Work
Continued
• Determine work required to achieve a successful permitting strategy, including documented
discussions with appropriate permitting agency staff.
• Identify and prioritize project goals through interdepartmental coordination (by the City).
• Identify project alternatives. Alternatives may vary in length but will likely measure
approximately 1,800 feet. The project location along the eastern 800 feet will not vary
significantly. Along the western portion, the siting of the pedestrian facilities may follow the
edge of NE Park Drive or descend to the vicinity of Lake Washington Boulevard via ramps
and/or stairs.
• Traffic analysis as needed related to capacity on NE Park Drive and impact of alternatives on
NE Park Drive/Garden Avenue N intersection and SB I-405/NE Park Drive ramp intersection.
• Gather information on existing utilities and perform a cursory review of impact utilities will have
on each alternative.
• Alternatives will be analyzed and briefly described in the alternatives analysis memorandum.
Once an alternative has been selected, Otak will continue gathering data and proceed with the
development of the design to the 30 percent design level. Environmental data will be compiled and
technical memoranda will be prepared to document existing conditions and project impacts for each
project element,including sensitive areas,roadway storm runoff, traffic,geotechnical, utilities, and
construction staging. This documentation will be assembled into a design report.
After the preferred alternative has been selected,but prior to completion of Phase 1, Otak will
prepare the scope of work for Phases 2 and 3 for City review and contract processing. A preliminary
outline of the Phase 2 and 3 scopes have been included with this scope. Upon completion of Phase
1, a contract supplement will be prepared to carry the project into final design and construction
document preparation. Otak will not proceed beyond Phase 1—Preliminary Design phase without
authorization of the City.
The work in Phase 1 will be completed within six months from Notice to Proceed.
Phase 2– Final Design and Permitting
Based on the assumption that no right-of-way acquisition will be needed for this project, and
environmental issues will be minor on this project, the work will proceed directly into Phase 2, the
final design and construction documents (plans, special provisions, and engineer's estimate) will be
prepared in accordance with the City and WSDOT Standards. Environmental documentation and
permits will be prepared and submitted in Phase 2 to obtain necessary permits for construction.
Phase 3 – Construction Support
Upon completion of Phases 1 and 2, Otak may assist the City with review of Contractor submittals,
shop drawings, evaluation of change proposals, and responding to questions from the City and
Contractor, as directed by the City.
Highlands to Landing Pedestrian Connection 2
otak
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Scope of Work
Continued
Project Schedule
The preliminary project schedule will be developed upon notice to proceed for the project and
updated as changes occur. The anticipated major milestones are:
Phase Milestone
1A Project goals defined and prioritized
1A Alternatives Analysis Memorandum, including planning level cost estimates
1A City Review and Selection of Preferred Alternative
1B Preliminary Design Report,including technical memoranda from each discipline and
30%Plans and Cost Estimate
1B Scoping and contract amendment for Phase 2 work
2 SEPA Compliance
2 Environmental Classification Summary (ECS) Completion for NEPA compliance
2 60% Design Completion
2 90% Design Completion
2 Final PS&E Completion
The duration of the reviews by the City,WSDOT, and other permitting agencies if any will be
provided in the project schedule. Mutually agreeable changes to the project schedule,whether
initiated by the City or Otak,may be the basis for adjustments in the project budget.
Work to be Performed by Subconsultants
The following work will be performed by subconsultants:
• Traffic analysis, signal design, and illumination design by Transportation Engineering Northwest
(TENW)
• Geotechnical investigations and analysis by GeoEngineers
• Cultural resources investigation and analysis during Phase 2,by an as yet undetermined
subconsultant.
Items and Services to Be Furnished by the City
The City will provide the following items and services to Otak. Otak is entitled to rely on the
accuracy and completeness of this and other data furnished and represented by the City and others.
• Available as-built drawings and information on other projects in the immediate vicinity.
• Traffic counts for pavement design.
• Available traffic data and models for traffic analysis and signal design.
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Continued
• Rights-of-entry upon all lands necessary for the performance of the work if any.
• Timely reviews of Otak submittals at the mutually agreed upon times set forth in the project
schedule and the consolidation of all review comments by others onto one review set prior to
return to Otak.
• Payment of all review and/or permit fees.
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Scope of Work
Continued
PHASE I—PRELIMINARY DESIGN
1 .0 Project Management (Phases I A and I B)
1.1 Project Management and Coordination
Otak will manage contract issues, coordinate execution of the project, and meet periodically with the
City project manager and City staff. Some of the tasks include:
• Preparing a work plan.
• Conducting a kickoff meeting at the beginning of the project.
• Developing the project schedule and updating it as changes occur.
• Meeting with the City project manager and/or staff periodically.
• Prepare scope for Phases 2 and 3 of the project.
A project work plan will be prepared and a kickoff meeting held at the start of the project to discuss
project approach,process and schedule with the design team. A project schedule (MS Project) will
be developed and maintained as part of this task.
Otak's project manager will provide direction to the project team,including subconsultants, and
conduct project coordination meetings with appropriate task leaders. The project manager will
monitor the project planned budget versus actual progress and take corrective actions if necessary.
Otak will prepare and submit monthly invoices and a brief progress report to reflect progress over
the last billing period and anticipated activities over the next billing period.
1.2 Quality Assurance/Quality Control (QA/QC)
The project work will receive quality checks at appropriate junctures in the progress. Specifically, the
design plans, cost estimates, technical memoranda, and reports will be reviewed by at least one
senior design team member with knowledge of the subject matter and by Otak's Project Manager or
Principal in Charge.
Assumptions:
• Otak's Project Manager will meet face to face with the City Project Manager/engineer on as-
needed basis. For budget purposes, Otak will assume three meetings, excluding kick-off meeting.
Meeting time for the Project Manager and Principal In Charge is budgeted under this task.
• Internal project team coordination meetings will be held on a monthly basis during the project
duration. These meetings will be in addition to the coordination meetings held with the City,but
budgeted as part of the specific work tasks.
• QA/QC will be required for approximately 19 plan sheets, 5 cost estimates, 6 technical
memoranda, and the Preliminary Design Report.
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Scope of Work
Continued
Deliverables:
• Monthly Invoices and Progress Reports
• Project Work Plan
• Project Schedule (as updated)
• Meeting summary notes
2.0 External Coordination (Phases I A and I B)
2.1 WSDOT Coordination
As the project is located within WSDOT's limited access area for 1-405, all project elements may
require WSDOT approval. Otak will coordinate with WSDOT throughout the project duration.
During Phase 1,it is assumed that this coordination will involve up to three (3) meetings with the
WSDOT liaison or other decision makers. Additional communication will be conducted by
telephone and email. Telephonic communications will be documented and email records will be
preserved. Coordination will be needed on the following topics:
• Right of way—limited access rights only or fully owned by WSDOT?
• Delineation of authority and responsibility between WSDOT and City on project elements with
respect to design standards and review/approval authority, e.g. bridge alterations,
channelization,illumination, etc.
• Current status of I-405 NE Park Drive interchange project and how it relates to the City's
project.
• Input into concept selection.
• Review of 30% design plans.
Additional coordination and meetings are anticipated during Phase 2 Final Design.
2.2 Utility Coordination
Otak will begin communications with franchise utility companies shortly after the notice to proceed,
to gather information on the existing utilities, to verify status of the existing facilities, and to discuss
any potential impacts to utilities,including relocation,generated by the project alternatives.
Telephonic communications will be documented and email records will be preserved.
3.0 Data Collection (Phase I A)
3.1 Review Existing Data
Otak will gather information pertinent to the project. Some of the tasks include the following:
• Conduct a site visit to become familiar with the site conditions and take photographs, gather
field measurements, and record observations.
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Scope of Work
Continued
• Coordinate with the City to collect available information pertinent to the project, including as-
built drawings,utilities, traffic data, and information obtained during past and present Cite
projects and development-driven projects.
3.2 Topographic Survey and Basemapping
Otak will notify utilities of the project and obtain utility as-built drawings, retain a utility-locating
service to field-locate underground utilities, survey and map existing utilities within the project limits
from field locates,visible above ground appurtenances, and utility as-built drawings.
Otak will establish horizontal and vertical control, survey existing monumentation and establish and
map existing right-of-way lines from WSDOT Right of Way Maps and deeds of record, King
County Tax Assessor's maps and other record information to include on the base map. Property
lines will be shown approximately.
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As applicable to project description and the limits shown in blue on the sketch above, Otak will field
survey existing surface features,including topography breaks,pavement and other hardscape, trees
over eight inches in diameter, utilities,wetland flagging,invert elevations and pipe dimensions.
Survey of storm drainage facilities will extend at least one structure upstream and downstream
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beyond the project limits. The blue area is approximately 50 feet wide and 1,250 feet long. Within
the limits shown in yellow, Otak will field survey channelization, bridge surface features, and traffic
signal features. Within the limits shown in pink, Otak will supplement mapping from GIS and
LIDAR sources and previous City projects,with field survey to provide mapping accurate enough to
complete concept selection and 30% level design,including ground shots to verify or correct
contours and surface features not shown on mapping sources. A base map will be prepared showing
existing planimetric features with contour lines at one-foot intervals, compiled at a scale of 1 inch
equals 20 feet. Additional field survey and basemapping will be required in Phase 2 to provide
enough information for final design.
Otak will prepare up to five (5) traffic control plans for submittal to the City and/or WSDOT. Otak
will provide traffic control services through a contractor and coordinate with the City and WSDOT
in advance of beginning survey work as required by permit conditions.
Deliverable:
• Basemap, 1" = 20' scale
Assumptions:
• The City will provide the existing information and requirements relevant to the project as
available,including current GIS data, as-built drawings, other City projects in the vicinity
including existing survey files in AutoCAD format, and information on City-owned utilities.
3.3 Environmental Data Collection
Otak will review existing reports and conduct field work to collect the data needed for the
preparation of the technical documents and permit applications for the project. Technical
documents and permit applications will be prepared as part of Phase 2. Wetland delineations will be
conducted to meet the requirements of City of Renton critical area ordinances and the Corps of
Engineers. Data sheets documenting the field work will be compiled. Results will be reported in a
brief memorandum.
Otak will contact permitting agencies and the Muckleshoot tribe to discuss the project goals,
limitations, and scope of work to gauge acceptance of the project concepts. The dialogue with these
agencies will be documented for the file and used to propose permitting strategies in the Preliminary
Design Report.
Deliverable:
• Sensitive Area Reconnaissance Memorandum
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Scope of Work
Continued
Assumptions:
• Environmental staff will attend the kickoff meeting, and up to one additional meeting with City
staff.
3.4 Geotechnical Reconnaissance (GeoEngineers)
The purpose of GeoEngineers' services is to review available geologic and subsurface information to
provide a basis for establishing preliminary geotechnical design recommendations for the project's
Preliminary Design—Phase 1. Our specific scope of services includes the following tasks:
1. Review geologic maps, topographical maps, and available geotechnical reports of the site and
vicinity in our database and available from the City of Renton and WSDOT.
2. Perform a reconnaissance of the project area to evaluate the existing site conditions.
3. Evaluate pertinent physical and engineering characteristics of the soils based on the existing
explorations and laboratory testing completed at the site and our experience based on the
geologic setting.
4. Evaluate preliminary geotechnical considerations for the proposed improvements (i.e.
retaining walls, elevated walkway foundations, and foundations for luminaries and signal
poles) based on the existing geotechnical information to assist the design team in weighing
alternative designs for the project.
5. Prepare a summary memorandum of the results of our evaluations. This will include a
summary of:
• Local geologic conditions;
• Historic subsurface information;
• Critical/sensitive and/or geologic hazard areas,
• Preliminary geotechnical design considerations, as appropriate.
The memorandum will be presented draft for review by the project team. Review comments
will be incorporated into the final memorandum as appropriate.
6. Provide consultation and attend meetings, as requested.
Deliverable:
• Draft and Final Geotechnical Memorandum
Assumptions:
• This scope covers only Phase 1 —Preliminary Design and does not include a subsurface
investigation program and therefore only preliminary geotechnical recommendations and
conclusions will be provided based on existing information and data. Subsequent scopes will be
developed for future phases of the project to include a subsurface exploration program and to
provide design level geotechnical recommendations specific to the selected preferred alternative
design.
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Scope of Work
Continued
• The City will provide any existing geologic and geotechnical studies information within the
project vicinity,if available.
• GeoEngineers staff will attend the kickoff meeting, and up to one additional meeting with Otak
and City staff.
3.5 Traffic Analysis (TENW)
Phase 1A will include traffic analysis—data collection and evaluation of current operations.
The Baseline Alternative represents Existing Conditions of the transportation system between the
I-405 SB On/Off Ramps and Logan Avenue, along NE Park Drive as well as the Lake Washington
Boulevard Corridor through the Gene Coulon Park Entrance that also serves the Southport
Development.
Additionally, a sensitivity analysis to address potential pedestrian crossing treatments at signalized
intersections and vicinity,would be conducted at the NE Park Drive and Garden Avenue N/Lake
Washington Boulevard intersection and if needed, at the Lake Washington Blvd/Gene Coulon Park
entrance intersection.
TENW would also work with Otak and the City staff on development of conceptual channelization
plans to evaluate configurations of NE Park Drive,Lake Washington Boulevard or other alignments
to incorporate roadway frontage treatments to accommodate the Trail link, evaluate crossing
treatment options at each location, assist in the development and evaluation of alternative Trail
alignments, and other support.
The traffic analysis, results and recommendations will be summarized in a Technical Memorandum,
for inclusion in the Alternatives Analysis Technical Memorandum. The memorandum will also be
incorporated into the Preliminary Design Report during Phase 2.
Deliverable:
• Summary of traffic alternatives analysis for inclusion in the Alternatives Analysis technical
memorandum and the Preliminary Design Report.
• Preliminary design input into alternative crossing treatment options.
Assumptions:
• TENW staff will attend the kickoff meeting, and up to two additional meetings with Otak and
City staff.
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Scope of Work
Continued
3.6 Identify and Prioritize Project Goals
The City will identify and prioritize project goals, using an interdepartmental process to address all
potential City interests.
Otak will support the City's efforts by attending the interdepartmental meeting, preparing graphical
representations of the project site and at least two potential alignments for the pedestrian facilities,
as well as additional background information discovered under Task 3.
4.0 Alternative Analysis (Phase I A)
4.1 Identify Alternatives and Evaluation
Alternatives will be identified and defined to best fit the project goals determined in subtask 2.3. Up
to four alternatives will be developed to a conceptual level, represented in plan layout and typical
sections. Since the design criteria will not be known definitively at this point, the layouts will be
approximate in nature. Planning level cost estimates will be prepared for each.
Alternatives may vary in length but will likely measure approximately 1,800 feet. The project location
along the eastern 800 feet will not vary significantly, following an alignment parallel to NE Park
Drive and terminating at the existing sidewalk across from the northbound off ramp of I-405.Along
the western portion, the siting of the pedestrian facilities may follow the edge of NE Park Drive or
descend to the vicinity of Lake Washington Boulevard/Houser Way via ramps and/or stairs.
Variants to these alternatives may also be proposed to provide additional options to selected
portions.
These alternatives will be addressed in a technical memorandum. The intent of the memorandum
will be to briefly describe the analysis method and results for each alternative, and provide the City
with adequate information to select a preferred alternative. The memorandum will contain input
graphical representations of each alternative in plan view and typical section, along with a
comparison of each alternative to the project goals,identification of any fatal flaws or significant risk
factors, and planning level cost estimates. All other documentation will be included in the
Preliminary Design Report at completion of 30% design.
Deliverable:
• Alternative Analysis Technical Memorandum with conceptual layouts, 12 plan sheets.
5.0 Preliminary Design (Phase 1 B)
From the information presented in the Alternative Analysis Technical Memorandum, the City will
select a preferred alternative. Otak will then proceed with the development of the design of the
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Scope of Work
Continued
selected alternative to the 30 percent design level,including preparation of a reliable project cost
estimate, and prepare a Preliminary Design Report to document findings and design standards.
5.1 Develop Design Criteria
Otak will document the design criteria for each project element including pedestrian facilities, bridge
construction or alteration,if any,retaining walls,roadway, channelization, traffic signals,
illumination, storm drainage, utilities, landscaping and urban amenities in a technical memorandum
for review and comment by the City. The City's comments will be incorporated into the
memorandum and included in the Preliminary Design Report.
Deliverable:
• Design Criteria Technical Memorandum.
5.2 Hydrologic and Hydraulic Analysis
Otak will complete a preliminary hydrologic analysis for the project. Specific activities include the
following:
• Review existing drainage features and drainage patterns of the existing roadway and adjacent
properties.
• Conduct a field reconnaissance of project area and vicinity including downstream analysis.
• Define hydrologic characteristics of the watershed as it pertains to the project, such as subbasin
boundaries, area,land cover, soil types, flow paths and tunes of concentration.
• Define hydrologic characteristics for the project using the selected alternative.
Otak will complete a preliminary hydraulic analysis for the road widening project to estimate the
requirements for water quality treatment and detention. This preliminary analysis will utilize the
results of the preliminary hydrologic analysis. The purpose of this preliminary sizing of water quality
treatment and detention options is to allow the project team to evaluate opportunities and
constraints for placing the facilities within the project limits, consideration of appropriate Low
Impact Development techniques, and preparation of a reliable project cost estimate.
Results will be summarized in a technical memorandum and included in the Preluizinary Design
Report. The memorandum will again be used during Phase 2 as part of the Technical Information
Report required by the 2009 King County Surface Water Design Manual as amended by the City or
Renton.
Deliverable:
• Preliminary Hydrologic and Hydraulic Technical Memorandum.
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Scope of Work
Continued
5.3 30% Design
5.3.1 30% Sidewalk, Retaining Wall, Drainage and Landscaping Design
Otak will proceed with the development of the selected alternative to the 30% design level for the
roadway, trail, drainage, and landscaping project elements. The 30% design level will show
horizontal layout of curb, gutter, sidewalk, landscaping strips, storm drainage facilities, retaining
walls, and guardrail, and approximate locations of any other features that have a significant cost
associated with them. Typical sections and a vertical profile of the sidewalk will also be included.
Otak will evaluate the potential incorporation of low impact development (LID) techniques to
address water quality treatment and detention requirements within the project area. Approximately
six (6) plan sheets and a cost estimate will be prepared for inclusion in the Preliminary Design
Report.
Deliverables:
• Six (6) plan sheets.
• Cost estimate for inclusion in the Preliminary Design Report.
5.3.2 30% Bridge Modification Design, if applicable
If the selected alternative includes bridge modifications, Otak will prepare a conceptual layout
drawing and typical section and estimate costs for inclusion in the Preliminary Design Report.
Deliverables:
• One (1) plan sheet.
• Cost estimate for inclusion in the Preliminary Design Report.
5.3.3 30% Signal and Illumination Design (TENW)
Preliminary design will include 30% design plans and cost estimate for any traffic signal
modifications and illumination needed for the selected alternative. The 30% design level will be
schematic with the intention of determining reliable costs and coordination issues. The style of
illumination system will be identified and approximate spacing will be evaluated. The selected system
will be shown approximately on 30% design plan sheets prepared by Otak.
Deliverables:
• Electronic 30% Design Layout for traffic signals and illumination, for inclusion on Otak-
prepared plan sheets.
• Cost estimate for inclusion in the Preliminary Design Report.
Assumptions:
• This scope assumes that two signals will be added or modified in the selected alternative.
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Scope of Work
Continued
5.4 Preliminary Design Report
As the preferred alternative is completed to a 30% design level, technical memoranda,reports,plans
and cost estimates will be assembled into the Preliminary Design Report. The report will contain
input prepared under several of the preceding tasks as described in each section, as well as 30%
design-level plans and cost estimate.
The contents of the Preliminary Design Report will include the following:
• Project Introduction
• Project Goals
• Design Criteria and Exceptions
• Summary of Alternatives Analysis,including Traffic Alternatives Analysis Summary
• Existing Conditions
• Sensitive Area Reconnaissance Memorandum
• Geotechnical Memorandum
• Preliminary Hydrologic and Hydraulic Technical Memorandum
• Permitting Strategy
• Utility Coordination
• Roadway,Trail and Retaining Wall Design Considerations
• Bridge Modification Design Considerations,if applicable
• Cost Estimate
• 30% Design-level Plans (7 plan sheets)
• Site Photos
The Preliminary Design Report will be submitted in draft form to the City for review, comment
and/or approval. Any significant revisions required by comments will be made as part of Phase 1
and the report will be resubmitted to the City. Final comments will be addressed and the report will
be finalized as part of Phase 2 work.
Deliverable:
• Preliminary Design Report, eight (8) copies.
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Scope of Work
Continued
PHASE 2—FINAL DESIGN AND PERMITTING
(The following scope outline may be incomplete, and is presented for informational purposes only.)
1.0 Project Management
• Project Management and Coordination
• QA/QC
2.0 External Coordination
• WSDOT Coordination
• Utility Coordination
• Engineering Design of Utility Relocation (if any)
3.0 Supplemental Basemapping
4.0 Geotechnical Investigation (GeoEngineers)
• Subsurface exploration, laboratory testing and geotechnical analysis
• Additional consultation as design develops.
5.0 Environmental Documentation and Permitting
6.0 Cultural Resource Investigation
7.0 Traffic Engineering (TEN"
8.0 Sidewalk, Structure, Stormwater, Landscaping and Urban Amenities Design
9.0 Specifications
10.0 Construction Cost Estimates
11.0 Public Outreach
12.0 Assistance during Bid Period
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(404, J
PHASE 3 - CONSTRUCTION SUPPORT
(The following scope outline may be incomplete, and is presented for informational purposes only.)
If requested by the City, at the completion of Phase 2 Otak will provide the following services
during the construction phase of the project.
1 .0 Construction Assistance
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(V� j
Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency. The format and standards to
be provided may include, but are not limited to,the following:
I. Surveying, Roadway Design&Plans Preparation Section
A. Survey Data
B. Roadway Design Files
C. Computer Aided Drafting Files
D. Specify the Agency's Right to Review Product with the Consultant
E. Specify the Electronic Deliverables to Be Provided to the Agency
F. Specify What Agency Furnished Services and Information Is to Be Provided
II. Any Other Electronic Files to Be Provided
III. Methods to Electronically Exchange Data
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
DOT Form 140-089 EF Exhibit C
Revised 6/05
(400 J
Exhibit D-3
Payment (Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor,materials, supplies, equipment, and incidentals necessary to complete the
work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibit`B"and"F"attached hereto and by this reference made
part of this AGREEMENT. The rates listed shall be applicable for the first twelve(12)month
period and shall be subject to negotiation for the following twelve(12)month period upon request
of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or
subsequent twelve(12)month periods within ninety(90)days after completion of the previous
period,the rates listed in this AGREEMENT,or subsequent written authorization(s)from the
AGENCY shall be utilized. The rates are inclusive of direct salaries,payroll additives, overhead,
and fee. The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
2. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to,the following items: travel,
printing, long distance telephone, supplies,computer charges and sub-consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs(excluding air,train, and rental
car costs)in accordance with the AGENCY'S Travel Rules and Procedures.
However, air,train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205-46 "Travel Costs."
b. The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT.
C. The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to
provide the Agreement Administrator with the flexibility to authorize additional funds to the
AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional
work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing
and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the
heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown
in the heading of this AGREEMENT. This fund may not be replenished.Any changes requiring
additional costs in excess of the Management Reserve Fund shall be made in accordance with
Section XIV, "Extra Work."
DOT Form 140-089 EF Exhibit D-3
Revised 3/09
4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of
this AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount
Authorized,and the Management Reserve Fund. The Maximum Total Amount Payable does not
include payment for Extra Work as stipulated in Section XW, "Extra Work."No minimum
amount payable is guaranteed under this AGREEMENT.
5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs
authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for
hours expended at the rates established in Exhibit"E", including names and classifications of all
employees, and billings for all direct non-salary expenses. To provide a means of verifying the
billed salary costs for the CONSULTANT'S employees,the AGENCY may conduct employee
interviews.These interviews may consist of recording the names,titles, salary rates, and present
duties of those employees performing work on the PROJECT at the time of the interview.
6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS&E,plans,maps,notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit, all required adjustments will be made and reflected in a final
payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the
CONSULTANT will refund such overpayment to the AGENCY within thirty(30) days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT
has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3)years after receipt of final payment,the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception: if any litigation, claim or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three(3)year period,the cost records and accounts
shall be retained until such litigation, claim, or audit involving the records is completed.
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f E
O U'V O E
PIC/Sr.PM
Civil
N A m
N v
N A Gam. N A N N CE III U
N O
N c N
N .-. Engr Designer
W 5ra N N IJ N N III
O -4 O
c4 N Sr GIS Specialist
� m
m A N
Landscape
C, °� J J v Architect V
10 a, 2
n
Landscape b
Jo Technician II
,Tech IV g d
A -i N
PI er -Sr.
o N m
Manager
L\ J m
a Sr.Professional z
m A J Land Surveyor I
00
ara c 2-Man Crew
0 0 0
N P;1
w 00: Contract Admin
P J 00
Total Hours
O N ` j(Otak)
N N e\ W U N N IJ 40 AI!
v A. m W A C m A N tJ N A O A tJ m �
'Total Fee by f I
N 22'2 " Task(Otak)
J N A C •
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GeoEngineers =
4 A
O
O
_W
TI'.IV W
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Total Fee by —
vWi Task(Team)
—
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Exhibit E-2
Otak,Inc.
Consultant Fee Determination--Summary Sheet
Fee Schedule
DIRECT LABOR COSTS
Classification Direct Salary Rate Overhead Fee Billing Rate
152.02% 31.12%
(Examples) Minimum Maximum Minimum Maximum Minimum Maximum Minimum
PIC/Sr.PM Architecture $5169 $63.11 $87.70 $95.93 $17.95 $19.64 $163.34 $178.68
Sr.PM-Architecture $50.00 $52.50 $76.01 $79.81 $15.56 $16.34 $141.57 $148.65
Project Mana er/Arcltect $41.00 $45.43 $62.33 $69.07 $12.76 $14.14 $116.09 $128.64
Arcltect III $35.58 $43.00 $54.09 $65.36 $11.07 $13.38 $100.74 $121.74
Architect I $31.25 $32.81 $47.51 $49.88 $9.73 $10.21 $88.48 $92.91
Architectural"Technician III $33.65 $35.33 $51.15 $53.711 $10.47 $11.00 $95.28 $100.04
Architectural Technician II $24.04 $28.35 $36.55 $43.10 $7.48 $8.82 $68.07 $80.27
Architectural Technician 1 $20.19 $24.22 $30.69 $36.82 $6.28 $7.54 $57.17 $68.59
3D/Visualization Specialist II $33.65 $35.33 $51.15 $53.71 $10.47 $11.00 $95.28 $100.04
Sr.PIC/Sr.PM Civil $64.90 $70.68 $98.66 $107.44 $20.20 $21.99 $183.76 $200.11
PIC/Sr.Project Manager Civil $60.10 $65.63 $91.36 $99.761 $18.70 $20.42 $170.17 $185.81
Civil Engineer X $56.22 $59.06 $85.47 $89.79 $17.50 $18.38 $159.18 $167.23
Civil Engineer I3 $52.88 $55.52 $80.39 $84.41 $16.46 $17.28 $149.72 $157.21
Civil Engineer VIII $46.00 $53.00 $69.93 $80.58 $14.32 $16.49 $130.24 $150.08
Civil Engineer VII $45.00 $47.51 $68.41 $72.23 $14.001 $14.79 $127.41 $134.53
Civil Engineer VI $41.14 $44.63 $62.54 $67.84 $12.80 $13.89 $116.48 $126.35
Civil Engineer V $39.66 $42.91 $60.29 $65.24 $12.34 $13.35 $112.29 $121.51
Civil Engineer IV $36.06 $37.86 $54.82 $57.56 $11.22 $11.78 $102.10 $107.21
Civil Engineer III $32.93 $36.44 $50.06 $55.39 $10.25 $11.34 $93.24 $103.16
Civil En ' eer II $29.00 $33.74 $44.09 $51.29 $9.02 $10.50 $82.11 $95.52
Civil Engineer I $25.75 $30.29 $39.15 $46.05 $8.01 $9.43 $72.91 $85.77
Engineering Designer IV $31.50 $33.08 $47.89 $50.28 $9.80 $10.29 $89.19 $93.65
Engineering Designer III $27.26 1 $29.75 $41.44 $45.22 $8.48 $9.26 $77.18 $84.22
Engineering Designer II $25.00 $28.27 $38.01 $42.97 $7.78 $8.80 $70.79 $80.03
Engineering Designer I $23.08 $24.23 $35.09 $36.84 $7.18 $7.54 $65.35 $68.62
Engineering Technician VI $34.14 $38.87 $51.90 $59.09 $10.62 $12.10 $96.66 $110.06
Engineering Technician V $30.00 $34.32 $45.61 $52.18 $9.34 $10.68 $84.94 $97.19
Engineering Technician I\' $26.44 $29.48 $40.19 $44.82 $8.23 $9.18 $74.86 $83.48
Engineering Technician 11I $23.56 $26.00 $35.82 $39.52 $7.33 $8.09 $66.71 $73.61
Engineering Technician II $21.32 $22.39 $32.41 $34.03 $6.63 $6.97 $60.37 $63.38
Engineering Technician 1 $18.50 $19.43 $28.12 $29.53 $5.76 $6.05 $52.38 $55.00
Sr.PIC/Sr.PNI LA/Master Planner $69.71 $73.20 $105.97 $111.27 $21.69 $22.78 5197.38 $207.25
PIC/Sr.PM LA/Master Planner $52.40 $56.29 $79.66 $85.57 $16.31 $17.52 $148.37 $159.38
Landscape Architect V $38.46 $40.38 $58.47 $61.39 $11.97 $12.57 $108.90 $114.34
Landscape Architect IV $34.13 $37.36 $51.88 $56.79 $10.62 $11.63 $96.64 $105.78
Landscape Architect III $32.69 $35.33 $49.70 $53.71 $10.17 $11.00 $92.56 $100.04
Landscape Technician III $24.04 S27.26 $36.55 $41.44 $7.48 $8.48 $68.07 $77.18
Landscape Technician I1 $22.60 $24.23 $34.36 $36.84 $7.03 $7.54 $63.99 $68.62
Landscape Technician 1 $20.00 $22.71 $30.40 $34.53 $6.22 $7.07 $56.63 $64.31
Urban Designer V $52.88 $55.52 $80.39 $84.41 $16.46 $17.28 $149.72 $157.21
Urban Designer IV $46.54 $48.87 $70.75 $74.29 $14.481 $15.21 $131.77 $138.36
Urban Designer 11 $35.58 $40.38 $54.09 $61.39 $11.07 $12.57 $100.74 $114.34
PIC/Sr.PNI Planner $60.10 $65.63 $91.36 $99.76 $18.70 $20.42 $170.17 $185.81
Sr.Pro.Mgr.-Planner 1 $46.88 $54.60 $71.27 $83.00 $14.59 $16.99 $132.74 $154.59
Planner III $40.87 1 $42.91 1 $62.13 $65-241 $12.72 $13.35 $115.721 $121.51
Planner 11 $28.85 1 $36.75 1 $43.861 S55.871 $8.981 51144 S81.691 $104.05
2/28/2011
(60,
Exhibit E-2
Otak,Inc.
Consultant Fee Determination--Summary Sheet
Fee Schedule
DIRECT LABOR COSTS
Classification Direct Salary Rate Overhead Fee Billing Rate
152.02% 31.12%
(Examples) Minimum Maximum Minimum Maximum Minimum Maximum Minimum
Planner I $26.44 $27.76 $40.19 $42.20 $8.23 $8.64 $74.86 $78.61
Planner Associate III $23.08 $24.74 $35.09 $37.61 $7.18 $7.70 $65.35 $70.04
Planner Associate II $21.15 $22.21 $32.15 $33.76 $6.58 $6.91 $59.88 $62.88
Planner Associate I $20.19 $21.20 $30.69 $32.23 $6.28 $6.60 $57.17 $60.02
Sr.GIS Specialist Plannr $29.71 $31.20 $45.17 $47.42 $9.25 $9.71 $84.12 $88.33
GIS Specialist $25.48 $26.75 $38.73 $40.67 $7.93 $8.33 $72.14 $75.75
PIC/Scientist S60.10 $63.11 $91.36 $95.93 $18.70 $19.64 $170.17 $178.68
Scientist III $36.40 $40.81 $55.34 $62.04 $11.33 $12.70 $103.06 $115.56
Scientist 11 $25.00 $26.25 $38.01 $39.91 $7.78 $8.17 $70.79 $74.32
Scientist 1 $20.80 $21.84 $31.62 $33.20 $6.47 $6.80 $58.89 $61.84
PIC/PLS-Sr.Manager $64.90 $68.15 $98.66 $103.59 $20.20 $21.21 $183.76 $192.95
PLS Sr.Manager $43.27 $51.49 $65.78 $78.28 $13.47 $16.02 $122.51 $145.79
PLS-Project Manager $38.73 $40.67 $58.88 $61.82 $12.05 $12.66 $109.66 $115.14
Sr.Professional Land Surveyor $33.65 $36.75 $51.15 $55.871 $10.47 $11.44 $95.28 $104.05
Professional Land Surveyor $28.38 $31.50 $43.14 $47.89 $8.83 $9.80 $80.36 $89.19
Survey Technician $27.50 $31.50 $41.81 $47.89 $8.56 $9.80 $77.86 $89.19
Survey Tech 11,Sr.Field Party Chief $23.00 $26.78 $34.96 $40.70 $7.16 $8.33 $65.12 $75.81
Sr.Field Survey Technician II $22.00 $23.63 $33.44 $35.91 $6.85 $7.35 $62.29 $66.89
Sr.Field Survey Technician I $19.50 $21.00 $29.64 $31.92 $6.07 $6.54 $55.21 $59.46
Field Survey Technician $18.00 $18.90 $27.36 $28.731 $5.60 $5.88 $50.97 $53.51
Project Administrative Assistant $22.74 $23.88 $34.57 $36.30 $7.08 $7.43 $64.39 $67.61
Contract Administrator $27.03 $28.38 $41.09 $43.15 $8.41 $8.83 $76.53 $80.36
Graphics Specialist $25.43 $26.70 $38.66 $40.59 $7.911 $8.311 $72.00 $75.60
Bill Rates are based on current 2011 rates.
Note:
All travel will be billed per WSDOT Travel Regulations;
All sub-consultant costs and direct reimbursables will be at cost with no mark-ups,and
The max.rates include 5°o escalation.
2/28/2011
Exhibit F-Overhead Cost
OTAK, Inc.
Overhead Schedule
:�1lt��,Jr�-12f 3Tfpc,
Proposed Audit ACCEPTED
Account Title Overhead Casts Adjustments OVERHEAD COSTS
Direct Labor Base
502.00 Direct Cost Payroll $14,111,628.00 $/4,111,fi28.00
Total Direct Labor Base 514,111,628.00 50-OD $14,111.628.00
Overhoad Costs
602.OD Indirect Cost Payroll $7,766,897.00 $7.766,897.00
602.01 Indirect Cast Payroll-Prom Tim 515,575.00 515,575.00
6D2.99 Indrct Cst Pyrll-Mrk Lbr Unl -S285,708.00 -5285,70B.D6
604.00 Vacation&Comp Salaries $1,556,665.00 51.556,665.00
604.01 Sabbatical Leave Expanse $70,963.00 570,963.00
606.00 Auto Allowance 50.00 $0.00
608.00 Payroll Texas 5301783.00 $30,783.00
608.01 Payroll Taxes-FICA ER Expense S1,784,423.00 $1,784,423.00
6D8.02 Payroll Taxes-5UIER Expense 5140.018.00 $140,018.00
608.03 Payroll Taxos-WBFT ER Expense $6,001.00 $6,001.00
608.04 Payroll Taxes TriMat ER Expens $76,800.00 576,800,00
60B.D5 Payroll Taxes-WA L&I ER Expens $0.00 50.00
616.00 Continuing Education $13,107.00 $13,107.00
612.00 Employee Housing 56,621.00 $6,621.00
614.OD Employee Recruiting S44.118.00 $44,118.00
616.00 Employee Relocation Expenses $4,95100 $4,953.00
618.00 Employer Contribution401(k) S212,508.00 S212,5081DO
620.00 Flax/4011k)Administr Exp $9,087.00 $9,087.DD
621.00 Fringe Benefit-Other S38,08B.Oo 538,088.00
622.00 Health Insurance Claims $2,486,999.DD $2,486,999.DD
624.00 Health lnsuranco-Employeas $1601998.00 $180,998.00
626.00 Life<D insurance-Employaos $121,090.00 S121,090.00
628.OD Prof.Dues,Publetns,Sbscrpt. $140,386.00 $140,386.00
630.00 Professional Fees&Licenses $22,546.00 522.546.00
650.00 Travel-Education $77,862.00 $77.862.00
650.01 Travat-Employao Commutng Exp-, SO.00 $0.00
675.00 UAE: Employee End Sorvc Banft 50.00 $0.00
695.00 Bonuses $160,947.00 580,200.00 S80,747.00
695.01 Bonuses-Safoty 517,211.00 S17,211.0D
695.02 Bonuses-Stock Award $0.00 $0.00
695.03 Guaranteed Minim Bons-HLB Oti, 5115,296.00 5315.296.00
695.04 Severance Pay $231,986.00 $21-1,986.00
696.00 felon-Employee Compensation $0.00 $0.00
697.00 Deferred Compensation $D.00 $0.00
698.DO DeforrdCmpnstn-StckCmpnsEx; $0.00 $0.00
702.00 Bank Charges&Fees 534,069.00 $34,059.00
704.OD Business Ds,Licns&Mombrshps 553,613.00 553,613.00
706.00 Business Meals(inside) 523,96100 523,952.00
706.01 Business Meeting Exp-Offsito $1.106.00 51,106.00
708.00 Business Moals-DiroctSales $25,306.00 525,306.00
710.00 Business Subscriptns&Pbictns $31,489.00 $31,489.00
712.00 Contributions $0.00 $0.00
714.00 Entertainment $0.00 $0.00
716.00 Equipment Rental $145,035.00 $145,035.00
720.00 Insurance-Business $486,249.00 $486.249.00
722.00 Janitorial Services 575,943.00 $75,943.00
724.00 Legal Claim Settlements $0.00 50.00
726.00 Maintenance&Repairs 5148,813.60 5148,813.00
728.00 Miscellaneous -$89.DD -589.00
729.00 Moving Expense $3,109.00 $3.105.00
730.00 Oportng and GonriSuppis Expns 5211,956.00 5211,956.00
732.00 OHice Pont $1,615,741.00 51,615,741.00
732.01 Offc Rnt-Comm Ar Mm(CAM)Ch S211,199.00 5:11.199.00
732.02 Office Rent-Utilities Pd Lassr $90.037.00 $90,037.00
732.03 Office Rent-Deferred RntExpns $0.00 50.00
732.04 Office Ront-SubLeaso Income -59,768.00 -S9,768.00
734.00 Office Functions 50.00
734.01 Discretionry Rocgntn PI Dstrbt 525,688.00 525,688.00
736.00 Postage&Freight S53,023.0D $53,023.00
738.00 Printing&Graphic $88.00 $88.00
740.00 Professnai/Lgl&Accntng Srvcs $484,657.00 5484,657.00
742.00 ProfessionalSorvices-0thor S154,000.00 5154,000.00
744.00 Protective Services $11,650.00 511,650.60
746.00 Telephone&Alarm Systems 5362.334.00 $362,334.00
748.00 Temporary Clerical Services 519,670.00 519,670.00
750.00 Travel-Offica&Direct Sales $184,308.00 $184,308.00
750.01 Travol-Auto Rental $13,671.00 513,671.00
750.02 Travol-Milaago Reimbursed 561,077.00 $61.077.00
Exhibit F-Overhead Cost
OTAK, Inc.
Overhead Schedule
fL8-12131618
Proposed Audit ACCEPTED
Accouni7itlo OvorhoodCosts Adjustments OVERHEADCOSTS
752.00 VAE:TonderFoo MOD $0.00
754.00 VAE:Sponsorship Foos $0.0D $0.00
756.00 Utilities $30,659.00 530,659.00
758.00 Vehicle Expenses $73,88100 573,88100
769.00 Computer Supplies $99,698.00 $99,698.00
770.D0 Internet Services Expense $9,365.00 $9,365.00
772.00 Outside Computer Services $59,642.00 $59,642.00
774.00 Software Program Expenses 5152,710.00 5152,710.00
776.00 Equipment Lease 531,113.00 531,113.00
777.01) Telephone Equipment Lease $090 $0.00
778.OD Vehicle Leasas 5105,547.00 $105,547.00
788.01) Photography&Film Expense $0.00 SO.DD
791.00 Amortisation $191.00 5191.00
792.00 Depreciation $650,542.00 5850,542.00
793.00 Income Tax Expense $0.00 $0.00
794.00 OthorTaxas 5425,146.00 $426,146.00
795.OD Prior Period Tax Adjustment SO.00 50.00
796.00 Sales Tax Paid S227.709.00 S27,709.00
797.00 Overhead Allocation $0.00 50.40
797.01 Overhead Exponso-RoAllocatod $0.00 $0.00
420,00 Discounts Earned -$2,601.00 -$2,601.00
521.428,760.00 $80,200.00 521.348,560.00
Overhead Rate 151.85 15 151.28 1.e
Facilities Capital Cost of Money 0.743%
Total Overhead Rate and FCCM 152.02%
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
GenFgineors_faLgeotechnical PerinR
Trans,poAadon F__ngin_?erinn NnrthWest r_traffic engineering
DOT Forth 140-089 EF Exhibit G
Revised 8105
Exhibit G-1
GeoEngineers
Subconsultant Fee Determination --Summary Sheet
Project: City of Renton- Highlands to Landing Pedestrian Connection
Direct Salary Cost(DSC):
Base
Classification Labor Flours Rate - Cost
Principal 15 X $60.00 = $900
Project Engineer/Scientist 21 X $40.00 = $840
Engineer/Scientist 2 18 $32.00 $576
Technician 4 $25.00 $100
Project Assistant 8 $22.00 $176
Project Administrator 6 $20.00 $120
72 Total DSC - $2,712
Overhead (OH Cost-- Including Salary Additives):
OH Rate x DSC of 211.80% X $2,712 = $5,744
Fee
Fee Rate x DSC of 30% X $2,712 = $814
Reimbursables:
Mileage $50
Reproduction $100
Field Equipment $50
Total Reimbursables - $200
Project Total $9,470
Prepared By: Date:
L:\CONTRACT\Unassigned Tree\31796geoFeeEstimate 2/24/2011
Exhibit G-1
Transportation Engineering NorthWest
Subconsultant Fee Determination --Summary Sheet
Project: City of Renton- Highlands to Landing Pedestrian Connection
Direct Salary Cost(DSC):
Base
Classification Labor Hours Rate - Cost
Principal 60 X $82.50 = $4,950
Design Manager 36 X $77.50 - $2,790
Project Engineer 112 X $65.00 - $7,280
208 Total DSC = $15,020
Overhead (OH Cost-- Including Salary Additives):
OH Rate x DSC of 75% X $15,020 - $11,265
Fee
Fee Rate x DSC of 30% X $15,020 = $4,506
Reimbursables:
Miscellaneous
Travel/Mileage X $ 0.50
Total Reimbursables =
Subconsultant Costs
Total Subconsuitants -
Project Total, Phase 1A and 1B $30,791
Prepared By: jri�J ( Date: 17-Jan-11
C:\Documents and Settings\tonya\Local Settings\Temporary Internet F Iles\Content.Outlook\Ob1WUSDIRU\3179 GTE NW FeeEsdffi 1ta011
GeoEnoineers,Inc.
Overhead Schedule
For The Year Ended December 31,2009
Financial
Statement GeoEngineers WSDOT Allowable
Description Amount Adj. Adj. RCE Costs %
Direct Labor Base S 11,091.918 (73,036) A 11.018,SS2 100,00°6
Fringe Benefits
Payroll Tmcs 1,830.678 (93,100) B 1.737,579 15.774,:.
Group Insurance 1,972,076 - 1,972,076 17.90%
Worker's Compensation 173,082 - 173,032 I.57?•o
Vacation,Holiday and Sick Pay 2,753,377 - 2,753.377 2.1.99,,0
ProfiLShating and 401(k)Contributions 654,575 - 654,575 5.9:1".•;
Bonuses and severance pay 1,416,183 (1,278,745) (65,59,1) C,T.0 71,545 0.65q'.
Fringe Bcnefit Adjustment(Marketing) (63,668) W (65.668) -0.62%
Total Fringe Benefits 8,799.971 (1.371.845) {133.562) 7.293.56.1 66.190'4
General 0,verhead
Non-Billable Ubor 10,654,720 (491,419) (1,7.15,000) A,B,S 8,415272 76.37%b
Unreimbursed overtime for salaried staff (1,253,039) (1 233,039) -11.37%
O1Ficc Rcnt3,Maintenance 2,881.440 (66,)00) D 2,815,440 25.55%
Telecommunications 479,647 (140) A 179.507 4.35%
Taxes 570,795 (56,513) E 514,253 4.671;
Stationcry'and Supplies 305,414 (33,940) B,F 2711473 2,46 0,0
Administwive Travel 571,712 (1,928) B 569,784 S.17%
Prajessiortrd Dues,Meetings 8;Liccros s 346;758 (48,429) 13 298.330 2.71.5
Depreciation 8�?,855 5,212 G S28,067 7.51°i+
Equipmcrt Rental&Maintenance M,268 - 533?63 4.54%
Bad Debt 71,9(4 (71,964) H - 0,0W14
Professional Consultants 329,752 (52,149) 1,R 277,603 2.52%
Business Developmenalarketing and Proposals 557,8S8 (432,113) B 125,775 1,14%
Field and Laboratory Supplies 158,660 53,022 211,682 192 6
Insurance 589,518 135,666 1 725.484 65830
Computer Winienancc and Soflnmre 997,076 - 997,076 9.050•.,
Recruiting and Relocation 324,360 (205,230) (1,500) N,V 117,630 I.01%
Amortization.of GoDd%%ill 410,532 (410,532) O 0.00 1,6
Contributions 45,523 (45,523) P
Fincs1pcnaltics1t=lJoxablc 8,516 {8,5)6) Q - 0.0096
Computcr technology offset (1,3$8,245) 1,388245 L 0.00'.-0
Organizational/Acquisition Costs (29.420) M {29,320) -0,270.
Total General Overhead 18.019,414 (371,699) (1.749.500) 15,598.216 144,28%
Total Fringe Benefits and General Overhead S 26.819.386 (1.7,13:5.13) (1.884.062) 23.19L780 210.47%
Overhead Rate(Less FCC) 241.79so 2-17,57% 210.47°,6
Facilities Capital Cost of Money 145,964 K 145.964 1.32 16
23,337,746
Overhead Rate(Includes FCChf) 211.80"6
Goe&igineers-Reviewed i Accepled-105WIQ M17S
"Overhead Rote subject to Andit"
References
GwEngineers,lim prepared internally
GcoEngincers,Inc.Adjustments:
A Overtime premium totaling$73.036 on direct labor and Sl 3.018 on indirect labor unallowable lxr 49 CFR 22.103-1,
?'.1034(g)and WSDOT Overtime Policy,
B Marketing costs unallo)vablc per49 CFR 31,205-1(f)b .LASHTO Audit Guide,6-3.
C Bonuses unallowable per 48 CFR 31."05-6(t)&WSDOT Bonus Policy.
❑ Common control adjustment per 48 CFR 31.205.36(b)(3).
F. State income taxes unaltow,able pi-r 48 CFR 31.2051-1 l(b)(1).
F Meals unallowable per 48 CFR 31.1-05014.
GeoEngineers,Inc.
Overhead Schedule
For The Year Ended December 31,2009
FinaocFnl
Statement GcoEnglaters WSDOT Allawrible
Description Amount Adj. Adj. Red Costs %
G loss ail sale of equipment unallowable per 48 CFR
H Mid dcbu unallowable per 43 CFR 31,205.3.
1 Remove tee for income tax preparation unallowable per•.8 CFR 31,20541(b)(1),31?01-6(a)&t WSDO'f Policy.
J Remove kcytnan insurance expense utmllouablc per 43 CFR
K Facilities capital cost money permitted by 48 CFR 15.404-1c(3).
1. Credit for computer technology added back to overhead because not permitted as direct expense
4l tinadlowable expenses associated with potential acquisition.43 CFR 31205.27.
N Recruitment costs unallowable per 45 CFR 31.205-34.
O Goud%ill unallowable per 43 CFR 31.205.49.
P ContnIlUtioits unallowable per 43 CFR31:205-3,
Q Penalties utallowable per 48 CFR 31:_'05-15(a).
R Curtain lceal ft%n unallowable per 4S CFR 31.205-3,31.207-27(a),31.20547(3)(2)and 31205-I7(f)(5).
WSDOT Adjustments
S Adjustment for reasonableness par43 CUR 31.201-3-Adjustment in the amountofS1,745.000 made to adjust
indircel labor as a.percent of the direct labor!arse equal to 65 p•:Tent.Direct labor has dropped to pre-2003
revels,which indirectlabot has increased.
T Severance pay in the amount of 535.826 is unallowable per 48 CFR 31.201-2(c)-Amount%as paid to an
cmploytic as a severance payment for separation during 2003.A bonus was promised to the emplayca,yet
fitil payment was not made during the year of separation.The final payout iwts made during 2009.
U GaWcn 3landcuffpaymcnt unallowable per 48 CFR 31205.6(1)(1)-S30;063 payment was made as a term ofan
employment contract with a new shareholder hired during 2003.Employe is required to stay with the firm for a
minimum of three years.In exchange,the firm was to make three pmnts of the Company's stock valued at
approximately SI5,0W each tint.
v S1.5o0 Relocation bonus unallowable per 43 CFR 31.205-6(Q and 2005 AAS1iTO Chapter 5-this bonus is not
parfommncc based and therefore is unallowable_
W Fringe tvnefiis directly related to marketing labor unallowable per43 CT•R 31,201.6.-[rased on WSDOT calculatioas,fringe benefits
directly related to marketing arc S 161,7G3 so an adjusurient of 568,663 was nce:ded in addition to GeoEngincer's
adjustment of 593,100.
iliwo 11J
Exhibit G-3
Breakdown of Subconsultants Overhead Cost
Transportation Engineering Northwest, LLC
FY2010
Account Title $ Beginning Total % of Direct Labor
Direct Labor 991,222 100.0%
Overhead Expenses
Unemployment - 0.0%
Health/Accident Insurance 54,727 5,5%
Medical Aid & Industrial Insurance - 0.0%
Holiday/Vacation/Sick Leave - 0.0%
Commission/Bonus/Pension 424,724 42.8%
Total Fringe Benefits 479,451 48.4%
General Overhead
State B&O and Local Taxes 34,767 3.5%
Insurance (General/Professional Liability) 13,852 1.4%
Administration & Time Not Assignable 64,661 6.5%
Printing, Stationery & Supplies 1,077 0.1%
Professional Services 3,713 0.4%
Travel Not Assignable 18,664 1.9%
Telephone & Telegraph Not Assignable 16,271 1.6%
Fees, Dues & Professional Meetings 4,198 0.4%
Utilities & Maintenance 13,603 1,4%
Professional Development 3.718 0.4%
Rent/Lease 75,431 7.6%
Equipment Support 9,486 1.0%
Office, Miscellaneous & Postage 4,436 0.4%
Total General Overhead 263,877 26.6%
Total Overhead (General + Fringe) 743,328 75.0%
Overhead Rate (Total Overhead/Direct Labor) �� 0.750
Overhead Analysis
Prepared by Transportation Engineering Northwest. LLC For Fiscal Year 2010
�00
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees,and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,Part
21, as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"),which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT,with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex,or national origin in the selection
and retention of sub-consultants, including procurement of materials and leases of equipment.The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
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 AGENCY, STATE or
the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non-
discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT
sanctions as it,the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or;
• Cancellation,termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/05
�40 �Vj
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through
(5) in every sub-contract, including procurement of materials and leases of equipment,unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non-compliance.
Provided, however,that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition,the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition,the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140-089 EF Exhibit I
Revised 6/05
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 —Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s),the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential
design error(s).For federally funded projects,the Region Highways and Local Programs Engineer
should be informed and involved in these procedures. (Note: The Director of Public Works or Agency
Engineer may appoint an agency staff person other than the project manager, who has not been as
directly involved in the project,to be responsible for the remaining steps in these procedures.)
Step 2-Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs,records of labor,materials and equipment.
Step 3 —Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel(including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4—Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s),there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case,then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s)occurred. If this
is the case,then the Director of Public Works or Agency Engineer, or their
representatives,negotiate a settlement with the consultant.The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H&LP,through the Region
DOT Form 140-089 EF Exhibit J
Revised 6/05
�60 �M)
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements.No
further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5—Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Highways and Local Programs Engineer to H&LP for their review and consultation with
the FHWA. H&LP will meet with representatives of the agency and the consultant to review the
alleged design error(s), and attempt to find a resolution to the issue.If necessary,H&LP will
request assistance from the Attorney General's Office for legal interpretation. H&LP will also
identify how the alleged error(s)affects eligibility of project costs for federal reimbursement.
• If mutual agreement is reached,the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution.H&LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
• If mutual agreement is not reached,the agency and consultant may seek settlement
by arbitration or by litigation.
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s)are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 —Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the
agreement's scope of work,they may be entitled to a claim. The first step that must be completed is the
request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1,the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim.If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation,payment will need to be from agency funds.
If the Agency project manager,Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs(if applicable),and FHWA(if applicable)agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim.After the request has been approved,the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit.No further action in needed
regarding the claim procedures.
DOT Form 140-089 EF Exhibit K
Revised 6/05
If the Agency does not ag(Mi �J
ree with the consultant's claim, proceed to step 3 of the procedures.
Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s);and
• Recommendations to resolve the claim.
Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval(as appropriate to agency dispute resolution procedures).If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim.If the claim is not eligible for federal
participation,payment will need to be from agency funds.
Step 5 —Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final
decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim
(s)and rationale utilized for the decision.
Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M-1(a)
Certification Of Consultant
Project No.
Local Agency City of Renton
1,
I hereby certify that I am � /4fVV—V"bT and duly authorized
representative of the firm of Otak, Inc. whose address is
10230 NE Points Drive, Suite 400,Kirkland, WA 98033 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission,percentage, brokerage, contingent fee, or other
consideration,any firm or person(other than a bona fide employee working solely for me or the
above CONSULTANT)to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract,to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay,to any firm, organization or person(other than a bona fide employee
working solely for me or the above CONSULTANT)any fee, contribution, donation, or
consideration of any kind for, or in connection with,procuring or carrying out this AGREEMENT;
except as hereby expressly stated(if any);
I acknowledge that this certificate is to be available to the Washin on State Department of
Transportation and the Federal Highway Administration,U.S.De artment of Transportation in
connection with this AGREEMENT involving participation of F deral-aid highwa funds, and is
subject to applicable State and Federal laws,both criminal and vil.
ate Signature
DOT Form 140-089 EF Exhibit M-1(a)
Revised 6/05
Exhibit M-1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton ,
Washington,and that the consulting firm or its representative has not been required,directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay,to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be available to the Washin on State Department of
Transportation and the Federal Highway Administration,U.S.D artment of Transportation, in
connection with this AGREEMENT involving participation of F deral-aid highw y funds, and is
subject to applicable State and Federal laws,both criminal and ivil.
3111 ✓c�
Date Signature
DOT Form 140-089 EF Exhibit M-1(b)
Revised 6/05
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its
principals:
A. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public(federal, state,or local)transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement,theft,forgery, bribery, falsification or destruction of records,making false
statements,or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(federal, state, or local)with commission of any of the offenses enumerated in paragraph(I)
(B). of this certification; and
D. Have not within a three(3)year period preceding this application/proposal had one or more
public transactions(federal,state,or local)terminated for cause or default.
IL 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): Otak,Inc.
VZ.A&W
(date) (Signature)Presi ent or Authorized dfficial f Consultant
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
Exhibit M-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
1.No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, 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 Federal loan,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): Otak, Inc.
3 18 1 i 4� ✓L-
(Date) (Signature)President or Authorized O icial of Consultant
DOT Form 140-089 EF Exhibit M-3
Revised 6/05