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HomeMy WebLinkAboutCP1416/AG-C-468 F ST NE Non-Motorized Improvements Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: AG-C-468 Firm/Organization Legal Name (do not use dba's): Jacobs Engineering Group, Inc. Address Federal Aid Number 600 108th Avenue NE STE 700, Bellevue, WA 98004 CM-1094(002) UBI Number Federal TIN or SSN Number 601-008-037 95-4081636 Execution Date Completion Date 12/31/2016 1099 Form Required Federal Participation ❑ Yes fl No 0 Yes n No Project Title Project CP1416: F Street SE Non-Motorized Improvements Description of Work The work consists of providing planning, conceptual design; intermediate design; final design; geotechnical engineering; topographic surveying and mapping; environmental support; right-of-way support; and preparation of construction plans, specifications, and construction cost estimates, and construction assistance for improvements including approximately 1,600 linear feet (0.30 mile) of roadway widening, reconstruction, and associated improvements along F Street SE between Auburn Way South and 4th Street SE; and approximately 6,600 linear feet (1.25 miles) of bicycle boulevard improvements connecting between C Street NW (west of City Hall) and the Les Gove community facilities. The project also includes creating a City bike share program for City Staff to travel between various City facilities located along the improvements route. I I Yes N No DBE Participation Total Amount Authorized: $470,473.00 ❑ Yes Ti No MBE Participation Management Reserve Fund: $40,000.00 ❑ Yes N No WBE Participation Maximum Amount Payable: $510,473.00 ❑ Yes fl No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit 1-1 Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Aereement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 4/10/2015 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (I) of this AGREEMENT, between the City of Auburn hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (I) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (I) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW,THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under • this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 4/10/2015 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DI3E (inns are utilized at the commencement of tins AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan" and perform a minimum of 30'Yo of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C— Preparation and Delivery of Electronic Engineering and other Data" All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part ol'this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or(ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Seth Wickstrom Name: Tim Hedges Agency: City of Auburn Agency: Jacobs Engineering Group, Inc. Address: 25 West Main Street Address: 600 108th Ave NE Suite 700 City: Auburn Slate: WA Zip: 98001 City: Bellevue State: WA Zip: 98004 Email: swickstrom@auburnwa.gov auburnwa.gov Email: tim.hedges@jacobs.com Phone: 253.804.5034 Phone: 425.452.8000 Facsimile: 253.931.3053 Facsimile: 425.452.1212 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 4/10/2015 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, `Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEM ENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. I. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category. dollar expenditures, etc.) for the purpose of adjusting the [CR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates @wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Pail 31.205-46 "Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of'the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: AG-C-468 Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 4/10/2015 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize 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 and shall not exceed the lesser of S 100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Changes of Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Changes of Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 4/10/2015 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts fof those items of SERVICES as shown in Exhibit"A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE'S Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 4/10/2015 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 RCW 49.60.180 •(42 U.S.C. Chapter 76 § 6101 el. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 4/10/2015 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50'% or more of the beneficial ownership of the CONSULTANT within 15 clays of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: AG-C-468 Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 4/10/2015 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers'and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of; or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 4/10/2015 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar(51,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "Als"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the Als shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the Als. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Seth Wickstrom Agency: City of Auburn Address: 25 West Main St City: Auburn State: WA Zip: 98001 Email: swickstrom @auburnwa.gov Phone: 253.804.5034 Facsimile: 253.931.3053 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars (S1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: AG-C-468 Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 4/10/2015 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (I) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars (5100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 4/10/2015 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may cone into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii) returned all of the State's Confidential Information to the AGENCY; or(iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 4/10/2015 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure i s required under applicable state or federal law. I f a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. `Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT 's, appraisals, plans, designs, data, surveys, maps, spreadsheets. memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 4/10/2015 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DV Ds, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and for modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one(1) of this AGREEMENT. 07E-A) 7/r/s- Signature Date a..n 1 . 22.15 Signature Date iNtir 7�r �.� A- - , •7 -21- 15: Any modification, change, or reformation of this AGREEMENT shall require appfoval as to form in,the Office of the Attorney General. Agreement Number: AG-C-468 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 4/10/2015 Exhibit A Scope of Work Project No. CM-1094(002) Sec attached scope of work. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014 EXHIBIT A SCOPE OF SERVICES During the term of this AGREEMENT, Jacobs Engineering Group, Inc. (CONSULTANT) will perform professional services for the CITY of Auburn (CITY) in connection with the following project: F Street SE Non-Motorized Improvements (Downtown to Les Gove) 1. PROJECT DESCRIPTION The work consists of providing planning, conceptual design; intermediate design; final design; geotechnical engineering; topographic surveying and mapping; environmental support; right-of-way support; and preparation of construction plans, specifications, construction cost estimates, and construction assistance for improvements including approximately 1,600 linear feet (0.30 mile)of roadway widening reconstruction, and associated improvements along F Street SE between Auburn Way South and 4 h Street SE; and approximately 6,600 linear feet (1.25 miles)of bicycle boulevard improvements connecting between C Street NW(west of City Hall) and the Les Gove community facilities. The project also includes creating a City bike share program for City Staff to travel between various City facilities located along the improvements route. Anticipated design of improvements includes the following: F Street SE Improvements-Auburn Way S to 4`h Street SE • Roadway/Non-Motorized: Salvage and overlay existing roadway pavement where feasible. Remove and replace existing roadway pavement and subgrade where necessary or in poor condition. Remove and replace existing curbs and sidewalks. Widen the roadwa 'to incorporate one traffic lane in each direction, center two-way left-turn lane (5th Street SE to 9' Street SE only), dedicated bicycle surfaces, dedicated sidewalk surfaces, new curbs and gutters, and ADA compliant access. Evaluate alternative lane, sidewalk, and bicycle surface widths, surface types, and configurations to aid in the City's selection of a preferred street and non-motorized alternative. Establish vehicle protection approaching the center pier beneath the BNSF railroad overcrossing. Roughly maintain existing edge grades where feasible to avoid or minimize disturbances outside the City's right-of-way. The length is of this segment is approximately 1,600 feet (0.30 mile). • Intersections/Alleys: Maintain existing vehicle access to intersections, alleys, and driveways except where mutually-agreed by the City, and incorporate ADA compliant access. At 9th Street SE, evaluate alternatives to control access by establishing either a cul-de-sac or egress-only (from 9th onto F)to improve safety; the City may also consider one-way access on adjacent east- west streets. Upgrade pedestrian signal components for ADA compliance at Auburn Way S (north approach)and 4' Street SE (south approach). Install conduit connecting Auburn Way and 4th Street for future traffic signal interconnect. Replace traffic signal induction loops and junction boxes at Auburn Way S (north approach). • Drainage: Provide new surface-drainage collection and conveyance system, water quality treatment, and infiltration and/or detention system to control runoff from existing and widened roadway and non-motorized surface areas in accordance with City and federal-funding requirements. Evaluate feasibility of alternatives including infiltration and/or detention for rate- control of runoff. Tie-into the existing drainage conveyance systems at or within approximately 50 feet of the project limits. Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 1 of 16 • Sewer. Replace approximately 420 feet of existing sewer pipe and between 4th Street SE and 8th Street SE (15" and 21"diameter)with new sewer pipe of similar size. • Water: Replace approximately 420 feet of existing water main between 4th Street SE and 8th Street SE, and 250 feet of existing water main between 8th Street/9th Street Alley and Auburn Way South, with new 8"water main. • Power Relocation: Coordinate with the CITY and Puget Sound Energy (PSE)to facilitate undergrounding of existing overhead power lines existing along the east side of F Street SE. Prepare undergrounding plans showing proposed trench locations, trench sizes, conduits, vault locations, and backfill. The CITY will provide primary relocation/undergrounding coordination with PSE. PSE will provide full design of power relocation/undergrounding, and will provide types, sizes, locations/configurations, and specifications of all conduits, vaults, and backfilling requirements to be included within the undergrounding plans and specifications compiled by the CONSULTANT. It is assumed that the CITY's future construction contractor will construct and backfill trenches, conduits, and vaults; with conduit and vault materials provide by PSE. Bicycle Boulevard Improvements—C Street NW (west of City Hall) to Les Gove • Bicycle Boulevard Route: The anticipated bicycle boulevard route includes a total of approximately 6,600 linear feet (1.25 miles) beginning at the intersection of C Street NW/West Main Street and ending at approximately the White River Valley Museum at the end of H Street SE. The route includes approximately 2,800 feet along West Main Street; 1,700 feet along F Street SE (including 450 linear feet overlapping with the F Street SE improvements route); 700 feet along 5th Street SE (or mutually agreed parallel route); and 1,400 feet along H Street SE. • Bicycle Boulevard Improvements: Establish bicycle markings, bicycle way finding and signage along the route. Where practical, position way finding signage in a manner that may also help guide pedestrians to route destinations. Improvements may include minor re-striping and signing of existing lane lines, parking lines, stop bars, and crosswalks along the route (between existing curb-lines)as mutually agreed to establish a bicycle boulevard route within the existing curb-to- curb width. Evaluate alternative striping and signing configurations along each roadway segment to aid in the City's selection of a preferred bicycle boulevard alternative. Alternative routes between F Street SE and H Street SE may also be considered, if mutually agreed. • Intersections: Evaluate alternatives to improve bicycle safety and visibility at the intersections of C Street NW/West Main Street (limited to evaluation of E/W movements from the east side of the intersection), Auburn Avenue/East Main Street, Auburn Way/East Main Street, F Street SE/East Main Street (including mid-block crosswalk) including bicycle markings, bicycle signage, re- striping existing lane lines, stop bars, and cross walks; and minor modifications to existing curbs, bulb-outs, and sidewalks. City Bike Share Program • Design a bike share program for City Staff to travel between various City facilities located along the bicycle boulevard route including the Maintenance and Operations (M&O)facility, City Hall, Police Department, and Les Gove campus. Alternatives and considerations which will be evaluated include type of bike share system, initial number of bikes, destinations, bike parking, helmets, repair, existing shower/locker/changing rooms, branding/ name selection, and procurement options. 2. ASSUMPTIONS Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 2 of 16 This scope of work is based on the following assumptions: a. Budget for the project scope is based on an initial project design schedule of approximately 10 months, commencing with notice-to-proceed. b. Staff-hour estimates assume that one contract bid package (containing multiple bid schedules)will be prepared representing all engineering work items associated with the project. c. Applicable CITY of Auburn and/or WSDOT Standard Plans will be included in the Contract Provisions. d. CONSULTANT reserves the opportunity to shift budget between work tasks and sub- consultants (excludes optional tasks). Budget shifts from sub-consultant tasks must first be consulted with the CITY project manager. e. Analyses, design, plans, specifications, and estimates performed or prepared as part of this project will be in English units. f. APWA and CITY of Auburn Drafting Standards will be used. g. Pavement-and subgrade-thicknesses will generally be based on adopted CITY standards and applicable standard details. Standard pavement and subgrade thicknesses will be reviewed against thicknesses recommended by the geotechnical engineer to verify suitability of use with native soils. h. Property acquisition services and associated parcel mapping and legal descriptions may be negotiated as an additional service after property impacts are known. Potential property impacts envisioned include corners at side streets associated with establishing curb radii and ADA ramp improvements (16 unimproved intersection corners); and cul-de-sac improvements on 9th Street SE. Design options will focus on minimizing or eliminating property impacts to the extent practicable. i. Topographic surveying will be performed along F Street SE between the intersections of Auburn Way S and 4th Street SE; with survey extending a distance of 50 feet along each intersecting side street, and 200 feet east along 9'h Street SE. Topographic surveying may also be performed at the intersections of Auburn Avenue/East Main Street and Auburn Way/East Main Street for a distance of 50 feet from the center of the intersection. j. Topographic surveying will not be performed along the bicycle boulevard route, unless contained within the limits of the above. Available CITY aerial and GIS data combined with visual inspection and field measurements will be utilized as a base map to support layout and design of bicycle boulevard pavement marking and signage. k. No Section 404/401 permitting or WDFW HPA is required. I. The project will qualify for a WSDOT Section 106 exemption under the Programmatic Agreement and no additional cultural resources study will be necessary. m. No public hearing will be required. n. The proposed activities will warrant a no-effect determination for all federally listed species and designated critical habitats that may occur in the action area. o. PSE will provide full design of power relocation/undergrounding, and will provide types, sizes, locations/configurations, and specifications of all conduits, vaults, and backfilling requirements to be included within the undergrounding plans and specifications compiled by the CONSULTANT. This design will be provided to the CONSULTANT via the CITY. p. The CITY's future construction contractor will construct and backfill trenches, conduits, and vaults; with conduit and vault materials provide by PSE. q. See "Items and Services to be Furnished by CITY" below. Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 3 of 16 3. ITEMS AND WORK TO BE FURNISHED BY CITY The CITY will provide the following items and services to the CONSULTANT which will facilitate the work to be undertaken for project. The following items will be furnished by the CITY: a. Any pertinent as built record drawings, plans, maintenance records, reports, and information on the current project, existing facilities, and on public works and/or private projects within the immediate vicinity. b. Contract Provisions (Specifications)"boilerplate" documents. c. Timely reviews of all work at mutually agreed upon times and consolidation of all review comments onto one review set prior to return to the CONSULTANT. d. Field review of proposed improvements with the CONSULTANT. e. Rights-of-entry upon all lands necessary for the performance of the work, including field reviews, geotechnical exploration and surveying; if necessary. f. Payment of applicable review and/or permit fees. g. Locate existing CITY-owned utilities (water, sewer, and storm). The CONSULTANT will contact the Washington Utility Notification Center(One Call)for locates. h. Traffic design volumes for pavement design. i. Third party utility coordination including as-built data collection and utility potholing, if necessary; or through separate contract/amendment. j. GIS and aerial data to support mapping of Bicycle Boulevard. k. SEPA Checklist. I. NPDES Construction General Permit Application and fees. m. Listing of applicable franchise utility contacts, phone numbers, e-mails and addresses. n. Relocation, undergrounding, and construction-coordination with franchise utilities. o. Primary stakeholder coordination. p. CITY of Auburn electronic CAD standard details, as required. q. Construction management and construction administration. r. Topographic survey (electronic files) performed previously at the intersection of Auburn Avenue/East Main Street. s. CITY streets right of way, WSDOT right of way, and railroad right of way within the project limits along F Street SE and 9th Street SE (electronic CAD format)as necessary to avoid or quantify right-of-way impacts. t. Electronic CITY survey layers and codes to be utilized by the CONSULTANT. u. Primary relocation/undergrounding coordination with PSE. v. Auburn Youth and Community Centers Traffic Report (2015) prepared by Heffron Transportation evaluating F Street SE side street connections, safety, impacts to residences and parking, overall neighborhood circuity, and traffic flow patterns to/from Les Gove Park. 4. DESIGN CRITERIA. Reports prepared as part of this scope of work, to the extent feasible, will be developed in accordance with the latest edition and amendments to the following documents, as of the date this Agreement is signed: WSDOT Publications Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 4 of 16 a. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), Standard Specifications for Road, Bridge and Municipal Construction: 2014 edition. b. WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction c. WSDOT Design Manual AASHTO Publications d. A Policy on Geometric Design of Highways and Streets CITY of Auburn Standards e. Engineering Design and Construction Standards - Current Edition f. Drafting Standards g. Surface Water Management Manual (SWMM) Other Standards and Publications h. FHWA and Washington State Department of Transportation, Manual on Uniform Traffic Control Devices (MUTCD) i. Washington State Regulations, Accessibility Design for All (ADA) j. American Water Works Association (AWWA) 5. WORK TASKS 5.1. Project Management and Coordination Project Management The CONSULTANT shall provide continuous project management and administration of services under this agreement. The CONSULTANT shall provide direction and review the work of the staff and sub-consultants during the course of the project. The CONSULTANT shall manage the schedule, scope, budget, and quality over the term of the Agreement. Current design budget status,as well as projections,will be developed. Any difference in the design and construction budget from the original contract amount will be brought promptly to the attention of the CITY's Project Manager prior to completing any work beyond the authorized contract amount. The CONSULTANT's Project Manager will maintain communication with the CITY's Project Manager, and the CONSULTANT's Project Team via meetings,telephone discussions, and e-mail as needed. The CONSULTANT's Project Manager will prepare and maintain a project change list for significant items of work. Project Schedule & Updates The CONSULTANT shall prepare and maintain a critical-path project schedule using MS Project to track progress of the deliverables. The project schedule will be based on the work plan and will identify major and support activities, and any significant work elements provided by the CITY. The CONSULTANT shall update the project schedule monthly (or as needed)to show progress and change. Monthly Progress Reports& Invoices Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July,2015 Exhibit A—Scope of Services Page 5 of 16 Monthly progress reports will be submitted with invoices consistent with CITY requirements. The progress reports will summarize start, finish and percent complete for deliverable tasks during the billing period, percent complete of overall project elements, and anticipated deliverable tasks for the next month. Progress reports will summarize the billing breakdown between street/storm, sewer, and water elements of work. The CONSULTANT shall summarize in the monthly progress reports any issues encountered and actions taken for their resolution, potential future delays, and issues/activities requiring CITY direction. Any elements that may impact project completion time and cost will be highlighted. Monthly invoices for work completed to date will be submitted to the CITY. The invoices will summarize budget, expenditures and percent expended for deliverable tasks during the billing period, and percent expended of overall project elements. Invoices will track expenditures separately for street/storm items, sewer items, and water items of work. Invoices will be submitted with the monthly progress report and will follow the guidelines established by the CITY. Project Coordination Meetings Project coordination meetings will be conducted on an as-needed basis. The CONSULTANT's Project Manager and other team members as appropriate will be available to attend project coordination meetings. The CONSULTANT shall provide the CITY with an agenda for each meeting. Anticipated meetings include the following: 1) Facilitate and attend Project Kickoff meeting at CITY of Auburn: (1 meeting) Assume meeting will be attended by Project Manager and up to 3 team members. 2) Attend project meetings at CITY of Auburn supporting development of 15%design alternatives: (2 meetings) Assume meetings will be attended by Project Manager and up to 3 team members. 3) Attend plan/document reviews at CITY of Auburn at 15%, 30%, and 90%design review stages: (3 meetings) Assume meetings will be attended by Project Manager and up to 3 team members. 4) Attend over-the-shoulder design focus meetings at CITY of Auburn or CONSULTANT'S office supporting 30%-to-90%design stage to review progress and facilitate consistency with CITY design expectations: (5 meetings) Assume meetings will be attended by Project Manager and up to 3 team members. 5) Prepare public outreach material-color display boards, site specific plans,and or roll plots; and attend public meeting:(1 meeting) Assume meeting will be attended by Project Manager and 2 team members. 6) Attend utility undergrounding meetings with the CITY and PSE to facilitate undergrounding of power lines along F Street SE-one meeting during concept design,one meeting during preliminary design, and two meetings during final design: (4 meetings) Assume meetings will be attended by Project Manager and 1 team member. Deliverables: • Monthly Progress Reports • Project Schedule (MS Project format)-baseline schedule and periodic updates • Attend Project Meetings and prepare Meeting Notes- 11 meetings • Public Meeting display boards and attendance- 1 meeting • Utility Undergrounding Meetings-4 meetings Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 6 of 16 5.2. Quality Assurance Review The CONSULTANT shall implement quality assurance procedures to ensure that all project deliverables are subjected to CONSULTANT peer reviews prior to submittal to the CITY. These reviews shall be conducted under the direction of the CONSULTANT's Project Manager, and will focus on checking the major design elements with respect to adequacy of response to the specific design challenges, conformance to accepted design practices, and compliance with the CITY and State standards. A quality assurance check shall be used to confirm that the design work and drawing presentation follows the CITY standards and that the work is of professional quality meeting the customary standard of care for the type of work in this locale. The CONSULTANT shall include with each submittal a response to the CITY's comments generated from the previous submittal,with an indication either directly on the redlined set or in memo form of the actions taken on each comment. The CONSULTANT shall verify all CITY comments on previous submittals have been addressed (or provide written response as to why the changes have not been made). The CONSULTANT shall return,with each submittal,any agency redlined comments from the previous submittal. Deliverables: • Quality Assurance Reviews • Response to Comments 5.3. Data Collection and Review The CITY will provide the CONSULTANT with all referenced items and services (listed in Work Element 3 above) pertaining to this project. The CONSULTANT shall review the following: a. Review CITY-provided as-built record drawings, plans, maintenance records, reports, and information on the current project, existing facilities, and on public works and/or private projects within the immediate vicinity. Communicate additional needs, if any. Key CONSULTANT project personnel shall visit the project site and familiarize themselves with the site conditions and data collected for the project. The CONSULTANT shall obtain photographs for design reference. The base maps will be field checked by the CONSULTANT and CITY to ensure complete and accurate representation of existing conditions. The CONSULTANT shall also field check the design to assure the design fits the conditions in the field. After review of the above data, the CONSULTANT shall notify CITY of any additional information or clarification required. 5.4. Geotechnical Engineering The CONSULTANT shall provide the following geotechnical scope of services: a. Site Reconnaissance and Field Preparation. Visit the site to evaluate the pavement conditions, locate exploration locations and meet with utility locators. Prepare a traffic control plan and submit it to the City of Auburn for review, comment, and approval. (Phase 1 &Phase 2) Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 7 of 16 b. Traffic Control. Traffic control shall be provided for drilling within the driving lanes in accordance with an approved traffic control plan and construction permit conditions. The CONSULTANT shall prepare a construction permit application and four traffic control plans, and submit them to the City of Auburn for review, comment, and approval. (Phase 1 only) c. Field Exploration. The results of the site reconnaissance and visual pavement evaluations will determine the locations of field explorations. It is assumed that these exploration will be performed on roadway shoulders of F Street SE, where mutually agreed. • Phase 1 will consist of exploratory soils borings drilled to investigate the subgrade soils beneath the pavement. A total of 90 feet of drilling has been budgeted based on an estimated 6 borings drilled 14 to 15 feet deep. Two observation wells with flush mounted monuments will be installed to determine depths to ground water. Traffic control will be provided for drilling within the drive lanes in accordance with an approved traffic control plan and construction permit conditions. Borings will be advanced with a hollow-stem auger, truck mounted drill rig operated by an independent firm working under subcontract. Throughout the drilling operation, soil samples will be obtained at 2 Y2- or 5-foot depth intervals by driving split-spoon samplers in accordance with Standard Penetration Test procedure (ASTM:D-1586)or similar method. Two brief infiltration tests will be performed by filling two of the boreholes with water and measuring the drop in water level. After drilling and testing, each hole will be backfilled with a mixture of soil cuttings and bentonite, and then the surface will be patched with asphalt or concrete (where appropriate). • Phase II of the program will consist of completing two Pilot Infiltration Tests to measure infiltration rates in general accordance with the City's Stormwater Design Manual. d. Laboratory Testing. The CONSULTANT shall conduct a series of laboratory tests on selected soil samples obtained from the explorations in order to evaluate the engineering and index properties of the site soils. These tests will likely include moisture content, grain size distributions, Atterberg limits, in-situ densities and organic matter content, as deemed necessary and appropriate. In addition, two California Bearing Ratio tests will be performed on selected samples for pavement design purposes. (Phase 1 &Phase 2) e. Geologic Interpretation. Research available geologic maps and nearby exploration logs; review laboratory test results; prepare boring logs; and prepare a site and exploration plan. (Phase 1 only) f. Engineering Analysis. • The CONSULTANT shall use projected traffic volumes provided by the City, exploration data, and laboratory test results to develop pavement design sections and verify that the City's standard pavement section will be adequate based on AASHTO pavement design methods. (Phase 1 only) • The CONSULTANT shall analyze the field measured infiltration rate and recommend reduction factors for determining a long-term design infiltration rate for stormwater design. (Phase 1 & Phase 2) g. Report Preparation. The CONSULTANT shall prepare a Geotechnical Engineering Report summarizing the findings, and providing recommendations for paving, stormwater infiltration. The report will be finalized in response to comments provided by the project team. (Phase 1 & updated for Phase 2) Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 8 of 16 Deliverables: • Two Project Meetings (Total Phase 1 & Phase 2) • Site Reconnaissance (Phase 1 &Phase 2) • Traffic Control Plans (Phase 1 only) • Borings Logs (Phase 1 only) • Pilot Infiltration Tests Results (Phase 2 only) • Laboratory Test Results (Phase 1 & Phase 2) • Draft Geotechnical Report (1 Electronic PDF version) (Phase 1 & Phase 2) • Final Geotechnical Report—Sealed by a Professional Engineer licensed in Washington State (1 bound original and 1 electronic pdf) (Phase 1 & Phase 2) 5.5. Topographic Survey and Base Mapping The CONSULTANT shall provide the following survey scope of services: a. Topographic surveying shall be performed between along F Street between and including the intersections of Auburn Way and 4th Street; with survey extending a distance of 50 feet along each intersecting side street, and 200 feet east along 9'h Street. Topographic surveying will also be performed at the intersection of Auburn Way/East Main Street for a distance of 50 feet from the center of the intersection. The CITY will provide previous survey performed at the intersection of Auburn Avenue/East Main Street. b. Horizontal cross-sectional measurements of the roadway shall be obtained at up to 20 locations where specified along the bicycle boulevard alignment. c. Survey Control. The CONSULTANT shall extend published City of Auburn (COA) horizontal and vertical control into the project site. The horizontal datum shall be Washington State Plane coordinates, North Zone NAD-83(91). The vertical datum shall be NAVD-88. d. The CITY's survey department will provide the CONSULTANT with City streets right of way, WSDOT right of way, and railroad right of way within the project limits along F Street SE and 9th Street SE (electronic CAD format). The CONSULTANT will import this data into the project files. e. Utility Locating. The CONSULTANT will contact One-Call Utility Locating to paint out existing underground utilities, and coordinate field work with the CONSULTANT. A CONSULTANT budget of up to$3,200 in third-party utility locating is budgeted to assist with this task, if necessary. f. Topographic Survey. Topographic mapping (total street length approximately 3,000 linear feet) shall consist above ground planimetric features, curbs/gutters, sidewalks, driveways, fences, signs, house numbers, significant landscape elements close behind sidewalks, above-ground utility features, utility paint markings, sewer and storm measure- downs, water valve nut measure-downs, and other pertinent features at locations necessary to support the proposed design. All field data shall be processed in accordance with the City of Auburn CAD standards and sent in AutoCAD as 3D electronic file in .dwg format, as well as a block drawing format. g. Base Maps and Digital Terrain Model (DTM). Topographic survey base maps shall be prepared to City of Auburn standards. Base maps and existing-surface DTM will be developed as a 1'=20' scale file with one foot contours. Deliverables: Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July,2015 Exhibit A—Scope of Services Page 9 of 16 • Survey Control • Third-party utility locating, where mutually agreed • F Street 3D Survey base map electronic files in .dwg file format • F Street Electronic Digital Terrain Model • Bicycle Boulevard horizontal street cross-section measurements 5.6. Environmental Support The proposed project requires compliance with the National Environmental Policy Act (NEPA) and State Environmental Policy Act (SEPA). It is assumed that the CITY will serve as the SEPA Lead Agency and complete all SEPA documentation and provide the completed documentation to the CONSULTANT for inclusion in the DCE form. FHWA/WSDOT will serve as the NEPA Lead Agency. The CONSULTANT shall prepare a Documented Categorical Exclusion Form (DCE)for submittal to WSDOT. The DCE will include design drawings, Endangered Species Act (ESA) documentation, and SEPA exemption letter(prepared by the CITY). The CONSULTANT shall circulate the DCE and associated reports to the CITY for review prior to submitting to WSDOT. The CONSULTANT shall prepare an Endangered Species Act No Effect Letter for CITY review and submittal to WSDOT with the ECS checklist. The CONSULTANT shall attend one environmental kickoff meeting with the CITY and WSDOT staff to discuss the project and the NEPA requirements. This meeting may include a site visit. The CONSULTANT shall prepare a Stormwater Pollution Prevention Plan (SWPPP)in accordance with current CITY format. Deliverables: • Draft DCE Form and supporting graphics (Word and PDF) • Final DCE Form and supporting graphics (Word and PDF) • Draft No-Effect Memorandum (Word and PDF) • Final No-Effect Memorandum (Word and PDF) • Draft SWPPP (Word and PDF) • Final SWPPP (Word and PDF) 5.7. Utility Coordination The CITY will request utility as-builts from franchise utility agencies with underground or overhead facilities that may be affected by the project. The CITY will provide copies of the utility as-builts, a listing of applicable franchise utility contacts, phone numbers, e-mails and addresses to the CONSULTANT. The CONSULTANT shall inform the CITY of any potential or required modifications and/or relocations to existing public and private, overhead and underground utilities necessary to resolve conflicts with proposed improvements. The CITY will provide follow-on coordination of proposed improvements with the various public and private utilities to resolve conflicts. 5.8. Conceptual Design (15%). Level of detail sufficient to represent design options and facilitate the CITY's selection of preferred roadway, drainage, bicycle, pedestrian and Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 10 of 16 intersection design concepts for each element discussed within the PROJECT DESCRIPTION. The CONSULTANT shall: a. Prepare a Design Criteria Memorandum (6 to 10 pages)documenting applicable roadway, drainage, bicycle, pedestrian and utility design standards and criteria which will be utilized for the project design. Incorporate response to comments from CITY staff. b. F Street Roadway Improvements: Layout up to 3 horizontal options (as mutually agreed) showing different methods of establishing proposed roadway, bicycle, and pedestrian uses within the available right-of-way. Consider both pervious and impervious bicycle and pedestrian surface types, and alternative striping and curbing methods to separate uses and surfaces. Layout alternatives at intersections which avoid or minimize the need for additional right-of-way. Consider future locations of water/sewer upgrades and PSE power undergrounding. Each alternative will be represented by a roll-plot and typical roadway section. c. F Street Drainage Improvements: Layout up to 3 options (as mutually agreed)showing different methods of establishing storm drainage flow control and water quality control for new pervious and impervious surfaces within the right-of-way. Anticipated flow control alternatives include detention-only, infiltration-only, and combined detention/infiltration. Perform preliminary detention / infiltration sizing calculations based on preliminary soils data to estimate and compare the relative size and cost of detention versus infiltration alternatives. d. Railroad Underpass: Layout up to 2 options to improve vehicle safety approaching the underpass center-of-roadway pier. e. Cul-de-sac on 9`"Street: Layout up to 2 options for establishing a cul-de-sac or one-way- only access where 9`h Street SE intersects F Street SE. Review Auburn Youth and Community Centers Traffic Report (2015) prepared by Heffron Transportation. Based on traffic report data and recommendations, recommend specific alternatives for design of improvements to the intersection of 9th Street SE and F Street SE (cul-de-sac or other mutually-agreed options)which may be incorporated into the F Street SE project design. f. Bicycle Boulevard: Conduct City staff bike tour(4 hour)along the proposed route with planned stops to discuss opportunities and constraints, using camera to record session, and using bike tour log to capture the group's ideas. g. Conduct City facilities (Downtown and Les Gove facilities)tour(3 hour)to record key building destinations, existing bike parking, and existence of shower/changing rooms, and lockers. h. Layout up to 2 cross-sectional options on each of up to 8 typical roadway segments located along the proposed bicycle boulevard route (maximum of 16 total cross-sections) showing different methods of establishing bicycle route striping between existing curb- lines. i. Layout up to 2 plan view options to improve bicycle passage, safety and visibility at each of the intersections of C Street NW/West Main Street(limited to evaluation of EM movements from the east side of the intersection), Auburn Avenue/East Main Street, Auburn Way/East Main Street, F Street SE/East Main Street(including mid-block crosswalk)along the bicycle boulevard (maximum of 8 total plan view options). j. City Staff Bike Share Initial Meeting (2 hour): Present a spectrum of bike share options, elements and facilities which typically constitute a city bike share program; including questions and relative costs which should be considered in right-sizing and selecting a bike share program. Consider sole-source versus performance-based options for procuring desired bike share infrastructure. Agreement for Professional Services _ F Street Non-Motorized Improvements(Downtown to Les Gove) July,2015 Exhibit A—Scope of Services Page 11 of 16 k. Assist City with conducting online City staff survey to gain an understanding of who and how City staff will use the bike share program, and learn what may help to encourage City staff to use the bike share program. I. Based on City feedback, layout up to 2 bike share program options which support the City's said needs, goals and constraints. Options will include information about type of bikes, locking systems, parking systems, pricing, and scalability. m. City Staff Bike Share Recommendations Meeting (2 hour): Present results of City staff bike share survey and two bike share program options. n. Prepare a Design Alternatives Summary Memorandum which briefly describes each of the options considered above; and briefly summarizes the relative advantages, disadvantages, and costs associated with each option. A design matrix format may be used in lieu of a memo format, if mutually agreed. o. The CITY will select preferred options, or combinations of options, which will be carried forward into 30% design. Deliverables: • Design Criteria Memorandum (draft and final) (Word and PDF) • F Street Roadway and Non-motorized Options (roll plots) • F Street Detention/ Infiltration Options (roll plots) • Railroad Underpass Options (roll plots) • 9th Street Cul-de-sac Options (roll plots) • City Staff Bike Tour and Summary Log of the group's ideas (Word and PDF) • Bicycle Boulevard Preferred Alignment with Intersection Options (roll plot) • City Facilities Tour and Summary Memo (Word and PDF) • City Staff Bike Share Initial Meeting and Summary Notes (Word and PDF) • City Staff Bike Share Survey and Results Memorandum (Word and PDF) • City Staff Bike Share Recommendations Meeting • Design Alternatives Summary Memorandum (Word/Excel and PDF) 5.9. Preliminary Design (30%). Level of detail sufficient to represent the CITY's selected roadway, drainage, bicycle, pedestrian and intersection design concepts for each element discussed within the PROJECT DESCRIPTION and evaluated during Conceptual Design. The CONSULTANT shall: a. F Street Roadway Improvements: Prepare roadway plan-and-profile sheets showing preliminary horizontal and vertical centerline alignments of the selected street, pedestrian and bicycle improvements including the following features: existing survey base mapping, proposed channelization, proposed roadway widening, proposed curbs/gutters, proposed sidewalks, proposed curb ramp locations, proposed bicycle lanes, proposed pervious-and impervious-surfaces, proposed intersection layout, proposed cul-de-sac layout, proposed railroad underpass treatment, water main replacement locations, sewer main replacement locations, and basic dimensions. Assume scale of 1" = 20' H; and 1"= 5' V (based on full-size plan sheet). b. Prepare up to 3 typical roadway sections representing significant roadway, drainage, water/sewer upgrades, and PSE power undergrounding features along segments of F Street SE. Agreement for Professional Services F Street Non-Motorized Improvements (Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 12 of 16 c. F Street SE Drainage Improvements: Prepare drainage plan-and-profile sheets showing preliminary stations, elevations, and sizes of selected detention, infiltration, water quality, collection and conveyance features. Assume scale of 1" = 20' H; and 1" = 5' V(based on full-size plan sheet). d. F Street SE Preliminary Drainage Report: Prepare Preliminary Drainage Report and Calculations summarizing existing and proposed drainage surface areas; and supporting 30% design and sizing of selected detention, infiltration, and water quality design features. e. Bicycle Boulevard: Develop bicycle striping, marking, and way finding and signage plans for the preferred bicycle boulevard alignment based on City's comments from 15% Concept Design Phase. Plans to include alignment plans at 40 scale and enlargement plans at 20 scale of bicycle striping, marking at the following intersections: C Street NW/ West Main Street (limited to evaluation of E/W movements from the east side of the intersection), Auburn Avenue/East Main Street, Auburn Way/East Main Street, F Street SE/East Main Street(including mid-block crosswalk)along the bicycle boulevard (maximum of 8 total plan view options and up to 4 intersection enlargement plans). f. City Bike Share Program Memorandum: Based on City feedback during 15% Conceptual Design, develop a preferred City Staff Bike Share Program. Memorandum to include a preferred type of bike share fleet, locking system, parking system, bike share system amenities, up to 4 bike parking location schematic plans, outline of specifications, preliminary cost range, scalability, and anticipated system maintenance needs. g. Sewer: Prepare sewer plan-and-profile sheets showing preliminary horizontal and vertical layout of sewer replacement between 4`h Street SE and 8'h Street SE. h. Water: Prepare water main plan sheets showing preliminary horizontal layout of water main replacement between 4th Street SE and 8'h Street SE and between 8`h Street/9'h Street Alley and Auburn Way South. Include notes detailing preliminary water main connections. i. Prepare 30% list of quantities and estimate of probable construction costs. Identify standard and non-standard bid items. Assume miscellaneous and contingency cost items will be included at this stage. Deliverables: • Title Sheet(1 sheet) • Legend Sheet (1 sheet) • F Street Roadway Plan-and-Profile Sheets (6 sheets) • F Street Typical Roadway and Utility Sections (1 sheet) • F Street Drainage Plan-and-Profile Sheets (6 sheets) • F Street preliminary alignment cross-sections • Preliminary Drainage Report and Calculations • Bicycle Boulevard Plans and Enlargements (4 sheets) • City Bike Share Program Memorandum (Word and PDF) • F Street Sewer Plan-and-Profile Sheets (1 sheet) • F Street Water Plan-and-Profile Sheets (2 sheets) • 30% Quantities and Construction Cost Estimate (Excel and PDF) 5.10. Final Design PS&E (90%). Prepare construction-ready plans, details, bid items, quantities, special provisions, and estimate for detailed review by CITY staff. Incorporate response to comments from 30% CITY review and design focus meetings. The design documents will be prepared to the level of competency presently maintained by practicing Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 13 of 16 professionals in the field of transportation and utility engineering in Washington State. Design documents will include the following: a. Refine vertical roadway design to closely match proposed roadway edge conditions to existing property elevations, and facilitate storm drainage concept. Generate DTM and prepare Civil 3D design cross-sections (20-foot intervals)showing existing and proposed roadway surfaces. b. Refine sizing and horizontal/vertical layout and elevations for storm drainage collection, conveyance, water quality treatment, and detention/infiltration systems within the project limits. c. Prepare Final Drainage Report and Calculations focusing on design and sizing of selected detention, infiltration, and water quality design features. It is assumed that all on-site drainage conveyance pipes will be 12" diameter, and conveyance pipe sizing calculations will not be required. It is also assumed that future off-site flows will be mitigated by proposed detention, infiltration, and water quality facilities; and no offsite downstream drainage conveyance analysis is required. d. Title Sheet, Index, General Notes, Legend, Symbols, Abbreviations, and Survey Control (3 sheets). e. Refine F Street Typical Roadway Sections (2 sheets). f. Prepare F Street Demolition and Temporary Erosion/Sediment Control (TESC)plan-over- plan sheets and construction notes (3 sheets). g. Refine and prepare F Street Roadway Plan-and-Profile sheets and construction notes (6 sheets). h. Prepare F Street Intersection Details including curb return and curb ramp elevations for approximately 21 intersection quadrants (6 sheets). i. Prepare F Street Miscellaneous Roadway Details-traffic calming, edge mitigation, alleys (2 sheets). j. Prepare F Street Drainage Plan-and-Profile sheets and construction notes, including profiles of storm laterals(8 sheets). k. Prepare F Street Drainage Details-detention, infiltration, and water quality (2 sheets). I. Prepare F Street Channelization and Signing plan-over-plan sheets and construction notes (3 sheets). m. Prepare F Street at Auburn Way Traffic Signal Modification - pedestrian signal and vehicle/bicycle detection elements only (2 sheets). n. Prepare F Street Illumination plan-over-plan sheets, construction notes, and details (4 sheets)-provide illumination calculations in a separate package. o. Prepare Bicycle Boulevard Channelization and Signing plan-over-plan sheets, construction notes, and details of preferred bicycle boulevard alignment(8 sheets). p. Prepare Bicycle Boulevard Detail Sheets (2 sheets). q. Prepare City Bike Share Performance Specifications including bike fleet, bike rack/docking station, signage, kiosk, helmets, system map, helmet distribution box, and repair station. r. Prepare Bicycle Boulevard and City Staff Bike Share Branding Memorandum including up to 3 logo options and brand names. s. Prepare F Street sewer main plan-and-profile sheet and construction notes. t. Prepare F Street water main plan-and-profile sheets, water main connection details, and construction notes. Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 14 of 16 u. Prepare F Street power undergrounding plans and typical sections showing proposed trench locations, trench sizes, conduits, vault locations, and backfill requirements. Prepare separate schedule of bid items, special provisions, quantities and estimate associated with power undergrounding items of work. v. Prepare Proposal Bid Items in CITY standard format. w. Prepare Specifications and Special Provisions in CITY standard format (Div. 0 through 9 and Appendices). x. Calculate Final Bid Quantities for Proposal Bid Items. y. Prepare Estimate of Probable Construction Costs for Proposal Bid Items. z. Perform Senior in-house 90% Quality Assurance and Constructability Review, and incorporate response to comments. Perform "plans-in-hand"field review. Document findings of review in "red-line" and/or written format. Deliverables: • Final Drainage Report and Calculations • Title Sheet(1 sheet) • General Notes, Legend, Symbols, Abbreviations, and Survey Control (3 sheets) • F Street Typical Roadway Sections (2 sheets) • F Street Demolition and TESC Plans (3 sheets) • F Street Roadway Plan-and-Profile Sheets (6 sheets) • F Street Intersection Details (6 sheets) • F Street Miscellaneous Roadway Details (2 sheets) • F Street Drainage Plan-and-Profile Sheets (8 sheets) • F Street Drainage Details (2 sheets) • F Street Channelization and Signing Plans (3 sheets) • F Street at Auburn Way Traffic Signal Modification (2 sheets) • F Street Illumination Plans (4 sheets) and Calculations • Bicycle Boulevard Channelization and Signing Plans (8 sheets) • Bicycle Boulevard Detail Sheets (2 sheets) • City Bike Share Details and Specifications (4 sheets) • Bicycle Boulevard and City Staff Bike Share Branding Memorandum • F Street Sewer Plan-and-Profile Sheets (1 sheet) • F Street Water Plan-and-Profile Sheets and Connection Details (2 sheets) • F Street Power Undergrounding Plan and Typical Section Sheets (5 sheets), Bid Items, Special Provisions, Quantities, and Estimate • Proposal Bid Items • Estimate of Probable Construction Costs 5.11. Final Design PS&E (99%) Check Set. a. Prepare Final Documents incorporating responses to 90% PS&E comments from CITY staff. b. Perform Senior in-house 99% Quality Assurance Review. c. Transmit 99% Design Plans, Project Specifications, Special Provisions, and Estimate of Probable Construction Cost to CITY for final review. Assume CITY's review at this stage is for the purpose of verifying that comments transmitted at 90% completion stage were incorporated into the 99% documents, as mutually agreed. "Additional"design comments will be minimal. Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July,2015 Exhibit A—Scope of Services Page 15 of 16 Deliverables: • 99% Design Plans (Electronic PDF) • 99% Contract Specifications and Special Provisions (Word format) • 99% Proposal Items and Estimate of Probable Construction Cost (electronic Microsoft Excel format) 5.12. Final Bid Documents (100%). a. Prepare Final (Bid-ready) Construction Documents incorporating responses to 99% PS&E check set comments from CITY staff. Assume PS&E package is final at this stage and no"additional"comments will be generated. b. Transmit Final (sealed/stamped and signed) Full sized Design Plans, Contract Documents, and Estimate of Probable Construction Cost to CITY for reproduction and bid advertisement. c. The CITY will provide reproduction of Construction/Bid Documents, and will transmit 1 full-size and 2 half-size copies of plans to the CONSULTANT. Deliverables: • Final Plans (22-inch by 36-inch original on polypropylene, sealed by a Professional Engineer licensed in Washington State, not photocopied, and electronically in AutoCAD 2012 format with all external references bound) • Final Contract Documents (1 camera-ready original sealed by a Professional Engineer licensed in Washington State and electronic files in both PDF and DOC format) • Engineer's Estimate of Probable Construction Cost(1 camera-ready original sealed by a Professional Engineer licensed in Washington State and electronically in both CITY standard XLS format and PDF) • Quantity take off sheet(electronically in XLS format) It is mutually agreed that any cost estimate provided by CONSULTANT will be on a basis of experience and judgment, but since the CONSULTANT has no control over market conditions or bidding procedures, the CONSULTANT cannot warrant that bids or ultimate construction cost will not vary from these cost estimates. 5.13. Future Additional Services. The following services are anticipated and may be added to the AGREEMENT at a future date if necessary: a. Right of way acquisition b. Assistance during bidding c. Construction engineering d. Construction surveying e. As-built drawings Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) July, 2015 Exhibit A—Scope of Services Page 16 of 16 Exhibit B DBE Participation Not applicable. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/30/2014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data See attached scope of work. B. Roadway Design Files See attached scope of work. C. Computer Aided Drafting Files See attached scope of work. Aereensm Number: AG-C-468 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant Sec attached scope of work. E. Specify the Electronic Deliverables to Be Provided to the Agency See attached scope of work. F. Specify What Agency Furnished Services and Information Is to Be Provided See attached scope of work. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 II_ Any Other Electronic Files to Be Provided See attached scope of work. III. Methods to Electronically Exchange Data See attached scope of work. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite See attached scope of work. B. Electronic Messaging System Sec attached scope of work. C. File Transfers Format Sec attached scope of work. WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 Exhibit D Prime Consultant Cost Computations See attached Exhibit D. Aereement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 OD n ry CO m a N CO m m CO m m N m ry m m a I■ N N ^ a m n a m ° - N ^ o n N m m N N I• M N m o m o N I " v N ° " N w I N o .n m M mN N N N N N M N I O O N 1 n a °oa ° e 4 '' a N m n 1 m m r ° m a a Iry m a 1 2 Ia. a` E � ° E R o m E Q N -Q0 U w 1 173 m U gklaND 79U ma N 1 I `v Er to E.'dmm 2 N W t N- 2, N o qf..0' o� N _ v I v W u a vmo W_ N I C W m - C a • co w oy L m` I o N c) `O ° vEFm m m _C 5§1 W m a I _ l e co e y O W.. N O ct ° I a m � E oa°aN I a n e m m e 0 e e a Ill W ° aw°L N e a N I m a k o a"E• O I m m 0 m N m 'o. 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'6652 8 2 62 0m00 IQ c'21 ' n 6I z Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. See attached Exhibit E. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014 CO t00 00 0 OC o o N °v °v CO r- cco o 0 Q co 0 o CC O• an O N M O r 0 N W CO CO `- (0 p ' N U v m o 0 n n N- m n N co- co c> v o n 1693 w w :n «» w w w w w w w w e» » w w 1 N I O in (0 v N- 0 n m o O N- cn 0 (0 v 0 n N O n N N M N r N N cO (0 N f7 N N E E C c0 F E E 4 E N o 0a a6 O I a L g 0 01 O co E 0 O N O CO O V Q Q 0 w 1 W O •ra C C p C O fff������ O N N O E O p N N _ co N co 0- N a To N O 1 a V O > C co E a N ( V N CO W CO W(O .0 V m 0 O i I 1 c m c x C 2 N N (q N �' O'Y=1 a N V N co V N CO N CO CO CO V co 00 (o m o X CS (-5 aw °v n m o c a m 9 I O a.) 0 no ' 5 m n or O 0 0 ._ c0 CO r r r r V N V N N o v < ' a » O 0 J U c L gN U L O o E 7 c K H - 7 C 0 O i E O o Oct -0 L-' O O , o. CO -a N C O y O N M N 0 O O N 15 N 3 O CO N . 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O10 Lc) 1 0 O O O O O OHO O.O O N ca rN 64 w 64(»619»M x6964 ea 69 6969;e»I696 C <0 a a i F rc fai G • • 1 co d 0 v Na. ( 1 o I V v I Wi L 2' � [ off I .0 Dltx a � 222222c2 a LL a u a o o }- 1'ir x 0 0 0 O.O O 010 d U N_ E AMEC Sub-Consulting Budget Geotechnical Engineering F Street SE,Auburn,Washington Phase I:F Street SE Improvements 23-Jun-15 Breakdown of Labor Costs Pers onnel a(nd H ourly Rates Per Category / e P' a ' otcA �ie` GO ��S\ O; 6 tma // Task Description $75.00 $64.00 $42.00 842.00 $32.00 $31.00 $25.00 Contract and subcontract setup 2 _ 2 2 Review plans and utility locations 2 Site reconnaissance 4 4 Preparation for field work 4 2 Dig backhoe test pits(0 day) PITs(2 days) Drill borings(2 days) 2 20 Plan and review lab testing 1 2 Boring logs,site plans,cross-sections 3 a 4 Engineering Analysis 8 8 Report Preparation 2 8 16 4 4 Review Plans and Specs Meeting with Jacobs and City 4 Project Management 8 4 Subtotal 2 [ 40 0 58 8 10 10 Total Labor Costs per Level $150 $2,560 $0 $2,436 $256 $310 $250 Total Labor Costs 5,962 AMEC Expenses O°ac J� /1/, / Mileage 200 mile $0.56 $111 Field supplies 1 LS $50 50 Each $100 0 Markup @ 0% 0 ISubtotal Expenses 8161 Laboratory Testing /`� Gp9 CAS: c oa Moisture 12 Each $20 $240 Grain size 6 Each $110 $660 Organics 2 Each $100 $200 Cation exchange 2 Each $50, $100 Hydraulic conductivity Each $400 $0 California bearing ratio 2 Each $500 $1,000 Markup @ 0% $0 Subtotal Laboratory S$200 Exploration Subcontractor Expenses /'aa c`/JC J�6 /oa NW Excavating 0 nay(test pits) 0 days $1.500 SO NW Excavating 2 days PITs 0 days $2,100 $0 Drilling 2 days(110') 1 Estimate $6,700 $6,700 Traffic Control 2 days $600 $1,200 Markup @0% $ - 'Subtotal Subcontractor Expenses $7,900 DIRECT LABOR COST $5,962.00 OVERHEAD @ 167.11 $9,963.10 PROFIT @028 81,669.36 EXPENSE SUBTOTAL 810,261.00 TOTAL COST ESTIMATE $27,855 AMEC Sub-Consulting Budget Geotechnical Engineering F Street SE,Auburn,Washington Phase II:F Street SE 23-Jun-1S Breakdown of Labor Costs Personnel and Hourl Rates Per Category 0. eCCOt `ose` e `3 get 4.�0,\ Joa)) ee/ Task Description $75.00 $64.00 $42.00 $42.00 $32.00 $31.00 $25.00 Contract and subcontract setup 1 2 Review plans and utility locations I 2 Site reconnaissance 4 Preparation for field work 2 2 Dlg backhoe test pits(0 day) PITs(2 days) 1 16 Drill borings(2 days) Plan and review lab testing 1 Test pit logs,site plans 1 4 2 Engineering Analysis 1 6 4 Report Preparation 1 6 4 2 Review Plans and Specs 4 4 Meeting with Jacobs and City 4 Project Management 6 4 Subtotal 2 30 0 22 22 3 8 Total Labor Costs per Level S150 $1,920 S0 $924 $704 S93 $200 Total Labor Costs 3,991 AMEC Expenses ode` Je Je GO o Mileage 200 mile $0.56 5111 Field supplies 1 LS $50 SO Each $100 0 Markup @ 0% 0 [Subtotal Expenses 57611 Laboratory Testing 1/ SI P *c". / Moisture 4 Each $20 $80 Grain size 4 Each $110 $440 Organics 2 Each $100 $200 Cation exchange 2 Each $50 $100 Hydraulic conductivity 0 Each 5400 $0 California bearing ratio 0 Each $500 $0 Markup @ 0% $0 [Subtotal Laboratory $8201 Exploration Subcontractor Expenses 0,//J J 00/oe NW Excavating 0 day Hest pits) 0 days $1,500 SO NW Excavating 2 days PITs 2 days $2,500 $5,000 Drilling 2 days(110') 0 Estimate $0 SO Traffic Control 0 days 5600 S0 Markup @0% $ - I Subtotal Subcontractor Expenses 55.0001 DIRECT LABOR COST $3,991.00 OVERHEAD @ 167.11 $6,669.36 PROFIT @0.28 $1.117.48 EXPENSE SUBTOTAL $5,981.00 TOTAL COST ESTIMATE $17,759 0 oI ° i o to ° ^ V o e U 'n 2i I N I N o m ° i'4 * N U'n'n'U a W w N P � O O � :0 O PI O N N N N O C I 1111 � , 0 ° E � H LL I t Z II Z N- N m ° •I11� N e N w en o N w C co y iil . - -. _ I 11131. w ® h N O HHN O HHH O Q m 11111: jCw � M�m �V3 t9fA t9 fA f9 f9iR I 1 t E r ;III z d s N C 0, ;2 to V C �d O O a i� 01 > 3 0, U ro i' Ot Y 4 c O • C O y I......11 Q ' T . c m m .. N E m y l m N m u D ° 2 J I I d N c • • d ; C C � O O d d E O. CO N I p� I d d c U - wry H a O 'n td.+ EE • W r C d O ' N 1 d 2 N L O W o , t I 2 2 U a 0 d 3� 3 a N z ^ N I ■ N co E 4 m ` — — — io 4 o- 4 w ,. 0. n 1 F Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: L Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, 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 AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT 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 AGENCY, the STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Jacobs Engineering Group, Inc. whose address is 600 108th Ave NE Suite 700, Bellevue, WA 98004 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the City of Auburn and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Jacobs Engineering Group, Inc. Consultant(Firm Name) "c7ri<6,2' Signature(Authorized Official of Consultant) Date Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. 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 (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of 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 anti-trust 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 (I)(b) of this certification; and D. Have not within a three (3) year period preceding this application/ proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. 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. Jacobs Engineering Group, Inc. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, a officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Jacobs Engineering Group, Inc. Consultant(Firm Name) 004 t7/ ) Signature(Authorized Official of Consultant) Date Aereement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Project CP I416: F Street SE Non-Motorize * are accurate, complete, and current as of 7/ 7//y This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Jacobs Engineering Group, Inc. C3k9/J4i S "A" Signature Titi Date of Execution***: *Identify the proposal.quotation.request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and yeas of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$N/A • Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed S I million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $N/A • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 10/30/2014 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 10/30/2014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 10/30/2014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FEI WA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove • the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Aereement Number: AG-C-468 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 WiaWashington State Department of Transportation Supplemental Agreement Organization and Address N umber 4_ Jacobs Engineering Group 600 108th Ave NE,Suite 700 Original Agreement Number Bellevue,WA 98004 AG-C-468 Phone: 425.452.8000 Project Number Execution Date Completion Date CP1416 July 22, 2015 December 31, 2020 • Project Title New Maximum Amount Payable F Street SE Non-Motorized Improvements $ 588,294.00 Description of Work Planning,conceptual design;intermediate design;final design;geotechnical engineering;topographic surveying and mapping;environmental support;right-of-way support; and preparation of construction plans,specifications,and construction cost estimates,and construction assistance for improvements including roadway widening, reconstruction,and associated improvements along F Street SE between Auburn Way South and 4th Street SE;and bicycle boulevard improvements connecting C Street NW and the Les Gove community facilities. The Local Agency of The City of Auburn desires to supplement the agreement entered in to with Jacobs Engineering Group and executed on July 22, 2015 and identified as Agreement No. AG-C-468 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See attached Scope of Work Exhibit A-1. I I Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31, 2020 III Section V, PAYMENT, shall be amended as follows: The amount of this supplement is $77,821.00. The new Maximum Amount Payable amount is $588,294.00. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: Jeff D. Benson. Manager of Projects By: Nancy Backus. City Mayor PC . Consultant Signature `Approving •rity Signature \ ate DOT Form 140-063 Revised 09/2005 EXHIBIT A-1 SUPPLEMENTAL SCOPE OF WORK During the term of this AGREEMENT, Jacobs Engineering Group, Inc. (CONSULTANT) will perform supplemental professional services for the CITY of Auburn (CITY) in connection with the following project: Project AG-C-468 — F Street SE Non-Motorized Improvements (Downtown to Les Gove) 1. SUPPLEMENTAL PROJECT DESCRIPTION The following scope of work elements are supplemental to the original scope of work, authorized in July 2015. Also documented herein are original scope of work elements which are no longer necessary, and are therefore de-obligated from the scope of work. Changes to the scope of work are generally described as follows: Additional Scope Items • The non-motorized design concept originally selected for F Street(between Auburn Way and 4th Street) included shared on-street bike lanes (sharrow lanes), plus sidewalks and landscaping along each side. On-street parking was also included along one block southbound. These improvements were designed to approximately 90% completion, but were then ultimately turned down for construction-grant funding due to lack of separated bicycle facilities. • To make the project more competitive for construction-grant funding, the F street improvements concept drawings, plans, details, quantities and estimate were revised to include a narrower sidewalk along the west side, and a 12-foot wide mixed-use (bike-and- pedestrian) path along the east side separated by landscaping. Two more blocks of on-street parking were also added. This revised concept was ultimately successful in receiving construction-grant funding. • Curb bulb-out and ramps are added to the southwest corner of W Main Street at B Street associated with the bicycle boulevard. • Rectangular rapid flashing beacon (RRFB) pedestrian signals are added at two intersection locations; along with minor modifications to the vehicle traffic signal at 4th Street. • Traffic control and detour plans are added to the plan set. • Assistance during bidding services are added. • Construction period services are added. • Project closeout services are added. De-Obligated Scope Items • Unperformed services associated with the City Staff Bike Share Program are removed from the scope of work. • Unperformed services associated with geotechnical infiltration testing are removed from the scope of work. • Unperformed services associated with cul-de-sac at 9th Street are removed from the scope of work. Supplemental Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) October,2019 Exhibit A-1 —Supplemental Scope of Work Page 1 of 5 2. SUPPLEMENTAL ASSUMPTIONS This supplemental scope of work is based on the following additional and/or new assumptions: a. Budget for the project scope is based on an updated project design schedule of approximately 48 months, commencing with original notice-to-proceed. b. See "Items and Services to be Furnished by CITY" below. 3. SUPPLEMENTAL ITEMS AND WORK TO BE FURNISHED BY CITY The CITY will provide the following items and services to the CONSULTANT which will facilitate the supplemental work to be undertaken for project: a. The CITY will provide final property acquisition services. b. The CITY will provide supplemental topographic survey at the intersection of Main Street/B Street supporting design of curb bulb-out and ramps. 4. SUPPLEMENTAL DESIGN CRITERIA. No supplemental design criteria are proposed. 5. SUPPLEMENTAL or DE-OBLIGATED WORK TASKS 5.1. Project Management and Coordination The project design schedule is updated to approximately 48 months. 5.2. Geotechnical Engineering Phase II geotechnical geotechnical work consisting of Pilot Infiltration Tests to measure infiltration rates is removed from the scope of work. 5.3. Topographic Survey and Base Mapping No supplemental services are proposed. 5.4. Environmental Support No supplemental services are proposed. 5.5. Utility Coordination No supplemental services are proposed. 5.6. Conceptual Design (15%). Mixed use path concept redevelopment. The CONSULTANT shall: a. Update 15% design concept to include a sidewalk along the west side, a 12-foot wide mixed-use (bike-and-pedestrian) path along the east side, landscaping, and two additional blocks of on-street parking along the west side. Revise mixed use path concept to include preliminary comments from the CITY. b. Update storm drainage surface type/area calculations. Supplemental Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) October, 2019 Exhibit A-1 —Supplemental Scope of Work Page 2 of 5 5.7. Preliminary Design (30%). a. City staff bike share program and bike share infrastructure improvements are removed from the scope of work. (Bicycle boulevard improvements remain within the scope of work.) 5.8. Final Design PS&E (75% and 90%). Mixed use path design re-development: a. Prepare Intermediate 75% design-level roadway, drainage, and water main design, plans, quantities and estimate incorporating elements of mixed use path re-development. The CITY will provide"over-the-shoulder" review of 75% roadway plans, and comments which will be addressed and incorporated by the CONSULTANT into the 90% design deliverables. b. Prepare Intermediate 90% design-level roadway, drainage, water main, utility, and illumination design, plans, quantities and estimate incorporating elements of mixed use path re-development. Address and incorporate 75% comments provided by the CITY. 90% plan deliverables are based on those outlined in the original scope of services. c. Incorporate new bicycle boulevard curb bulb-out and-ramps at the intersection of Main Street/B Street. d. Incorporate RRFB's on F Street at intersections of 8th Street and 6th Street into final design and plans. e. Incorporate temporary traffic control and pedestrian detour plans into final plans. f. City staff bike share program and bike share infrastructure improvements are removed from the scope of work. 5.9. Final Design PS&E(99%) Check Set. No supplemental services are proposed. 5.10. Final Bid Documents (100%). No supplemental services are proposed. 5.11. Assistance During Bidding (Optional*). a. The CITY will advertise for bids and distribute bid sets to prospective bidders. b. (Optional*)The CONSULTANT shall assist the CITY during the bid period to answer any questions that arise concerning the PS&E documents, and to assist the CITY in preparing any addenda required, as request by the City. Any questions that were a result of inadequacy or errors in the advertised contract plans, as provided by the CONSULTANT, shall be addressed by the CONSULTANT at no charge to the City. Assume up to 24 staff hours are budgeted to perform this task. c. (Optional*)The CONSULTANT shall prepare up to one (1)4-to 6-page addendum if modifications to the contract documents are deemed warranted by CITY during the bidding process. The CONSULTANT shall address comments on any addenda that were a result of inadequacy or errors in the advertised contract plans, as provided by the CONSULTANT, at no charge to the City. Assume one 2-week bidding period. Supplemental Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) October,2019 Exhibit A-1 —Supplemental Scope of Work Page 3 of 5 Deliverables: • (Optional*) Response to Bidder's Questions • (Optional*)Addenda (up to 1) 5.12. Construction Period Services (Optional*). a. (Optional*)Attend up to one (1) on-site meeting and/or special inspection to review and provide input on the progress of the construction work. Provide discussion with CITY staff and transmit notes documenting significant aspects of the project work, and any inconsistencies relative to the design documents. Assume visit will performed by Project Manager or Project Engineer. b. (Optional*) Respond to requests for information (RFI's)from the CITY during the course of construction. Transmit responses to the CITY in written and/or plan format. Assume up to 7 staff hours are budgeted to perform this task. Any information requests that were a result of inadequacy or errors in the advertised contract plans, as provided by the CONSULTANT, shall be addressed by the CONSULTANT at no charge to the City. c. (Optional*) Prepare and provide revised (stamped and signed)design and plan sheets in response to changes requested by the CITY during the course of construction. (Examples of such change may include adjustment of storm drainage around underground utilities, where their locations during design were unknown; alternative designs requested by the Contractor and agreed by the CITY; and other similar items.) Assume up to 11 staff hours are budgeted to perform this task. Any needed revisions that were a result of inadequacy or errors in the advertised contract plans, as provided by the CONSULTANT, shall be addressed by the CONSULTANT at no charge to the City. Deliverables: • (Optional*)Attendance at Meetings/Special Inspections—up to 1 meeting • (Optional*) Respond to RFI's—up to 7 hours (format as requested) • (Optional*) Provide Revised Plan Sheets—up to 11 hours (format as requested) 5.13. Project Closeout and As-builts (Optional*). a. Electronic Data Transfer. At the completion of construction, the CONSULTANT shall provide the CITY with electronic files of all design files, base maps, plans and similar contract documents. Documents will be provided in AutoCAD 2016 (.dwg format), PDF formats, Microsoft Word, or Microsoft Excel or as otherwise applicable. b. Archiving. At the completion of construction, the CONSULTANT shall archive all project files and maintain for a minimum of three years. c. Prepare Record ("as-built") Drawings, and transmit(signed) Polypropylene originals and digital files to the CITY. Assume the CITY will provide inspector's reports and records, as required, and redlined markups of construction drawings. The CITY will provide the original Polypropylene drawings for CONSULTANT'S use in preparing record drawings.The CONSULTANT shall prepare both handwritten and electronic copies. Assume up to 30 staff hours are budgeted to perform this task. Supplemental Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) October,2019 Exhibit A-1 —Supplemental Scope of Work Page 4 of 5 Deliverables: • Electronic Plans and Design Files • Prepare Record Drawings—up to 30 hours (1 full-size original signed Electronically in AutoCAD and PDF format with all external references bound) Supplemental Agreement for Professional Services F Street Non-Motorized Improvements(Downtown to Les Gove) October,2019 Exhibit A-1 —Supplemental Scope of Work Page 5 of 5 EXHIBIT A SUPPLEMENTAL FEE ESTIMATE IF Street Non-Motorized Improvements Direct salary rates shown are approximately average over the previous performance period. Only key staff are shown and other staff may work on and charge to the project as needed by the project manager. Project PE and Project Design Design Design Role Mana.er QA/QC En.ineer En.ineer En.ineer En.ineer Name Tim Brian Collin Brooksie Jaedi Title Sr.PM PE PE EIT PE PE Direct Rate $79.00 $40.00 $40.00 $34.00 $63.00 $56.25 Work Task Hours Cost Extended Project Administration(added 25 months) 70 $5,140.00 -- Monthly Project Administration 40 40 $3,160.00 --- Monthly Project Coordination 20 10 30 $1,980.00 15%Mixed Use Path Concept Re-Development 80 $3,746.00 --- Prepare Mixed Use Path Concept 8 L 6 28 42 $1,992.00 — Update drainage surface area calculations 2 2 8 12 $558.00 _LI --- Revise Mixed Use Path Concept 4 4 18 26 $1,196.00 Mixed Use Path 75%Plans Development 638 $26,000.00 Update construction centerline,profile,and roadway 8 32 40 $1,600.00 surface in Civil 3D — Update edge-and planter-grading in Civil 3D 2 6 24 32 $1,358.00 — Update driveway grading and plans 2 4 16 4 26 $1,094.00 — Update intersection grading and plans 4 16 64 16 100 $4,060.00 -- Update typical roadway sections 2 4 12 12 30 $1,206.00 — Update roadway plan-and-profile sheets 4 12 24 24 64 $2,572.00 Update storm drainage collection/conveyance and plan 4 40 12 20 76 $3,076.00 sheets — Update channelization and signing plan sheets 2 6 20 10 38 $1,538.00 Shift mixed use path west to minimize easements;update— 4 12 32 24 72 $2,892.00 grading,plans,and sections Cost Estimate Prepared on: 10/7/2019 Exhibit A Page 1 of 5 EXHIBIT A SUPPLEMENTAL FEE ESTIMATE Project PE and Project Design Design Design Role Manager QA/QC Engineer Engineer Engineer Engineer Name Tim Brian Collin Brooksie Jaedi Title Sr. PM PE PE EIT PE PE Direct Rate $79.00 $40.00 $40.00 $34.00 $63.00 $56.25 Work Task Hours Cost --- Update and coordinate easement line work 4 8 12 $636.00 -- Update roadway and edge condition details 4 8 20 12 44 $1,844.00 — Update demolition and TESC plans 4 16 4 24 $936.00 -- Update sewer and water plan-and-profile sheets 8 4 4 16 $616.00 — Update quantities and estimate 4 12 24 24 64 $2,572.00 Mixed Use Path 90%Plans Development 252 $10,272.00 Respond to and incorporate 75%Plan Comments from 8 36 1 36 24 104 $4,328.00 City -- Re-Develop 90%Plans, Details,and Estimate 8 32 60 48 148 $5,944.00 New Curb Ramps at Main Street I Railroad 24 $900.00 Prepare curb ramp grading and plan 2 12 10 24 $900.00 F Street RRFB's and Signal 66 $3,834.00 — Prepare 30%RRFB plans 8 16 24 $1,404.00 — Address 30%RRFB comments 2 6 8 $463.50 — Prepare 99%and 100%RRFB plans 2 10 12 $688.50 --- Modify traffic signal heads at 4th 2 8 10 $576.00 — QA/QC and response 4 8 12 $702.00 Traffic Control Plans 28 $1,000.00 — Prepare 99%traffic control and detour plans 6 16 22 $784.00 — Prepare Final traffic control and detour plans 2 4 6 $216.00 Assistance During Bidding(Optional Service) 10 $478.00 -- Answer questions from City during bidding. I I 1 I I 4 I I 5 $239.00 Cost Estimate Prepared on: 10/7/2019 Exhibit A Page 2 of 5 • EXHIBIT A SUPPLEMENTAL FEE ESTIMATE Project PE and Project Design Design Design Role Manager QA/QC Engineer Engineer Engineer Engineer Name Tim Brian Collin Brooksie Jaedi Title Sr. PM PE PE EIT PE PE Direct Rate $79.00 $40.00 $40.00 $34.00 $63.00 $56.25 Work Task Hours Cost Prepare Addenda, if necessary,to clarify answers to 1 4 5 $239.00 bidder's questions. Construction Period Services(Optional Service) 20 $964.50 -- Attend up to 1 meeting and/or special inspection. 2 2 $158.00 — Respond to RFI's. 2 4 1 7 $374.25 Prepare revised design and plan sheets in response to 2 4 4 1 11 $432.25 changes requested by the City. Project Closeout 36 $1,272.00 -- Prepare Record("as-built")Drawings. 6 24 1 30 $1,056.00 --- Electronic File Transfer and Archive 2 4 6 $216.00 Total Hours 0 132 232 504 288 18 50 01,224 Labor Costs $0 $10,428 $9,280 $20,160 $9,792 $1,134 $2,813 $0 $53 606.50 Salary Escalation (Assume approximately 10%of effort escalated by 20%) $1,072.13 _AI Overhead Rate 109.56% $59,905.91 - Fee(as a%of direct labor) Rate 28.00% $15,310.02 Total Labor Cost Rate $106.12 per Hr. $129,895 Miscellaneous Expenses: Reimbursable Subconsultants: Subs Item Cost Firm Cost Federal Express/Courier $0 RW Plan Revisions-Parametrix $5,645 Phone $0 $0 2thM= $0 $0 $0 $0 Graphic supplies $0 $0 Photography $0 $0 Travel expenses(mileage) $101 $0 Reproduction $100 $0 Traffic counts $0 $0 Cost Estimate Prepared on: 10/7/2019 Exhibit A Page 3 of 5 EXHIBIT A SUPPLEMENTAL FEE ESTIMATE Project PE and Project Design Design Design Role Manager QA/QC Engineer Engineer Engineer Engineer Name Tim Brian Collin Brooksie Jaedi Title Sr. PM PE PE EIT PE PE Direct Rate $79.00 $40.00 $40.00 $34.00 $63.00 $56.25 Work Task Hours Cost Traffic accident data $0 $0 Other $0 $0 Other $0 Other $0 Total Subconsultants $5,645 Other _ _ $0 Other $0 Other _ _ $0 Other _ $0 Total Supplemental Work $135,741 Other $0 Total Deobligated Amount* -$57,920 Total Reimbursable Expenses $201 *See next page for calculations Total for Supplement No.4 $77,821 Cost Estimate Prepared on: 10/7/2019 Exhibit A Page 4 of 5 EXHIBIT A SUPPLEMENTAL FEE ESTIMATE (DEOBLIGATION) �F Street Non-Motorized Improvements I I Direct salary rates are effective from October 2014 through October 2015. Only key staff are shown and other staff may work on and charge to the project as needed by the project manager. Quality Project Project Project Design Civil Civil CAD/ Env. Env. Contract Role Assurance Mana.er Mana.er En.ineer En.ineer En.ineer En.ineer Gra.hics Mana.er Mana.er Biol..ist Admin. Name Jeannette Kevin Tim Andrea Collin Aaron Brooksie Elizabeth Jason Jennifer Scott Dawn Title Sr.Engr. Principal Sr.PM PE EIT PE PE CAD Sr.PM PM BIO Admin. Direct Rate $71.96 $94.88 $71.75 $50.06 $29.93 $54.68 $50.35 $46.48 $84.13 $56.68 $52.88 $57.01 Work 1Hsk Hours Cost 5.9 Preliminary Design(30%) 4 $243.62 f Prepare City Bike Share Design Memorandum 2 1 2 I I I I _-- - 4 $243.62 5.10 Final Design PS&E(90%) 12 $774.24 q Prepare Bike Share details and specifications 4 4 8 $487.24 r Prepare Branding Memorandum 4 4 $287.00 Total Hours 0 0 10 6 0 0 0 0 0 0 0 0 16 $0 $0 $718 $300 $0 $0 $0 $0 $0 $0 $0 $0 $1,017.86 Salary Escalation (Assume 4%escalation on 50%of contract labor) $20.36 Overhead Rate Rate 109.56% $1,137.47 Fee(as a%of direct labor) Rate Rate 28.00% $290.70 Total Labor Cost Rate Rate per Hr. $2,466 Miscellaneous Ex,-nser Reimbursable Subconsultants: Subs Item Cost Firm Cost Federal Express/Courier $0 ALTA Planning•Design - $37,695 Fax _ $0 AMEC Geotechnical-Phase 2 Budget $17,759 Graphic supplies $0 $0 Photography _ _ - _ $0 _ _ $0 Travel emenses(mileage) _ $0 $0 Reproduction $0 $0 Traffic counts $0 _ - - _ - $0 Traffic accident data _ $0 _- _ $0 Other - $0 - $0 • Other - $0 Other $0 Total Subconsultants 555.454 Other - $0 Other - -$0 Other _ — -- _$0 Other $0 Other $0 Total Reimbursable Expenses $0 TOTAL DEOBLIGATED AMOUNT S57,920 Cost Estimate Prepared on:10/7/2019 Exhibit A Page 5 of 5 REAL PROPERTY VOUCHER AGREEMENT 'AGENCY NAME I HEREBY AGREE TO THE TERMS AND CONDITIONS City of Auburn LISTED BELOW AND CERTIFY UNDER PENALTY OF Public Works Department PERJURY THAT THE ITEMS AND AMOUNTS LISTED 25 West Main Street HEREIN ARE PROPER CHARGES,THAT THE SAME OR Auburn, Washington 98001 ANY PART THEREOF HAS NOT BEEN PAID,AND THAT I Phone: 253-931-3010 AM AUTHORIZED TO SIGN FOR THE CLAIMANT: GRANTOR or CLAIMANT (Sign in ink) Sergiy Krasnovsky 24018 SE 11th PI By: Sed FC' t)fihy Sammamish, WA 98076 lOwner/Authorized Representative Date: 0,J / SSN/Tax ID: 06 — gi— 2-751 3 PROJECT NUMBER: CP1416 TAX PARCEL NUMBER: 711650-0925 TITLE: F Street SE Non-Motorized Improvements PROJECT PARCEL NUMBER: 711650-0925 In Full, Complete and Final Payment and Settlement for the Title or Interest Conveyed or Released, as Fully Set Forth in the attached Document: Dedication Deed Dated: N/A Easement Dated: N/A AMOUNT Temporary Construction Permit Dated: N/A Temporary Construction Easement Dated: G;2..q For All Lands Conveyed: 514 SF IN TEMPORARY CONSTRUCTION EASEMENT + $620.00 For All Improvements Conveyed: For All Damages: +$ Statutory Evaluation Allowance: +$ JUST COMPENSATION $620.00 Legal/Administrative: FINAL SETTLEMENT $620.00 Other Items: SUBTOTAL $620.00 Deductions: $ TOTAL DEDUCTIONS � // TOTAL AMOUNT TO BE PAID: $620.00 Cfie '4 Zvi e " �.7 US��v2 Acquisition Agent: CERT1FYLR.kanaStervices Corporation, The City of Auburn agrees to the terms and conditions 4619 37th Ave SW,Seattle, .98f26,Phone: (206)287- listed ab e: 9858 4u AGENT Ma or ‘6 Date Date ENG-135,Revised 8/18 Warrant No: Voucher No: REAL PROPERTY VOUCHER AGREEMENT AGENCY NAME I HEREBY AGREE TO THE TERMS AND CONDITIONS City of Auburn LISTED BELOW AND CERTIFY UNDER PENALTY OF Public Works Department PERJURY THAT THE ITEMS AND AMOUNTS LISTED 25 West Main Street HEREIN ARE PROPER CHARGES, THAT THE SAME OR Auburn, Washington 98001 ANY PART THEREOF HAS NOT BEEN PAID,AND THAT I Phone: 253-931-3010 AM AUTHORIZED TO SIGN FOR THE CLAIMANT: GRANTOR or CLAIMANT (Sign in ink Roy Armstrong 816 F Street SE By. ov / 1' I 9z-� Auburn, WA 98002 Owner/Autfiorized Representative Date: /0— - Z C/°/ SSN/Tax ID: 5l� /5 -2 8-6 6/ PROJECT NUMBER: CP1416 TAX PARCEL NUMBER: 915010-0275 TITLE: F Street SE Non-Motorized Improvements PROJECT PARCEL NUMBER: 915010-0275 In Full, Complete and Final Payment and Settlement for the Title or Interest Conveyed or Released, as Fully Set Forth in the attached Document: Dedication Deed Dated: szJz.0/1y Easement Dated: N/A AMOUNT Temporary Construction Permit Dated: N/A Temporary Construction Easement Dated: 1 For All Lands Conveyed: 115 SF IN FEE SIMPLE @$11.00 PER SF +$1,265.00 203 SF IN TEMPORARY CONSTRUCTION EASEMENT +$224.00 For All Improvements Conveyed: For All Improvements: 3 Juniper Shrubs + $201.00 Statutory Evaluation Allowance: +$ JUST COMPENSATION $1,690.00 Legal/Administrative: Administrative Settlement Dated 9/25/19 $1,500.00 FINAL SETTLEMENT $3,190.00 Other Items: SUBTOTAL $3,190.00 Deductions: $ TOTAL DEDUCTIONS TOTAL AMOUNT TO BE PAID: $3,190.00 Acquisition A Jacob 8}�eting,City of Auburn The City of Auburn agrees to the terms and conditions 8/ listed above: AGENT,y /.i't't,( 2/1,LG/ t"te544\43 /,,p/r// M2 Date 10141 l Date ENG-135,Revised 8/18 03(0.4b Q C9-1/4Xtt Warrant No: Voucher No: