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HomeMy WebLinkAbout2025-0461 - - Downtown Park Final Design Agreement for Services - Berger Partnership Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 AGREEMENT FOR PROFESSIONAL SERVICES THEATER PARK DESIGN THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Washington Municipal Corporation ("CITY") and BERGER PARTNERSHIP, PS whose address is 1927 Post Alley, Ste. 2, Seattle, WA 98101, ("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, 2026. 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. AGP— Parks Theater Park Final Design Page 1 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 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. 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. The total compensation for this Agreement shall not exceed $98,000.00. 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. 4. 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. AGP— Parks Theater Park Final Design Page 2 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 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. 5. 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 planning, architectural or 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. 6. 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 acts, errors, or omissions of the CONSULTANT, its employees, agents, AGP— Parks Theater Park Final Design Page 3 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 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. 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. 7. 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. 8. 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 AGP— Parks Theater Park Final Design Page 4 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 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 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. AGP— Parks Theater Park Final Design Page 5 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 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 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 AGP— Parks Theater Park Final Design Page 6 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. 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. 9. 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. 10. 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 AGP— Parks Theater Park Final Design Page 7 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 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 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. 11. 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. AGP— Parks Theater Park Final Design Page 8 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 12. 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; (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. 13. GENERAL PROVISIONS. 13.1. 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. AGP— Parks Theater Park Final Design Page 9 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 13.2. 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. 13.3. 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. 13.4. 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. 13.5. 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. 13.6. All costs of enforcement, including reasonable attorney's fees, expenses and court costs shall be paid to the substantially prevailing party. 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Guy Michaelson 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: AGP— Parks Theater Park Final Design Page 10 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 City of Auburn Berger Partnership Attn: Thaniel Gouk Attn: Guy Michaelson 25 W Main Street 1927 Post Alley, Ste. 2 Auburn WA 98001 Seattle, WA 98101 Phone: 253-931-4011 Phone: 206-325-6877 E-mail: tgouk(c�auburnwa.gov E-mail: quvm(c�bergerpartnership.com 13.10. 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. 13.11. 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. CITY OF AUBURN [—,,DocuSigned by: ,t4 Nancy Backus, Mayor Date 10/14/2025 APPROVED AS TO FORM: [—Signed by: aeEa4136es^I'0•2^ Paul Byrne, Deputy City Attorney Berger Partnership BY: ro ss any Gw.lM.ic" lsaw Title: Principal Federal Tax ID # Date: 10/10/2025 AGP—Parks Theater Park Final Design Page 11 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 EXHIBIT A SCOPE OF WORK AGP—Parks Theater Park Final Design Page 12 of 18 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 PARTNERSHIP 09.10.25/revised 10.01.25 Lerger Thaniel Gouk Parks,Arts and Recreation City of Auburn Proposal for Landscape Architectural Services—Auburn Arts Park Dear Thaniel: We look forward to our collaboration on the Auburn Arts Park.This proposal builds on the schematic plan previously prepared and includes development of the design and preparation of construction documents,as well as construction support. Our work will be prepared in collaboration with city staff and projects as well as the civil engineer, Otak,and the artist,John Flemming.We will focus on the pedestrian hardscapes and landscape and lend our design perspective on grading and drainage led by the engineer. Specifics on the scope of services and fee follow. Park Program The elements to be included in the park based on the approved preferred plan include: • Gathering space and pedestrian walkways • Green space that aligns with the CFT requirement of 85%green space. • Incorporation of artist designed elements. • Walkway lighting • Integration of stormwater management facilities • Site furnishings • Planting and lawn DD&60%Design (+/-8 weeks,anticipated completion +/- 11.14.2025) Based on the established character for the park we will determine the materials,and establish layout and location of all park features.We will proceed with the preparation of plans and draft specifications. Regulatory Code and Permit Review • Review the project for code compliance and note or realign the design as necessary. • Compile list of required permits. Review permit requirements and duration of permit approval process and add to project schedule. Landscape Architecture Berger Partnership P5 206 325 6877 Urban Desi n 1927 Post Alley,Ste.2 bergerpartnership.com g Seattle,WA 98101 Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 9.10.25/revised 10.01.25 ThanielGouk PARTNERSHIP City of Auburn e rge r Proposal for Landscape Architectural Services Auburn Arts Park Page 2 of 6 Schedule • Confirm a project schedule including dates for document review, permit submittal, DD phase,CD phase, bidding,and construction. General • Prepare a drawing set that locates and describes the improvements. Drawing set to include: Layout Plans Planting Plan Landscape Design Details • Coordinate with project artist for inclusion of site based needs of art. • Coordinate with civil engineer on grading and drainage. • Diagrammatic lighting concept plan to support lighting design development by others • Review city standard general conditions. Provide input as necessary • Prepare outline specifications in CSI format. • Submit plans and written materials for review. • Respond to review comments;revise plans,specifications,and cost estimates as required. • Prepare one 60%Design cost estimate. • Meetings: Attend up to 4 meetings of 1-2 hours with Parks staff and the design team. Attend up to 2 meetings of 1-2 hours for art review&coordination. • Provide project administration. Deliverables • 60%Design Documents • Outline Specifications • 60%Design Cost Estimate Permitting/Approvals We will provide the services necessary for obtaining approvals for landscape elements for construction. Permits may include clearing and grading and building permits. • Building Permits • Site Development Specific services include: • Prepare documents for submittal review and approval including notes and calculations. • Assist with necessary forms and paperwork for permit submittal. Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 9.10.25/revised 10.01.25 ThanielGouk PARTNERSHIP City of Auburn La e rg e r Proposal for Landscape Architectural Services—Auburn Arts Park Page 3 of 6 • Review comments and provide written responses and plan revisions.Two rounds of response and revision time for permitting is limited to 12 hours.Additional time will be billed on an hourly basis. Deliverables • Permit Documents 90%and 100%Design (+/-6 weeks,anticipated completion+/-12.19.2025) Upon approval from Parks,Construction Documents will be prepared.Specific services include the following: • Respond to comments on the 60%Design documents. • Prepare a drawing set that locates and describes the improvements.Drawing set to include: Material&Layout Plans Landscape Construction Details Planting Plan Planting Details and Schedules • Prepare Construction Specifications in CSI format with city standard general conditions. CSI documents will be a special provision to the city standard. • Submit draft Construction Documents and meet with Parks staff to review plans and specifications. • Respond to review comments;revise plans,specifications,and cost estimates as required. • Artist coordination. • Civil and architectural coordination. • Review of lighting concepts prepared by others. • Prepare an update of the cost estimate. • Meetings: o Attend up to 3 meetings of 1-2 hours with Parks staff and the design team. o Attend up to 2 meetings of 1-2 hours for art review&coordination. • Provide project management&administration. Deliverables • 90%Documents • 90%Design-Construction Documents • Specifications • 90%Design-Construction Cost Estimate • 100%Documents • 100%Design Construction Documents and Estimate Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 9.10.25/revised 10.01.25 ThanielGouk PARTNERSHIP City of Auburn La e rg e r Proposal for Landscape Architectural Services—Auburn Arts Park Page 4 of 6 Bid Administration We will provide the following support services during the bidding and negotiation of the site work. • Bid Documents incorporating any final comments from 100%Drawings. • Review and respond to bidder questions. • Prepare bid addenda,if required. Construction Administration(Option Additional Service) We will make visits to the project site to observe construction of the elements in our scope of work as follows: • Attend preconstruction meeting • Conduct reviews of contractor work and progress.Site reviews are limited to up to 6 progress review visits. Additional site visits will be billed on an hourly basis. • Prepare observation notes addressing work in need of correction. • Review and respond to RFI's,submittals,and shop drawings. • Conduct walk-through,prepare punchlist,and confirm substantial completion. • Conduct back check of punchlist and confirm physical completion. • Review contractor as-builts. • Obtain maintenance manuals,operating manuals,equipment brochures,and material brochures from contractor. • Provide project administration. Deliverables • Construction meeting notes within two days of meeting • Obtain three copies of maintenance manuals from the contractor and provide within two weeks of final acceptance. • Contractor as-builts Assumptions • Irrigation design is to be done by others. • Specifications will be prepared in CSI format and included with city standard as a special provision. • We will support the bid process led by the city and will follow established protocols utilizing established forms and standards.The city will advertise the project for bid. • Meetings and site visits in addition to those indicated will be billed on an hourly basis. • Geotechnical engineering services are not included at this time.If they are discovered to be necessary,we will obtain a proposal for approval prior to proceeding. Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 9.10.25/revised 10.01.25 ThanielGouk PARTNERSHIP City of Auburn La e rg e r Proposal for Landscape Architectural Services—Auburn Arts Park Page 5 of 6 • Site utilities:Water and electricity are available on site or in the right of way adjacent to the site.Stormwater will be treated on site prior to release. • Fees for permits and bid announcements will be paid by the City of Auburn and are not included. • The city will prepare and negotiate contracts with the successful lowest responsible bidder. • Construction testing services will be provided by the City of Auburn. • Construction duration is assumed to be 6-8 months.Fees for services beyond this duration will be provided on an hourly basis or by approved scope and fee. • Site information in the form of a topographic/boundary survey will be provided by the City of Auburn or Otak. • Meetings in addition to those indicated will be billed on an hourly basis. Fees Based on the scope of services identified at this time,we have established a fee for landscape architectural services as follows: Design&Permitting DD&60%Design $42,000.00 Permitting $4,000.00 90%and 100%Design $47,000.00 Bid&Construction Support Bid Administration $5,000.00 OVERALL TOTAL $98,000.00 Reimbursable Expenses $1,500.00 Optional Additional Services Construction Administration $29,200.00 Fees will be billed monthly based upon the percentage of work completed.Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows,or lump sum fees can be negotiated: Principal $245.00 per hour Associate $200.00 per hour Project Manager $170.00 per hour Landscape Architectural Staff $140.00 per hour Administrative Staff $125.00 per hour Docusign Envelope ID:44703BDB-7115-4CB9-8A95-4C4D94F11979 9.10.25/revised 10.01.25 ThanielGouk umE N PARTRSHIP City of Auburn Lid e rg e r Proposal for Landscape Architectural Services—Auburn Arts Park Page 6 of 6 Printing,reprographic expenses,CAD plots,travel costs,and other reimbursable expenses will be billed at cost plus a 10%administrative mark-up and are included in the proposed fee.All accounts are due in ten days.Invoices not paid within 30 days of invoice date will be subject to late charges of 1%per month.If payment for services is not received within 90 days of the invoice date,all subsequent services and/or issuance of documents may be postponed until receipt of payment, unless special arrangements are made prior to providing the services. If you have questions,would like more information,or wish to make any modifications,please do not hesitate to contact us.We are looking forward to our continuing work on Auburn Arts Park. Sincerely, Berger Partnership PS • Guy Michaelson,PIA Principal