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HomeMy WebLinkAboutINCA Engineers Inc AG-C-3277k, --?' t(' 9 D4.{T .1 GIPo??? AGREEMENT FOR PROFESSIONAL SERVICES AG-C-327 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and INCA Engineers, Inc, whose address is 400 112th Avenue NE, Suite 400, Bellevue, WA 98004, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31St, 2008. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The total compensation for this Agreement shall not exceed $35,000, which includes a Management Reserve Fund amount of $5,000. Expenditure of Management Reserve Funds must be authorized by the CITY as set forth in Section 4 of this Agreement for Professional Services AG-C-327 4/11/2008 Page 1 of 12 Agreement. Direct salary costs shall be paid per rates on the fee schedule shown on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit C, at the actual cost to the CONSULTANT plus 10%. Exhibit C is attached hereto and by this reference made a part of this Agreement. These charges may include, but are not limited to the following items: outside reproduction fees, courier fees, subconsultant fees, and materials and supplies. The billing for non- salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services or work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4. 4. MANAGEMENT RESERVE FUND. The CITY may'establish a Management Reserve Fund to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs, or 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 $5,000. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring Agreement for Professional Services AG-C-327 4/11/2008 Page 2 of 12 additional costs in excess of the Management Reserve Fund shall be negotiated and approved by the CITY prior to any effort being expended on such services. 5. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contractor or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. 6. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any 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, requirements of the CITY, and the requirements of the Lakehaven Utility District. 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. Agreement for Professional Services AG-C-327 4/11/2008 Page 3 of 12 Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 7. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY 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 the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. 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 provisions of this section shall survive the expiration or termination of this Agreement. 8. INDEPENDENT CONTRACTOR/ASSIGNMENT.. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided Agreement for Professional Services AG-C-327 4/11/2008 Page 4 of 12 herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 9. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall be named as an insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work Agreement for Professional Services AG-C-327 4/11/2008 Page 5 of 12 performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. If the consultant is a sole proprietor, the parties agree that Industrial Insurance would be required if the CONSULTANT had employees. However, the parties agree that a CONSULTANT who has no employees would not be required to have Worker's Compensation coverage. d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY. Any insurance, self insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT'S insurance and shall not contribute with it. b. The CONSULTANT'S insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the CITY by certified mail, return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. The CONSULTANT shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the Agreement for Professional Services AG-C-327 4/11/2008 Page 6 of 12 additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 10. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 11. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. Agreement for Professional Services AG-C-327 4/11/2008 Page 7 of 12 Reuse by the CITY of any of the drawings, computer disks, documents, records, books, specifications, reports, estimates, summaries and such other information and materials on any other unrelated project without the written permission of the CONSULTANT shall be at the CITY'S sole risk. 12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (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 "(b)" of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Agreement for Professional Services AG-C-327 4/11/2008 Page 8 of 12 Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 13. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. Agreement for Professional Services AG-C-327 4/11/2008 Page 9 of 12 14. GENERAL PROVISIONS. 14.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 14.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 14.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 14.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 14.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 14.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. Agreement for Professional Services AG-C-327 4/11/2008 Page 10 of 12 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 Sandy Glover, P.E. on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Attn: Jacob Sweeting, P.E. 25 W Main Street Auburn WA 98001 Phone: 253.804.5059 Fax: 253.931.3053 E-mail: jweeting@auburnwa.gov INCA Engineers, Inc Attn: Sandy Glover, P.E. 400 112th Avenue NE, Suite 400 Bellevue, WA 98004 Phone: 425.732.5690 Fax: 425.635.1150 E-mail s.glover@incainc.com 14.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 14.9 or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. Agreement for Professional Services AG-C-327 4/11/2008 Page 11 of 12 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. Peter B. Lewis, Mayor Date APR 2 3 2008 ATTEST: Danielle E. Daskam, City Clerk Inc BY: Federal Tax ID # `?- Agreement for Professional Services AG-C-327 4/11/2008 Page 12 of 12 APPROVED AS TO FORM: EXHIBIT A CITY OF AUBURN SCOPE OF SERVICES During the term of this AGREEMENT, INCA Engineers, Inc. (CONSULTANT) shall perform professional services for the City of Auburn (CITY) in connection with the following project: Project CP0760 Auburn Way North and 42nd Street NE Pedestrian Crossing Signal PROJECT DESCRIPTION The purpose of the Auburn Way North and 42nd Street NE Pedestrian Crossing Signal project is to prepare contract documents for the installation of a pedestrian traffic signal at a mid-block location on Auburn Way North south of the 42nd Street NE intersection. The CITY has conducted an engineering study and concluded that the proposed pedestrian signal would provide a safe crossing route for the expected pedestrian needs while minimizing impacts to traffic flow, driveway access, turning movements from 42nd Street NE onto Auburn Way North, and Metro operations. The signal will be a two-phase pedestrian actuated signal with refuge island in the median. This scope of work includes signal design. Utility coordination for traffic signal/ illumination power and as-builts, SEPA documentation preparation, and traffic refuge island and channelization design will be completed by the CITY. A State Pedestrian and Bicycle Safety grant will be used to fund this project. The design schedule is assumed to be 2-3 months. Assumptions: • The CONSULTANT shall prepare the construction plans, special provisions, and engineering estimate for all signal related elements of the project, which the CITY shall incorporate into the complete contract documents for the project. The CONSULTANT shall coordinate with the CITY and provide the necessary assistance and/or modifications for the CITY to complete the integration. • Intersection widening is not required. • The CITY will conduct utility coordination • The CITY will provide base maps in AutoCAD format with the proposed refuge island and channelization. • The CITY will prepare and obtain environmental documentation. • No open houses will be conducted. • Additional traffic counts are not required • Use worst case conditions for WSDOT table for signal pole foundation design. Geotechnical studies will not be required. Agreement for P.S. AG-C-327 Exhibit A - Scope of Services Page 1 of 6 • If required, potholing will be provided for using the management reserve fund (with prior written authorization only). • The CITY will prepare the construction drawings for the traffic refuge island and channelization. • The CITY will coordinate with PS&E for power strike for the signal system. • The CITY will assemble the final PS&E bid documents. DESIGN STANDARDS AND REFERENCES The following design standards and references are to be followed during the development of the project: • WSDOT Standard Specifications 2008 • City of Auburn Design Standards and Standard Details • Right-of-Way acquisition is not required. • City of Auburn Construction Details and Construction Standards • WSDOT Local Agency Guidelines (LAG) • WSDOT Standard Specifications for Road, Bridge and Municipal Construction • City of Auburn Standard Specifications • WSDOT Standard Plans as required • City of Auburn AutoCAD Standards - APWA • WSDOT Environmental Procedures Manual The CONSULTANT shall prepare all drawings using AutoCAD 2006. Project schedules shall be prepared using Microsoft Project (version 2002) or later, spreadsheets in Microsoft Excel (version 1997 or later), and text documents in Microsoft Word (version 1997 or later). All plans will be completed at a 10:1 scale. Full-sized plan sheets will be provided at 22"x34", and half-sized at 11 "x 17". WORK ELEMENT 1. PROJECT MANAGEMENT The CONSULTANT shall manage the project work elements to control costs, maintain schedule, and provide quality products appropriate to the goals and completion of the project. Subtasks include the following: Work Element 1.1 Project Schedule The CONSULTANT shall provide the CITY with a project schedule completed in Microsoft Project and provide updated versions as required Agreement for P.S. AG-C-327 Exhibit A - Scope of Services Page 2 of 6 Deliverable(s): • Project Schedule Work Element 1.2 Proiect Kickoff Meeting Participate in a project kickoff meeting. CONSULTANT shall work with the CITY to develop the agenda and facilitate the meeting. The CONSULTANT shall prepare and distribute the meeting notice, agenda, and minutes. Deliverable(s): • Meeting notice, agenda, and minutes Work Element 1.3 Monthly Progress Reports and Invoices Prepare and submit a monthly progress report and invoice. Earned Value reports will not be set up or submitted for this project. Deliverable(s): • Monthly Progress Reports • Monthly Invoices Work Element 1.4 Project Coordination Provide Project coordination as detailed in the sub-work elements below. Work Element 1.4.1 Team Coordination The CONSULTANT shall coordinate as required with design team members and the CITY as needed to discuss project status, elements of the work plan, and to discuss progress of the design and resolve project issues. The CONSULTANT shall coordinate with the CITY's on-going Second Phase of the ITS program, the future signal interconnect conduits, and video surveillance camera installation. Work Element 1. 4.2 Projress Meetinjzs (2 meeting) Up to two Project Management Team (PMT) meetings will be held, with additional meetings as required. The PMT will be staffed with representatives from the CITY, the CONSULTANT, and subconsultants as required. The location of the meetings will be in Auburn. A total of two (2) meetings are assumed for this scope of work. Deliverable(s): • Meeting agendas, summaries and action items Agreement for P.S. AG-C-327 Exhibit A - Scope of Services Page 3 of 6 WORK ELEMENT 2. DATA COLLECTION AND REVIEW Work Element 2.1 Review and Analyze Existing Data The CONSULTANT shall obtain, review and analyze existing data including existing street as- builts, grant application, environmental information, traffic counts and signal warrants, accident information and other information as available. WORK ELEMENT 3. UTILITY COORDINATION ASSISTANCE Work Element 3.1 Utility Coordination The CITY will obtain as-builts from the utilities. The CONSULTANT shall revise the basemap with utility information based on the as-builts and will review to consolidate with utility survey pickups completed by the CITY. The CONSULTANT shall identify potential utility impacts and eliminate or mitigate them. The CITY will coordinate with PSE for power connection for the signal/ illumination system. WORK ELEMENT 4. Conceptual Design Work Element 4.1 Conceptual Design Based on the CITY's island and channelization plans, the CONSULTANT shall prepare a conceptual design for CITY approval prior to developing the 90% submittals. The CONSULTANT shall present the conception design to the CITY at the project kick-off meeting. Deliverables: • One (1) copy of the conceptual design WORK ELEMENT 5. 90% PS&E PREPARATION The CONSULTANT shall prepare 90% Construction Plans, Specifications and Estimate for the CITY's review. The CONSULTANT shall incorporate conceptual design review comments into the 90% design. Work Element 5.190% Construction Plans Preparation The CONSULTANT shall prepare the construction Plans. The 90% plans shall include the following sheets: Agreement for P.S. AG-C-327 Exhibit A - Scope of Services Page 4 of 6 (1) Cover Sheet - Index, General Notes and Vicinity Map (prepared by the CITY and updated by the CONSULTANT) (4) Traffic Signal Plans and Details The CONSULTANT shall update the CITY prepared cover sheet, index, general notes, and vicinity map with additional CONSULTANT information related to the signal design. Work Element 5.2 90% Construction Specifications The CONSULTANT shall prepare the 90% Construction Specifications for the pedestrian signal based on the CITY boilerplate special provisions. The 90% Construction Specifications will also include applicable WSDOT amendments and GSP's. Work Element 5.3 90% Engineer's Estimate The CONSULTANT shall prepare a 90% engineer's estimate using City of Auburn standard bid items to reflect the expected construction costs for the project. The 90% estimate shall reflect the pay items and quantities as developed at the 90% stage of the project. Work Element 5.4 90% QA/QC Conduct QA/QC reviews by senior engineers. Work Element 5.5 Subsurface Utility Exploration Subsurface utility conflicts resolution may be required for signal pole foundations. If required, this work will be funded by the management reserve fund (with prior written authorization only). Deliverable(s): • Five (5) %2-size and five (5) full-size copies of the 90% Signal Construction Plans • 90% Construction Specifications in electronic format with modifications to the boilerplate tracked using "track changes" in Microsoft Word. • One (1) hard copy and one (1) electronic copy of the 90% Engineer's Estimate • Attendance by the CONSULTANT project manager and engineer at a design review meeting to discuss CITY comments • Subsurface Utility Exploration Report (with prior written authorization only) Agreement for P.S. AG-C-327 Exhibit A - Scope of Services Page 5 of 6 WORK ELEMENT 6. FINAL REVISIONS Work Element 6.1 PS&E Final Submittal The CONSULTANT shall make minor revisions to the Plans, Specifications and Estimate to incorporate the 90% review comments. The final Contract Plans will include all complete drawings with the CONSULTANT's engineering stamp, date and signature. The CONSULTANT shall prepare a final Engineer's Estimate of probable construction cost. The CONSULTANT shall not make any further changes to the documents without approval of the CITY. This effort is assumed as a minor effort to address minor plan and specification issues. Design changes are not provided for this submittal. Deliverable(s): • One (1) full-size paper copy of the Final Contract Drawings for CITY review prior to printing full-size mylar drawings • One (1) full-size (on 4 mil Mylar) copy and one (1) electronic copy (AutoCAD) of the Final Contract Drawings • One (1) electronic copy of the Final Contract Provisions for the pedestrian signal system. • One (1) hard copy and one (1) electronic copy of the Final Engineer's Estimate. • Final Construction Specifications in electronic format with modifications to the boilerplate tracked using "track changes" in Microsoft Word. • Applicable seal(s) on final Contract Specifications assembled by the CITY Agreement for P.S. AG-C-327 Exhibit A - Scope of Services Page 6 of 6 EXHIBIT B: CONSULTANT FEE SUMMARY Project: CITY OF AUBURN Auburn Way North and 42nd Street NE Pedestrian Crossing Signal INCA Engineers Fee Estimate DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Manager/Sr. Supervising Engineer 41 57.00 $2,337.00 2. Project Engineer/Senior Engineer 41 48.00 $1,968.00 3. Staff Engineer 78 38.00 $2,964.00 4. CADD / Technical Support 88 31.00 $2,728.00 5. Clerical 8 23.00 $184.00 SUBTOTAL - DSC 256 $10,181.00 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 161.00% X $10,181.00 $16,391.41 FIXED FEE (FF): FF Rate= 10% X ( $10,181.00 + $16,391.41) $2,657.24 REIMBURSABLE& Mileage (200 Miles X 0.485/mile) $97.00 Courier $80.00 Mylars $150.00 $327.00 SUBTOTAL $29,556.65 SUBCONSULTANTS $0.00 GRAND TOTAL - ESTIMATED FEE $29,556.65 Prepared By: Ming Wang, PE Date 3/18/2008 Checked By: Sandy Glover, PE, PMP Date: 3/18/2008 Agreement for P.S. AG-C-327 Exhibit B: Consultant Fee Summary EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES • Outside Reproduction Fees + 10% mark-up • Courier Fees+ 10% mark-up • Subconsultant Fees+ 10% mark-up • Materials and Supplies+ 10% mark-up • Mileage at $0.505/mile or the current approved IRS rate. Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts with other consultants, such as appraisers and/or environmental consultants, etc. If approved, the CITY shall reimburse the CONSULTANT for the actual cost of the subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead expense associated with the Subcontract. Exhibit C Agreement No. AG-C-327 Page 1 of 1 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement # (i.e.: AG-C-115). • Project number(s) listed (i.e.: PR562). • CITY'S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. • Previous and remaining base contract amounts left in each task and total contract - total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 15th. • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-327 Page 1 of 2 SAMPLE INVOICE City of Auburn 25 West Main Auburn WA 98001 Attn: Scott Nutter (Project Engineer) Agency Agreement #: AG-C-010 Invoice #: 5222 Progress Payment #: 2 Invoice Date: February 10, 2002 Project Name: Thomas Nelson Farm Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours 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 Charges 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: SUB CONSULTANTS (see attached documentation) $ 821.49 Subconsultant Hours Hourl 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 MRF 1,000.00 Moving Company, Moving Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: ---------------- TOTAL DUE THIS INVOICE r+AkITOA/•T QOCAIlP AWKI $ 2,860,00 $ 3,681.49 VV1.11\AV, ..Amount,,.. Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Completed Remaining 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 1110101 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No. AG-C-327 Page 2 of 2 A :~;;k ' ) I AMENDMENT #1 TO AGREEMENT NO. AG-C-327 BETWEEN THE CITY OF AUBURN AND INCA ENGINEERS, INC. THIS AMENDMENT is made and entered into this 31st day of December, 2008, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and INCA ENGINEERS, INC. (hereinafter referred to as the "CONSULTANT") as an Amendment to the Agreement between the parties for AG-C-327 executed on the 23rd day of April, 2008. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2009. 2. SCOPE OF WORK: There is no change to the scope of work. 3. COMPENSATION: There is no change to the amount of compensation. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-327 executed on the 23rd day of April, 2008, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. INCA ENGINEERS, INC. CITY OF A U i - By: ' orized ' nature ~~p Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: By: 6L-e/~~ Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to form: Attorney for (Other Party) Da 'el B. Au urn ity Attorney Amendment No. 1 for Agreement No. AG-C-327 INCA Engineers, Inc. Page 1 of 1 * F BUR:N Xfj # WASHINGTON February 8, 2010 Sandy Glover, P.E. INCA Engineers, Inc. 400 112th Avenue Northeast, Suite 400 Bellevue, WA 98004 RE: Agreement for Professional Services, AG-C-327 Project No. CP0760: Auburn Way North Pedestrian Crossing Dear Ms. Glover: ~'1 ~ OFqVSURl~ 1C~- r~~ ~ 9 This letter is to inform you that the above-referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on December 30, 2008 for invoice #33674 in the amount of $198.10. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by February 19, 2010. Thank you for your firm's professional services in work related to the Auburn Way North Pedestrian Crossing project. If you should have any questions, feel free to give me a call at 253-804-5059. Sincerel Jacob ting, P.E. Project Engineer Department of Public Works JS/ad/hm cc: Dani Daskam, City Clerk File, AG-C-327 File, CP0760 (1.20) Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 * www.aubumwa.gov * 253-931-3000 AT TRT TR NT * MOR E THAN YOU IMAGINEI