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HomeMy WebLinkAbout2024, AG-C-577 - CP2313, Professional Services Agreement w Parametrix, Inc.--------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 1 of 12 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-577 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Washington Municipal Corporation ("CITY") and PARAMETRIX, INC. whose address is 1019 39th Avenue SE Ste 100, Puyallup WA 98374, ("CONSULTANT"). In consideration of the covenants and conditions of this Agreement, the parties agree as follows: 1. SCOPE OF WORK. The CONSULTANT agrees to perform the tasks described on Exhibit “A”. 2. TIME FOR PERFORMANCE, TERM AND TERMINATION OF AGREEMENT. The CONSULTANT will not begin any work under this Agreement until authorized in writing by the CITY. The term of this Agreement commences on the later date of the Parties execution of this Agreement, as reflected on the signature page. The CONSULTANT will perform the services in accordance with the direction and scheduling provided on Exhibit “A”, unless otherwise agreed to in writing by the parties. All work performed under this Agreement will be completed by December 31, 2024. Termination for cause. Either party may terminate this Agreement and/or any task assignments upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The notice will identify the reason(s) for termination and specify the effective date of termination. In the event of a default by CONSULTANT, CITY may suspend all payments otherwise due to CONSULTANT and the CITY will have no further obligations to CONSULTANT. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 2 of 12 Termination for Convenience. The CITY may terminate this Agreement and/or any task assignments upon not less than seven (7) days written notice, which shall contain the effective date of termination, to the CONSULTANT. If this Agreement is terminated through no fault of the CONSULTANT, the CONSULTANT will be compensated for services performed prior to termination: in accordance with the rate of compensation provided in Exhibit “B”. This payment shall fully satisfy and discharge the CITY of all obligations and liabilities owed the CONSULTANT, who shall not be liable for any anticipated profits or other consequential damages resulting from the termination. Upon receipt of a termination notice, the CONSULTANT will promptly discontinue all services affected and deliver to the CITY all data, drawings, specifications, reports, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared, or obtained in performing this Agreement, whether fully or partially completed. All rights and remedies provided in this Section are not exclusive of any other rights or remedies that may be available to the CITY, whether provided by Law, equity, in any other agreement between the parties or otherwise. 3. COMPENSATION. total compensation for this Agreement shall not exceed $58,435.26, which includes a Management Reserve Fund amount of $2,500. Expenditure of Management Reserve Funds must be authorized by the CITY as set forth in Section 4 of this Agreement. The CONSULTANT shall be paid by the CITY for direct non-salary costs, per attached Exhibit C, at the actual cost to the CONSULTANT plus 10%. These charges may include, but are not limited to the following items: outside reproduction fees, courier fees, subconsultant fees, and materials and supplies. The billing for non- DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 3 of 12 salary costs that are directly identifiable to the project, shall be submitted as an itemized listing of charges. Copies of the original supporting documents shall be supplied to the CITY upon request. If services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification must be negotiated and approved by the CITY prior to any effort being expended on those services or work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4, if a Management Reserve Fund has been established by this Agreement. 4. MANAGEMENT RESERVE FUND. The Management Reserve Fund established in Section 3 of this Agreement, if any, has been established to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing, prior to the CONSULTANT expending any effort on such services and shall not exceed the amount established in Section 3 of this Agreement. 5. SUBCONTRACTING. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contract or any other relationship. Compensation for any SUBCONSULTANT work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the SUBCONSULTANT shall be substantiated in the same manner as outlined in Section 3. All subcontracts shall contain all applicable provisions of this AGREEMENT. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 4 of 12 6. RESPONSIBILITY OF CONSULTANT. The CONSULTANT is responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any negligent errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally accepted professional engineering standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided in this Agreement, neither the CITY'S review, approval, or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 7. INDEMNIFICATION/HOLD HARMLESS. Except for injuries and damages caused by the sole negligence of the CITY, the CONSULTANT will defend, indemnify and hold the CITY and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees and litigation expenses, arising out of or resulting from the negligent acts, errors, or omissions of the CONSULTANT, its employees, agents, representatives, or subcontractors, including employees, agents, or representatives of its subcontractors, made in the performance of this Agreement, or arising out of worker’s compensation, unemployment compensation, or unemployment disability compensation claims. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 5 of 12 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT and the Public Entity, its officers, officials, employees, and volunteers, the CONSULTANT's liability, including the duty and cost to defend, hereunder shall be only to the extent of the CONSULTANT’s negligence. It is further specifically and expressly understood that this indemnification constitutes the CONSULTANT’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section will survive the expiration or termination of this Agreement. 8. INDEPENDENT CONTRACTOR/ASSIGNMENT. The CONSULTANT will perform the services as an independent contractor and will not be deemed, by virtue of this Agreement and performance of its provisions, to have entered into any partnership, joint venture, employment or other relationship with the CITY. Nothing in this Agreement creates any contractual relationship between the CONSULTANT’s employee, agent, or subcontractor and the CITY. 9. INSURANCE. The CONSULTANT will, at its sole expense, procure and maintain for the duration of this Agreement and 30 days thereafter insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by the CONSULTANT, its agents, representatives, or employees. CONSULTANT’s maintenance of insurance as required by the Agreement will not be construed to limit the liability of the CONSULTANT to the coverage provided by such DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 6 of 12 insurance, or otherwise limit the CITY’s recourse to any remedy available at law or in equity. The Service CONSULTANT will obtain insurance of the types described below: a. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage will be at least as broad as Insurance Services Office (ISO) form CA 00 01 (CONSULTANT may use a substitute form providing equivalent liability coverage). CONSULTANT will maintain automobile insurance with minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance will be at least as broad as ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, stop - gap independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The CITY will be named as an additional insured under the CONSULTANT’s Commercial General Liability insurance policy with respect to the work performed for the CITY using an additional insured endorsement at least as broad as ISO Additional Insured endorsement CG 20 26 . Commercial General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate c. Worker’s Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the CONSULTANT’s profession with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. For Automobile Liability and Commercial General Liability insurance, the policies are to contain, or be endorsed to contain that CONSULTANT’s insurance coverage will be primary insurance as respects the CITY. Any insurance, self-insurance, or self-insurance DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 7 of 12 pool coverage maintained by the CITY will be excess of the CONSULTANT’s insurance and will not contribute with it. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. The CONSULTANT will furnish the CITY with original certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of this Agreement before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies, with any confidential information redacted, and/or evidence of all subcontractors’ coverage be submitted to the CITY at any time. The CITY may withhold payment if the CONSULTANT does not fully comply with this request. If the CONSULTANT maintains higher insurance limits than the minimums shown above, the CITY will be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the CONSULTANT, irrespective of whether such limits maintained by the CONSULTANT are greater than those required by this Agreement or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the CONSULTANT. Failure on the part of the CONSULTANT to maintain the insurance as required will constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to the CONSULTANT to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 8 of 12 The CONSULTANT will provide the CITY with written notice of any policy cancellation within two business days of their receipt of such notice. Failure by the CONSULTANT to maintain the insurance as required will constitute a material breach of this agreement, upon which the CITY may, after giving five (5) business days’ notice to the CONSULTANT to correct the breach, immediately terminate the agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the CITY’s sole discretion, offset against funds due the CONSULTANT from the CITY. 10. NONDISCRIMINATION. The CONSULTANT will not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, or where there is the presence of any sensory, mental or physical handicap. 11. OWNERSHIP AND USE OF DOCUMENTS All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the CONSULTANT as part of his performance of this Agreement (the “Work Products”) will be owned by and become the property of the CITY, may be used by the CITY for any purpose beneficial to the CITY, and are subject to the requirement of the Public Records Act, 42.56 RCW. The CONSULTANT acknowledges that the Agreement, and documents provided in connection with this Agreement, become a public record and may be subject to inspection and copying, unless the information is declared by law to be confidential or is otherwise exempted from public records disclosure requirements. The CONSULTANT agrees to give its fullest assistance to the CITY in identifying, locating, and copying any DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 9 of 12 records in the CONSULTANT’s possession that are responsive, as determined by the CITY in its sole discretion, to a Public Records Act request received by the CITY. 12. RECORDS INSPECTION AND AUDIT All compensation payments will be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement will be subject to inspection and audit by the CITY for a period of up to three (3) years from the final payment for work performed under this Agreement. If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) pear period, all records and books of account pertaining to any work performed under this Agreement will be retained until all litigation, claims, disputes, or audit are finally resolved. 13. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The CONSULTANT 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 the effective date of this Agreement 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; DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 10 of 12 (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph “(b)” of this certification; and (d) Have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. 14. GENERAL PROVISIONS. 14.1. This Agreement shall be governed by the laws, regulations and ordinances of the CITY of Auburn, the State of Washington, King County, and where applicable, Federal laws. 14.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. 14.3. If any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 14.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 14.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 11 of 12 14.6. All costs of enforcement, including reasonable attorney’s fees, expenses and court costs shall be paid to the substantially prevailing party. 14.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 14.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 14.9. This Agreement shall be administered by Dylan Bailey on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Parametrix, Inc. Attn: Jeffrey Bender Attn: Dylan Bailey 25 W Main Street 1019 39th Avenue SE Ste 100 Auburn WA 98001 Puyallup WA 98374 Phone: 253-804-506. Phone: 253-501-5169 E-mail: jbender@auburnwa.gov E-mail: dbailey@parametrix.com 14.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or sent by regular United States mail, postage prepaid. Any party may change their address by giving notice in writing to any other party. 14.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 --------------------------------------------------------------- Agreement for Professional Services AG-C-577 ENG-181, Revised 08/23 June 5, 2024 Page 12 of 12 CITY OF AUBURN Nancy Backus, Mayor Date APPROVED AS TO FORM: Doug Ruth, Acting City Attorney PARAMETRIX, INC. BY: Title: Federal Tax ID # DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 Regional Division Manager 6/17/2024 CP2313 Auburn Way South Roundabout Enhancements City of Auburn ENG-378, Revised 5/24 1 of 8 City of Auburn CP2313 Auburn Way South Roundabout Enhancements Scope of Work A. Project Description/Background The City of Auburn (City) has selected Parametrix (Consultant) to assist the City in providing intermediate design; final design; and preparation of construction plans, technical specifications, and estimate of probable construction cost. Improvements are anticipated to include:  Design of interior space at the Auburn Way South roundabout at Chinook Elementary School entrance to accommodate Muckleshoot Indian Tribe (MIT) provided artwork. B. Assumptions The following assumptions were made to provide direction for the design: 1. No new roadway improvements will be constructed. 2. No new sidewalks will be constructed. 3. No new curb and gutter will be constructed. 4. No new curb ramps will be constructed. 5. No Franchise utilities work is anticipated. 6. Existing condition survey and base map to be completed by the City and provided to Consultant. City will perform additional survey to support the design process as mutually agreed during the Project. 7. Neither right of way nor easement acquisition will be required. 8. Temporary Construction Permits, if required, will be acquired by the City. The Consultant will support the process through creation of permit exhibits showing frontage impacts. 9. The City will be responsible for all permit fees. 10. City will be responsible for preparing applications and acquiring all required City permits. SEPA exemption has been granted. 11. City will be responsible for preparing applications and acquiring all required WSDOT permits, except work as specifically to be by the Consultant as noted in Work Element 3. 12. Applicable City of Auburn and/or WSDOT Standard Plans will be included in the Contract Provisions. 13. Consultant reserves the opportunity to shift budget between work tasks and sub- consultants (excludes optional tasks) with approval from the City project manager. 14. Analyses, design, plans, technical specifications, and estimates performed or prepared as part of this project will be in English units. 15. City of Auburn drafting and plan sheet standards will be used. 16. It is anticipated that the project will produce less than 2,000 square feet of new plus replaced impervious surface. Therefore, only Minimum Requirement (MR) #2 is expected to be triggered by the project EXHIBIT ADocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 CP2313 Auburn Way South Roundabout Enhancements City of Auburn ENG-378, Revised 5/24 2 of 8 17. In providing opinions of cost and schedules for the project, the Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing infrastructure that may affect costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. The Consultant therefore makes no warranty that the City’s actual project costs or schedules will not vary from the Consultant’s opinions, analyses, projections, or estimates. 18. All submittals shall be submitted electronically and, in specific instances, in hard copy format as defined in the scope deliverables. Draft reports and memorandums shall be submitted in Microsoft Word format and PDF. Final reports and documents shall be submitted in Microsoft Word format, PDF format, and in hard copy as defined in the scope deliverables. Submittals for draft plans shall be in full sized PDF format. All final plans shall be submitted in AutoCAD 2022 (.dwg) format, and full-sized PDF format. Major Milestone Schedule The following are major schedule milestones for the project: Notice to Proceed June 2024 Draft Conceptual Design June 2024 Final Conceptual Design July 2024 60% Design August 2024 99% Design September 2024 Advertisement October 2024 Bid Opening November 2024 C. City of Auburn-Provided Items: The City of Auburn will provide/prepare the following: 1. City of Auburn Boilerplate Special Provisions. 2. City of Auburn Boilerplate Cost Estimate Template. 3. City of Auburn drafting and plan sheet standards. 4. Project Schedule. D. DESIGN CRITERIA: Plans and reports prepared as part of this scope of work will be developed in accordance with the latest edition and amendments to the following documents, as of the date this Agreement is signed: AASHTO Publications a. A Policy on Geometric Design of Highways and Streets WSDOT Publications b. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), Standard Specifications for Road, Bridge and Municipal Construction. c. WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 CP2313 Auburn Way South Roundabout Enhancements City of Auburn ENG-378, Revised 5/24 3 of 8 d. WSDOT Design Manual CITY of Auburn Standards e. Engineering Design and Construction Standards f. Drafting Standards g. City of Auburn SWMM (2019 Ecology Stormwater Management Manual for Western Washington and Auburn Supplements) Other Standards and Publications h. FHWA and Washington State Department of Transportation, Manual on Uniform Traffic Control Devices (MUTCD) i. American Water Works Association (AWWA) j. Department of Ecology’s Stormwater Management Manual for Western Washington If there are conflicts between standards for the above referenced documents, the Project team will identify the conflict and City will provide guidance on which standard to utilize on the Project. E. SCOPE OF WORK This section describes the Scope of Services to be provided by the Consultant. The Scope of Services is broken down by the following Work Elements:  Work Element 1 – Project Management and Administration  Work Element 2 – Quality Control and Quality Assurance  Work Element 3 – Collaborative Design  Work Element 4 – Intermediate Design (60% Design)  Work Element 5 – Final Design and Check Set (99% Check Set)  Work Element 6 – Assistance During Bidding  Work Element 7 – Support During Construction Work Element 1 – Project Management and Administration This section covers the effort required to manage the Contract and to assure that the project meets the City’s expectations for schedule, budget, and quality of product. Effort included under this section is as follows: 1.1 Consultant will provide continuous project coordination and internal management for the project duration (estimate 6 months). This will include Project Setup and development of a Project Management Plan. 1.2 Consultant will prepare monthly invoices and progress reports that identify work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. 1.3 Consultant will coordinate with City staff, including preparing for and attending up to 2 coordination meetings throughout the duration of the project. At the coordination meetings, Consultant staff shall review and update decision log with City PM. 1.4 City will provide initial project schedule. Consultant shall modify schedule for a design baseline schedule. Consultant shall update project schedule at each major milestone deliverable (3 updates). 1.5 Consultant shall conduct a project kickoff meeting including City and Consultant staff. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 CP2313 Auburn Way South Roundabout Enhancements City of Auburn ENG-378, Revised 5/24 4 of 8 Deliverables:  Monthly progress reports with each invoice.  Kickoff Meeting and Coordination meeting agendas and notes. Electronic (PDF) copies of the meeting notes will be distributed to all attendees. Assumptions:  1 of the 2 Coordination Meetings with the City will be during the design phase of the project prior to construction. Consultant shall have up to 2 staff attend each coordination meeting. Coordination Meetings anticipated to last 2 hours each.  Kickoff meeting agenda and meeting notes will be prepared by the Consultant. Up to 2 consultant staff will attend virtual kickoff meeting. Kickoff meeting anticipated to last 1 hour.  All meetings are planned to be virtual and will utilize Microsoft Teams meeting platform  The decision log will be jointly maintained by the City and Consultant.  There will be 4 months of invoices and progress reports Work Element 2 – Quality Control and Quality Assurance The Consultant shall follow the Quality Control Plan developed for this Project. Quality Control will be provided prior to each submittal to the City to ensure Consultant’s design work follows City, State, and Federal standards as applicable to the Project. Final work submitted to the City shall be stamped and signed by a professional engineer in the State of Washington. 60%, 90%, and 99% Plans, Technical Specifications, and Opinion of Probable Construction Costs shall not be stamped and will be marked “Not for Construction”. At each submittal the Consultant shall review comments provided by the City and key stakeholders and compile responses to comments indicating actions planned to be taken on each comment. The City and Consultant will conduct a roundtable review meeting to discuss comment resolution prior to moving to the next phase of design. 3.2 The Consultant shall conduct QA/QC efforts for the 60% design deliverables. 3.3 The Consultant shall complete 60% design comment review and response, 60% roundtable resolution meeting, and shall conduct QA/QC efforts for the 99% design deliverables. 3.4 The Consultant shall complete 99% design comment review and response and 99% roundtable resolution meeting. 3.5 The Consultant shall conduct QA/QC efforts for the Advertisement design deliverables. Deliverables:  Comment Review meeting agendas and meeting notes.  Comment Review Plans including responses to all City comments received (at 60%, and 99% design level comment periods). Assumptions:  The Consultant shall provide up to 1 staff at each roundtable comment resolution meeting. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 CP2313 Auburn Way South Roundabout Enhancements City of Auburn ENG-378, Revised 5/24 5 of 8  City comments and Consultant responses will be provided in Bluebeam pdf markups directly on the work product. Work Element 3 – Collaborative Design Effort under this section includes the anticipated work necessary to develop the conceptual design, including collaboration with Muckleshoot Indian Tribe (MIT) staff and tribal artists to develop the concept and coordination with City of Auburn staff to obtain design approval. 3.1 Prepare for and attend collaborative design sessions with City staff and the MIT staff and tribal artists to develop the artistic concept and coordinate interrelated tribal art and Consultant design elements. 3.2 A draft concept exhibit will be developed collaboratively between MIT and the Consultant, with input from City staff. 3.3 The Consultant, in collaboration with MIT and City staff will review and respond to comments. 3.4 The Consultant, in collaboration with MIT and City staff, will update the concept in response to comments. Deliverables:  Draft Concept Exhibit (PDF)  Final Concept Exhibit (PDF) Assumptions:  Artistic elements of concepts will be provided by MIT.  There will be up to 4 collaborative design sessions, hosted by MIT at the Phillp Star Administrative Building. Each session will be attended by up to 2 consultant staff and last 2 hrs, plus travel time.  City staff review and input to concept development will be provided through City staff participation in collaborative design sessions, or through separate City reviews with resulting City comments brought by City staff representation at the collaborative design sessions.  City will be responsible for obtaining any WSDOT approvals. Work Element 4 – Intermediate Design (60 Percent Design) Effort under this section includes the anticipated work necessary to develop intermediate design (60 percent design) submittal package for improvements. 4.1 Prepare 60 percent design plans: Incorporate all comments received during the conceptual design plan review meeting. It is anticipated that the Intermediate design submittal will contain the following sheets: Title Number Cover Sheet with Vicinity Map and Sheet Index 1 Survey Information, Alignment and Right Of Way 1 Site Preparation, TESC, and Existing Conditions Plan (20 Scale) 1 DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 CP2313 Auburn Way South Roundabout Enhancements City of Auburn ENG-378, Revised 5/24 6 of 8 Structural, Landscape, Irrigation, Water Feature and Lighting Plan (20 Scale) 5 Structural, Landscape, Irrigation, Water Feature and Lighting Details 5 Sculptural Details 1 Traffic control plans 2 TOTAL 16 4.2 Prepare Intermediate Construction Cost Estimate. 4.3 Prepare Technical Specifications including special provisions. Deliverables:  Plans (PDF versions)  Specifications and Special Provisions (Word format and PDF)  Intermediate Construction Cost Estimate (Excel .XLS format and PDF) Assumptions:  The City will not make major changes to improvements approved during the collaborative design review.  City staff present at project design review meeting will have the authority to make decisions and provide direction regarding critical project elements.  Plan comments will be issued via Bluebeam.  Details sheets will be included in submittal but will not include all pertinent design information in the 60% submittal.  Sculptural Details sheet will be coordinated with MIT Artists. Sculptural elements and design shall be provided by MIT Artists. Parametrix will provide structural footers.  The City will provide project specifications. Parametrix will provide supplemental technical/project specifications as necessary. Work Element 5 – Final Design and Check Set (99% Check Set and Bid Documents) This section includes the effort required to develop 99 percent PS&E and Final Bid Documents. Each submittal will consist of Plans, Technical Specifications, and Estimate. 5.1 Develop 99 percent PS&E: Incorporate all comments received during the preliminary design plan review meeting. It is anticipated that the 99 percent and Final Bid Documents submittals will contain the following sheets: Title Number Cover Sheet with Vicinity Map and Sheet Index 1 Survey Information, Alignment and Right Of Way 1 Site Preparation, TESC, and Existing Conditions Plan (20 Scale) 1 Structural, Landscape, Irrigation, Water Feature and Lighting Plan (20 Scale) 5 Structural, Landscape, Irrigation, Water Feature, and Lighting Details 5 DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 CP2313 Auburn Way South Roundabout Enhancements City of Auburn ENG-378, Revised 5/24 7 of 8 Sculptural Details 1 Traffic control plans 2 TOTAL 16  Construction Cost Estimate based on the 99 percent PS&E package. 5.2 Develop Final Check Set: Incorporate all comments received during the 60 percent review meeting. 5.3 Address comments on 60% Submittal Document and prepare 99% design documents. 5.4 Address comments on 99% submittal documents and prepare Bid Documents. Deliverables:  99% Final Check Set Submittal o Contract Plan set (PDF) o Specifications (Word format for specials and PDF format for complete document) o Construction Cost Estimate (excel format and PDF)  Bid Documents o Final Plan Sheets: Electronic Stamped and signed full size final plan set and all AutoCAD 2022 drawing files in .dwg format. o Final Specifications: Electronic stamped and signed in PDF format; Electronic file in Word format. o Final Construction Cost Estimate: Electronic copy in PDF format; Electronic file in Excel format. Assumptions:  A formal meeting will not be held after the Final Check Set submittal. Comments developed during the final review will be provided by the City to Consultant via email and Bluebeam review.  Auburn Standard Details will not be shown on the plan sheets unless the detail has not been approved by the City Engineer at the time.  The City will provide project specifications. Parametrix will provide supplemental technical/project specifications as necessary. Work Element 6 – Assistance During Bidding This section includes the effort to prepare addenda and respond to bidder questions relayed through the City. It is assumed that the Consultant will prepare up to 1 addendum. Addenda that are necessary as a result of an error and/or omission on the part of the Consultant shall not be invoiced or paid. Consultant shall develop Conformed Set Plans and Specifications which incorporate all changes which occur through the bidding period. Conformed Set deliverables will be delivered within 2 weeks of bid opening. Deliverables:  Addenda support responses on City forms (Word format) DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 CP2313 Auburn Way South Roundabout Enhancements City of Auburn ENG-378, Revised 5/24 8 of 8  Revised Plan Sheet for Addenda (PDF format)  Revised Specification Language for Addenda (Word format)  Conformed Set Plans, Technical Specifications Assumptions:  No pre-bid meeting will be conducted as part of the Project.  City will compile question responses and revised information in the addenda form. Consultant will provide information to support the response, and revised specification language or plan sheets to address required changes. Work Element 7 – Design Support During Construction This section includes effort for providing engineering support during construction as requested by the City Project Manager. Effort under this section could include:  Developing change order designs.  Responding to RFIs.  Providing clarification on design and specifications.  Submittal review for materials or shop drawings. Deliverables:  Design or specifications related to change order documentation (Electronic)  RFI responses on City forms (Word format)  Submittal Review Responses (Electronic) Assumptions:  The Consultant will provide written responses to RFI’s, inquiries, change orders etc., but the City will prepare final documents.  The actual support for engineering that will be needed during construction is unknown. An estimated hour amount has been entered into the Fee Estimate. Effort beyond this amount will be an amendment to this contract, if deemed necessary by the City. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 Client: <Client Name>Project: <Project Name>Project No: <Project Number>Darren SandenoDylan BaileyChuck SchottMarc KendallPalmer SandenoJake LinkeAjay NairDenise PetersenCameron MannersJessica LavarisSr. PlannerPlanner IVSr EngineerSr EngineerPlanner IEngineer IVEngineer IIElectrical Designer IIIProject Controls SpecialistProject AccountantFully Burdened Rate:$246.15 $150.05 $264.39 $220.91 $108.55 $180.08 $126.32 $158.94 $114.59 $121.16Work ElementBilling TaskDescription Labor Dollars Labor Hours01 0101 Project Management and Administration $2,836.47 18 0 4 4 0 0 0 0 0 5 5Project Meetings $1,657.75 8 4 4Billing / Invoicing $1,178.72 105502 0102 QAQC $7,405.94 33 8 8 12 4 0 1 0 0 0 0Comment Review Meeting agendas / notes $2,257.93 12 8 4Comment review plans 60% $2,664.05 11 4 4 2 1Comment Review Plans 99% $2,483.97 10 4 4 203 0103 Collaborative Design $8,321.54 56 0 24 8 0 24 0 0 0 0 0Design Meetings $4,515.86 24 16 8Draft Concept Exhibit (PDF) $2,637.15 22 6 16Final Conept Exhibit $1,168.53 10 2 804 0104 Intermediate Design (60%) $20,687.85 133 1 34 8 17 34 11 20 8 0 0Cover Sheet / Map/ Index $505.26 44Survey / Alignment / ROW $517.02 3 12Site Prep / TESC / Existing Conditions $517.02 3 12Structural Plan and Details $2,712.17 1688Landscape Irrigation Plan and Detail $2,937.24 24 8 16Lighting Plan and Detail $4,545.05 24 16 8Water Feature Plan and Detail $5,527.11 36 24 4 8Sculptural Design $651.33 66Cost Estimate $1,449.68 11 1 4 2 4Technnical Specs $1,325.96 6 1 1 2 1 105 0105 Final Design / Check Set (99%) $13,099.05 88 1 11 3 9 26 10 20 8 0 0Cover Sheet / Map/ Index $252.63 22Survey / Alignment / ROW $252.63 22Site Prep / TESC / Existing Conditions $252.63 22Structural Plan and Details $3,722.69 24888Landscape Irrigation Plan and Detail $1,902.84 16 4 12Lighting Plan and Detail $2,272.53 1284Water Feature Plan and Detail $1,997.40 14 4 2 8Sculptural Design $434.22 44Cost Estimate $949.91 7 2 2 1 2Technical Specs $1,061.57 5 1 1 1 1 106 0106 Assistance During Bidding $2,538.18 18 0 4 2 0 6 0 6 0 0 0Addenda support responses $300.09 2 2Revised Plan sheet for addenda $939.48 844Revised Specs $828.87 4 2 2Conformed Set Plans and Specs $469.74 42207 0107 Support During Construction $3,546.23 20 0 10 0 6 0 4 0 0 0 0Change Order Documentation $741.91 4 2 2RFI Responses $1,402.16 8 4 2 2Submittal Review $1,402.16 8 4 2 2Labor Totals:$58,435.2636610 95 37 36 90 26 46 16 5 5Totals: $58,435.26 $2,461.47 $14,254.40 $9,782.44 $7,952.70 $9,769.90 $4,682.07 $5,810.49 $2,543.07 $572.93 $605.79Project Total $58,435.26EXHIBIT BClient: City of AuburnProject: AWS Roundabout EnhancementsDocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES • Outside Reproduction Fees • Courier Fees • SUBCONSULTANT Fees • Materials and Supplies • Mileage at $0.655/mile or the current approved IRS rate. It is understood that all reimbursements are at cost and will be marked up 10%. Subcontracts: The CONSULTANT, at the CITY’S request shall enter into subcontracts with other CONSULTANTS, such as appraisers and/or environmental CONSULTANTS, etc. If approved, the CITY shall reimburse the CONSULTANT for the actual cost of the subcontracts plus a 10% markup to cover the CONSULTANT’S additional overhead expense associated with the Subcontract. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10). • Invoice date. • Period of time invoice covers. • CONSULTANT Agreement # (i.e.: AG-C-115). • Project number(s) listed (i.e.: PR562). • CITY’S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subCONSULTANTs), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subCONSULTANT charges. • Previous and remaining base contract amounts left in each task and total contract – total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 15th. • For grant/special funded projects there might be other special information needed, reference the LAG manual. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 SAMPLE INVOICE CITY of Auburn Invoice #: 5222 25 West Main Progress Payment #: 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement #: AG-C-010 Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 CONSULTANT Personnel Subtotal $ 749.00 Expenses (see attached documentation) Charge s Multiplier Amount Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 CONSULTANT Expenses Subtotal $ 72.49 CONSULTANT Total: $ 821.49 SUB CONSULTANTS (see attached documentation) SubCONSULTANT Hours Hourly Rate Amount ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF1,000.00 Moving Company, Moving CONSULTANT 2 $ 50.00 100.00 SubCONSULTANT Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 SubCONSULTANT Total: $ 2,860,00 DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540 TOTAL DUE THIS INVOICE $ 3,681.49 CONTRACT BREAKDOWN Task Amount Authorize d Prior Invoiced This Invoice Total Invoiced To Date % Expended % Completed Amount Remainin g Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. DocuSign Envelope ID: 356406BC-A55D-4D70-BECC-7736AE758540