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HomeMy WebLinkAboutAG-C-436 CH2M Hill Engineers, Inc. AGREEMENT FOR PROFESSIONAL SERVICES AG-C-436 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 CH2M Hill Engineers, Inc. whose address is 1100 112th Ave NE, Suite 500, 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 31, 2014 and can be amended by both parties for succeeding years. 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 $10,000.00. Hourly bill rates are attached in the fee schedule as shown on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. Agreement for Professional Services AG-C-436 9/3/13 Page 1 of 11 • The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit B, at the actual cost to the CONSULTANT plus 10%. Exhibit B 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. CONSULTANT will issue monthly invoices pursuant to Exhibit B. Invoices are due and payable within 30 days of receipt. 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. 4. 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 shall contain all applicable provisions of this AGREEMENT. Agreement for Professional Services AG-C-436 9/3/13 Page 2 of 11 5. 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 standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar Services at the time said services are performed.The CONSULTANT shall, without additional compensation, reperform any services not meeting this standard of care that are a result of the CONSULTANT's negligence. The CONSULTANT shall perform its services to conform to generally-accepted professional engineering standards and the requirements of the CITY which will be provided in advance of CONSULTANT's services. 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 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. 6. INDEMNIFICATION/HOLD HARMLESS. i The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, and employees harmless from any claims, injuries, damages, losses, or suits, including attorney fees, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligent acts, errors or omissions or willful misconduct of the CONSULTANT, CONSULTANT's employees, affiliated corporations, and subcontractors in performance of this Agreement, except for injuries or damages caused by the negligence of the CITY. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of Agreement for Professional Services AG-C-436 9/3/13 Page 3 of 11 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 CITY, its officers, officials, and employees, the CONSULTANT 's liability hereunder shall be only to the extent of the CONSULTANT 's negligence. It is further specifically and expressly understood that the indemnification provided herein 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 shall survive the expiration or termination of this Agreement. 7. 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 herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 8. 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. 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 combined single limit for bodily injury and property damage of Agreement for Professional Services AG-C-436 9/3/13 Page 4of11 $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. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or equivalent and shall cover liability arising from premises, operations, , and personal injury and advertising injury, with limits of$1,000,000 each occurrence, $2,000,000 aggregate. The CITY shall be included as an additional insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work 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 of$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, except after thirty (30) days prior written notice has been given to the CITY. Agreement for Professional Services AG-C-436 9/3/13 Page 5 of 11 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 additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CONSULTANT shall permit the CITY to examine the redacted policies upon request at CONSULTANT's corporate offices in Englewood, Colorado, upon execution of a Non-Disclosure Agreement. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 9. 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. 10. 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. Reuse by the CITY or by others, F acting through or on behalf of the CITY of any such instruments of service, not occurring as a part of this Project, shall be without liability or legal exposure to the CONSULTANT. 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 Agreement for Professional Services AG-C-436 9/3/13 Page 6 of 11 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. 11. 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-436 9/3/13 Page 7 of 11 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 Agreement. 12. 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. 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. 13.2. 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. 13.3. 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. Agreement for Professional Services AG-C-436 9/3/13 Page 8 of 11 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 gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third-party beneficiaries. 13.6. 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. 13.7. 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. 13.8. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.9. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.10. This Agreement shall be administered by Stephanie Forman , 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 CH2M Hill Engineers, Inc. Attn: Jacob Sweeting Attn: Stephanie Forman 25 W Main Street 1100 112th Ave NE, Suite 500 Bellevue, WA 98004 Auburn WA 98001 Phone: 253.804.3118 Phone: 425-233-3267 Fax: 253. 931.3053 Fax: 425-468-3100 E-mail: jsweeting@auburnwa.gov E-mail: sforman @ch2m.com Agreement for Professional Services AG-C-436 9/3/13 Page 9 of 11 • 13.11. 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 13.10 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. 13.12. 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. Agreement for Professional Services AG-C-436 9/3/13 Page 10 of 11 CI 7, Peter B. Lewis, Mayor Date SEP 122013 ATTEST: / Danielle E. Daskam, City Clerk AP"R/OV�t• TO FORM: / ►.niIns. Hei.'W Arorne CH2M Hill Engineers, Inc. BY: /Y r' -}t.- Tung Le Title: Vice President Federal Tax ID #32-0100027 Agreement for Professional Services AG-C-436 9/3/13 Page 11 of 11 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. • Bill Rates • 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). • Invoices for previous year are due by January 15'h. • Consultant Invoices Agreement No.AG-C-434 Page 1 of 2 • SAMPLE INVOICE City of Auburn Invoice#: 5222 25 West Main Progress Payment#:2 Auburn WA 98001 Invoice Date: February 10,2002 Attn: Scott Nutter(Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement#:AG-C-010 Project#: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker,Architect 5 $ 72.0D $ 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: $ 821.49 SUB CONSULTANTS(see attached documentation) Subconsultant Hours Hourly Rate Amount • ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Moving Company, Moving Consultant 2 $ 50.00 10000 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 2,860,00 TOTAL DUE THIS INVOICE $ 3,681.49 CONTRACT BREAKDOWN • 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 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No.AG-C-434 Page 2 of 2 • EXHIBIT A SCOPE OF WORK City of Auburn CP1024—Auburn Way South and M Street SE Intersection Improvements WSDOT Channelization Plans The Auburn Way South and M Street SE Intersection Improvement project will construct roadway improvements within SRI64(Auburn Way South), and therefore requires review and approval of project channelization plans by the Washington State Department of Transportation (WSDOT). The CONSULTANT will prepare channelization plans for review and approval by WSDOT. The CONSULTANT's work includes preparing preliminary and pre-final WSDOT Channelization Plans for Approval for submittal to the CITY. The CITY will submit the pre-final plans to WSDOT for review. The CONSULTANT will address CITY and WSDOT comments on the pre-final plans and prepare a final submittal to the CITY for WSDOT approval, in accordance with current (as of execution of this Agreement)WSDOT requirements. Channelization Plans will be prepared for the intersection of Auburn Way South and M Street SE intersection. The Channelization Plans will include the permanent lane striping and paving elements for Auburn Way South (SR164)through the curb returns limits as required by WSDOT. Three plan sheets, one island detail sheet, and one typical section sheet will be included in the Channelization Plan. Plans will be prepared in 11"x17"PDF format at 1"=40' scale. Task 1: Preliminary Design CONSULTANT will review design plans provided by the CITY. Design variances identified through this initial review will be submitted to the CITY before proceeding with the preliminary Channelization Plans. CITY will confirm that variances to WSDOT design guidelines are recognized and will be noted on the preliminary Channelization Plans as required by WSDOT. Task 2.Pre-final Design Pre-final plans will incorporate comments on the preliminary plan set from the CITY following the review by the CITY. The CITY will submit the Pre-final plans to WSDOT for review. Task 3. Final Design Consultant will prepare the final plan set for submittal to the CITY addressing comments from WSDOT and the CITY from the Pre-final plan review. The CITY will submit the final plan set for WSDOT's approval. Assumptions: • CITY will provide 90% level construction contract pavement marking plans, paving plans, intersection grading plans, curb ramp grading and typical sections to the CONSULTANT(sheets, basemap files and design master files) in AutoCAD format within two days of a signed Agreement. • Scope does not include CONSULTANT making design changes. Any design changes will be made by the CITY. Updated AutoCAD files will be provided to the CONSULTANT by the CITY. City of Auburn CP1024-AWS and MSI SE Intersection Improvements 1 May 2013 AG-C-436-Exhibit A DRAFT Scope of Work • CONSULTANT will prepare WSDOT Channelization Plans for Approval in accordance with the WSDOT Design Manual, WSDOT Channelization Plan Checklist, WSDOT Channelization Plan Elements and WSDOT provided examples. • CONSULTANT will identify WSDOT Design Variances on the plans. • Scope does not include CONSULTANT preparing project report, design variances, or other documentation,besides the Channelization Plans for Approval, but may be added by amendment. • Scope does not include CONSULTANT coordinating with WSDOT for channelization plan • approval,but may be added by amendment. • CONSULTANT phone call discussions with WSDOT to verify potential Design Variances are included in this scope. • CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the Project. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. • Scope includes one CITY/CONSULTANT coordination meetings which will be held at the CONSULTANT's office. Deliverable(s): • List of WSDOT Design Variances. • Preliminary, Pre-Final and Final Channelization Plans for Approval to the CITY. Preliminary Channelization Plans will be submitted to the CITY within two weeks from receiving all AutoCAD files from the CITY. • City oJAubw'n CP1024—AWS and MSISE Intersection/n,provements 2 May 2013 AG-C-436-Exhibit A DRAFT Scope of Work Exhibit B:Consultant Fee Determination City of Auburn Project CP1024:Auburn Way South& M St SE Intersection WSDOT Channelization Plans September 6,2013 CH2MHill Element Task Description Quality Control Project Manager Reviewer /Engineer Design Engineer CAD Tech Admin Rates(5/11R) $185.00 $126.00 $107.00 $110.00 $84.00 1 Protect Management 1.1 Schedule Development 1.2 Scope and Budget Management 1.3 Schedule Management 1.4 Progress Reporting and Invoicing 4 8 S .tr N)i.�.ti .,.,i: LO:TO�al k.}1 Ot R.a.< .�.P 4 -_.-4. -a:,a..U_g � VPO gat wA. -.s8*E.��. ��I 2 Ganneilsation Plans for Approval 2.1 Preliminary Plans 2 8 20 8 2.2 Pre-Pinal Mans 1 4 8 6 2.3 float Plans 1 4 8 6 _ Ida °Y7'� -ice wu�:: STask20 Tata1 w'W 4p ... lf16t *• ms's 36 k" � °' 2D`TasrtW 0:�5"' ( TOTALS $ 740.00 $ 2,520.00 $ 3,852.00 $ 2,200.00 $ 672.00 Task 1 Subtotal $ 1,176.00 Task 2 Subtotal $ 8,808.00 Expenses $ 16.00 Not-To-Exceed Total $ 10,000.00 * D . y9 CITY OF AuBK I\T _ Peter B. Lewis, Mayor AS WASHINGTON 25 West Main Street * Auburn WA 98001.4998 * www.auburnwa.gov * 253-931-3000 September 13, 2013 Stephanie Forman CH2M Hill Engineers, Inc 1100 112`h Avenue NE, Suite 500 Bellevue, WA 98004 RE: Agreement No. AG-C-436 Project No. CP1024, Auburn Way S & M Street SE Intersection Improvements Agreement Execution and Notice to Proceed Dear Ms. Forman: Enclosed please find an executed copy of the above-referenced Agreement. This letter serves as your Notice to Proceed. The work authorized under this agreement shall not exceed $10,000.00 and has a completion date of December 31, 2014. For the City's tracking and record keeping purposes, please reference AG-C-436 and PROJECT No. CP1024 on all correspondence and related material. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253-804- 3118. Sincerel Jacob weeti g, P.E. Project Engineer Public Works Department JS/ad/mh Enclosure cc: Dani Daskam, City Clerk Jacob Sweeting, Project Engineer AG-C-436 Proj. No. CP1024 (File 2.20) .AUBUR.N * MORE THAN YOU IMAGINED AMENDMENT #1 TO AGREEMENT NO. AG -C-436 BETWEEN THE CITY OF AUBURN AND CH2M HILL RELATING TO PROJECT NO. CP1024, M STREET SE AND AUBURN WAY SOUTH INTERSECTION IMPROVEMENTS THIS AMENDMENT is made and entered into this day of 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Was 'ngton (hereinafter referred to as the "CITY "), and CH2M Hill Engineers, Inc. (hereinafter referred to as the "CONSULTANT "), as an Amendment to the Agreement between the parties for AG -C -436 executed on the 12th day of September 2013. The changes to the agreement are described as follows. 1. CONTRACT TERM: The term of the Agreement for Professional Services is unchanged. 2. SCOPE OF WORK' See Exhibit A -1, which is attached hereto and by this reference made part of this Amendment. 3. COMPENSATION. The amount of this amendment is $9,600.00. The total contract amount is increased to $19,600.00. A general summary of the added compensation is shown in Exhibit B -1. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -436 executed on the 12th day of September 2013 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-!/ ij CH2MHill M Amendment No. 1 for Agreement No. AG -C -436 CH2M Hill Engineers, Inc. Pace 1 of 1 CITY OF AUBURN \ � I R IT ATTEST: Dan-TCle E. Daskam, Auburn City Clerk Appr ed f m: lr Daniel B. Heid, Auburn City Attorney EXHIBIT A -1 DRAFT SCOPE OF WORK City of Auburn CP1024 —Auburn Way South and M Street SE Intersection Improvements WSDOT Channelization Plans Amendment 1 Introduction_ For Amendment I of this AGREEMENT, CI12M HILL Engineers, Ine. (CONSULTANT) shall perform professional services for the City of Auburn (CITY) to write design variance documentation for the geometric roadway design at the intersection of Auburn Way South and M Street SE_ Description: The Auburn Way South and M Street SE Intersection Improvement project will construct roadway improvements within SR164 (Auburn Way South), and therefore requires review and approval of project roadway design variances by the Washington State Department of Transportation (WSDOT). The CONSULTANT will prepare design variances for review and approval by WSDOT. These design variances are based on the WSDOT Design Manual M 22- 01.10, July 2013. The CONSULTANT's work includes preparing preliminary and final WSDOT design variance documentation for submittal to the CITY. The CITY will submit the preliminary documentation to WSDOT for review. The CONSULTANT will address CITY and WSDOT comments on the preliminary documentation and prepare a final submittal to the CITY for WSDOT approval, in accordance with current (as of execution of this Agreement) WSDOT requirements. Design variance documentation will be prepared for the intersection of Auburn Way South and M Street SE intersection. The documentation will include two design deviations - for intersection angle and intersection alignment, a design vehicle selection technical memorandum including AutoTURN analysis for a WB -67 and a P- vehicle; and a clearzone letter as required by WSDOT. Task 1: Preliminary Design Variance Documentation CONSULTANT will review roadway design documentation provided by the CITY. Draft design variance documentation will be written by the CONSULTANT and will accompany the Preliminary Channelization Plan for Approval submission to the CITY. The CITY will submit the Preliminary Channelization Plan for Approval and design variance documentation to WSDOT. Task 2: Final Design Variance Documentation CONSULTANT will prepare the final design variance documentation for submittal to the CITY and WSDOT addressing comments from the CITY and WSDOT from the preliminary documentation. The CITY will submit the final Channelization Plan for Approval and design variance documentation for WSDOT's approval_ Assumptions: • CONSULTANT will base the design variance documentation on the CITY's 95% level construction contract pavement marking plans, paving plans, intersection grading plans, curb ramp City of Auburn CP1 024 —AWS and Al St SE Intersection Improvements I January 2014 AC-C -436 - Exhibit A DRAFT Scope of Work — Amendment I grading and typical sections. These were provided to the CONSULTANT (sheets, basemap files and design master files) in AutoCAD format on January 14, 2014. • CONSULTANT will request collision data from WSDOT and perform a collision analysis to be included in the intersection offset deviation documentation; to satisfy WSDOT design variance requirements. • Scope includes the CONSULTANT designing one alternative for the channelization of the intersection to meet WSDOT design standards to be included in the intersection offset and intersection angle deviation documentation; to satisfy WSDOT design variance guidelines_ • CONSULTANT will perform an AutoTURN analysis at two intersections: 1) Auburn Way South and M Street SE; 2) Auburn Way South and 17`^ St SE for all turning movements for both a WB- 67 and a P- Vehicle. • Scope does not include CONSULTANT making design changes. Any design changes will be made by the CITY. Updated AutoCAD files will be provided to the CONSULTANT by the CITY. • CONSULTANT will prepare WSDOT design variance documentation in accordance with the WSDOT Design Manual, WSDOT Deviation Guidelines and WSDOT provided examples. • Scope includes up to two meetings with WSDOT for one CONSULTANT employee. These meetings will be to coordinate with WSDOT for design variance and channelization plan approval. • CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the Project. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. Deliverable(s): Preliminary copy of Design Variance Documentation memo Final version of Design Variance Documentation memo. Preliminary Channelization Plans will be submitted to the CITY within three weeks from receiving collision data from WSDOT. City of Auburn CP1024 —A WSond MS1 SEIdersection lmprorernents 2 January 2014 A GC -436 - Exhibit A DRAFT Scope of Work — Amendurent 1 Exhibit B -1: Consultant Fee Determination City of Auburn Project CP1024: Auburn Way South & M St SE Intersection Amendment 1 WSDOT Design Variance Documentation January 23, 2014 CH2MHill Element Task Description 1,176.00 Task 2 Subtotal 5 8,416.00 Total $ 9,592.00 Quality Control Project Manager Reviewer / Engineer Design Engineer CAD Tech Admin Rates ($ /HR) $185.00 $126.00 $107.00 $110.00 $84.00 1 Project Management 1.1 Schedule Development 1,2 Scope and Budget Management 13 Schedule Management 1,4 Progress Reporting and invoicing 4 8 Task 1.0 Total 0 4, 0' 0 $ 2 Design Variance Documentation 2.1 Preliminary Documentation 4 37 12 'Deviation - Intersection Alignment 2 20 - 8 - DesignVehicleTechM,emo 1 6 4 Qeorzone Letter 1 I meetings _2 _ 6 .4 22 Final Documentation 8. - Task 2.0Tntal 6 41 20 0 0 TOTALS $ 1,110.00 $ 5,670.00 $ 2,140.00 $ - $ 672.00 Task 1 Subtotal 5 1,176.00 Task 2 Subtotal 5 8,416.00 Total $ 9,592.00 CITY OF ..w T A IJ �J ` WASHINGTON January 7, 2015 Stephanie Forman CH2M Hill Engineers, Inc. 1100 112th Avenue NE, Suite 500 Bellevue, WA 98004 A 3 ,1 b n Nancy Backus, Mayor 25 West Main Street* Auburn WA 98001 -4998 * www.auburnwa.gov * 253- 931 -3000 RE. Agreement for Professional Services, AG -C -436 Project No. CP1024, Auburn Way South & M Street SE Intersection Improvements Dear Ms. Forman: This letter is to inform you that the term of the above- referenced Agreement for Professional Services has expired as of December 31, 2014 and is closed at this time. Our records indicate that we processed the final payment for this agreement on July 11, 2014 for invoice #38114018601 in the amount of $13,074.12. Thank you for your firm's professional services in work related to the Auburn Way South & M Street SE Intersection Improvements project. If you should have any questions, feel free to give me a call at 253 - 804 -5032. Sincerely Matthe son, P.E. Project Engineer Community Development & Public Works Department /ad /mt cc: Dani Daskam, City Clerk AG -C -436 CP1024 (2.20) Au$uxw * MORE THAN YOU IMAGINED