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HomeMy WebLinkAbout05-19-2003 Item VIII-B-1CITY OF .. . . . WASHINGTON �_ AGENDA BILL APPROVAL FORM Agenda Subject Date: Resolution No. 3599 Aril 15, 2003 Department: Attachments: Budget Impact: Plan nin /Air ort Resolution No. 3599 Administrative Recommendation: City Council adopt Resolution No 3599. Background Summarv: Consultant Selection Process The City has regular need of consulting engineering services for planning and construction projects at Auburn Municipal Airport. Projects included preparation of the Airport Master Plan and various projects including preparation of the north hangar area, construction of the 40 new municipal hangars and the upcoming runway pavement rehabilitation program. With the exception of the hangar construction project, each represents a major investment by the FAA and less frequently the Washington State DOT. The FAA's process provides for the selection of an engineering firm and it's utilization for three-year periods as projects arise. Each project would have an individual contract for services with the firm; however, the three-year period avoids the need for seeking a new firm each time. Each project contract and related grant acceptance is approved by the Municipal Services Committee and Council. W & H Pacific has supported the Airport in this role in recent years. Due to the end of the previous three- year cycle, the City solicited Requests for Qualifications from several firms having expertise in this area and received three detailed responses (attached) from W & H, Reid Middleton and Washington Engineering. As per the adopted process, the proposals were reviewed by representatives of Planning L0519-3 03.4.1.5 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Airport ❑ Human Resources ❑ Hearing Examiner ❑ Finance ❑ Building ❑ M&O ❑ Human services ❑ Municipal Serv. ❑ cemeter Y ❑ Mayor ❑ LibraryBoard ❑Planning & CD ❑ Finance ❑ Parks ❑ Park Board ❑ Public Works ❑ Planning Comm. ❑ Other ❑ Fire ❑ Planning ❑ Legal ❑ Police ❑ Public Works Action; Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑ No Call for Public Hearing Referred to Until Tabled Until Councilmember: Singer Staff: Krauss Meeting Date: Mav 19, 2003 Item Number: VIII.B.1 AUBUM * MORE THAN YOU IMAGINED Agenda Subject Resolution No. 3599 Date: April 15, 2003 and Engineering Departments. Staff concluded that both W & H Pacific and Reid Middleton had strong proposals. Staff ultimately chose to continue the relationship with W & H Pacific with that firm's past experience, familiarity of their staff and strong past working relationship with the City being the deciding factors. Staff brought this choice before the Municipal Services Committee on March 17, 2003. In discussions with the City Attorney, we concluded that formal action by the full Council was not required at that time since it will approve contracts for each project. The Committee agreed with staff's recommendation to select W&H Pacific. Runway Rehabilitation Project The runway at Auburn Municipal is showing sign's of deterioration due to age, possibly exacerbated by the Nisqually Earthquake. There are a series of significant cracks, surface pavement is deteriorated there is a sunken area possibly showing sub -grade problems, where the runway was extended about 20 years ago. The FAA has authorized grant funds to undertake a major repair/rehabilitation project. Total costs are projected to be approximately $0.5 million with the FAA paying 90% of the costs. The City has budgeted for the local 10% share. The project will include pavement testing, sub -grade testing, repairs to the sub -grade, repairs to runway lights, pavement grinding, re -surfacing, a displaced threshold to support a GPS approach and, funding permitting, an expanded run-up area near the north threshold. Much of the work will be done in the evenings to minimize disruptions to operations. The final paving will require closure for up to 48 hours. W&H has proposed a contract for not to exceed $118,000 (plus up to $5000 for listed optional services) for their services which includes, design, testing, bidding and contract management. In accordance with FAA grant protocol, the project was reviewed by Reid Middleton, another engineering firm offering services in this area. They prepared a project estimate that came in with a similar number. Staff recommends City Council approve Resolution No. 3599 approving a contract for design and construction management services with W&H Pacific, be approved. RES 3599 Page 2 of 2 Reid Middleton April 1, 2003 File No. 23-03-007-001-01 Paul Krauss Planning Director City of Auburn 25 West Main Street Auburn, WA 98001-4998 Subject: 2003 Auburn Airport Runway Improvements, Independent Estimate Dear Paul, I have enclosed a copy of the spreadsheets that I e-mailed to you earlier today. Please call if you have any questions or comments. Sincerely, Reid Middleton, Inc. Reinhart Jung; P.E. Director, Airport Group sjs\23\03\007\corresp\Ind Est.doc Enclosures Washington Oregon Alaska Reid Middleton, Inc. 728134th Street SW Suite 200 Everett, WA 98204 Ph: 425 741-3800 Fax: 425 741-3900 Exhibit D -I Consultant Fee Determination - Summary Sheet Fee Schedule PROJECT TITLE: AUBURN MUNICIPAL AIRPORT - 2003 RUNWAY IMPROVEMENTS I -Apr -03 CLIENT: CITY OF AUBURN PHASE: DESIGN PHASE SERVICES JOB NUMBER: 2 LABOR: Task/ Sheet # Task (Scope of Services) Project Civil Designer/ Principal Manager Engineer Surveyor 150.00 120.00 95.00 85.00 Technician 75.00 Project Survey Coord. Clerical Crew 0.00 60.00 130.00 0.00 Total Hours Labor Cost I Predesign Meeting & Scoping 2 16 16 Item Quantity Unit 2 36 3,860.00 2 Project Management and Administration 8 24 16 325.00 Per Diem 4 52 5,840.00 3 Topo Survey and Basemapping Plotting/Printing 6 40.00 24 1760.00 1 40 71 8,020.00 4 Geotechnical Investigation 2,085.00 2 Geotechnical Subconsultant 2 240.00 5 Pavement Analysis & Design 8 16 8 Amount Markup 32 3,160.00 6 SEPA/NEPA Information 9,000.00 8 8 Electrical Subconsultant 2 18 1,840.00 7 Prepare and Submit DBE Plan 16 18,700.00 16 1,920.00 8 Preliminary Construction Plans Cover Sheet 1 4 4 16 25 2,210.00 Construction Site Plan 1 4 8 16 29 2,590.00 Construction Safety/Phasing Plan 1 4 8 16 29 2,590.00 Temporary Erosion Control Plan 1 4 8 16 29 2,590.00 Runway 16-34 Plan & Profile (i"=50') 1 4 12 16 20 53 4,630.00 Runway 16-34 Plan & Profile (1"=59) 1 4 12 16 20 53 4,630.00 Runway 16-34 Plan & Profile (1"=50') 1 4 12 16 20 53 4,630.00 Hold Apron Expansion Plan (1"=50') 1 4 12 16 20 53 4,630.00 Typical Sections and Civil Details 1 4 12 16 20 53 4,630.00 Runway Marking Plans and Threshold Lighting Plan 1 4 12 4 20 41 3,610.00 4 Electrical One -Line Diagram 2 Electrical Subconsultant 2 240.00 4 Electrical Details 2 Electrical Subconsultant 2 240.00 9 Preliminary Contract Docs & Technical Specs I 8 40 0 16 16 81 7,070.00 10 Construction Phasing Plan 1 8 8 8 25 2,470.00 11 Preliminary Cost Estimates 1 4 8 8 21 2,070.00 12 Engineer's Design Report 1 4 16 8 8 37 3,310.00 13 Distribute & Review Preliminary Documents 1 2 8 8 4 23 2,070.00 14 Finalize Plans, Specs, Const Docs & Estimates I 2 8 16 16 8 51 4,190.00 15 TCH Calculations 1 8 9 1,110.00 16 Final Submittal & Approval 1 4 8 13 1,210.00 17 Publish Contract Documents 2 4 4 4 14 1,200.00 Labor Subtotal 28 162 252 168 224 0 49 40 0 923 86,800.00 TOTAL LABOR 86,800.00 EXPENSES: Cost Expenses Item Quantity Unit per Unit Markup Cost Mileage 1000 Miles 0.33 1.0 325.00 Per Diem 0 Day 0.00 1.0 0.00 Plotting/Printing 40 Each 40.00 1.1 1760.00 TOTAL EXPENSES 2,085.00 SUBCONSULTANTS: Subcontract Subcon. Amount Markup Cost Geotechnical Subconsultant 9,000.00 1.1 9,900.00 Electrical Subconsultant 8,000.00 1.1 8,800.00 TOTAL SUBCONSULTANTS 18,700.00 Total - Labor 86,800.0 Total- Expenses 2,085.0 "otal - Subconsultants 18,700.0 TOTAL - DESIGN PHASE SERVICES 107,585.0 Exhibit D-2 Consultant Fee Determination - Summary Sheet Fee Schedule PROJECT TITLE: AUBURN MUNICIPAL AIRPORT - 2003 RUNWAY IMPROVEMENTS 1 -Apr -03 CLIENT: CITY OF AUBURN PHASE: CONSTRUCTION PHASE SERVICES JOB NUMBER: LABOR: Subcon. Amount Markup Cost Testing Subconsultant 14,750.00 1.1 16,225.00 Electrical Subconsultant 960.00 1.1 Cost TOTAL SUBCONSULTANTS Expenses Project Civil Designer/ Project Survey Cost Mileage Task Principal Manager Engineer Surveyor Technician Coord. Clerical Crew Total Labor No. Task (Scope of Services) 150.00 120.00 95.00 85.00 75.00 0.00 60.00 0.00 0.00 Hans Cost 1 Project Management 4 8 8 20 2,320.00 2 Assistance & Addenda 2 8 10 1,260.00 3 Pre -Bid Conference and Bid Opening 2 12 0 14 1,740.00 4 Prepare FAA Grant Application Package 1 4 8 13 1,390.00 5 Review Contracts 1 4 5 630.00 6 Prepare Construction Management Plan 1 4 8 13 1,390.00 7 Pre -Construction Conference 1 8 8 17 1,870.00 8 Review Submittals 1 8 4 13 1,490.00 9 Construction Administration 8 48 16 16 88 9,440.00 10 Resident Engineering 100 100 9,500.00 11 Construction Testing Testing Subconsultant 12 Final Inspection 8 8 16 1,720.00 13 Prepare Record Drawings 2 4 8 8 40 62 5,220.00 14 Final Report, 5010, PSS 4 16 20 4 44 4,760.00 Labor Subtotal 27 132 188 12 40 0 16 0 0 415 42,730.00 TOTAL LABOR 42,730.00 EXPENSES: Subcon. Amount Markup Cost Testing Subconsultant 14,750.00 1.1 16,225.00 Electrical Subconsultant 960.00 1.1 Cost TOTAL SUBCONSULTANTS Expenses Item Quantity Unit per Unit Markup Cost Mileage 900 Miles 0.33 1.0 292.50 Per Diem 0 Day 0.00 1.0 0.00 Plotting/Printing I Each 100.00 1.1 110.00 TOTAL EXPENSES 402.50 SUBCONSULTANTS: Subcontract Subcon. Amount Markup Cost Testing Subconsultant 14,750.00 1.1 16,225.00 Electrical Subconsultant 960.00 1.1 1,056.00 TOTAL SUBCONSULTANTS 17,281.00 Total - Labor 42,730.00 Total- Expenses 402.50 Total - Subconsultants 17,281.00 TOTAL - CONSTRUCTION PHASE SERVICES 60,413.50 Exhibit D-2 Consultant Fee Determination - Swurnary Sheet Fee Schedule PROJECT TITLE: AUBURN MUNICIPAL AIRPORT - 2003 RUNWAY IMPROVEMENTS 1 -Apr -03 CLIENT: CITY OF AUBURN PHASE: OPTIONAL SERVICES JOB NUMBER: LABOR: Project Civil Designer/ Project Survey Task Principal Manager Engineer Surveyor Technician Coord. Clerical Crew Total Labor No. Task (Scope of Services) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 Hours Cost I Oprtional Services 0 0 0 0 0 0 0 0 0 0 5,000.00 Labor Subtotal 0 0 0 0 0 0 0 0 0 0 5,000.00 TOTAL LABOR 5,000.00 TOTAL - OPTIONAL SERVICES 5,000,00 RESOLUTION NO. 3 5 9 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND W&H PACIFIC, INC. FOR ENGINEERING SERVICES AT THE AUBURN MUNICIPAL AIRPORT WHEREAS, the City of Auburn is engaged in various municipal functions, including the Auburn Municipal Airport; and WHEREAS, in order to provide for such services, it is appropriate that the City consults engineering services for planning and construction projects at the Auburn Municipal Airport; and WHEREAS, in order to provide for those services, the City has negotiated a contract with W&H Pacific, Inc. for such services, and the City has determined that W&H Pacific, Inc. is able and qualified to provide the services necessary, at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and the City Clerk are authorized to execute an agreement in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution 3599 April 14, 2003 Page 1 Dated and Signed this day of , 2003. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: j. r aniel B. Heid, City Attorney Resolution 3599 April 14, 2003 Page 2 ENGINEERING SERVICE CONTRACT FOR AUBURN MUNICIPAL AIRPORT 2003 RUNWAY IMPROVEMENTS THIS IS AN AGREEMENT made this day of 2003 BETWEEN: CITY OF AUBURN, hereinafter called OWNER. 25 West Main Auburn, WA 98001-4998 253.931.3090 AND: W&H PACIFIC, INC., hereinafter called ENGINEER. 3350 Monte Villa Parkway Bothell, Washington 98021 425.951.4800 OWNER proposes improvements to the Auburn Municipal Airport as described in the attached Exhibit "A", hereinafter called the Project. OWNER has requested Airport Improvement Program (AIP) funds from the Federal Aviation Administration (FAA). ENGINEER shall provide engineering services for OWNER in all phases of the Project to which this Agreement applies, serve as OWNER's engineering representative for the Project as set forth below and shall give engineering consultation and advice to OWNER during the performance of services hereunder. ENGINEER shall represent the OWNER in coordinating and overseeing the work of subcontractors and shall review and make recommendations to OWNER for the acceptability and quality of work provided in accordance with this agreement; however, ENGINEER is not responsible for the acceptability of said work. In consideration of the mutual covenants contained herein, OWNER and ENGINEER agree in respect of the performance of engineering services by ENGINEER and the payment for those services by OWNER as follows: I:\PROJECTS\CITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC 1. Scope of Services ENGINEER will perform services as follows: a. SPECIFIED SERVICES ENGINEER will perform the services described in the attached Exhibit "A". These Exhibit "A" services are referred to herein as Specified Services. b. EXTRA SERVICES ENGINEER will also perform Extra Services (services not specified in Exhibit "A"), provided ENGINEER and OWNER have agreed to such Extra Services in writing. 2. Time Period for Performance of Specified Services ENGINEER shall commence Specified Services within seven (7) days of receipt by ENGINEER of this executed agreement and will proceed with services in a diligent manner to completion of this Contract. ENGINEER will not be responsible for delays caused by factors beyond ENGINEER's control and will not be responsible for delays caused by factors which could not reasonably have been foreseen at the time this Agreement was executed. The OWNER will authorize extensions of time without penalty to the ENGINEER, if there are delays due to revisions beyond the control of the ENGINEER. The anticipated project schedule is shown in Exhibit "D". 3. Payments to ENGINEER OWNER agrees to pay ENGINEER as follows: a. FEE FOR SPECIFIED SERVICES The fee amount OWNER agrees to pay ENGINEER for Specified Services rendered under this Agreement is as follows: 1. For Design Phase Services as set forth in Exhibit "A", in accordance with the attached rate schedule marked Exhibit "B", an amount not to exceed $74,916.80. 2. For Construction Phase Services as set forth in Exhibit "A", in accordance with the attached rate schedule marked Exhibit "B", an amount not to exceed $43,088.40. 3. For Optional Services as set forth in Exhibit "A", in accordance with the attached rate schedule marked Exhibit "B", an amount not to exceed $5,000.00. b. FEE FOR EXTRA SERVICES For Extra Services rendered under this Agreement, OWNER agrees to pay ENGINEER an amount to be negotiated at the time said E)tra Services are agreed to. C. TERMS OF PAYMENTS ENGINEER will periodically submit invoices for ENGINEER's unbilled Specified Services actually completed, and for unbilled Extra Services actually completed. ENGINEER will submit a brief status/progress report and request for reimbursement form with each invoice I:\PROJECTS\CITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC in support of the billing and for review and approval by FAA. OWNER agrees to pay the invoiced amounts on or before the end of the following month after submission. d. FEE ADJUSTMENT FOR DELAYS In the event the completion of Specified Services under this Agreement is delayed beyond December 31, 2003, through no fault of ENGINEER, the fee amounts and rates due ENGINEER can be evaluated and adjusted for increased costs prior to the ENGINEER continuing with services beyond the above said date. Said adjustments shall be negotiated and agreed upon by the OWNER. e. PAYMENTS IN EVENT OF TERMINATION In the event this Agreement is terminated, ENGINEER will be compensated for services performed under this Agreement to the date of termination. The amount of compensation will be based on the ENGINEER's actual labor and expenses incurred to date and agreed upon by the OWNER and ENGINEER. f. NEW. ADDITIONAL OR RETROACTIVE TAXES Since the ENGINEER's costs can be adversely affected through the application of new, additional or retroactive taxes or charges (for example, a sales tax on professional services), the amount due to the ENGINEER shall be increased equitably to compensate for any additional taxation rendered, or on products delivered by the ENGINEER. 4. OWNER -Furnished Data OWNER shall make available to ENGINEER all technical data that is in OWNER's possession including maps, surveys, property descriptions, borings, and other information required by ENGINEER and relating to ENGINEER's services under this Agreement. 5. ENGINEER -Furnished Data ENGINEER shall provide to the OWNER at the completion of the project all maps, plats, drawings or record drawings, and such other reasonable and appropriate information that the OWNER shall specifically request. 6. Approvals by OWNER OWNER agrees to cooperate with the ENGINEER in the approval of all plans and specifications or, should OWNER disapprove of any part of said plans and specifications, OWNER shall make a timely decision in order that no undue expense will be caused ENGINEER because of lack of decisions. If the ENGINEER is caused extra drafting or other expenses due to changes ordered by OWNER after the completion and approval of the plans and text, ENGINEER shall be equitably paid for such extra expenses and services involved. I:\PROJECTSICITY OF AUBURN\000000 BD EF FORTS\2003AI RPORTI MPROVEMENTS\2003AUBURNCONTRACT.DOC 7. Publishing Costs OWNER shall pay publishing costs for advertisements of notices, public hearings, requests for bids and other similar items. 8. Permits, Licenses, Land, Easements and Right -of -Way OWNER shall pay fees for all permits and licenses that may be required by local, state, or federal authorities; OWNER shall secure the necessary land, easements and rights-of-way required for the Project. 9. Inspection of Records The ENGINEER shall maintain an acceptable cost accounting system. The OWNER, the Federal Aviation Administration, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the ENGINEER which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The ENGINEER shall maintain all required records for three (3) years after the OWNER makes final payment and all other pending matters are closed. 10. Rights to Inventions All rights to inventions and materials generated under this Contract are subject to regulations issued by the FAA and the sponsor of the Federal grant under which this Contract is executed. Information regarding these rights is available from the FAA and the OWNER. 11. Compliance with Laws and Regulations The ENGINEER agrees to comply with local laws, state laws, and Federal Executive Order No. 11246, entitled "Equal Employment Opportunity', as supplemented in Department of Labor regulations (41 CFR, Part 60) if this Agreement exceeds $10,000; Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 317-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5) if this Agreement exceeds $2,500; and all applicable standards, orders and regulations issued pursuant to the Clean Air Act of 1970 if this Agreement exceeds $100,000. 12. Certification of ENGINEER OWNER and ENGINEER hereby certifythat ENGINEER has not been required, directlyor indirectly, as an express or implied condition in connection with obtaining or carrying out this Contract, to 19PROJECTS\CITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC employ or retain, or agree to employ or retain, any firm or persons, or to pay, or agree to pay, to any firm, person, or organization any fee, contribution, donation or consideration of any kind. The key personnel to work on this project are shown in Exhibit "C". 13. FAA Not a Party It is understood by OWNER and ENGINEER that the FAA is not a party of this Agreement and will not be responsible for engineering costs except as should be agreed upon by OWNER and the FAA under a Grant Agreement for the Project. 14. Termination of Contract for Cause a. The OWNER or ENGINEER may terminate this Contract at any time after giving seven (7) days' written notice via certified or registered mail to the other party. The date of such termination shall be the date that the notice is deposited in the mail. In the event of termination, all unfinished material and unfinished documents and other materials shall, at the option of the OWNER, become its property. If the Contract is terminated by the OWNER, as provided herein, the CONSULTANT shall be entitled to receive compensation for services performed prior to the date of termination. The amount of compensation will be based upon the ENGINEER's actual labor and expenses incurred to the date of termination and agreed upon by both parties. b. If the termination is for the convenience of the OWNER, an equitable adjustment in the Contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. In addition, OWNER will pay for all closure costs incurred by ENGINEER. C. If the termination is due to failure to fulfill the ENGINEER's obligations, the OWNER may take over the work and prosecute the same to completion by contract or otherwise. In such case, the ENGINEER shall be liable to the OWNER for any additional cost occasioned to the OWNER thereby. d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the ENGINEER had not so failed, the termination shall be deemed to have been effected forthe convenience of the OWNER. In such event, adjustment in the Contract price shall be made as provided in Paragraph "b" of this clause. 15. Breach of Contract Terms - Sanctions Any violation or breach of the terms of this Contract on the part of the ENGINEER or subconsultant may result in the suspension or termination of this Contract or such other action which may be necessary to enforce the rights of the parties of this agreement. I:\PROJECTS\CITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC 16. Suspension and Debarment Requirements The bidder/offeror certifies, by submission of this proposal, or acceptance of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 17. Successors OWNER and ENGINEER each bind themselves, their partners, successors, executors, administrators and assigns to the other parties of this Agreement, and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. 18. Non -Assignment Neither OWNER nor ENGINEER shall assign, sublet, ortransfer its interest orobligation hereunder in this Agreement without the written consent of the other. ENGINEER may with OWNER's concurrence, however, employ any other party or entity qualified to do airport work for any part of the work required to be performed by ENGINEER under the terms of this agreement. 19. Waiver No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term, or condition itself. 20. Contract Disputes Claims, disputes or other matters in question between the parties arising out of or relating to this Agreement or breach thereof shall be resolved through mediation, if possible. If the differences cannot be resolved satisfactorily through mediation, then arbitration, in accordance with the rules of the American Arbitration Association, may be used to resolve the dispute, if agreed to by both parties. 21. Litigation Fees and Expenses In the event suit or action be instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed I:\PROJECTS\CITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC by statutes, such sum as the court may adjudge reasonable as attorney's fees in such suitor action, in both trial court and appellate courts. 22. Indemnification/Hold Harmless The ENGINEER shall indemnify and hold the OWNER 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 form the ENGINEER's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the ENGINEER to indemnify the OWNER against and hold harmless the OWNER from claims, demands or suits based solely upon the conduct of the OWNER, 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 ENGINEER's agents or employees and (b) the OWNER, their agents officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the OWNER of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the ENGINEER's negligence or the negligence of the ENGINEER's agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. 23. Title VI assurances During the performance of this Contract, the ENGINEER, for itself, its assignees and successors in interest (hereinafter referred to as the "ENGINEER") agrees as follows: a. COMPLIANCE WITH REGULATIONS The ENGINEER shall comply with the Regulations relative to nondiscrimination in federally - assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. b. NONDISCRIMINATION The ENGINEER, with regard to the work performed by it during this Contract, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The ENGINEER shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix "B" of the Regulations. C. SOLICITATIONS FOR SUBCONTRACTS INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT IAPROJECTS\CITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTI MPROVEMENTS0003AUBURNCONTRACT.DOC In all solicitations either by competitive bidding or negotiations made by the ENGINEER for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by ENGINEER of the ENGINEER's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of sex, race, color or national origin. d. INFORMATION AND REPORTS The ENGINEER shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the OWNER or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the ENGINEER is in the exclusive possession of another who fails or refuses to furnish this information, the ENGINEER shall so certify to the OWNER or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. e. SANCTIONS FOR NONCOMPLIANCE In the event of the ENGINEER's non-compliance with the nondiscrimination provisions of this Contract, the OWNER shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (a) withholding of payments to the ENGINEER under the Contract until the ENGINEER complies, and/or (b) cancellation, termination, or suspension of the Contract, in whole or in part. f. INCORPORATION OF PROVISIONS The ENGINEER shall include the provisions of Paragraphs "a" through "e" in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The ENGINEER shall take such action with respect to any subcontract or procurement as the OWNER or FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance. It is provided, however, that in the event the ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the ENGINEER may request the OWNER to enter into such litigation to protect the interests of the OWNER and, in addition, the ENGINEER may request the United States to enter into such litigation to protect the interests of the United States. I:\PROJECTS\CITY OF AUBURN1000000 BD EF FORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC 24. Disadvantaged Business Enterprise (DBE) Assurances a. POLICY It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. b. DBE OBLIGATION The ENGINEER agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, ENGINEER shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. ENGINEER shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. 25. Trade Restriction Clauses The ENGINEER or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation I:\PROJECTSICITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC Administration may direct through the OWNER cancellation of the Contract at no cost to the Government. Further, the ENGINEER agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The ENGINEER may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The ENGINEER shall provide immediate written notice to the OWNER if the ENGINEER learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the ENGINEER if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the ENGINEER or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the OWNER cancellation of the Contract or subcontract for default at no cost to the Go\,ernment Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 26. Governing Law This Agreement shall be governed by the laws of the State of Washington in effect at the time this Contract is signed. 27. Insurance The ENGINEER agrees to obtain and maintain during the effective term of this Contract a comprehensive general single limit liability insurance policy in the amount of One Million and 00/100 Dollars ($1,000,000) on a per occurrence and in the aggregate basis which shall cover claims for I:\PROJECTS\CITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC injuries to persons or property arising out of work performed under this Contract, other than for professional errors and omissions. The OWNER.shall be named as an additional insured on the comprehensive general liability insurance policy. The ENGINEER shall also maintain insurance for other claims or damages on account of negligent acts, errors, or omissions, in the minimum amount of One Million and 00/100 Dollars ($1,000,000) on a per claim and in the aggregate basis Both of the above policies shall contain a provision that they shall not be canceled without at least thirty (30) days prior written notice to the OWNER. The ENGINEER agrees to submit to the OWNER the Certificates of Insurance for the policies required herein prior to commencing work under this Contract. 28. Ownership of Records and Documents The ENGINEER agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the ENGINEER may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the ENGINEER, shall belong to and shall remain the property of the OWNER. In addition, the ENGINEER 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 ENGINEER further agrees that the OWNER may inspect any and all documents held by the ENGINEER and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The ENGINEER also agrees to provide to the OWNER, at the OWNER's request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the OWNER under the terms of this Agreement. Reuse by the OWNER of any of the drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and other such information and materials on extensions of this project or any other project without the written permission of the ENGINEER shall be at the OWNER's sole risk. I:\PROJECTS\CITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. OWNER: CITY OF AUBURN By: Title: Date: ATTESTED TO: By: Title: Date: APP OV A O Owner's Attome Date: ENGINEER: W&H PACIFIC, INC. By.4%v��' Title: Date: Title: pi,Qz=-c7-cA Date: I:\PROJECTS\CITY OF AUBURN\000000 BD EFFORTS\2003AIRPORTIMPROVEMENTS\2003AUBURNCONTRACT.DOC EXHIBIT A SCOPE OF SERVICES AUBURN MUNICIPAL AIRPORT 2003 RUNWAY IMPROVEMENTS Description of Project The City of Auburn proposes the following improvements to the Auburn Municipal Airport: 1. Overlay Runway 16-34, approximately 3,400'x 75'. 2. Displace the Runway 16 threshold approximately 40 feet per the current Airport Layout Plan. Relocate the associated REILs. 3. Expand the existing hold apron at the north end of the airport, adding approximately 5000 square feet of apron area. Relocate taxiway lighting as necessary per this expansion. Scope of Services The Consultant shall provide the following Specified Services for the Project as described below. All engineering work shall be performed using accepted engineering principles and practices and shall provide quality products that meet or exceed industry standards. Designs shall be in accordance with FAA Advisory Circular 150/5300-13 Airport Design and related circulars. Design Phase Services The Consultant shall provide the following services during the design phase of this project. Attend pre -design meeting with City and FAA personnel. Finalize work scope and schedule. Assemble and review existing maps, plans, documents, reports and other available information. Conduct a site visit to review existing conditions. 2. Provide project management and administration, liaison with the City, prepare monthly progress reports and/or invoices, and manage subconsultants for the design phase services. 3. Provide surveying services as follows: a. Establish horizontal and vertical control outside proposed construction areas, based on the City of Auburn Horizontal and Vertical Control networks. b. Conduct a topographic survey of the existing ground surface in the vicinity of the proposed improvements for use in development of construction plans, including: 1. For pavements in proposed overlay areas, existing pavement elevations to be established by means of a 25' grid (breaklines at 25 foot stations) utilizing a total station. Survey of the runway shall include surveying 10 feet beyond the edge of pavement on either side of the runway and the connector taxiways. I:\Projects\City of Auburn\000000 BD Efforts\2003Airportlmprovements\2003AuburnScope.doc -A-1 - March 31, 2003 2. Standard topographic surveying methods will be used in infield grass areas and all other survey areas. 3. Topographic survey will also be performed for the proposed hold apron expansion area east of the runway at the north end of the airfield, on an area approximately 400 feet by 300 feet. This will include the adjacent connector and parallel taxiways The topographic survey work shall include the survey of existing surface features, including, but not limited to, catch basins, lights, signs, all other electrical surface features, and known utilities. 4. Conduct a geotechnical investigation in the vicinity of the proposed improvements: a. Explore subsurface soil conditions by drilling (4) borings and obtaining (10) core samples. b. Obtain representative samples of the various soils encountered, classify the materials, observe any groundwater encountered, and maintain a detailed log of each exploration. c. Evaluate pertinent physical engineering characteristics of the subgrade soils from the results of tests conducted on the samples obtained in the field. Laboratory testing to include a 3 - point CBR value, a standard proctor, Atterburg limits and USC soil classification, and a sieve analysis including percent finer than .02mm for frost analysis. d. Develop recommendations for placement of fill and for utilization of existing soils in embankments. 5. Perform a pavement analysis and design. Provide recommended pavement sections for the runway overlay and/or reconstruction areas. Airfield pavements will be designed in accordance with FAA Advisory Circular 150/5320-6D Airport Pavement Design and Evaluation. 6. Provide a summary of project elements to City personnel responsible for the preparation of a SEPA checklist and an FAA environmental checklist. 7. Prepare and submit an updated DBE plan and goals to FAA Civil Rights. 8. Prepare preliminary construction plans. See Exhibit A-1 for estimated sheet count. 9. Prepare preliminary contract documents and technical specifications. Contract documents shall include FAA technical specifications and general provisions. 10. Provide recommendations for construction phasing. Attend one meeting with Airport Advisory Board to review proposed phasing plan and revise as necessary. 11. Prepare preliminary construction cost estimates. 12. Prepare an Engineer's Design Report and submit with the preliminary plans. 13. Distribute 3 full size sets of preliminary plans, contract documents, and technical specifications. Solicit comments on preliminary design from City personnel and the FAA. 14. Incorporate preliminary design comments and respond as necessary to requests for additional information. Review available funding and adjust construction base bid items and bid alternatives as necessary. Finalize construction plans, documents, specifications, contract conditions and associated forms. Prepare final quantity calculations and Engineer's Estimate. I:\Projects\City of Auburn\000000 BD Efforts\2003Airportlmprovements\2003AuburnScope.doc - A-2 - March 31, 2003 15. Calculate and submit revised threshold crossing height (TCH) to FAA Airway Facilities for as - built plan revisions and revisions to the facility directory. 16. Submit final plans, contract documents, and technical specifications for review and approval by the City and FAA. 17. Publish thirty-five (35) original sets of contract documents. Construction Phase Services Provide project management and administration, liaison with the City, prepare monthly progress reports and/or invoices, and manage subconsultants for the construction phase services. 2. Assist the City with advertising and interpretation of project requirements, and answer contractor requests for clarifications in the form of addenda as necessary. Distribute contract documents to interested bidders, plan centers, and FAA, and maintain plan holder's list. 3. Conduct a pre-bid conference and attend bid opening. Review and tabulate the bids and make recommendation for award. The City will send award notification to successful bidder, notify and return bid bonds to the unsuccessful bidders. 4. Prepare final grant application package and submit to the FAA. 5. Review successful bidder's contracts, bonds, and certificates of insurance and forward to the City for approval. 6. Prepare and submit a construction management plan for use during construction. 7. Conduct a pre -construction conference. 8. Review contractor submittals. 9. Provide construction administration, to include preparation of change orders, if required, preparation and submittal of daily and weekly inspection reports, and preparation of monthly construction pay estimates for City approval and processing. Conduct one meeting weekly at the City offices to coordinate progress of the construction work with City staff, Airport tenants, and the Contractor. 10. Provide resident engineer to monitor and document construction progress, confirm conformance with schedules, plans and specifications, measure and document construction pay quantities, document significant conversations or situations, document input or visits by local authorities, etc. 11. Conduct subgrade soil, aggregate base, and asphalt concrete acceptance and control testing: a. Provide maximum density and moisture requirements (ASTM D 698) and in-place density determinations (ASTM D-2922) for subgrade materials. Two (2) proctor tests and two (2) days of in-place density testing estimated. b. Provide maximum density and moisture requirements (ASTM D 698), sieve analysis (ASTM C 136), and in-place density determinations (ASTM D-2922) for aggregate base materials. Two (2) proctor tests, two (2) sieve analysis, and two (2) days of in-place density testing estimated. I:\Projects\City of Auburn\000000 BD Efforts\2003Airportlmprovements\2003AuburnScope.doc - A-3 - March 31, 2003 c. Perform asphalt acceptance testing in accordance with FAA P-401 requirements. Three (3) paving lots estimated plus one dayfor test section. 12. Conduct a final inspection with City personnel, the FAA, and the Contractor. 13. Prepare record drawings on original signed mylars and deliver to the City. Deliver record drawings in the form of one set of full size mylars (to FAA), two sets of 11"x17" prints (one to FAA and one to City), and two electronic copies of record drawings in AutoCAD format on CD (one to City, one to FAA). 14. Prepare a Final Report and project summary. Record improvements of this project on the Airport Layout Plan and submit one "As -built" ALP drawing to FAA and City staff. Update 5010 drawing and Pavement Strength Survey form and submit to FAA. Optional Services Provide additional support, including, but not limited to, meetings regarding a GPS approach to the airport, or other services as requested by the City. These services will be provided as necessary up to the amount specified in the attached fee schedule. Assumptions • No boundary survey is included in this item. • No drainage detention or water quality or report is necessary for the proposed improvements since they will drain to the existing airport detention system • Control points for the contractor's use during construction will be established during the time of the design phase topographic survey. Construction surveying or staking is to be provided by the contractor. • No wetland delineations, permits or approvals will be necessary for wetlands. • No adjustment or relocation of the Runway 16 VASIs will be necessary. No Reimbursable Agreement with the FAA will be necessary. • The City will prepare and submit a SEPA checklist and an FAA environmental checklist. • A NPDES construction permit is not required. Land disturbance is anticipated to be more than 1 acre, but less than 5 acres. It is uncertain when the Department of Ecology will develop their anticipated 1 to 5 acre permit. The progress of developing this permit will need to be monitored, and if the requirements are enacted before construction is complete, it is likely that an NPDES permit will need to be acquired. • No floodplain permits are required. • A biological evaluation is not required. • Estimate for the Engineer's Design Report and Final Report are based on the criteria provided by the FAA at the time of the pre -design meeting. • W&H Pacific will prepare all City permits as required, including, but not limited to the grading and construction permits. The City will process the permits. • A maximum of two (2) addenda will be necessary during the course of bidding. • Construction observation is based on estimated construction duration of 30 calendar days. Resident engineering is based on a one-week period of 8 hours per day, 5 days per week and a three-week period of 8 hours per day, 2 days per week. I:\Projects\City of Auburn\000000 BD Efforts\2003Airportlmprovements\2003AuburnScope.doc - A-4 - March 31, 2003 EXHIBIT A-1 W&H PACIFIC ESTIMATED PLAN SHEETS FOR AUBURN MUNICIPAL AIRPORT 2003 RUNWAY IMPROVEMENTS Sheet Number Description 1 Cover Sheet 2 Construction Site Plan 3 Construction Phasing/Safety Plan 4 Temporary Erosion Control Plan 5 Runway 16-34 Plan & Profile (1" = 50') 6 Runway 16-34 Plan & Profile (1" = 50') 7 Runway 16-34 Plan & Profile (1" = 50') 8 Hold Apron Expansion Plan (1" = 50') g Typical Sections and Civil Details 10 Runway Marking Plans and Threshold Lighting Plan 11 Electrical One -Line Diagram 12 Electrical Details 1-\Projects\City of Aubum\000000 BD Efforts\2003Aiiportlmprovements\2003AubumScope.doc - A-1-1 - March 31, 2003 AN ABCG Cont- 3350 Monte Villa Parkway Bothell, Washington 98021-8912 Exhibit B 425.951.4800 Fax 425.951.4808 W&H PACIFIC, INC. Standard Fee Schedule I. Standard Fee Schedule The compensation of W&H Pacific for work done on the basis of a per diem rate, plus incurred expenses (which may be referred to as "per diem" or "charge rate") will be the sum of all the items set forth below: A. Personnel Services Principal III $145/hour Project Administrator V $68/hour Principal II $140/hour Project Administrator IV $60/hour Principal I $135/hour Project Administrator III $55/hour Senior Professional III $130/hour Project Administrator II $50/hour Senior Professional 11 $125/hour Project Administrator I $45/hour Senior Professional I $115/hour Chief of Parties $91/hour Engineer, Planner, Arch/Surveyor V $105/hour Field Surveyor V $80/hour Engineer, Planner, Arch/Surveyor IV $95/hour Field Surveyor IV $70/hour Engineer, Planner, Arch/Survcyor III $91/hour Field Surveyor III $60/hour Engineer, Planner, Arch/Surveyor II $75/hour Field Surveyor II $55/hour Engineer, Planner, Arch/Surveyor I $70/hour Field Surveyor I $50/hour Technician V $80/hour One -Person Crew $80/hour Technician IV $75/hour Two -Person Crew $144/hour Technician III $70/hour Three -Person Crew $185/hour Technician II $60/hour Technician 1 $45/hour Overtime will be billed at 1.50 times. B. Other Direct Costs Subconsultants Outside Materials, Supplies, Reprographics, etc. Travel and Subsistence Mileage (standard vehicle) Survey vehicle mileage GPS equipment In-house color copies In-house plotting costs WHP Form G (DevSvs) Effective June 15, 2000 1:\Company\Shared\Admin\TEMPLATE\ WHPFEES\Form_G.doc whpacific.com planners surveyors Cost plus 10 percent handling fee Cost plus 10 percent handling fee At cost plus 10 percent $0.35/mile $0.40/mile + $4/hour $250/day per receiver $1.50/copy $3.00/plot engineers landscape architects EXHIBIT C W&H PACIFIC KEY PERSONNEL FOR AUBURN MUNICIPAL AIRPORT 2003 RUNWAY IMPROVEMENTS W&H Pacific Rainse Anderson Principal -in -Charge Mark Napier Project Manager David Williams Project Engineer Lorelei Mesic Project Engineer Laura Jackson Environmental Larry Signani Project Surveyor GN Northern Amjad Khan Engineering Geologist Elcon Associates Jerry Schneider Electrical Engineer General Testing John Hart Lab Coordinator Shapiro and Associates Marc Boule Biological Evaluations Bruce Allen Associates Bruce Allen Property Valuation Greer Allen Greer Allen Land Acquisition Specialist Real Estate Economics Dave Eacret Financial Planner (:\Projects\City of Auburn\000000 BD Efforts\2003Airportlmprovements\2003AubumScope.doc - C-1 - March 31, 2003 —,"'A U Cin or Auburn A.1—., --,l Ai, - 3003 Alrporl Capital Imp,.,—M, SEEM ---mm-mm- ---- --- ��M_---------OM_-