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OAG-09-170
Consul ant/Address/rele hone
Local Agency KPG Inc. p
Standard Consultant 7539th Ave North
Agreement Seattle,WA 98109
®Architectural/Engineering Agreement
❑ Personal Service§Agreement 206-286-1640
Agreement Number
Project Title And Work Description
Federal Aid Number Rainier Ave S(SR 167)- S Grady Way to S 2nd St
Agreement Type(Choose one) Final Plans,Specifications,and Estimates
❑ Lump Sum
Lump Sum Amount $
® Cost Plus Fixed Fee
Overhead Progress Payment Rate 163.63 %
Overhead Cost Method DBE Participation ,
❑Yes ®No
[3 Actual Cost
Federal ID Number or Social Security Number
❑Actual Cost Not To Exceed % 91-1477622
Fixed Overhead Rate 30 % Do you require a 1099 for IRS? Completion Date
Fixed Fee $ ❑Yes ®No December 31,2012
❑Specific Rates Of Pay Total Amount Authorized$ 2,995,862.00
El Negotiated Hourly Rate
Management Reserve Fund$ 100,000.00
❑Provisional Hourly Rate
❑Cost Per Unit of Work Maximum Amount Payable$ 3,095,862.00
Index of Exhibits(Check all that apply):
®Exhibit A-1 Scope of Work ❑Exhibit G-2 Fee-Sub Specific Rates
❑Exhibit A-2 Task Order Agreement ❑Exhibit G-3 Sub Overhead Cost
❑Exhibit B-1 DBE Utilization Certification ®Exhibit H Title VI Assurances
®Exhibit C Electronic Exchange of Data ®Exhibit I Payment Upon Termination of Agreement
❑Exhibit D-I Payment-Lump Sum ®Exhibit J Alleged Consultant Design Error Procedures.
®Exhibit D-2 Payment-Cost Plus ®Exhibit K Consultant Claim Procedures
❑Exhibit D-3 Payment-Hourly Rate ❑Exhibit L Liability Insurance Increase
❑Exhibit D-4 Payment-Provisional ®Exhbit M-la Consultant Certification
®Exhibit E-1 Fee-Lump/Fixed/Unit ®Exhibit M-lb Agency Official Certification
❑Exhibit E-2 Fee-Specific Rates ®Exhibit M-2 Certification-Primary
®Exhibit F Overhead Cost ®-Exhibit M-3-Lobbying Certification
®Exhibit G Subcontracted Work ®Exhibit M4 Pricing Data Certification
®Exhibit G-1 Subconsultant Fee ❑App.31.910 Supplemental Signature Page
THIS AGREEMENT,made and entered into this day of 2009 ,
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 t of g
Revised MWO
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 conunitment 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:
1 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.
11 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 44 CFR Part 26,or participation of Minority.
Business Enterprises(MBE),and Women Business Enterprises(WBE),-shall be shown on the heading ofthis
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 ofthe 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 Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but
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 mini mun
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 wai-rant,ahe AGENCY shall have the right to annul this
AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT 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 act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any
professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ
of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired
employees,without written consent of the public employer of such person.
Vill Nondiscrimination
During the performance of this contract,the CONSULTANT,for itself,its assignees,and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et.seq.)
49 CFR Part 21
23 CFR Part 240
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"IT'
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"1"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.
I
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In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally
required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is
usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so,and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount,which would have been made
using the formula set forth above.
If it is determined for any reason that the 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 ofthe
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(lie 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 XI V.
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''.
Xll 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 hi the Superior
court of the State of Washington,situated in the county in which die-AGENCY is located.The parties hereto agree that
all questions shalt 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
fi-om 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 ofthe 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 progress payments under Section V until the CONSULTANT has fully complied with this
section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT,or otherwise in law.
XIV Extra Work
A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in
the services to be performed.
B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of
any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other
terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum
amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the
AGREEMENT accordingly.
C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under
this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides
that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terns and conditions of paragraphs(A)and(B)above,the maximum amount payable for this
AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M
-2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions,
Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"
Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over$100,000 and
Exhibit"M-4"is required only in AGREEMENTS over$500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be
liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed.by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several cormterparts,each of which shall be deemed to be an
original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations,
warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the
CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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In witness whereof, the partietereto have executed this AGREEMENT as of Vday and year shown in the
"Execution Date"box on ge e(l) this AGREEMENT.
By By _
Denis Law, Mayor
Consultant KPG, nc. Agency City of Renton
Attest: ) ��
Bonnie I . Walton, City Clerk
DOT Form 140-088 EF page$of 8
Revised 5/05
Exhibit A-1
City of Renton
Rainier Avenue S (SR 167)
SW Grady Way to S 2"d Street
KPG Inc
Scope of Work
September 1, 2009
Final P S &E and Construction Services
A. Project Description
The City f Renton plans to improve Rainier Avenue between SW Grad Way and S
Y p p Y
Second Street with the following improvements:
• Convert the outer lanes(1 in each direction) to Business Access/Transit(BAT)
Lanes
• Add a new northbound lane between S 7th Street and S 4th Place
• Add a second southbound to eastbound left turn lane at the S 71 Street
intersection
• Add a northbound left turn lane at 4th Place
• Add a new southbound lane between Grady Way and Hardie Avenue
• The proposed roadway section will consist of:
o 8' wide sidewalks
0 5.5' wide planter strips including curb
0 13' wide BAT lanes
o 11' wide GP lanes
o 17' wide left turn lane/median
• Install new curb, gutter and 8' wide sidewalks with landscaped/irrigated 5.5' wide
planters wherever possible
• Install landscaped/irrigated center medians wherever possible
• Modify the signal at Grady Way to accommodate the-new improvements
• Install new traffic signals at the 7th Street,4th Place, 3`d Place, 3`d Street and 2nd
Street intersections
• Modify storm drainage,water and sewer systems as.necessary to accommodate
the proposed roadway improvements
• Install curbing and medians to control-left turns and provide for U-turns at
intersections
• Resurface Rainier Avenue
• Install a new lighting system comprised of decorative pedestrian/street poles
• Modify franchise utilities as necessary to accommodate the proposed roadway
improvements - . __ _
• Install street furniture (trash receptacles,bike racks,benches) along the corridor
• Install gateway treatments at the Grady Way intersection, Sunset Boulevard
intersection and the BNSF Railroad Crossing
Rainier Avenue S 1 of 10 KPG
PS & E/Construction Svcs
0 Exhibit A-1 0
• Install decorative bus stop and intersection paving treatments to promote the
urban design character of the corridor
The goal of this project will be to improve transit speed, reliability and access, provide
for general purpose traffic flow and develop a more pedestrian friendly urban designed
signature street along Rainier Avenue to promote more connectivity,better identity and
create a vibrant downtown retail district.
B. Deliverables
Consultant deliverables are described in each task of the Scope of Work.
The City of Renton shall provide the following:
• Recent land use approvals including building and site plans
• Plan reviews, comments, and approvals
• Preliminary water system upgrade plans
• Property owner/business mailings
• Value engineering(if necessary) _
• Meeting room arrangements
• Funding commitments
• Sound Transit, WSDOT, TIB coordination lead
• Advertisement for bids
• Construction management/inspection
Assumptions
• This work effort will develop Bid Documents based on the approved 30%
Improvement Plan
C. Current Project Status
• NEPA Approval
• SEPA Checklist completed and comment period over
• Channelization Plan is in to WSDOT for final review and approval
D. Proposed Schedule
I
The proposed work shall be accomplished in accordance with the schedule shown as
exhibit A-3. __ ...
E. Scope of Work
Task 1 —Management/Coordination/Administration (Design)
1.1 The Consultant shall provide continuous project management for the project
duration(estimate 18 months). Construction is to start at the end of 2010.
I
Rainier Avenue S 2 of 10 KPG
PS & E/Construction Svcs
i
Exhibit A-1
1.2 The Consultant shall prepare a comprehensive schedule and provide updates as
necessary.
1.3 The Consultant shall prepare monthly progress reports identifying work in
progress, upcoming work elements, and a reporting of any delays,problems, or
additional information needs.
1.4 The Consultant shall provide management and administration of all
subcontractors included in this scope of work.
1.5 The Consultant shall prepare for and attend coordination meetings with City staff
at regular intervals in the design process to discuss key issues and track progress
(estimate 36 meetings).
Deliverables:
• Project schedule and necessary updates
• Monthly progress reports and invoicing
• Meeting agendas and summary of decisions made/needed resulting from
design coordination meetings
Task 2—Quality Control/Quality Assurance
The Consultant shall provide internal QA/QC reviews of the following major work
elements prior to submittal to Renton.
2.1 Provide senior review of 60%plans, specifications, and estimates.
2.2 Provide senior review of 90%plans, specifications, and estimates.
2.3 Provide constructability/claim avoidance review at 90%completion stage.
Deliverables:
• QA/QC Review Checklists of each review
Task 3—Survey
3.1 The Consultant shall provide supplemental field surveying in key locations as
necessary(such as extended driveway reconstructions,retaining wall footings,
new developments, off site stormwater facilities, etc.) update basemaps and
incorporate new data into digital terrain model(DTM) for the project site.
3.2 The-Consultant shall stake right-of-way and improvement locations as necessary
to support the right-of-way negotiations with property owners.
3.3 The Consultant shall survey up to 40 utility potholes performed during final utility
coordination.
Rainier Avenue S 3 of 10 KPG
PS & E/Construction Svcs
• Exhibit A-1 •
Deliverables:
• Electronic copies of the completed base map will be available to the City upon
request.
Task 4—Public Involvement
4.1 The Consultant shall prepare for and attend one (1) community open house
meeting. Meeting location will be secured by the City.
4.2 The Consultant shall attend one-on-one meetings with affected property owners
along the corridor to discuss the project,private property impacts, and/or right of
way and easement needs (estimate 50 meetings).
4.3 The Consultant shall prepare newsletters (estimate 2)to inform
citizens/businesses of design progress. Preparation of distribution lists and
mailing will be by the City.
4.4 The Consultant shall prepare graphics and monthly update reports for posting on
the City's project web page.
4.5 The Consultant shall prepare for and attend up to 2 City Council Meetings to
update council on project progress and receive input.
Deliverables:
• Newsletter
• Community meeting graphics
• Council meeting graphics
• Notes and graphics from property owner meetings
Task 5—WSDOT Coordination
WSDOT approvals are anticipated to include channelization, signals, illumination, and
right of way plans for the entire corridor.
5.1 The Consultant shall attend up to 4 coordination meetings with WSDOT to
provide updates on design progress and coordinate any channelization plan
changes that may come up.
5.2 The Consultant shall document meeting notes and phone correspondence with
WSDOT.
Deliverables:
• Meeting notes and correspondence
Task 6—Sound Transit Coordination
Sound Transit approval of the Bid Documents is required.
Rainier Avenue S 4 of.10 KPG
PS & E/Construction Svcs
Exhibit A-1 •
6.1 The Consultant shall attend up to 6 coordination meetings with Sound Transit to
obtain review and approval.
6.2 The Consultant shall prepare, submit, and respond to Sound Transit comments.
6.3 The Consultant shall document meeting notes and correspondence with Sound
Transit.
Deliverables:
• Meeting notes and correspondence
Task 7—Utility Coordination
7.1 Coordinate with the utility companies and identify locations for,potholing based
on the preferred design alternative. Consultant will prepare a potholing plan for
review and approval by the City. Pothole locations will be marked with pins to
identify depth from existing grade to top of their facilities. This information will
be incorporated into the matting accordingly. Depths of utility lines located by
potholing will be designated by a symbol in the plans and provided to the
construction consultant. Survey of potholing information will be included in task
3.
7.2 The Consultant shall distribute mailings and distribute plans to franchise utility
purveyors along the corridor in order to facilitate relocation and adjustment.
coordination. The Consultant shall assist the City with coordination of franchise
agreements.
7.3 The Consultant shall coordinate with franchise utilities to incorporate the
necessary relocations, adjustments, or upgrades into the project design. Design of
franchise utility relocations, adjustments, or upgrades will be completed by the
utility owner and is not included in this scope of work.
7.4 The Consultant shall document meeting notes and phone correspondence with all
franchise utility purveyors to ensure that utility coordination is documented.
Deliverables:
• Meeting notes from utility coordination
Task 8—Geotechnical Investigation
8.1 The Consultant shall coordinate geotechnical engineering work as-follows:
• Drilling of 6 GeoProbe boreholes in support of the Phase II ESA Site
Assessment
• Provide geotechnical engineering services in support of continued design
development
Rainier Avenue S 5 of 10 KPG
PS & E/ Construction Svcs
• Exhibit A-1
Deliverables:
• Summary of geotechnical logs of borings
• QA/QC review comments on plan submittals
• Engineering details for segmental block wall designs
Task 9—Environmental Documentation
9.1 The Consultant shall coordinate a Phase II ESA Site Assessment of the project
area to determine the extent of soil contamination and develop construction
details and specifications to deal with contaminated soils if encountered during
the roadway construction.
9.2 The Consultant shall coordinate the preparation of a Phase III cleanup plan for the
contaminated soils area.
9.3 The Consultant shall coordinate continued environmental analysis on the project
to include additional cultural resource work and contaminated soils remediation.
Deliverables:
• Phase II ESA Report
• Phase III Cleanup Plan
• Continued Cultural Resource Documentation
• Biological Assessment Updates
• Contaminated Soils Handling/Remediation Plan
Task 10—Prepare Final Plans, Specifications and Estimates
10.1 The Consultant shall prepare 60%design plans of all project features based on the
final 30% layout. 60%Plans will include vertical design information and type,
size,and location for required retaining walls and preliminary construction
sequencing.
10.2 The Consultant shall calculate quantities and estimate construction costs.
10.3 Following City review and comments on the 60% submittal,the Consultant shall
incorporate review comments and prepare 90%design documents, contract
specifications and revised construction cost estimate..
The plans shall show complete details for the construction of the proposed
improvements, including:
• Construction control points
• Limits of construction and removals
• Curb, gutter, sidewalk and pavement layout
• Storm drainage layout
• Grading
• Retaining walls
Rainier Avenue S 6 of 10 KPG
PS & E/Construction Svcs
Exhibit A-1
• Utility relocations/adjustments/installations
• Erosion control
• Channelization and signing
• Signals and lighting
• Landscape and irrigation
• Urban design/gateway features
• Property access/construction staging plans
10.4 The Consultant shall submit 90%contract documents (plans, specifications and
cost estimate) for City review and comments.
10.5 The Consultant shall incorporate City review comments and finalize the contract
documents including preparation of engineer's construction cost estimate ready
for bid advertisement. The anticipated plan sheet count is:
• COVER 1
• INDEX 1
• LEGEND 1
• ABBREVIATIONS& SURVEY CONTROL 1
• TYPICAL SECTIONS 3
• DETAILS 3
• CONSTRUCTION SEQUENCING PLANS 12
• CONSTRUCTION SEQUENCING DETAILS 3
• PHASE III CLEANUP PLANS 6
• SITE PREPARATION&TESC PLAN 12 -
• SITE PREPARATION&TESC DETAILS 1
• ALIGNMENT PLAN 12
• PROFILE 12
• DRIVEWAY PROFILES 6
• RETAINING WALL ELEVATIONS/DETAILS 6
• STORM DRAIN PLAN 12
• DRAINAGE DETAILS 1
• ISLAND&MEDIATION DETAILS 2
• CHANNELIZATION-& SIGNING PLAN 12
• ILLUMINATION PLAN 12
• ILLUMINATION DETAILS 1
• SIGNALIZATION PAN& WIRING DIAGRAM 18
• SIGNAL POLE SPECIFICATIONS 2
• LANDSCAPE PLAN&PRELIMINARY PLANT SCHEDULE 13
• PRELIMINARY URBAN DESIGN PLAN&DETAILS 2
• WATER& SEWER PLANS 12
Deliverables:
• 15 sets of 60% Submittal (1 unbound)
• 15 sets of 90% Submittal (1 unbound)
• 5 sets of Bid Document Submittal
• 40 sets of Bid Documents for Bidding (reduced size)
Rainier Avenue S 7-of 10 KPG
PS & E/Construction Svcs
Exhibit A-1
•
10 sets of full sized p lans
• Electronic copy of all plans, speculations, cost estimates and bid package
• 1 set of calculations
Task 11 —Right of Way
11.1 The Consultant shall provide all appraisal and right-of-way acquisition services
necessary for the project in accordance with Federal Guidelines. It is anticipated
that 57 parcels will require right-of-way takes and/or easement acquisition and up
to 3 business relocations.
Deliverables:
• Right-of-way appraisal, review appraisal,relocation, and negotiation
documentation
Task 12—Grant Funding Assistance
12.1 The Consultant shall assist the city in securing additional Grant Funding for the
proposed improvements. Grant funds to be considered include the TPP and AIP
programs with the Transportation Improvement Board.
Deliverables:
• Grant applications and support attachments
• Grant progress reports
• Grant agency coordination
Task 13.0—Bid Phase Support
13.1 The Consultant shall provide bid phase support services that includes answering
questions from bidders,preparing addendums if necessary, attending the bid
opening,preparing the bid tabulation, checking contractor references and making
a Bid Award recommendation.
Deliverables:
• Contractor contact notes
• Addendums if necessary
• 1 electronic copy of bid tabulation
• Contractor reference check report
• Award recommendation memo
Task 14.0—Construction Services
The scope of work is provided to include engineering support throughout the construction
phase of the Rainier Avenue S (SR 167) Project. This task will be executed only by
written authorization from the City to the consultant. This work includes preconstruction
Rainier Avenue S .8 of 10 KPG
PS & E/Construction Svcs
Exhibit A-1
support, construction phase services, on-call construction surveying, and preparation of
record drawings as described herein.
14.1 The Consultant shall provide continuous project management for the construction
period duration (estimate 18 months). This shall include preparation of monthly
progress reports identifying work completed in the previous month, work in
progress, upcoming work elements, and reporting of any delays, problems, or
additional information needs. These reports shall be submitted with the
Consultant invoices.
14.2 The Consultant shall provide on-call support, which may include, attending
preconstruction meeting, weekly progress meetings, review shop drawings,
accuracy checks of construction surveying and staking, interpretation of plans and
specifications, and construction change order assistance on an as-needed basis.
Specific tasks are anticipated to include:
• Preconstruction Services: . Assistance with utility coordination,
coordination with City field- and administrative staff, attendance at
preconstruction meeting and other support as requested by the City in
preparation for construction.
• Construction Meetings: Attend weekly construction meetings or other
project meetings at the construction site to review, in conjunction with the
City, the Contractor's. progress and construction schedule. Weekly
attendance is not anticipated for the project duration; however, the project
design engineer and other engineers will attend as requested. Provide
feedback and follow up as appropriate.
• Submittals: Review and comment on the Contractor's submittals,
including shop drawings.
• Interpretation of Plans and -Specifications: Provide technical assistance to
clarify and interpret the contract documents at the request of the City.
Assist the City in answering Contractor questions. Respond to requests for
information (RFIs), prepare requests for quotation (RFQs), and prepare
construction field directives (CFDs).
• Change Order Assistance: In the event that the provisions of the Contract
Documents need to be revised, prepare the necessary revisions to the
drawings and specifications.
• Subconsultant Construction Support: Project Subconsultants for
geotechnical and environmental cleanup (GeoEngineers) will be retained
for construction support on an as requested basis. Budget allowances for
each Subconsultant are shown on the attached reimbursable breakdown.
Rainier Avenue S _ 9 of 10 KPG
PS & E/Construction Svcs
Exhibit A-1 •
• Assist with preparation and attendance at special events, such as public
meeting, groundbreaking, ribbon cuttings, council updates, and other
events as requested.
14.3 The Consultant will provide construction surveying and staking on an as
requested basis. Primary survey will be provided by the Contractor; however, the
City may request verification survey and staking or assistance with as-built
survey. We have included an allowance of 80 hours of survey crew time with
necessary office support.
14.4 The Consultant will provide record drawings within 60 days of receipt of
information provided by the construction contractor and the City of Renton.
Deliverables:
• Monthly progress-reports (18 months)
• Documentation as requested in support of on-call construction support
• Record Drawing Mylars (full size)
• Half-size copy of draft
• Full-size and half-size copies of final record drawings
• Electronic files
Task 15—Additional Services _
The City may require other services of the Consultant. These services could include
additional survey, off-site mitigation design,property acquisition services, additional
permit support, or construction management and inspection. At the time these services
are required,the Consultant shall provide the City with a detailed scope of work and an
estimate of costs. The Consultant shall not proceed with the work until the City has
authorized the work and issued a notice to proceed.
Additionally,a Management Reserve Fund has been established under this supplement to
support, offer recommendations, and design gateway treatments on Rainier Avenue. All
work associated with the gateway treatments and any other work that the City deems
necessary, shall be executed by the Consultant only when written approval is obtained
from the City authorizing the use of the Management Reserve.Fund._
Rainier Avenue S 10 of 10 KPG
PS &E/Construction Svcs
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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 Feorm 140-M 85 EF Exhtbd C
Exhibit D-2
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter.Such payment shall be full compensation for work performed or
services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the
work specified in Section II,"Scope of Work."The CONSULTANT shall conform to all applicable portions of
48 CFR Part 31.
A. Actual Costs:Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee.The actual cost shall include direct salary cost,
overhead,direct non-salary costs,and fixed fee.
1. Direct Salary Costs:The Direct Salary Cost is the direct salary paid to principals,
professional,technical,and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT.The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs,which are
included as such on the books of the CONSULTANT in the normal everyday
keeping of its books.Progress payments shall be made at the rate shown in the
heading of this AGREEMENT under"Overhead Progress Payment Rate."Total
overhead payment shall be based on the method shown in the heading of the
AGREEMENT.The two options are explained as follows:
a. Fixed Rate:If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown.This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost:If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit,up to the Maximum Total Amount Payable,authorized under
this AGREEMENT,when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit"E"attached hereto and by this reference made
part of this AGREEMENT.When an Actual Cost method is used,the
CONSULTANT(prime and all sub-consultants)will submit to the AGENCY
within six(6)months after the end of each firm's fiscal year,an overhead
schedule in the format required by-the AGENCY(cost category,dollar
expenditures,etc.)for the purpose of adjusting the overhead rate for billing
purposes.It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Forth 140-089 EF OQdblt D-2
Revised 6108
Failure to supply this information by either the prime CONSULTANT or any of their sub-
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The AGENCY,STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate,if they so desire.
3. 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 Cost
b. The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable wh 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.
4. Fixed Fee:The Fixed Fee,which represents the CONSULTANT'S profit,is shown in the
heading of this AGREEMENT under Fixed Fee.This amount does not include any
additional Fixed Fee,which could be authorized from the Management Reserve Fund.This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-
hours required to perform the stated Scope of Work.In the event the CONSULTANT_
enters into a supplemental AGREEMENT for additional work,the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee.The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSULTANT and reported in the Monthly Progress Reports
accompanying the billings.Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment,subject to the provisions of
Section IX entitled"Termination of Agreement."
S. 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."6. Maximum Total
Amount Payable:The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading of this AGREEMENT.The Maximum Total Amount Payable is comprised of
the Total Amount Authorized,and the Management Reserve Fund.The Maximum
Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIV,"Extra Work."No minimum amount payable is guaranteed under this
AGREEMENT.
B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work.Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section II1,"General Requirements"
of this AGREEMENT.The billings will be supported by an itemized listing for each item including
Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the
prorated Fixed Fee.To provide a means of verifying the billed salary costs for CONSULTANT
employees,the AGENCY may conduct employee interviews.These interviews may consist of
recording the names,titles,salary mites,and present duties of those employees performing work on
the PROJECT at the time of the interview.
C. Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment,which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance.Said Final Payment shall not,however,be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and
at the time of final audit,all required adjustments will be made and reflected in a final payment.In
the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT
will refund such overpayment to the AGENCY within thirty(30)days of notice of the
overpayment.Such ref nd shall not constitute a Waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment.The CONSULTANT has
twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY,STATE and the United States,for a period of three
(3)years after receipt of final payment,the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation,claim or audit arising out of,in connection with,or related to this contract is
initiated before the expiration of the three(3)year period,the cost records and accounts shall be
retained until such litigation,claim,or audit involving the records is completed.
0 0
KPG Exhibit E-1
CONSULTANT FEE DETERMINATION
SUMMARY OF COST
City of Renton
Rainier Avenue S (SR 167)
SW Grady Way to S 2nd Street
Preparation of Final Plans, Specifications and Estimates (P, S & E)
Construction Services
Direct Salary Direct Salary
Classification Cost Total Hours Total Cost
Senior Engineer $62.50 1096 $68,500.00
Project Manager $48.08 1930 $92,794.40
Project Engineer $40.87 2688 $109,858.56
Design Engineer $38.46 4456 $171,377.76
Surveyor $48.46 220 $10,661.20
CADD Technician $31.08 6072 $188,717.76
Administration $21.63 598 $12,934.74
DSC Subtotal 17,060 $654,844.42
Overhead (OH) Cost(Include Salary Additives)
OH Rate x DSC of 163.631/16 $654,844.42 $1,071,521.92
Fixed Fee(FF)
FF Rate 30.00% $654,844.42 $196,453.33
DSC Total $1,922,819.67
Direct Reimbursables
Mileage $3,000.00
Reproduction $30,000.00
APS $25,000.00
Reimbursable Total ' $58,000.00
Subconsultants
Fehr& Peers $156,887.00
GeoEngineers $77,387.00
Pharos/HDR $420,095.21
Jacobs $31,961.49
Widener Associates $80,000.00
GHD/Rosewater $223,712.00
(
GeoEn ineers Construction allowance) $25,000.00
9
Subconsultant Total $1,015,042.70
Total Agreement Amount $2,995,862
Fffe:Rainier Fee_FInal 080509.xis Date:9/8!2009 Page 1 of 1
�1
KPG 0 EXHIBIT E-1
Summary of Cost
BUDGET ITEM BREAKDOWN
City of Renton
Rainier Avenue S(SR 167)
SW Grady Way to S 2nd Street
Preparation of Final Plans, Specifications and Estimates(P, S & E)
Construction Services
Budget Item Budget Amount
60% Submittal $ 1,348,431.00
90%Submittal $ 1,018,164.00
Bid Document Submittal $ 299,651.00
Construction Services $ 329,616.00
Total $ 2 995,862.00
1
Hour Summary KPG • EXHIBIT E•1
Hour and Fee Estimate
City of Renton
Rainier Avenue S(SR 167)
SW Grady Way to S 2nd Street
Preparation of Final Plans,Specifications and Estimates(P,S&E)
Construction Services
September 1,2009
CATEGORY&HOURS TOTAL COSTS
r n r rvey CARD Admin 1.00 2.9363
Task De=lption r E r E r E r Tech Direct Direct
$62.60 48.06 40.87 .46 8.46 $31.08 $21.63 . =9 Cost Cost
r t PROJECT MANAGEMENT/COORDINATION/ADMINISTRATION
General P l 18 monfM 18 36 36 0 0 1 0 36 126 $5,108 $14,992
Prepare and malntaln projed schedule 4 6 16 16 0 0 0 44 $1,904 $5.590
Prepare rasa tepoft end irwdces 18 18 0 0 0 0 18 54 $2,30 $6,988
Mangemant and administration of subconsullants 8 16 0 0 0 0 8 32 $1,442 $4,235
City staff c000rdi ation nw estimate 36 36 36 0 0 0 0 8 80 $4,154 $12,197
Subtotal: 84 114 52 16 0 0 70 336 $14.986 $44,003
P 3
2 QUALITY CONTROL/QUALITY ASSURANCE
60%0AfQC 16 16 0 0 0 0 4 36 $1,856 $5449
90%QA= 16 16 0 0 0 0 4 38 $1856 $5,449
ContructablEtpVlakn Avoidance 24 24 0 0 0 0 4 52 $2,740 $8,047
Subtotal: 66 56 0 0 0 0 12 124 $6,452 $18945
SURVEY AND BASE MAPS
al survey 0 0 0 80 1 80 80 0 240 $9,440 $27,719
Foo-of-waystaWy 0 0 0 40 40 40 0 120 $4,720 $13,859
Su"y of up to 40 pooloie locations 0 0 0 0 20 20 0 40 $1,591 $4,671
Subtotal: 0 0 0 120 140 140 0 400 $15,751 $46,249
4 PUBLIC INVOLVEMENT
for wW Wend one 1 n*othg 8 16 16 16 0 24 8 88 $3458 $10,162
Atlendoneonorta owner meet) est50) 48 48 0 0 0 0 8 104 $5,481 $16,094
P newsktters Cost 2 4 8 16 16 0 16 6 68 $2.574 $7
Prepare smWes and updates for dlywobae posting 0 4 8 24 0 36 8 80 $2734 $8.029
Pnpare for and altewl two ccunoi meelings 8 16 16 16 0 24 8 88 $3,458 $10,152
Subtotal: 68 92 56 72 0 100 40 428 $17,704 $61,NS
6 WSDOT COORDINATION
WSDOTcoordln t est4 8 16 16 1 16 0 16 4 76 $3,122 $9,168
Owunwnt rmetkV notes and Oww owes w1th WSDOT 0 4 4 1 0 0 4 4 16 $567 $1.004
Subtotal: 8 20 20 1 16 0 20 1 6 92 1 $3,699 $10,832
6 SOUND TRANSIT COORDINATION
Sound Transit Coord'naibn nee est.a 12 16 16 16 0 16 a 84 $3,459 $10156
Prepm submit and res to ST coouneds 0 4 a 16 0 16 4 48 $1,718 $5.046
Document notes and Oxxs oormspondence whh ST 0 4 4 1 0 0 4 4 16 $567 $1,664
subtotal: 12 24 28 1 32 0 1 36 16 148 $5,744 $16,866
7 UTILITY COORDINATION
P pogwin plan 0 1 0 8 1 16 1 0 1 24 0 48 $1.688 $4.957
041ribute plan information to utioties 0 0 4 8 0 8 8 28 $893 $2.622
coordination for ratacauons of franadse utmus 0 4 a 16 0 18 4 48 $1,716 $5.046
Franchise 000rdnefbnme est4 8 B 8 0 0 0 4 28 $1,288 $3.812
Subtotal 8 12 28 40 0 48 16 162 MM $16,436
8 GEOTECHNICAL INVESTIGATION
Coordinate eoteOm*A eyplocation plan for Phase it ESA 0 1 4 1 8 1 8 0 18 1 4 40 $1,411 $4142
Sut"' 0 1 4 1 8 1 6 1 0 16 4 40 $1.411 $4.142
I
Rainier Fee-Fktat 080509ids Dala.WV2009 Page 1 of 2
Hour Summary KPG EXHIBIT E-I
Hour and Fee Estimate
City of Renton
Rainier Avenue S(SR 167)
SW Grady Way to S 2nd Street
Preparation of Final Plans,Specifications and Estimates(P,S&E)
Construction Services
September 1,2009
CATEGORY&HOURS TOTAL COSTS
senior I Prof. I U89 15urvey CADD Admin 1.00 2.9363
Task Description Mgr E r Engr E r Tech. Dlrecl Direct
2.60 0.87 urs Cost
9 ENVIRONMENTAL DOCUMENTATION
Coor"le Environmental Documerdatlon Phase 8 ESA,Phase III,end cullurai resources 12 24 60 1 40 0 40 16 192 $7.484 $21,976
Subtotal: 12 24 60 1 40 0 40 16 192 $7,484 1 $21976
10 PREPARE P.,S.,&E
Nepara 60%SubrOtal 240 480 720 1 1440 0 1920 1 40 4,840 $183,426 $538,594
Calculate Quantttles and Cost EsUrnate 8 16 24 40 0 40 8 136 $5,205 . $15,283
P 90%SVw*tal 240 480 720 1440 0 1920 40 4,840 $183,428 .$538.594
Prepare Bid DOCUrnaM9 120 240 360 720 0 1200 40 2,680 $99,605 $292,470
Subtotal: 608 1218 1824 3840 0 5080 126 12496 $471,662 $1,384,940
11 RIGHT OF WAY
Coordinate aWalsaWnegollallons 8 1 24 40 1 40 0 24 216 $7,833 $2,999
Subtotal. 8 1 24 40. 40 0 80 24 216 $7 $22,999
12 GRANT FUNDING ASSISTANCE
Omni apocallartalcowdhation 16 1 16 16 1 16 0 16 16 96 $3,882 $11,398
Subtotal. 16 16 16 16 1 0 1 16 16 96 $3,882 1 $11,M
13 BID PHASE SUPPORT
ouesuordeddendrxrVbId tabulation 4 16 16 16 1 0 1 16 8 76 $2,959 $8,688
Subtotal: 4 16 16 16 0 16 8 76 $2,959 $0.688
14 CONSTRUCTION SERVICES
IManattemerri.coordination and admHStration 40 40 20 0 0 0 40 140 $6,106 $17,928
On-call0onstniNbn supVort 160 240 440 320 0 240 160 1,660 $62,749 $184,250
on-call construction away d 4 16 40 0 80 0 0 140 $13,531 $19,177
p re-d 8 16 40 80 0 240 40 424 $14,305 $42,005
Subtotal: 212 312. 640 400 80 480 240 2264 $89,691 .$263,360
OTALS:
i
Rainier Fee_Final 080509.>ds Date911/2009 Page 2 of 2
0
Exhibit F
STATEMENT OF DIRECT LABOR, FRINGE BENEFITS,AND GENERAL OVERHEAD
FOR 2008(based on year end December 31,2007)
KPG, INC. P.S.
DESCRIPTION %Of 2007 Adjustments 2007 %Of
Direct Expense Expense Direct
Labor Labor
DIRECT LABOR $ 2,402,013 $0 $ 2,402,013
FRINGE BENEFITS
Payroll Taxes 11.0% 264,562 264,562 11.0%
Insurance-Medical/Dental/Vislon 13.4% 321,268 321,268 13.4%
Paid Leave Vacation/Holiday/Sick 14.8% 355,211 355,211 14.8%
401(K) 4.6%-- 110,504 110,504 4.6%
Employee Bonus 9.9% 238,682 238,682 9.9%
TOTAL FRINGE BENEFITS 53.7% $ 1,290,227 $0 $ 1,290,227 53.79/°
GENERAL OVERHEAD
Indirect Labor 36.3% 871,035 871,035 36.3%
Legal&Accounting Services 0.8% 18,262 18,262 0.8%
Automotive&Travel Expenses 3.1% 73,374 -$703 72,671 3.00/6
Bank Fees&Payroll Admin Fees 0.2% 3,619 3,819 0.2%
Organizations 0.5% 11,155 11,155 0.5%
Training/Education 0.80/0 19,388 19,388 0.8%
Conferences 0.7% 16,189 -$2,240 13,949 0.6%
Publications 0.1% 2,078 2,078 0.1%
Employee Services 1.8% 44,182 -$27,723 16,459 0.7%
Finance Charge 0.00/0 940 -$940 - 0.09/°
Professional Licensing 0.1% 2,048 2,046 0.1%
Meals 1.6% 38,878 -$38,878 - 0.0%
Donations 0.00/0 400 -$400 - 0.0%
Office Supplies 12.30/6 294,963 294,963 12.3%
Equipment Support 13.40/6 _ .321,092_ 321,092 13.4%
Postage/Shipping 0.2% 4,773 4,773 0.2%
Printing/Reprographics 0.5% 12,710 12,710 0.5%
Rent 10.5% 253,333 253,333 10.5%
Repairs&Maintenance 8.9% 214,309 214,309 8.9%
Communications 1.90/0 45,820 45,820 1.9%
Utilities 0.5% 12,102 12,102 0.5%
Business Taxes&Insurance 9.2% 220,441 -$5,610 214,831 8.9%
Depreciation 1.2% 29,677 29,677 1.2%
Cost of Money 2:29/0 - 51;813 - 51,813 2.2%
Self Insurance 2.1% 50,000 50,000 2.1%
Survey 2.09/° 47,129 47,129 2.0%
Fuel for Survey Vehicles 0.40/6 10,295 -$1,030 9,265 0.4%
Interest 0.00/0 940 -$940 - 0.0%
Recruiting Costs 0.0% 763 763 0.0%
Commuter Passes 0.00/0 246 246 0.0%
Survey Equipment 1.99/° 46,472 46,472 1.9%
TOTAL GENERAL OVERHEAD 113.2% $2,718,626 -$78,464 $ 2,640,162 109.9%
TOTAL OVERHEAD EXPENSE 156.90% $4,008,853 ~$78,464 $ 3,930,369 163.63%
Exhibit G
Subcontracted Work
The AGENCY pennits subcontracts for the following portions of the work of this AGREEMENT:
Fehr and Peers—Signals i ivhtina and Traffic Analysis
Geo Engineers—.ESA
Pharos/T-MR -ROW and Altp]nissis
Widener and Assnriates-E,nvironmentatSuppnrt
Om/Rosewter Drainage and TI
Jacobs- Grentechnival
DOT Form 140.088 EF ExMbit G
Revised 8105
Exhibit G-1
i
City of Renton
Rainier Avenue South Improvement Project
60%, 90%, 100% and Final PS&E Bid Documents
i
Prepared for KPG
Scope of Work
Traffic Signal and Street Lighting Design Services
Fehr& Peers 1 Mlrai
January 20, 2009
A. Coordination, Meetings and Project Management.
1. Throughout the project, coordinate with the project team and City
staff.
2. Attend up to ten (10) meetings with the project team and/or City staff.
3. Perform project accounting and prepare monthly invoices and
progress reports.
B. Traffic Analysis Support Services
1. Coordinate with the project team and City staff regarding traffic
analysis support services, such as providing vehicle queue lengths in
turn lanes at key intersections.
2. Review and prepare responses to WSDOT review comments on the
traffic analysis.
3. Estimate traffic volumes and conduct level of service analysis at
intersections along the proposed detour route during construction of
the project. Based on the detour analysis, discuss revisions to the
detour plan with the project team.
4. Assess the impact of the proposed detour plan on transit service, and
offer improvements to the plan to minimize impacts to transit service:
C. Rainier Avenue S/S Grady Way Traffic Signal Design
1. Review the relevant plans and information provided by KPG. Prepare
and submit to KPG plans at the approximately 60%complete stage of
the design work.
PM-003 Renton Rainier scope.doo Page 1 of 5 Fehr and Peers/Miraf
tlM009
i
Exhibit 0-1
i
2. Review and prepare responses to review comments. Prepare and
submit to KPG plans, technical special provisions and estimates_
(PS&E) at the approximately 90% complete stage of the design work.
i
3. Review and prepare responses to review comments. Prepare and
submit to KPG the 100% PS&E.
4. Review and prepare responses to review comments. Prepare and
submit to KPG the final PS&E for the Bid Documents.
D. Rainier Avenue S/S 7th Street Traffic Signal Design
1. Review the relevant plans and information provided by KPG. Prepare
and submit to KPG plans at the approximately 60% complete stage of
the design work.
{
2. Review and prepare responses to review comments. Prepare and.
submit to KPG the 90% PS&E. I
3. Review and prepare responses to review comments. Prepare.and.
submit to KPG the 100% PS&E.
4. Review and prepare responses to review comments. Prepare and
submit to KPG the final PS&E for the Bid Documents.
E. Rainier Avenue SIS 4th Place Traffic Signal Design
1. Review the relevant plans and information provided by KPG. Prepare
and submit to KPG plans at the approximately 60% complete stage of
the design work.
2. Review and prepare responses to review comments. Prepare and..
submit to KPG the 90% PS&E.
3. Review and prepare responses to review comments. Prepare and
submit to KPG the 100% PS&E.
4. Review and prepare responses to review comments. Prepare and
submit to KPG the final PS&E for the Bid Documents.
F. Rainier Avenue S/S 3rd Place Traffic Signal Design
1. Review the relevant plans and information provided by KPG. Prepare_
and submit to KPG plans at the approximately 60%e complete stage of
the design work.
PD09-003 Renton Rainier soope.doo Page 2 of 5 Fehr and Peers/Mirel
1/2MOM
Exhibit G-1
2. Review and prepare responses to review comments. Prepare and
submit to KPG the 90% PS&E,
3. Review and prepare responses to review comments. Prepare and
submit to KPG the 100% PS&E.
4. Review and prepare responses to review comments. Prepare and
submit to KPG the final PS&E for the Bid Documents.
G. Rainier Avenue S/S 3rd Street/SW Sunset Blvd Traffic Signal Design
1. Review the relevant plans and information provided by KPG. Prepare
and submit to KPG plans at the approximately 60% complete stage of
the design work.
2. Review and prepare responses to review comments. Prepare and
submit to KPG the 90% PS&E.
3. Review and prepare responses to review comments. Prepare and
submit to KPG the 100% PS&E.
4. Review and prepare responses to review comments. Prepare and
submit to KPG the final PS&E for the Bid Documents.
H. Rainier Avenue S/S 2nd Street Traffic Signal Design
1. Review the relevant plans and information provided by KPG. Prepare
and submit to KPG plans at the approximately 60% complete stage of
the design work.
2. Review and prepare responses to review comments. Prepare and
submit to KPG the 90% PS&E.
3. Review and prepare responses to review comments. Prepare and
submit to KPG the 100% PS&E.
4. Review and prepare responses to review comments. Prepare and
submit to KPG the final PS&E for the Bid Documents.
I. Rainier Avenue S Street Lighting and Traffic Signal interconnect Design
1. Review the relevant plans and information provided by KPG.- Prepare
street lighting conduit and wiring design, and conduct line voltage loss
calculations. Prepare traffic signal interconnect conduit and wiring
design, and show the design on the street lighting plans. Prepare and
submit to KPG plans at the approximately 60% complete stage of the
design work.
PD09-003 Ronton Ralnler scope.doc Page 3 of 5 Fehr and Peers/Aural
1/20*2oo9
• Exhibit G-1
2. Review and prepare responses to review comments. Prepare and
submit to KPG the 90% PS&E.
3. Review and prepare responses to review comments. Prepare and
submit to KPG the 100% PS&E.
4. Review and prepare responses to review comments. Prepare and
submit to KPG the final PS&E for the Bid Documents.
J. Work to be Provided by Others
1. Design survey of all relevant existing features above, on and below
the ground.
2. Approved traffic channelization plans.
3. Preliminary engineering and PS&E for pavement markings, traffic
signing, Civil Engineering improvements, and temporary traffic control
during construction.
4. Preliminary 30% traffic signal plans.
5. Preliminary 30% street lighting plans.
6. Autocad files showing the above information.
7. Illumination calculations for lighting levels and uniformity.
8. Descriptions, negotiations and administration for right of way
acquisition and easements, If any.
9. Environmental documentation.
10. Obtaining any required permits.
11. Geotechnical investigation and report, if required.
12. 'Preparation, reproduction and assembly of construction contract
boilerplate and construction contract documents package.
13. Construction contract bid advertisement, bid evaluation, award and
administration.
14. Preparation of electrical service or other utility agreements, if required.
15. Construction materials testing.
PD09.003 Renton Rainier scope.doc Page 4 of 5 Fehr and Peers/Wet
1/2012009
Exhibit G-1 •
16. Construction surveying.
17. Electrical inspection.
18. Daily inspection during construction..
PD09-003 Renton Rainierscope.doc Page 5 of 6 Fehr and Peers/MIMI
!/2/12009
0 �,.h •
Clty of Renton-Rainler-st INofifAnprovemenl Project
Work Hour Estimate-Traffic Signal and Street Lighting Design Services
Prepared by Fehr Peers t Mirai;Prepared for KPG
Item Project Project Project Senior Planner Engineer Graphics Project Office Total
Executive Manager Modeler Engineer ICADD Coord. Assist. Hours
A Coordination,Meetings and Project Management
1 Coordination(12 mo,) 6 24 12 12 6 60
2 Meetings(10) 6 30 12 12 _ 60
3 Accounting,Invoices(12) 6 12 6 18 42
SUBTOTALS 18 66 0 30 0 24 0 6 18 162
B Traffic Analysis Support Services
1 Analysis Coordination 4 2 2 4 4 i6
2 Response to WSDOT 8 2 8 40 4 4 2 68
3 Detour Route Analysts 8 2 8 40 4 4 2 68
4 Transit Service Analysis 8 2 8 40 4 4 2 68
SUBTOTALS 28 8 26 0 124 12 12 10 0 220
C Rainier Avenue SIS Brady Way
1 60%Plans 10 30 10 24 74
2 90%PS&E 8 24 10 20 62
3 100%PS&E 4 8 4 8 24
4 Sid Documents 2 2 2 2 8
SUBTOTALS 0 24 0 64 0 26 64 0 0 168..
D Rainier Avenue SfS 7th Street
1 600A Plans 8 24 12 22 66
2 90%PS&E 8 22 12 18 60
3 100%PS&E 3 8 4 8 23
4 BM Documents 1 2 2 2 7
SUBTOTALS 0 20 0 56 0 30 50 0 0 156
E Rainier Avenue$IS 41h Place
160%Plans 6 - 12 24 20 62
2 90%PS&E 6 10 20 16 52
3 100%PS&E 3 3 8 6 20
4 Bid Documents 1 1 2 2 6
SUBTOTALS 0 16 0 26 0 54 44 0 0 140
F Rainier Avenue SIS 3rd Place
1 600A Plans 6 10 24 20 60
2 90%PS&E 6 10 20 18 54
3 100%PS&E 3 3 8 6 20
4 Bid Documents 1 1 -2 2 6
SUBTOTALS 0 16 0 24 0 54 46 0 0 140
G Rainier Avenue SIS 3rd StreetfSW Sunset Blvd
160%Plans 8 24 12 22 66
2 90%PS&E 8 22 12 18 60
3 100%PS&E 3 8 4 8 23
4 Bid Documents 1 2 2 2 7
SUBTOTALS 0 20 0 56 0 30 50 0 0 156
H Rainier Avenue SIS 2nd Street
1 60%Plans 6 8 24 18 56
2 90%PS&E 4 6 20 14 44
3 100%PS&E 3 3 6 6 18
4 Bid Documents 1 1 2 2 6
SUBTOTALS 0 14 0 18 0 52 40 0 0 124
I Street Lighting and Traffic Signal Interconnect
1 60%Plans 10 12 28 24 74
2 90%PS&E 10 10 24 22 66
3 100%PS&E 4 4 8 8 24
4 Bid Documents 2 2 2 2 6
SUBTOTALS 0 26 0 28 0 62 56 0 0 172
Total Houre 46 210 26 302 124 344 362 . 16 18 1,438
PU09-W3 Renton Rakderhours.xfs 1120009 Page 1 of 1 Fehr.end Peers/Afire!
Exhibit G-1
City of Renton
Rainier Avenue South Improvement Project
60%,90%, 100%and Final PS&E Bid Documents
Prepared for KPG
Fee Estimate
Traffic Signal and Street Lighting Design Services
Fehr&Peers t Mirai
Direct Salary Cost{DSCj
PERSONNEL Hours Pay Rate Cost
Project Executive 46 $ 72.93 $ 3,355
Project Manager 210 $ 62.16 13,054
Project Modeler 26 $ 70.43 1,831
Senior Engineer 302 $ 39.04 11,790
Planner 124 $ 37.84 4,692
Engineer 344 $ 27.21 9,360
Graphics/CADD 352 $ 19.04 6,702
Project Coordinator 16 $. 27.40 438
Office Assistant 18 $ 19.23 346
Direct Salary Cost Total 1438 $ 51.569
Overhead 171.32% of DSC $ 88,347
Net Fee 30.00% of DSC $ 15,471
SUBTOTAL $ 155,387
Reimbursabies
Travel/Parking $ 300
Reproduction/Postage 800
Communications - .. 400
Miscellaneous -
SUBTOTAL $ 1,500
TOTAL $ 156,887
!
! ree.Xrs rrzonoos Page 1 of 1
Fehr and Peers IWe
POQ9-00.3 Rer�lor►Rainier 9
Exhibit G-1
Task 9 -Environmental Services
9.1.The Consultant shall review available documents in City and Ecology files regarding the project area
to determine likely or suspect locations of contamination within the project area. The consultant shall
prepare a brief technical memorandum supplementing the findings of the Phase I ESA and providing
recommendations for the scope of a Phase II ESA.
9.2.The Consultant shall complete one AAI-compliant Phase I ESA update for specific parcel(s) to be
acquired by the City for the project.
9.3.The Consultant shall coordinate a focused Phase II ESA Site Assessment in critical locations of the
project area to assess the nature and extent of soil and groundwater contamination that may be
encountered during the road widening project. It is anticipated that the former dry cleaner property
will be explored and sampled for the Phase II ESA. A Phase II ESA report deliverable will be
submitted.
9.4.The Consultant shall prepare construction specifications addressing soil handling and management of
contaminated soils that may be encountered during the road widening project. It is assumed at this
time that the City of Renton will not be conducting a Model Toxics Control Act (MTCA)
environmental cleanup except to the extent that contaminated soil encountered during ROW widening
earthwork activities is removed in the course of construction.
9.5.The Consultant shall coordinate the preparation of contingency planning documents for the known or
suspect contaminated soil area(s) identified by the Phase I or Phase II ESA. Contingency planning
documents will include contractor worker health and safety specifications and specifications for
contaminated soil handling and management.
Task 9 Deliverables:
• Document Review Memorandum for Project Considerations and Phase II ESA Scoping
• AAI Phase I ESA Update for acquisition property
• Phase II ESA Report
• Contractor specifications
• Contaminated Soils Handling Plan
Contingency Task—Construction Observation Environmental Sampling and Chemical Analysis
The Consultant shall visit the site on an as-requested basis toobserve excavation of contaminated soil in
conjunction with the ROW widening activities and to obtain samples of soil for chemical analytical
testing. A deliverable,consisting of a technical memorandum of sampling results will be provided.
File No. 00693-068-00
Page 1 GEOENGINEERS.0
September 3,2009
• •
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Exhibit G-1 •
City of Renton
Rainier Avenue Improvments
PreConstruction Environmental Tasks
Consultant Fee Estimate - GeoEngineers, Inc.
Hourly Estimated
Classification Hours Rate Cost
Principal 55 $63.46 $3,490
Senior PM1 10 $38.46 $385
Project Scientist 1 155 $30.53 $4,732
Staff Eng3 12 $32.69 $392
Staff Sci3 60 $25.48 $1,529
Senior Tech 16 $24.76 $396
Admnstrtr 3 12 $20.97 $252
Admnstrtr 2 12 $19.23 $231
Total Hours 319
Total Direct Salary Cost(DSC) $11,407
Overhead Cost(OH) 213.37% $24,338
Fixed Fee (FF) 30.00% $3,422
Total Labor Cost. $39,167
DIRECT EXPENSES
Vehicle($.505 per mile) $500
Communication ($0.50 per minute for 30 minutes). $20
Field Supplies $2,000
Copies ($0.12 per copy) $600
Subtotal Direct Expenses. $31120
SUBCONSULTANT/SUBCONTRACTOR EXPENSES
Database list and historical document vendors $900
Utility locator - $700
ROW Permit Fees $500
Traffic control $2;000
Drilling contractor - $8,000
Chemical Analytical Laboratory $23;000
Total,Subconsultant/Subcontractor Expenses $35,100
Total Estimated Fee $77,387
File No. 0693-068-00
GEOENGINEER
September 3, 2009 �
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Exhibit G-1 •
City of Renton
Rainier Avenue Improvments
Construction Observation
Consultant Fee Estimate - GeoEngineers, Inc.
Hourly Estimated
Classification Hours Rate Cost
Principal 11 $63.46 $698
Senior PM1 5 $38.46 $192
Project Scientist 1 43 $30.53 $1,313
Staff Eng3 4 $32.69 $131
Staff Sci3 60 . -$25.48 $1,529
Senior Tech 4 $24.76 $99
Admnstrtr 3 2 $20.97 $42
Admnstrtr 2 2 $19.23 $38
Total Hours 131
Total Direct Salary Cost(DSC) $4,042
Overhead Cost(OH) 213.37% $8,625
Fixed Fee(FF) 30.00% $1;213
Total Labor Cost $13,880
DIRECT EXPENSES
Vehicle ($.505 per mile) $500
Communication ($0.50 per minute for 30 minutes) $20
Field Supplies $2,000
Copies ($0.12 per copy) $600
Subtotal Direct Expenses $3,120
SUBCONSULTANT/SUBCONTRACTOR EXPENSES
Chemical Analytical Laboratory $8,000
Total Subconsultant/Subcontractor Expenses $8,000
Total Estimated Fee $25,000
File No. 0693-068-00
September 3, 2009 CEOENGINEERS
�
Exhibit G-1
Task 8 - Right of Way Services (Phase II)
8.1 Right-of-Way Appraisal and Acquisition Services
This work will be performed by Sub-consultant Pharos Corporation. The Consultant
shall:
• Up to three meetings with the respective City Officials to understand the
City's position relating to the project.
• Attend the public presentations relating to the project and be prepared to
discuss the project details with each effected property owner.
• Up to two meetings on-site with each property owner to explain the project
and how it impacts their property, and to further explain the appraisal process
as well as the timing of the same. Up to fifty-seven owners are anticipated.
• Subcontract with an appraisal firm who is on the WSDOT approved provider
list. Further instruct them to provide a True Cost Estimate for those impacted
properties. Where the just compensation is estimated less than $10,000,
instruct the appraiser to produce an "Appraisal Waiver" which will be used to
prepare an Administrative Offer Summary. Those properties where just
compensation is estimated.in excess of $10,000, instruct the appraiser to
prepare a Before and After' short-form appraisal and ha ve that appraisal
reviewed by a WSDOT approved review appraiser. The City, with approval
by WSDOT, can adjust the appraisal waiver dollar amount from $10,000 to
$25,000. That would reduce the cost of the appraisal and appraisal review.
b City of Renton for
• Review preliminary title commitments, provided y y ,
standard owners coverage, including each listed exception.
• Prepare offer letters, deeds etc. in a form approved by the City of Renton,
and make personal visits with each property owner in an effort to complete
the negotiations. Up to fifty-seven parcels and fifty-seven owners are
anticipated. Up to three negotiation meetings with each owner are assumed.
• Meet with the City of Renton staff as necessary to resolve negotiation issues,
coordinate with engineering staff, and discuss parcel status. Up to ten
meetings are assumed. Make settlement recommendations as appropriate.
• If there are special construction elements relating to a particular parcel- of
property, ensure that those construction considerations are reduced to writing
and submitted to the City of Renton for approval.
• Close the acquisitions either through an escrow office, title company, or
through the City of Renton, as instructed. Fees for title and escrow are to be
paid for separately by the City of Renton. The consultant will seek partial
releases from lenders.
• Report acquisition and relocation status bi-weekly-through written reports.
Exhibit G-1
8.1.A Relocation
1. Relocation Scope of Work(Update Plan completed in Phase 1)
A. Relocation Plan
1. Interviews with identified displacements
2. inventory of Displacements and Needs
3. Market search for available replacement housing and sites
4. Identification of anticipated problems
5. Estimate of relocation costs
6. Write relocation plan
B. Process(Complete relocation begun under Phase 1)
1. Prepare and deliver required notices
a. General Notice
b. Eligibility Notice
c. 90 Day Notice or Assurance
2. Benefit Computations
a. Business Displacements
1) Advisory services-non-monetary
2) Move Benefit
a) Prepare RFP
b) Obtain/analyze move bids
c) Recommend move costs and obtain agency approval
d) Monitor Move
e) Prepare and process claim(s)
3) Re-establishment Benefit
a) Gather and analyze documentation
b) Recommend eligible costs and obtain agency approval
c) Prepare and process claim(s)
3. Transfer acquired and vacated property to Agency
a. Final inspection
b. Receive keys from prior owner
c. Transfer keys.and property to Agency
Statements will be furnished monthly detailing daily work and time and will include copies of
invoices for all Reimbursable Costs. Fees will be based on actual time spent and out-of-pocket
expenses. The fees estimated are based upon a general understanding of the project scope. The
work does not include:(1)Purchase prices,title policies,or closing costs;(2)Environmental;(3)
Legal Fees; (4)Engineering,Construction or Construction Management;(S)Survey Work;(6)
Condemnations. All legal documents will be reviewed and approved by City attorneys.
Contractor is not engaged in the practice of law. ff other tasks are required to be performed or.
there are changes in pertinent information,Contractor reserves the right to modify the proposal.
Contractor is not responsible for delays caused by other consulting
companies or federal,state,county or local officials. . . . . . .
NI�I�NNIIIINI �N� �
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IV NIVI �II� IV�II I ���N�I� ��uhl
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Exhibit G-1
Task 9.1-Cultural and Historical Monitoring
The purpose of Cultural and Historical resources monitoring is to provide the necessary
documentation to comply with Section 106 of the National Historic Preservation Act.The
Consultant reviews the plans as they are being developed and compares the proposed
development to the approved survey report to ensure that the site is covered in accordance
with applicable Washington State Office of Archaeology and Historic Preservation(OAHP)
and U.S. Secretary of Interior standards. it is anticipated an additional survey will be
needed to cover the subsurface work.
This information will be assembled into a Cultural Resources Monitoring Report. Provide
four copies of the draft document to the City for review. The report will be finalized based
on one round of City reviews and four copies of the Final Cultural Resources Report will be
submitted.
Task 9.2-Biological Assessment
The Consultant shall coordinate with the City on the updated analysis of the project impacts
and new species list on six month intervals consistent with the WSDOT Guidelines. If new
information warrants, consultations with FHWA will be initiated.
Task 9.3-Public Outreach
The purpose of this effort is to monitor the continuous public outreach by the City Staff and to
document compliance with the Environmental Justice Executive Order. An analysis of the
Title VI Population Groups within the project area does indicate special population groups.
Task 9.4-Hazardous Materials Documentation and Approval
The Consultant will coordinate with the WSDOT to address comments and obtain FHWA
approval on the Phase 2 Site Assessment and the Phase 3 remediation plan.
Task 9.5 Permits
The consultant shall complete the appropriate NPDES applications including the public
notice as necessary to implement the project. It is anticipated that this permit will be
obtained in the Contractors name.
Task 9.6 SEPA Mitigation Measure
The consultant shall work with the design team to develop the necessary mitigation plans
per the SEPA MDNS. The plan includes a traffic control plan a noise variance and
landscaping plan and a tree retention plan.
Exhibit G-1
Environmental
Cost Estimate
Senior
Project Manager Biologist/Planner
Hours Hours
Task 9.1 Cultural Resources
MonitoLn 40 24
Reporting 20 40
Task 9.2 ESA(Section 7)Updates
BA 24 60
Task 9.3 Public Outreach
Review and Support 16 16
Task 9.4 Environmental Site Assessment
Phase 1 Review 32 24
Coordination 24 18
Phase 2Review 32 24
Coordination 24 18
Task 9.5 NPDES
Application 16 32
Task 9.6 SEPA Mitigation Plans
Traffic 12 24
Landscaping 12 24
Tree Retention 12 24
Noise Variance 12 24
Total hours 264 328
Summary Hours Hourly Rate
Project Manage 264 $50.00
'
Project Bt olo isl 328 $31.00
Overhead Profit Total Labor
$19,369.60 $3,960.00 513,200.00
$15,252.00 $3,050.40 $10,168.00
Cultural Resource Report 515,000 00
Total Labor $65,000.00
TOTAL ESTR6[ATEU COST $80,000.00
*Overhead 15056 - --
*Profit of Labor 30%
Exhibit G-1
City of Renton
Rainier Avenue Improvements.Project
Scope of Work
for
Final Storm Drainage Design
This scope of work includes tasks to be performed by RoseWater GHD to prepare final
to
storm drainage plans, specifications, engineer's estimate, and surface water Technical
Information Re ort TIR for roadway improvements in Rainier Avenue between S Grady
of a (TIR) y p
Way,and S 2" Street. The final design work will be based on the preliminary (30%)
drainage plans and TIR prepared previously by RoseWater GHD.
Following are the anticipated tasks needed to complete this design:
Conveyance Design
RoseWater GHD will prepare complete final engineering.and design of new stormwater
conveyance facilities including piping, manholes and catch basins. Inlet spacing and
pipe sizing calculations will be prepared to support the design. Drainage connections
from adjacent properties will be investigated, and connections/modifications included in
the design. This investigation will involve limited smoke/dye testing and TV inspection to
be coordinated by RoseWater GHD and performed by others.
Water Quality Facility Design
RoseWater GHD will prepare complete final engineering and design of water quality
treatment facilities in Basin V and Basin I as documented in the 30%TIR.
Diversion Modelin
Shattuck Avenue Stormwater D a and Documentation
A draft "Shattuck Avenue Stormwater Diversion Modeling Report" dated February 2008,
was prepared previously by RoseWater GHD. The XP-SWMM modeling and Modeling
Report will be revised to address comments dated 3/25/08 from Allen Quynn, and
resubmitted as an appendix(or reference) to the TIR.
Final Surface Water Technical Information Report (TIR)
The 30%TIR prepared for the preliminary design phase will be updated to document the
final storm drainage design in accordance with the Department of Ecology's 2005
Surface Wafer Management Manual for Westem Washington for water quality treatment
g g
and the 2005 King County Surface Water Design Manual for conveyance system design.
The format of the report will be based on the requirements for a King County Technical
Information Report; however sections that are not applicable to a public project in the
City of Renton will not be included. . Findings of. the Shattuck Avenue Stormwater
Diversion Modeling Report related to impacts to the Rainier Avenue pump station will be
documented in the TIR. The Modeling Report will be referenced or attached as an
appendix. The TIR will be submitted as a draft following the 60% plans submittal. The
final TIR will be submitted following the 90%plans submittal.
Storm Drainage Plans. Profiles and Details
Storm drainage plans will be prepared at a full-size scale of 1"=20' for the project area.
The drainage plan sheets will include storm drainage pipes and structures in plan view
Page 1 of 2
12007 BPa107bp061...Ratnter Final Design Scope-RWGHD.doo
Exhibit 0-1
only. Profiles will be shown on separate profile sheets. Storm drainage detail sheet will
be included for non-standard drainage structures and water quality facilities.
Engineer's Estimate
A cost opinion will be prepared for the storm drainage improvements based on the 60%
plans and updated for the 90% and 100% submittals. The cost opinion will be submitted
in spreadsheet form, with quantity take-offs tabulated by drainage plan sheet.
Specifications
Special provisions will be written for non-standard storm drainage facilities. Special
provisions will be prepared for the 90% submittal and updated for the 100%submittal.
Services During Bidding and Construction
Services during bidding and construction have not been included in this scope of work.
Scope and budget for these services will be determined prior to bidding.
Deliverables:
The following deliverables will be submitted in hard copy(2 sets) and electronically
(.pdf and .dwg files).
• Final Shattuck Avenue Diversion Modeling Report
• Final Storm Drainage Technical Information Report(TIR) (draft following 60%
plans submittal and final following 90%plans submittal)
• Storm Drainage Plans, Profiles, and Details (60%,90%and 100°/x)
• Engineer's Estimate(60%, 90% and 100°/x)
• Specifications (90%and 100%)
Assumptions:
1. The storm drainage design standard for this project will be the Department of
Ecology's February 2005 Stormwater Management Manual for Western Washington
(SMMWW)for stormwater management requirements. City of Renton standards will be
used for conveyance design since conveyance is not addressed in the SMMWW.
2. The existing Rainier Avenue pump station will not require replacement or upgrades
as a result of roadway improvements in Rainier Avenue or replacement of the BNSF
railroad bridge.
3. The project will be exempt from flow control requirements. Runoff treatment will be
required for an area equivalent to new impervious surfaces in Basins V and I only, as
documented in the 30%TIR.
4. Environmental permitting will be performed by others on the design team.
5. The duration of the project will be 18 months from notice to proceed.
6. Design team meetings will be held monthly for the duration of the project.
Page 2 of 2
\2007 13Ps\07bp061...Rainier Final Design Scope-RWGHD.doc
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Exhibit 6-1
)A_ OBS ASSOCIATES
Engineers/Consultants
22 January 2009
KPG, Inc.
753-9`h Avenue North
Seattle,WA 98109
Attn: Mr. Jason Fritzler,P.E.
RE: Revised Proposal Letter for Phase 2 Geotechnical Investigation and Design, Rainier
Avenue Transit Improvement Project,Renton,Washington
This is Jacobs Associates (JA) proposal letter to KPG to provide geotechnical investigation,
analysis and recommendations for Phase 2 of the Rainier Avenue Transit Improvement Project,.
for the City of Renton, in Renton, Washington. We have worked with KPG on Phase 1 of the
project and look forward to working on Phase 2 with you.This proposal is based on information
we discussed during the meeting held at the KPG office on 23 August 2007 and subsequent
phone conversations with you and Mr.Ken Valder of Cooper-Zietz.
The objective of JA in Phase 2 will be to provide KPG with recommendations for the 60% and
90% design documents and the Final Bid Documents, including plans and specifications, and to
assist Cooper-Zietz with coordination and drilling of 6 GeoProbe boreholes for environmental
sampling.
We propose the following scope for Phase 2 to KPG:
1. Perform field investigations to assist Cooper-Zietz with obtaining samples of potentially
hazardous material along the project route.
The investigation will include:.
• Preliminary site visits by an engineer from JA to evaluate the site conditions,
evaluate access, plan the field investigation, and locate the borings with a
representative of Cooper-Zietz;
• Coordinate the field investigations, including utility locate, pavement coring (as
necessary)and drilling subcontractors,traffic control plans,and permitting;
• Log the soil borings(estimate 6 borings)in all boreholes;and
• Prepare summary geotechnical logs of the borings.
2. Attend monthly design meetings(JA has estimated 12 meetings).
3. Provide design assistance to KPG for the 60% and 90% design documents and the Final
Bid Documents,including plans and specifications.
JA shall perform our work according to JA's approved FARS overhead rate that is presented on
the attached spreadsheet. We may modify our work based on your decisions and will discuss
with you our scope. Our estimate for the work as outlined above is $31,962:-This estimate
1109 First Avenue,Suite 601 Seattle,WA 98101-2963 Phone:(206)688-8200 Fax: (206)688-8201
0 Exhibit G-1
includes fees for the GeoProbe drilling firm, the traffic control plans and flagging firm, and the
concrete coring firm.
We appreciate this opportunity to he of service to you. Should you have any questions, or if we
have misinterpreted what you desire of our firm,please do not hesitate to call. We shall perform
our work in accordance with the Agreement for Professional Services, which you should have
from the previous phase. Please sign below and return a copy to our office.
Jacobs Assoc' tes Client's Authorization
Carol Ravano,P.E. Client
Project Manager Date:
1109 First Avenue,Suite 601 Seattle,WA 98101-2963 Phone:(206)588-8200 Fax:(206)588-8201
Exhibit G-1
Jacobs Associates t Seattle ! i
� i �-'---'----;-...—'--------' ------- •-.__._._.- 22-Jan-09
t
KPG-Phase 2 Rainier Avenue Transit Improvement Project
........---.........................._.........--............... _. .. ._...total-------.�......_.--------'-
1 $ 31,961.49
DIRECT SALARY COST(DSC) 4 ` i
Classification Hours { Rate Cost ;Staff
Principal _._--....__ 10' 380.00 $ 800.00 1 F.Pita
_ - --._:.._... - • '- - ..................
Associate ' 60�$ 55.00: $ 3,300.00 : :C.Ravano ? .
Senior Engfnear 20l$ 40.00!$ 800.00 U.Schrank
_...i 1.
Project E...n. _in.._._.... $ 344 ';$
.._......._ ---._.. _............. -..........._._.._-............_..._..... ...
EngineerlGeofogist 100`$ 30.00 ;$ 3,000.00 ; jP.Campbell i
.. ._ 4. ....................�.._ ..........._._._I_...----__..__....._.5.. ._...._... ........................ ...........................
......-.
Technical Staff ! $ - i$ - ................
Drafter t 0 $ $
..--------•--- -
,..........._.... ..i.." -_._........... -----_ ._._....__...__....:................._:..............................
.1... ......_......._..- '
Clerical Staff $ - _$ -
_.. .............. : !$ 7,900.00 TOTAL DSC 7,900.00 j
. .......... -...... . ..._.......... j
............... .__..
v
OVERHEAD(OH Cost-•including salary Additives)=OH Rate x TOTAL DSC
._
Jacobs OH Rate i -_.__...___ -
_ .........' 1.85-5-2-11 EARS i
Overhead= I$ 13,076.08 : $ 13,076.08
...--
.. .........................................._... ------
,
FIXED FEE(FF)=FF Rate x DSC i
FF Rate= t 0.15. F
Fixed Fee= 1$ 3,148.41 ;S 3,146.41
....................................-' --------- - - ---'- - ' ------_.._.----------------
.. -- ...._.._
24,122.49
REIMBURSABLE$ _ i
Travel 500-miles Qa......... 0.55'= $ 275.00 .....--.-..... - . . . - ._......
Computer E enses -._�t_.. ... $ 50.00: ; $ -
xp __.. -
ReproductionExp Oi $ 75.00 i _f.
Communication 0 :$ 60.00 ' ;$ -
Equipment 1 ......-...._.__._. ..._.......
-
Chain Saws Odays _...._:__.._. $50 i'
Water Sounder' Oida $20 R :$ -
1 F -
Level` 0 1days @ $30!= (S
$- 275.00
_.. ._....._-.._._..,..._.............::...-�' —-- . .
Outside Costs = ..... .... .............. .............-�'---
CADDdrafting t. . 2Oihours Q- - -- - $45 !$ 900.001
Pavement Coring and..._..... .. _ -'-'- --.. i.............. - `----.._..--------'
Drill Rig or Backhoe :from sheet 2 ;$ 6,664.00;
Geotach Lab i from sheet 2 $o
_._....._.... ___..:..-.
t i i S 7,564.00
..-................._....._.. i- -' ......--- �..._.. `.. .__....... .....i.................... i ....- --.....-- ... .. .... - $ 7,839.00
otal i $ 31,961.49
Jacobs Associates Confidential 1/22/2009 Page 1
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 fr o m time to t im e(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 shal l
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 ofthe AGREEMENT,in whole or in part
DOT Form 140.089 EF Exhi it H
Revised 8/06
0
Y G. 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.
A
Exhibit i
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
i
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 Sinn 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 nonsalaiy 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 144-069 EF EXWt t
Revised 6105
•
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 mote 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 Errors)
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 errors)issue.
Step 4—Attempt to Resolve Alleged Design Error with Consultant
After the meetings)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 errors).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 E)Iblt J
Revised 8105
0 0
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
liti
i by arbitration or by ga tion.
-
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;
• Summ ary 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 FHW .(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 R5 EF Exhibit K
i
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures.
Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim,the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s);and
• Recommendations to resolve the claim.
Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim,or portions thereof,which may include getting Agency Council or
Commission approval(as appropriate to agency dispute resolution procedures).If the project
involves federal participation,obtain concurrence from WSDOT Highways and Local Programs
and 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
I hereby certify that I am CA )0(r w,c.r hq and duly authorized
e
representative of the firm of KPG,Inc. whose address is
75-3 a /V ye, se,&�&Ie LA/A- 161 cKj 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 Washington State Department of
Transportation and the Federal Highway Administration,U.S.Department of Transportation in
connection with this AGREEMENT involving participation of Federal-aid highwa unds nd is
subject to applicable State and Federal laws,both criminal and civil.
lo
15ate ignat e
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 Y to retain,any firm or person;
or
(b) Pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or
consideration of any kind;except as hereby expressly stated(if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration,U.S.Department of Transportation,in
connection with this AGREEMENT involving participation of Federal-aid highway fitnds,and is
subject to applicable State and Federal laws,both criminal and civil.
l Q
Date Signature
DOT Form 140-088 EF Exhibit M-1(b)
Revised 8/05
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.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
Consultant(Firm): KPG, Inc.
Lo
(Date) Si ure) res en r orized Official of Consultant
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
0 i
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): KPG,Inc. X7 17
q/ 1
(Date) ( n re)P � ent or orized Official o Consultant
DOT Form 140-089 EF Exhibit M-3
Revised 6/05
I
Exhibit M-4
Certificate of Current Cost or Pricing Data
This is to certify that,to the best of my knowledge and belief,the cost or pricing data(as defined in
section 15.401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4)
submitted,either actually or by specific identification in writing,to the contracting officer or to the �j
contracting officer's representative in support of - �,c.i e— ��J . ��f eA
are accurate,complete,and current as of 411110 q **.This certification includes
the cost or pricing data supporting any advance agreements greements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm KPG,Inc.
Name KPG,Inc. Qom. �v� ��u�LjcL ►
Title
Date of Execution*** -7 o
* Identify the proposal,quotation,request for price adjustment,or other submission involved,
giving the appropriate identifying number(e.g.,RFP No.).
** Insert the day,month,and year when price negotiations were concluded and price agreement
was reached.
*** Insert the day,month,and year of signing,which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140-089 EF Exhibit M-4
Revised 6/05