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HomeMy WebLinkAboutCP1513/AG-C-491 22ND ST NE & I ST NE Intersection Improvements D cf. 0- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: AG-C-491 Firm/Organization Legal Name (do not use dba's): Reid Middleton, Inc. Address Federal Aid Number 728 134th Street SW Suite 200, Everett, WA 98204 N/A UBI Number Federal TIN or SSN Number 312002979 91-0714387 Execution Date Completion Date 12/31/16 1099 Form Required Federal Participation ❑ Yes ❑� No ❑ yes ❑� No Project Title Project CP1513: 22nd Street NE & I Street NE Intersection Improvements Description of Work The work consists of providing planning, conceptual design; intermediate design; final design; geotechnical engineering; assistance with public community outreach; and preparation of construction plans, specifications, and construction cost estimates, and construction assistance for the construction of a single lane roundabout at 22nd Street NE and I Street NE, waterline upgrades along both 22nd Street NE and I Street NE within project limits, and the reconfiguration of a side sewer connection. ❑ Yes n No DBE Participation Total Amount Authorized: $241,728.31 n Yes n No MBE Participation Management Reserve Fund: $18,000.00 ❑ Yes ❑� No WBE Participation • ❑ Yes n No SBE Participation Maximum Amount Payable: $259,728.31 . 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 I-1 Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: AG-C-491 Local Agency AME Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 3/11/2016 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-49 I Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 3/11/2016 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 DBE firms are utilized at the commencement of this 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% 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 of 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: Shannon Lambert Agency: City of Auburn Agency: Reid Middleton, Inc. Address: 25 West Main Street Address: 728 134th Street SW Suite 200 City: Auburn State: WA Zip: 98001 City: Everett State: WA Zip: 98204 Email: swickstrom@auburnwa.gov Email: slambert@reidmiddleton.com Phone: (253) 804-5034 Phone: (425) 741-3800 Facsimile: (253)931-3053 Facsimile: (425) 741-3900 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-491 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 3/11/2016 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 11, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ccfr.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 AGREEMENT. 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. 1. 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 ICR 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@wsdoLwa.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) Part 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-491 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 3/11/2016 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$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 X111, "Extra 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, "Extra 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-491 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 3/11/2016 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 for 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 of 49 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-491 Local Agency ARE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 3/11/2016 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 et. .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 Aereement Number: AG-C-491 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 3/11/2016 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 days 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 "1". 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. Aereement Number: AG-C-491 Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 3/11/2016 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-491 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 3/11/2016 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($1,000,000.00) 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 AIs 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 ($1,000,000.00), 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-491 Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 3/11/2016 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: (1) 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 ($100,000.00) 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-491 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 3/11/2016 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 maybe 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 come 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(H) 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-49 1 - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 3/11/2016 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, "ESP" 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, DVDs, 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/or 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. R(2519- • Signature Date Stralet3OkkeLla 'JUN -6 2D16 Signature /y' Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: AG-C-49 I Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 3/11/2016 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 is required under applicable state or federal law. If 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, Aereement Number: AG-C-49 I Local Agency ASE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 3/11/2016 Exhibit A Scope of Work Project No. CPI513 See attached Exhibit A. • Agreement Number: AG-C-491 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014 EXHIBIT A Scope of Services 22nd Street NE & I Street NE Intersection Improvements PS&E May 13,2016 A. PROJECT UNDERSTANDING The City of Auburn (City) requires the services of Reid Middleton, Inc. (Consultant) to prepare Plans, Specifications, and Estimate for a single lane roundabout at 22nd Street NE and 1 Street NE, waterline design along both 22nd Street NE and I Street NE within project limits, and the reconfiguration of a side sewer connection (Project). The City shall provide support services to the Consultant as described in the following text. The Consultant will cooperate and coordinate with.City staff to facilitate the project. The items identified as an Optional Service will only be completed with prior written authorization from the City. B. DESIGN CRITERIA Reports prepared as part of this scope of services, 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: 1. WSDOT Publications a. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), Standard Specifications for Road, Bridge, and Municipal Construction, 2016 edition b. WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction; 2015 edition c. WSDOT Design Manual, 2015 edition 2. AASHTO Publications a. A Policy on Geometric Design of Highways and Streets, 2011 edition 3. City of Auburn Standards a. Design Standards, 2004 edition with amendments b. 2016 Boilerplate Special Provisions and Bid Documents c. Construction Standards Manual, Section II. 2009 edition d. Drafting/CAD Standards e. Surface Water Management Manual (SWMM); 2009 edition 22nd Street NE & I Street NE Intersection Improvements City of Auburn 1 of 29 4. Other Standards and Publications a. FHWA and WSDOT, Manual on Uniform Traffic Control Devices (MUTCD); 2009 edition b. WSDOT Americans with Disabilities Act (ADA) guidance c. American Water Works Association (AW WA) d. Washington Department of Ecology Criteria for Sewage Works Design C. SCOPE OF SERVICES The Consultant will perform the following: 1. Project Management a. Invoices. Budget Review, and Administration Monthly invoices will be prepared according to a City-approved format. Progress reports will include discussion of work performed and challenges encountered. Budget status including a time sheet detail report and supporting documentation for direct expenses will be furnished with each invoice. The Consultant has based the fee proposal on nine-month duration to complete PS&E. Monthly project management tasks to be performed beyond nine months shall be considered extra work if the project duration is beyond the control of the Consultant. Deliverables: • Monthly Invoice and Progress Report, electronic PDF and 1 hard copy b. Project Schedule The Consultant will prepare a critical path schedule using MS Project to track the 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 will update the project schedule monthly(or as needed) to show proress and change. Deliverables: • Monthly Schedule Update, electronic PDF and MS Project copies. 22nd Street NE & I Street NE Intersection Improvements City of Auburn 2 of 29 c. Project Management The Consultant will provide contract and client management. The Consultant will set-up, manage, and close out the electronic and hardcopy project files. d. Subconsultant Management The Consultant will coordinate with the subconsultants, process their invoices, and disseminate information to the project team. Subconsultants are: Russell+ Lambert(Landscape Design) Terracon (Geotechnical Report) Traffic Count Consultants(Traffic Counts) e. Client Kickoff Meeting The Consultant will attend a kickoff meeting with the City. Attendees shall include the Consultant's project manager, project traffic designer and City representatives. The Consultant will prepare meeting minutes. The following items will be discussed: (I) Project scope of services (2) Project background (3) Project objectives and limitations (4) Define responsibility of participants (5) Review material prepared to date (6) Confirm project schedule (7) Define design criteria A site reconnaissance will be held the same time as the kickoff meeting. City representative(s) shall participate in the site visit and share project- relevant information and concerns. Deliverables: • Meeting minutes, electronic PDF and Word f. Team Kickoff Meeting The Consultant will host a kickoff meeting for internal staff members to discuss schedule, roles and design responsibilities. 22nd Street NE & I Street NE Intersection Improvements City of Auburn 3 of 29 g. Weekly Status Meetings The Consultant and the City shall hold weekly conference calls to discuss project progress and status. Deliverables: • Meeting minutes, electronic PDF and Word h. Quality Assurance/Quality Control (QA/QC) Review Prior to each submittal, the Consultant will conduct quality control reviews by selected senior staff members with appropriate experience and expertise. In the review, the staff will review the major elements of the design for adequacy of response to the major design challenges and conformance to the accepted design practices. 2. Data Collection a. Acquire Data from the City The Consultant will require the following information, including but not limited to: (I) Available record drawing plans within project limits. (2) Available drainage information such as GIS information and drainage reports for areas in the project vicinity. (3) Design criteria such as areas that are not to be impacted, and design vehicles for each movement. (4) City's design standards. (5) City's cost estimate template. (6) City's standard boilerplate project special provisions. b. Traffic Data The City shall provide: (1) Available current and historical Average Daily Traffic (ADT). (2) Available traffic studies for adjacent intersections and proposed developments. (3) Ultimate build out modeling information for future traffic loading. (4) AM and PM Peak hour turning movement counts. (5) Most current three years of collision data available. 22nd Street NE& I Street NE Intersection Improvements City of Auburn 4 of 29 The Consultant will place traffic counter hoses on 22nd Street NE and I Street NE to collect one week of average daily traffic (ADT) and vehicle classification counts. c. Geotechnical Investigation and Analysis The Consultant will perform a geotechnical analysis for determination of suitability of soils and provide design recommendations for pavement design for new pavement sections, pavement reclamation (pulverization), and asphalt overlay. Infiltration testing and recommendations for porous concrete sidewalk may be added as an Optional Service at the City's request. (1) Site Reconnaissance and Field Preparation Prior to visiting the site, the Consultant will review available record drawings and the side-sewer TV reports. The Consultant will visit the site to evaluate the pavement conditions, locate exploration locations, meet with utility locaters, and schedule drilling subcontractors. (2) Traffic Control Plan and Construction Permit 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 will prepare a construction permit application and traffic control plans and submit them to the City for review, comment and approval. (3) Field Exploration Prior to field explorations, the Consultant will contact 811 to mark any underground utilities at each exploration location. The Consultant will not be responsible for damage to unmarked or unknown utilities. Additional costs due to damage of unmarked/unknown utilities will be requested as needed and are not included in the proposed budget. The Consultant will drill up to four hollow-stem auger borings (to a depth of 10-feet) within the roadway/right-of-way to evaluate the • soils for pavement recommendations, subgrade support, and groundwater depths. (4) Geologic Interpretation The Consultant will perform laboratory analysis on soil samples 22nd Street NE & I Street NE Intersection Improvements City of Auburn 5 of 29 collected from the explorations; research available geologic maps and nearby exploration logs; review the laboratory results; prepare boring logs; and prepare a site and exploration plan. As an Optional Service, soil infiltration rates will be estimated. (5) Engineering Analysis The Consultant will prepare recommendations for the proposed pavement section using projected traffic volumes provided by the City and WSDOT pavement design methods. The Consultant will coordinate with the City to establish desired pavement section materials. Pavement section thicknesses will be developed independent of the City's standard pavement section. Pavement grinding and overlay recommendations will also be provided. As an Optional Service, the Consultant will use the estimated infiltration rate based on laboratory testing to determine the suitability of soils for porous concrete sidewalks and provide design recommendations. (6) Report Preparation The Consultant will prepare a draft Geotechnical Engineering Report summarizing findings, providing recommendations for pavement sections, sub-grade preparation, utility excavation and backfill. Porous sidewalk recommendations may be provided as an Optional Service. The Consultant will finalize the report in response to comments provided by the project team. Deliverables: • Site Reconnaissance Notes, electronic PDF • Traffic Control Plan and Construction Permit, electronic PDF • Draft Geotechnical Report, electronic PDF • Final Geotechnical Report bearing the engineer's stamp and signature, I bound hard copy with original stamp and signature and electronic PDF d. Survey and Base Mapping The City will provide the survey and base map for the Consultant's use. The Consultant will review the provided base map and provide comments, including whether additional information is required. Limits of survey mapping will extend approximately 500 feet to the west, 300 feet to the north, 400 feet to the cast, and 300 feet to the south of the 22nd Street NE & I Street NE Intersection Improvements City of Auburn 6 of 29 intersection. The survey will extend approximately 25 feet beyond the edge of right-of-way. Deliverables: • Base map comments, electronic PDF 3. Coordination a. General Coordination The City shall provide coordination with: (I) WSDOT (2) Auburn School District (3) Transit (4) Others such as City utility departments, fire department, and police department b. Coordination with Utilities The City shall coordinate with utility agencies and request utility record drawings from franchise utility agencies with underground or overhead facilities that may be affected by this project. The City shall provide copies of the utility record drawings, a listing of applicable franchise utility contacts, phone numbers, emails, and addresses to the Consultant. The Consultant will 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 shall provide follow-on coordination of propsed improvement with the various public and private utilities to resolve conflicts. The Consultant will coordinate directly with Puget Sound Energy for the design of proposed illumination and power connection. c. Potholing Locations The Consultant will prepare a plan denoting where potential utility conflicts are present for the City. The City shall coordinate with franchise utilities to have these locations potholed and will then survey potholed locations. The City will provide the Consultant with potholing results and an electronic Civil3D file of pothole locations. 22nd Street NE & I Street NE Intersection Improvements City of Auburn 7 of 29 Deliverables: • Requested Potholing Locations, electronic PDF and Civil 3D 4. Environmental Documentation a. SEPA Environmental Checklist The City shall be responsible for preparing publishing and circulating the checklist and publishing any required notices or decisions per their SEPA rules. The Consultant will provide a site plan and approximate quantities for grading and filling for use in preparation of the SEPA Checklist Deliverables: • Site Plan, electronic PDF • Approximate Quantities for Grading and Filling b. Notice of Intent The City shall prepare and publish the Notice of Intent(NOl) for the Department of Ecology's Construction Stwormwater General Permit. 5. Roundabout Analysis The Consultant will perform roundabout analysis and accompanying exhibits. The analysis will consider the design vehicle, collision data, traffic volumes and the conceptual design work completed to date. a. Roundabout Criteria During the kickoff meeting the Consultant will meet with City staff to discuss the roundabout design constraints. The goal of the meeting is to determine new developments in the project vicinity, design criteria, constraints, and expectations prior to refinement of the conceptual design. b. Existing Site Conditions The Consultant will analyze the existing site conditions. c. Forcasted Volumes The City shall provide information to prepare future volumes forecasts for use in the roundabout analysis. d. Exisiting Traffic Analysis 22nd Street NE & I Street NE Intersection Improvements City of Auburn 8 of 29 The City shall provide traffic analysis of the existing intersection configuration including AM and PM peak hour Level of Service and a graphic of the layout used for the analysis. The City shall provide Synchro files for the Consultant's use. The Consultant will review the City's existing intersection traffic analysis. e. Roundabout Analysis (1) Initial Layout AM and PM Peak Flour Level of Service Analysis (current and future conditions). The Consultant will use SIDRA to perform an operational analysis using initial geometric assumptions. The Consultant will determine reserve capacity for the single lane roundabout. (2) Finalize Geometric Layout The Consultant will finalize the conceptual layout based on operational analysis output. The design and figures will include the following: (a) Speed curves to determine fastest paths through the roundabout layout. (b) Sight-distance triangles (visibility of vehicles and pedestrians). (c) Turning movement analysis for the appropriate design vehicle. (3) Final Layout AM and PM Peak Hour Level of Service Analysis. The Consultant will perform an operational analysis using SIDRA for the final geometric dimensions. f. Conceptual Development Meeting (15 Percent) The Consultant will meet with City staff via conference call to discuss the conceptual design, incorporation of design criteria, and roundabout impacts. The City shall approve the final geometries prior to beginning the 30 percent design. 22nd Street NE & I Street NE Intersection Improvements City of Auburn 9 of 29 Deliverables: • Conceptual Roundabout Layout, electronic PDF g. Roundabout Validation Report (RVR) (I) Preliminary RVR The Consultant will present the analyses and figures of the conceptual design in a report for review and acceptance by the City. The RVR will contain: (a) A discussion of existing conditions to include existing intersection controls, collision history, existing capacity, heavy vehicle usage, pedestrian and bicycle usage, impervious areas and storm water management. (b) Comparison to existing configuration operation and roundabout. (c) Conceptual design proposed roundabout geometries. (d) Supporting tables, figures and appendix. (2) Final RVR The Consultant will finalize the RVR based on comments received from the City. Deliverables: • Preliminary RVR, electronic PDF • Final RVR bearing engineer's stamp and signature; electronic PDF h. Sight Lines Exhibit for Landscape Design The Consultant will provide a sight line exhibit to the landscape architect to show where high and low planting can be used. Deliverables: • Landscaping Exhibit, electronic PDF and Civil 3D 2013 6. Hydraulic Analysis The City shall provide the Consultant all available drainage information upon Notice to Proceed. 22nd Street NE & I Street NE Intersection Improvements City of Auburn 10 of 29 • a. Hydraulic Analysis In accordance with the City's Surface Water Management Manual, the Consultant will determine drainage requirements, and calculate runoff for the design storms for the affected drainage basins. It is assumed that Minimum Requirements#6 Runoff Treatment, #7 Flow Control, and infiltration will not be required. b. Site Visit The Consultant will visit the site to determine the exisiting drainage system and outfalls. c. Drainage Memorandum The memorandum will include a project description and vicinity map; basin delineation, analysis and hydrology; water quantity calculations, conveyance calculations; and schematics of proposed facilities. Deliverables: • Drainage Memorandum, electronic PDF d. Drainage Design The Consultant will prepare the preliminary storm drainage design to include layout of drainage structures for runoff collection. e. Draft Stormwater Pollution Prevention Plan (SWPPP) The Consultant will prepare a draft SWPPP based on the 60 percent and final design plans using the Washington State Department of Ecology template available online. The City shall provide SWPPP updates (if required), and the figures will be based on the 60 percent and final design plans. The Contractor will use the draft SWPPP as a starting point. The Contractor will be responsible for updating the SWPPP with information not provided by the Consultant. Deliverables: • Draft 60 percent design SWPPP, electronic Word and PDF • Draft final design SWPPP, electronic Word and PDF 22nd Street NE & I Street NE Intersection Improvements City of Auburn II of 29 7. Landscape Design a. Draft Alternative Landscape Concepts The Consultant will visit the site and meet with the City's Project Manager and a representative from the City's Maintenance Department to discuss landscape design goals and desired level of maintenance. After meeting with the City, the Consultant will develop two illustrative draft alternative landscape concepts. These alternatives will illustrate different landscape concepts, as well as different approaches to architectural/sculptural elements in the center island. A technical memorandum will explain specific materials, irrigation and maintenance requirements proposed for each concept. The Draft Alternative Landscape Concepts will be hand drawn. Deliverables: • Two Draft Alternative Landscape Concepts, electronic PDF • Two Technical Memorandums, electronic PDF b. Preferred Landscape Concept After receiving comments from the City, the Consultant will develop a Preferred Landscape Concept illustrative plan, and a revised technical memorandum. The preferred concept may be selected from the Draft Alternatives, or may combine elements of different alternatives. The Preferred Landscape Concept graphics will be a hand drawn illustrative plan and a perspective sketch. Changes to the design concept after the Preferred Landscape Concept is approved will require extra services. The Consultant will meet with the City via conference call to discuss the preferred landscape concept. Deliverables: • Preferred Landscape Concept Plan, electronic PDF • Preferred Landscape Concept Perspective Sketch, electronic PDF • Technical Memorandum, electronic PDF 8. Schematic Development(30 Percent) a. 30 Percent Plans The schematic development submittal package will contain the following using the City's CAD standards: (I) Cover, Vicinity Map, Sheet Index; I sheet 22nd Street NE & 1 Street NE Intersection Improvements City of Auburn 12 of 29 (2) General Notes, Abbreviations, Existing Legend; I sheet • (3) Existing Conditions Plan; 1 sheet (4) Site Preparation Plan; 2 sheets (5) Typical Cross Sections; 3 sheets (6) Utility Plan (including storm drainage improvements); 2 sheets (7) Waterline and Sanitary Sewer Plan; 2 sheets (8) Illumination Plan; 2 sheets (9) Paving Plan; 2 sheets (10) Channelization Plan; 2 sheets (II) Signing Plan; 2 sheets (12) Plant List; 1 sheets (13) Schematic Irrigation Plan; 1 sheet(Optional Service) b. Opinion of Probable Construction Costs The Consultant will prepare an opinion of probable construction costs based on the 30 percent design using the City's Excel template. c. Submit 30 Percent Documents The Consultant will submit plans and the opinion of probable construction costs to the City. Deliverables: • 30 Percent Plans, half-size (11" x 17") electronic PDF • 30 Percent Opinion of Probable Cost, electronic Excel d. Conference Call with City to Review Submittal The City shall provide electronic review comments for the 30 percent submittal in a mutually acceptable format, such as Bluebeam. The City shall consolidate the review comments into a single document that shall be reviewed by the City's Project Manager in order to provide consistent direction to the Consultant and avoid duplicate comments. The City shall 22nd Street NE & I Street NE Intersection Improvements City of Auburn 13 of 29 provide this file to the Consultant prior to the conference call. The Consultant will meet via conference call with the City's Project Manager to discuss the review of the 30 percent submittal. e. Annotate Review Comments The Consultant will provide written responses to comments provided by the City. Deliverables: • 30 Percent Submittal Annotated Review Comments, mutually accepted format 9. "Over the Shoulder" Review (60 percent) The Consultant will prepare"Over the Shoulder' submittals as the design or the project progresses. The purpose of these submittals is to allow the City the opportunity to review project progress and facilitate consistency with the City's design expectations. a. 60 Percent"Over the Shoulder" Plans (I) Concept Traffic Control Plan; 1 sheet (2) Construction Sequencing Sketches; 3 sheets (3) Temporary Erosion and Sedimentation Control Plan and Details; 2 sheets (4) Site Preparation Plan; 2 sheets (5) Alignment Plan including survey control; 1 sheet (6) Typical Cross Sections; 3 sheets (7) Grading Plan;2 sheets (8) Grading Details; I sheet (9) Utility Plan; 2 sheets (10) Drainage Profiles; 2 sheets (1 I) Waterline and Sanitary Sewer Plan and Profile; 4 sheets 22nd Street NE & I Street NE Intersection Improvements City of Auburn 14 of 29 (12) Illumination Plan; 2 sheets (13) Paving Plan; 2 sheets (14) Miscellaneous Details; 2 sheets (15) Channelization Plan and Details; 3 sheets (16) Signing Plan and Details; 3 sheets (17) Planting Plan and Planting Details; 3 sheets (18) Landscape Detail Grading Plan; I sheet (19) Landscape Architectural Elements Layout Plan and Details; 3 sheets(Optional Service) (20) Irrigation Plan, Irrigation Schedule, and Irrigation Details; 3 sheets (Optional Service) b. Opinion of Probable Construction Costs The Consultant will prepare an opinion of probable construction costs based on the 60 percent design using the City's Excel template. c. Project Special Provisions The Consultant will prepare special provisions based on the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction and City boilerplate. The Special Provisions will address items of work which are not addressed by the APWA and WSDOT Standard Specifications as may be required to properly cover the work contemplated by the drawings. d. Field Verify Design The Consultant will visit the site with the City's Project Manager to check the design against site conditions and identify potential property match issues. e. Submit "Over the Shoulder" Documents The Consultant will submit progress sets of design documents as they develop to approximately 60 percent design level to the City. Plan sheet sets and their associated specification sections and cost estimate will be 22nd Street NE & I Street NE Intersection Improvements City of Auburn 15 of 29 submitted individually as each area of design is developed. It is assumed that there will be 5 "Over the Shoulder" submittals and they will be grouped by related topics. The "Over the Shoulder" submittals may be grouped as shown below: (1) Submittal I a. Concept Traffic Control Plan b. Construction Sequencing Sketches c. Temporary Erosion and Sedimentation Control Plan and Details d. Site Preparation Plan e. Alignment Plan (2) Submittal 2 a. Grading Plan b. Grading Details (3) Submittal 3 a. Typical Cross Sections b. Paving Plan c. Miscellaneous Details d. Channelization Plan and Details e. Signing Plan and Details (4) Submittal 4 a. Utility Plan b. Drainage Profiles c. Waterline and Sanitary Sewer Plan and Profile d. Illumination Plan (5) Submittal 5 a. Planting Plan and Planting Details b. Landscape Detail Grading Plan c. Landscape Architectural Elements Layout Plan Details (Optional Service) d. Irrigation Plan, Irrigation Schedule, and Irrigation Details (Optional Service) Deliverables: • 5 "Over the Shoulder" Plans. half size (1 I" x 17") electronic PDF 22nd Street NE & I Street NE Intersection Improvements City of Auburn 16 of 29 • 5 "Over the Shoulder" Specifications, electronic Word with Track Changes Turned On • 5 "Over the Shoulder" Opinion of Probable Costs, electronic Excel f. Conference Calls with City to Review"Over the Shoulder" Submittals The City shall provide electronic review comments for the "Over the Shoulder" submittals in a mutually acceptable format, such as 13luebeam. The City shall consolidate the review comments into a single document that shall be reviewed by the City's Project Manager in order to provide consistent direction to the Consultant and avoid duplicate comments. The City shall provide this file to the Consultant prior to the conference call. The Consultant will meet via conference call with the City's Project Manager to discuss the review of the "Over the Shoulder"submittals. The Consultant assumes there will be 5 conference calls for"Over the Shoulder"submittal reviews. g. Annotate Review Comments The Consultant will provide written responses to comments provided by the City. Deliverables: • "Over the Shoulder" Submittal Annotated Review Comments, mutually accepted format 10. Design Development(90 Percent) The design development submittal package will contain the following using the City's CAD standards: a. 90 Percent Plans (I) Cover Sheet; I sheet The cover sheet will include the following: (a) Project title and project/permit number (b) Vicinity map (c) Sheet index (2) General Notes, Abbreviations, and Existing Legend; I sheet This sheet will include the following: 22nd Street NE & I Street NE Intersection Improvements City of Auburn 17 of 29 (a) General Notes (b) Abbreviations (c) Existing Legend (3) Traffic Control and Detour Plan (Optional Service); 3 sheets The Consultant will prepare the traffic control and detour plan. These plans shall include construction signing for detouring traffic around the project site. (4) Concept Construction Sequencing Plan; 4 sheets Concept construction sequencing plans will be provided, based on the assumption that the intersection is to remain open at all times. (5) Existing Conditions Plan; 1 sheet This sheet will show the existing conditions at the project site. (6) Temporary Erosion and Sedimentation Control (TESC) Plan and Details; 2 sheets The Consultant will prepare TESC plan and details of the erosion control design to meet site conditions. The City's Grading and Erosion Control Notes will be included on these sheets. The TESC plan will incorporate current Best Management Practices (BMPs). (7) Site Preparation Plan;2 sheets The Consultant will prepare a site preparation plan that will denote the limits of clearing and grubbing, removal or relocation of obstructions, utilities, pavement, and striping removal. (8) Alignment Plan; 1 sheet The Consultant will prepare an alignment plan to present the construction alignments of the project. The drawings will include: (a) Construction limits (b) Curve data for construction centerlines (c) Survey notes (d) Datum/Survey control —monument location (e) Project benchmarks (0 Quarter section, township, and range 22nd Street NE & I Street NE Intersection Improvements City of Auburn 18 of 29 (9) Typical Cross Sections; 3 sheets The Consultant will prepare drawings of typical roundabout cross sections based on the final design. The pavement section will be based on geotechnical recommendations. The drawings will include: (a) Key map to show cross section locations (b) Lane dimensions (c) Cut and fill slope notations (d) Pavement layer types and depths (e) Curb types (t) Material types for non-motorized facilities (g) General cross section notes (10) Grading Plan; 2 sheets The Consultant will prepare grading plan to present the vertical design elements. The plan will include: (a) Right-of-way, easements, and property lines (b) Construction centerlines (c) Cut and fill slope limits (d) Grading and paving limits (e) Construction notes (f) General grading notes (g) Curve and alignment data (h) Final spot elevations (11) Grading Details; I sheet The Consultant will prepare curb ramp grading details. The details will include station, offset, and finished grade elevations of ramp grade breaks. (12) Grading Contour Plan; I sheet The Consultant will prepare a plan sheet to show existing and future contours. This sheet shows grading in a graphical format and is informational only and not be used for construction. (13) Utility Plan; 2 sheets The Consultant will prepare utility plan for the intersection. The Consultant will provide stormwater collection and conveyance within the roundabout. The plan will include: 22nd Street NE & I Street NE Intersection Improvements City of Auburn 19 of29 (a) A half-tone image of the base mapping (b) Right-of-way, easements, and property lines (c) Existing utilities (d) Construction centerline (e) Construction notes (f) General utility notes (g) Utility adjustments and modifications (h) Proposed storm drainage system structures (14) Drainage Profiles; 2 sheets The Consultant will provide storm drainage profiles to include proposed storm drainage system structures with their corresponding invert and top elevations, connecting pipes annotated with their length, slopes, and diameters, and crossings with existing and proposed utilities. (I5) Waterline and Sanitary Sewer Plan and Profile; 4 sheets The Consultant will provide a design for water main replacement, valves, water services, fire hydrants, and other appurtenances. The Consultant will provide water line design plan, profile, details, and notes. Replacement of the sanitary sewer service lines will include a plan view, profile and reference to standard details. (16) Illumination Plan; 2 sheets The Consultant will prepare the illumination modeling and design using AGI 32 software to examine light levels and uniformity ratios. The lighting level will be in accordance with standards as directed by the City. The Consultant will prepare final illumination layout and details for the roundabout. It is assumed that decorative poles will not be used. The Consultant will design replacement of the existing illumination power service to accommodate proposed design. The plan will include: (a) A half-tone image of the base mapping • (b) Existing right-of-way, easements, and property lines (c) Existing utilities (d) Right-of-way and construction centerline (e) Construction notes • (1) General illumination notes 22nd Street NE & 1 Street NE Intersection Improvements City of Auburn 20 of 29 (h) Proposed illumination pole locations (i) Illumination pole schedule (j) Conduit and wiring (k) Removal of existing power service. (I) Power service (17) Paving Plan; 2 sheets The Consultant will prepare paving plan. The plan will include: (a) A half-tone image of the base mapping (b) Right-of-way, easements, and property lines (c) Construction centerlines (d) Pavement and hard feature dimensions (e) Paving limits (f) Construction notes (g) General paving notes (18) Miscellaneous Details; 2 sheets The Consultant will include details as necessary. These details will include modifications to standard details for items such as curb ramps, curb types, and utility structures. (19) Channelization Plan and Details; 3 sheets The Consultant will prepare a channelization plan. The plan will include: (a) Pavement striping and markings and locations (b) Dimensions of lanes and shoulders (c) Details (d) General channelization notes (e) Construction notes (20) Signing Plan and Details;3 sheets The Consultant will prepare a signing plan. The plan will include: (a) Sign locations (b) Details (c) General signing notes (d) Construction notes 22nd Street NE & I Street NE Intersection Improvements City of Auburn 21 of 29 (e) Size and location of signs (I) Sign specifications (21) Planting Plan and Planting Details; 5 sheets The Consultant will prepare planting plans and details. The plans will include: (a) A half-tone image of the base mapping (b) Right-of-way, easements, and property lines (c) Construction centerlines (d) Construction notes (e) General planting notes (I) Plant schedule (g) Planting details (22) Landscape Detail Grading Plan; 1 sheet The Consultant will prepare a landscape detail grading plan. The • plan will include: (a) A half-tone image of the base mapping (b) Right-of-way, easements, and property lines (c) Construction centerlines (d) General grading notes (e) Grading contours (0 Spot elevations (23) Landscape Architectural Elements Layout Plan and Details; 3 sheets (Optional Service) The Consultant will prepare landscape architectural elements plans and details which may include items such as decorative paving, banner poles, or artwork. (24) Irrigation Plan, Irrigation Schedule, and Irrigation Details; 3 sheets (Optional Service) The Consultant will prepare irrigation plans and details. The plans will include: (a) A half-tone image of the base mapping (b) Right-of-way, easements, and property lines (c) Construction centerlines (d) Construction notes (e) General irrigation notes 22nd Street NE & I Street NE Intersection Improvements City of Auburn 22 of 29 (0 Irrigation schedule (g) Irrigation details b. Opinion of Probable Construction Costs The Consultant will prepare an opinion of probable construction costs based on the 90 percent design using the City's standard Excel template. c. Bid Proposal Package The City will prepare the Bid Proposal Package. d. Project Specifications The Consultant will prepare the general and final special provisions based on the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction and City boilerplate. The contents will include bid items, the City's general conditions, contracts, supplemental general conditions, amendments to the standard specifications, special provisions, and standard plans. The Special Provisions will address items of work which are not addressed by the APWA and VI SDOT Standard Specifications as may be required to properly cover the work contemplated by the drawings. e. Illumination Calculations The Consultant will provide illumination calculations including design criteria and illumination output from AGI software for the City's review. f. Field Verify Design The Consultant will examine the project site to verify the design development drawings. The examination will include checks for accuracy, constructability, and conflicts. The drawings will be revised as necessary to overcome deficiencies, errors, and conflicts. g. Submit 90 Percent Documents The Consultant will submit plans, specifications, and opinion of probable cost to the City. Deliverables: • 7 copies of 90 Percent Plans, half-size, bound hard copy • 90 Percent Plans, half-size, electronic PDF • 90 Percent Opinion of Probable Cost, electronic Excel • 4 copies of 90 Percent Project Specifications, bound hard copy 22nd Street NE & I Street NE Intersection Improvements City of Auburn 23 of 29 • 90 Percent Project Specifications, electronic Word with Track Changes Turned On and PDF • Illumination Calculations, electronic PDF h. Meet with City to Review Submittal The Consultant will meet with the City at the City's offices to discuss the review of the 90 percent submittal. • Annotate Review Comments The City shall provide electronic review comments for the 90 percent submittal in a mutually acceptable format, such as Bluebeam. The City shall consolidate the review comments into a single document that shall be reviewed by the City's Project Manager in order to provide consistent direction to the Consultant and avoid duplicate comments. Deliverables: • 90 Percent Submittal Annotated Review Comments, mutually accepted format 11. Finalize PS&E a. Final Check Set The Consultant will finalize the plans, project specifications and opinion of probable construction costs in response to the City's comments. The City's review of the Final Check Set is only to verify that responses to the 90 percent submittal comments were incorporated. The Consultant will present a check set of the final PS&E to the City for final approval. Deliverables: • Final Check Set Plans, half size, electronic PDF • Final Check Set Opinion of Probable Cost, electronic Excel • Final Check Set Project Specifications, electronic Word with Track Changes Turned On and PDF b. Final PS&E • Upon City approval of the Final Check Set, the Consultant will submit the final original documents to the City. 22nd Street NE & I Street NE Intersection Improvements City of Auburn 24 of 29 Deliverables • I copy of Final Plans bearing the engineer's stamp and signature, full size (22" x 34") bound hard copy on polypropylene matte paper • Final Plans(unsigned), half-size, electronic PDF and Civil 3d 2013 with external references bound • Final Opinion of Probable Cost, electronic Excel • 1 copy of Final Project Specifications bearing the engineer's stamp and signature, bound hard copy • Final Project Specifications, electronic Word with Track Changes Turned On and PDF c. Civil 3D Information The Consultant will provide the following Civil 3D files for information only: final cross sections at 50 foot spacing, proposed top and bottom surfaces, and proposed storm drainage, waterline, and sewer pipe networks. The information contained in these files shall not supersede any information shown on the plans. The project shall be constructed according to the stamped and signed PS&E package. Deliverables: • Final Cross Sections, electronic PDF and Civil 3D 2013 • Top Surface, electronic Civil 3D 2013 • • Bottom Surface, electronic Civil 3D 2013 • Storm Drainage Pipe Network, electronic Civil 3D 2013 • Waterline Pipe Network, electronic Civil 3D 2013 • Sewer Pipe Network, electronic Civil 3D 12. Community Outreach a. Council Study Session (Optional Service) The Consultant will attend one City Council Study Session to present progress and answer questions regarding the project. Two representatives from the design team will attend. One graphic of the roundabout and landscaping prepared for the Open House will be used for this meeting. The Consultant assumes a 1.5 hour meeting. Deliverables: • One illustrative graphic board, 22" x 34" (prepared for Open I-louse) 22nd Street NE & I Street NE Intersection Improvements City of Auburn 25 of 29 b. Property Owner and Resident Meetings The Consultant will meet with adjacent residents prior to the open house to discuss their access and circulation concerns. City staff will attend and will set up the meetings. It is assumed the meetings will be 1 hour each and will occur on three separate days. The adjacent properties are: (1) Multifamily housing on southwest corner (2) Multifamily housing one property west of southwest corner (3) Bridgie Lane Apartments on the northwest corner (4) Lonely Pine Apartments on the northeast corner (5) Single family home north of Lonely Pine Apartments (6) Single family home on southeast corner (7) Colonial Village Apartments south and east of single family home on southeast corner Deliverables: • Meeting Notes, electronic Word and PDF c. Open House The Consultant will attend one open house with affected/interested parties. These parties may include adjacent property owners, City staff, and/or other community members. The open house will be to present the proposed improvements. This meeting will be an informal open house with graphics displayed showing the project. Two representatives from the design team will be present. A representative from the Landscape Architect may attend at the City's request as an Optional Service. The Consultant will prepare supporting graphics that may include plan views of the roundabout including the preferred landscape concept, a perspective view of the roundabout including the preferred landscape concept, traffic data, accident data, photographic displays, and an open house summary. The meeting will be hosted and held at a location furnished by the City. The City shall prepare meeting notices, invitations, and newsletter articles. The Consultant assumes the open house will be 2.5 hours. Deliverables: • Three illustrative graphic boards, 22" x 34" • Traffic and accident data • Photographic displays 22nd Street NE & I Street NE Intersection Improvements City of Auburn 26 of 29 • • Open house summary d. HO Scale Model The Consultant will present the roundabout in a 2D HO scale model (approximately I:87) format. A set of 1-10 scale vehicles will be included. Deliverables: • HO Scale Model plotted on water resistant polyester fabric • HO Scale Vehicles e. Brochure The Consultant will prepare a tri-fold brochure depicting the roundabout to explain "how to drive" the roundabout and general information. The Consultant will provide printing and the City shall distribute. • Deliverables: • 2,500 Brochures f. Newsletter/Website The Consultant will provide graphics for the City's newsletter and/or website. This may include aerial and birds-eye photos of the existing conditions at the intersection and renderings of the proposed improvements (including the preferred landscape concept) overlaid onto the existing conditions photos. Deliverables: • 4 Graphics, II" x 17" electronic PDF 13. Future Additional Construction Services The following construction services are anticipated and may be added to the Agreement at a future date, if necessary. a. Bid Assistance b. Conformance Documents c. Attend Preconstruction Meeting d. Attend Construction Progress Meetings e. Provide Submittal Review f. Respond to Request for Information (RFI) g. Prepare Record Drawings 22nd Street NE& I Street NE Intersection Improvements City of Auburn 27 of 29 D. SERVICES PROVIDED BY THE CITY The City shall provide the following: I. All past design information, criteria and information identifying the City's requirements for the Project, including design objectives, and constraints. 2. Gather all available record drawings for the roadway cross streets, utilities and abutting site developments. 3. City design and drafting standards. 4. Relevant past geotechnical report and pavement recommendations. 5. Survey and base map. 6. Relevant past topographic and right-of-way base map with documentation. 7. Notification to property owners that Consultant will be on private property for general engineering reconnaissance. 8. Copies of data sheets for horizontal and vertical control in the immediate project area. 9. Environmental and cultural resources documentation and coordination. 10. Current utility and drainage standards. 11. Electronic copy of past relevant projects. 12. Electronic cover sheet (City border sheet). 13. Copies of sample City project plan sets showing drawing data and drafting styles. 14. Provide a current copy of the City's bid and contract documents and general conditions. 15. Growth rate, traffic counts and/or related traffic studies. 16. Host the open houses. Prepare meeting notices, invitations, and newsletter articles. 17. Consolidated review comments. 18. Bid phase and contract award. 22nd Street NE & I Street NE Intersection Improvements City of Auburn 28 of 29 19. Payment of applicable review and/or permit fees. E. ASSUMPTIONS 1. No structural walls will be provided. 2. No right-of-way acquisition is anticipated and is therefore not included in this scope of services. 3. Construction services will be added to this contract as a supplement when construction funding has been secured. 4. The Consultant reserves the opportunity to shift budget between work tasks and subconsultants(excludes optional tasks). Budget shifts from subconsultant tasks must first be approved by the City's project manager. 5. APWA and City Drafting Standards will be used. 6. The Spill Prevention Control and Countermeasures Plan (SPCC) shall be prepared by the construction contractor. chv\hi25st\161913\001 auburn 22nd B i rblsas and rec proposal\!22nd&i rb sos 05-12-2016.docx\s1 22nd Street NE & I Street NE Intersection Improvements City of Auburn 29 of 29 Exhibit B DBE Participation Not applicable. Aereement Number: AG-C-491 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 Not applicable. B. Roadway Design Files See Exhibit A (Scope of Work). C. Computer Aided Drafting Files See Exhibit A (Scope of Work). Agreement Number: AG-C-491 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 See Exhibit A (Scope of Work). E. Specify the Electronic Deliverables to Be Provided to the Agency See Exhibit A (Scope of Work). F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A (Scope of Work). • Agreement Number: AG-C-491 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 II. Any Other Electronic Files to Be Provided See Exhibit A (Scope of Work). Ill. Methods to Electronically Exchange Data See Exhibit A (Scope of Work). WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite Sec Exhibit A (Scope of Work). B. Electronic Messaging System See Exhibit A (Scope of Work). C. File Transfers Format See Exhibit A (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-1, Exhibit D-2, and Exhibit D-3. Agreement Number: AG-C-491 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 IReid iddletdr Estimate of Professional Services PSSE Exhibit D4 Intersection Improvements 1 NEl I uel NE anmsee4RI on Improvements :5 046 3:09CMS/1110 1796101 1001 01E01 CII56991Y 1114401011 DATE:0512]016 071116.. 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As e41m..Dere°I4you 4 u and Dols s00.1,6, 1Cy4 --611 000 _ -04 n sn04541794 9.91•09e.•°Imam Daub. mO6- D3(Optional 3. a1 CW C 0 o WR n9Mu n CerenC® 0 00 65 boo) ®m 1 IK -Ms 351 TF 4o 500 --5n--""Sr 3510 70 32700 -400°.4'--MO- 1142 40,1-004 . __ ,,,9,.,4. 40 -ea--tsar .1a F4OVniry 0..p. 60 _ 1107.76 _y_53079 90'454m De nares I5 60 40 _ 13W 396.91 __392 moo 065 0149 Ravin. 50 -0 231 973 45 .C1,mt 0 0__ __ _ _ 449 1,2505 _ __ __ 1051 S�HA2IT1810-I'Fa"915-'Ld 00 095 1147 690 '➢ate 9B 00 "296.5-2 3_1Sn.e '30} 4B 2120 5331 5}00 4110 Reid tddlet0n Estimate of Professional Services PS&E Exhibit D-1 Intersection Improvements PROIECcNarea NE hnerseaFrp0nr... wn e . :St 1x000 av:<tw 35070 CtENI: c„,,,xWun 0416:0511 LA10 471.144. PRW.Ne us team,. FILE: 01211110000*0119a .02 .aIROS05 arras Popmam20451 RCFn 01.12.201111111CPFFm4 atr .tare eq...eq... 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IO,c.a Dolton al Yes 00 001.9 35 910 1 9 IP,DSCwry1 FEE 2M1 14070 Mau000101.1.15 Lo 0,11140111901 a1el uwroeu%L'evwnemelaiu31011.00010 wpm prg. -4 P"-"" pW pe' VOW 27 rr,.tl Management Reserve m,0004411�es 1790712 000(000011431 IteS0104100010005470073501* 11 Optional 5.94040 27, Serpi.924.aten Ram 1_ 050 15 W10 We Armull.wmsa PeeCeni•0 - X050 107 _=-I.1.b _'i�__-- oil _��0� 1_ -..- _s_ - _ -:9.s-.?c-vn lr4wp1Wv4a.1nenwts 0.l,, I00 ' Sr -So Ino_ -' 0330 531E SBIE T-4K Coot,are Deno Deeq, 1200 . 1207 'N3[ 1117 C TI" 3. 000007„ ( -60 A0 -Ylr-ter 9a .1n -d- p4 12c pee Rete.141111000.00110. 00 0 I0 0 070 571 goo/d.790 141 1 el 21.5 20 66-0:0 00 13,000 or'-no--Y{-ins--o r-O4--O 0 11010 12150-12.421 Pnrem01 i0bl noun 0. 1111 0. 0% P.1410.15. 4001. snueglwn 4001..410 04401 Wes and we.shown <soeum5P,1P.000 o .The 0eel W Wee hesed, ,11.prypeetw40 sal my wry.Won 00,114.011 la see I0005C 014/ FEE 220 40207 wing Me tired wlary m^01 the enema al Ile W 0 Weald is 0Mone& 5e*weee,00 twine 0leu 005.1n 000.0. TOLAY Fee 7107@ °I...../.....9 C Reid iddleton Estimate of Professional Services PS&E Exhibit D-2 Water Main Replacement PROJECT: 2220 Stmt NE I I SEn1 NE Intersection Improvements BY:SL CORO BY: 70s 401110 000e4000" DATE:0442442016 PROJ.NO: 152010.911001 mlr.tms.. FILE, X120500601500p1 wwm 12„..1605503008 ion P 6s,S42n001 RO 50905.11.m16sIs.I5ummary 0 ep06y ProjectP0op0 Pop PSIS. Donors PA Too Dower Labor S 'n Y £e 5052 I PinSPEngine., pry g I Manager Engine.,Eng•nni O.oDesigner mod!o,II II tons Total 0 I DSC ON 7400•on 5 Rome 4.0.702. $/425 53435 53434 54445 14044 53242 5.0 AI 53185 53/40 148.50 200.50% 50560 cost cam mu 07ok1 pvm[em 5i nn a no on 0: w [w 0.0 . e vc 5 5 IProject Management sod Mmminron 4 0 405 25400 707654 6 ) 54 CI Rena. ---- - 00 30.40 -4171531,14 1.1-7.7T 41.12,4 Subtotal Cask I !0 0.0 00 e0 00 00 00 41 0.0 0.0 160 703.20 1Af0A0-'5.110.56ff 0 0 e 6-2jt0 ▪ flail 0:41.1100 O Slrttiwlass 2 0_" 5 DA I 00 I MWD I 00 I d0 0.0 0➢ OD 00 00 1-1111- % I-1022x5 0 0 I 0 el-l0. 3 coordination L4**04m.m0uom L 207 20 40 120'60 2345 75 30025 6 Jron N ibvcoLW ea % 1 20 20 40 12950 259.75 139250 25 a 325 Snktitil Tisk-3 00--10--00-00--40-(-O 0--00--00-'-o..l--e0--10000-5i605--04.50-0 0-0__-0-77.5d0 4 Environmental Documentation ISunla Task 1 00 l 04.0 ' 0.01001000.0 Do I 00 I 00 I 00 l 00. I 0 l 0 l 0 I 51eD l OI o o 1Rn.y0510onl, NS 0am5 1 0.0 1 00 1 0.0 1 01 1 00 I 00 .140 I Do 1 0.0 0.0 ( OD l 0 l 0 2 0 10 I 0 t 0 l 01 e 6 Nydrame NUlyYS Imola Fan f DD l DD 1 01 1 00 2 0.0 l 00 l DD l Do t 0.0 I 0.0 1 00 4 0 l 0 3 0 05 l 0 l O I of I 7. mcg. ryrana East 10-0 l ^D 1 OD l o0 5 DD 1 on 0. 0.010 00 l •01 0-01 0 I 0 I 0 0010001 01 0 e soon=Dem opreot pa P.m.,/ 77 N PwnPYo(wnulrplI. 05 05 1910 3831 6/41 _C 5141 5 NSM Pion 10 1.0 3435 �� -� 10025 C 10325 6 W.b4Wans Nnlry I0 160 40 120 AO 123485 _1550 332134 5 10154 O opinion of Probable GrwM Coal. 20 I0 10 0114 19077 297.52 0 352.07 P.enfnm.SD 05 0 I5 5153 10335 7 O 5407 -▪ 'SulbtilTuGS I_ 05 OO' 20,0 00 ; x 090 T4444-202402-1$400 0 0 a -a-4:214:55 2 -Over the 91wtler Poplar ISO Percent) WPmmm Parra I .00 OW 000 000 000 3-00Wclm Sowvq 00.0004 -]o-- ��_.20�EB]U �1Tm-90.40 -_ -20S0 _ sn 670340 OYn 10 I0 3435 ®W 10330 10.25 9 2,:4740 I 10 10 - 3435 69.00 163-£5- -;0315 11 W.l4M.40.60.7555000Sar aM 01 120 40 50 24.5 85658 1.710 12 .57400 ;4,400 IS W5al C.W. 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I- -0 20. --- 30 11075 22214 � 1320 -19 _ .M Growl Sewn Plan.N 05 50 20 0.0 _155_ 501.5 116/35 _1,74530_ 1.]9.30 -I wbtl40 t -20 40 -]2100 -44420 Y6.]0 05.]0 -O mm off Probable,Cos.os.Coll 05 40 45 15459 31006 02 46402 'r Ansa SP.u4.em. 040 - 40 SO 2`7.03 57556 near --- -RIM i Rnmm.Renew Cbrvrenb I 10 20 J0 106 2C6 01 �3- 3474 -5u06HTask ip 00 0.o 11.3 0.0 -0:0--ro--0:5--04--4e'-03--47.0 1,;]0]5-3:301:or S.o2te2'-5---0-0-- -rover II Finalize POLE Fmml Llw aP 050 400 45 154.59_ 31006 40402 P 4014 a/ b. uW 651E 050-7m- -- -2,5- &sag -172 25255.02 _____0_250.12 CM 301Nembn 050 156 I. 511.53 035 ISO 87 0!151 B] 5u55a Taal 51 00 4.5 7.0 0.0 co 0d OL 00 0.0 00 Or aim -nsn4- Error 0 0 0 a-012252 12 Cen unity Qr0.040r 9uSPYUL II 5 00 014 oY Do 0.0 0.0 0.0 00 00 00 00 0 o D 0 0 D P 0 laoscvotatars 03.43 1.50747 ova 146160 1 140.60 000 .50/la PorcinePorcineTo.lrov. 3% 15% 46% 0% 15 254 05 5Si 2% 00 Assumption. iPmp Omtm 40 Ms Ry MI5 54901 I0031SC m10 FEE I7% 151424 Hours scl mos shown we for 0. numbertin5 purposes only,TN.actual number Whoursp hcharged to Ole o$mmnowl rosy a persnol owl very. Pours worts.0.10 0.2,00640.5,ulary cost 00 the p0unn0 at 000009.0nuerl Is perbrm.tl. Total Fes 10,50445 Reid iddleton Estimate of Professional Services PS&E Exhibit D-3 Sanitary Sewer Replacement PROJECT: 3200 Sneer NE 819oeet NE Amn0ene0 Impevmmnla DV:9L CR00 BY:4/21/16 3%11%%um DATE,um/2mNT NO: 0351011.33. PRO!. 252015.312 001 Ory ooso,sl FILE, N.VS9n16I913801 Auburn 221,08100%09and Fe•Prepela11122n4 d I R0 Fee 05.02.2016.1.15umnury Cvalvnc Total & P0000 P00.0 ProRp P1511 Reyna 1 6440 21050! Lisp: 1 .11Prry aper Engines er er Design0.00rerl 11°1.311°1.3 T.11 DSC OH rad'. 0004003 z 3 o,, m0•mb Hourly 00 ly Nae 5,3 do 534so 2 34445 148 4 44 54140 610 53185 0 5/3,45 530 300 se% 00500 mal 0101 em leek No 0.rcno00, uv 0 1a o0 00 u xc w' vi AC 5 5 1 Fsgeoi management '=-1¢e6lirii 005 1 0.0 1 is I 0.0 0.0 i 00-1-0.11-1-010-1-44-010±00-1-i0 -11.2.2.41-21-20.5Z--64666--0--a--OH nI-vin 2 win 000.c1.1 =104 iy?;n3"Lr1 I-Oa-1-0.0±000: .0Ia0} R0 } 00-' 00 I eo !B0I-00s-I-¢1e-I-34.4/ 0i.02-I-0-0 a I 0l of -e i2 3 C¢lalnannn 1Subblal ink 1 0.0 1 0.0 1 50 1 1 0 I 00 0 1 0 0 1 - 0 1 0.0 1 01 0 1 0 1010101 01 6 4 Environmental Documentation 13•155am10004 I 0.0 1 00 1 00 1 0.0 1 00 0.0 ,0 1 00 1 0.0 1.0t) 1 0.0 1 0 I 0 1 0 10 1 0 I 0 1 of P 5 Roundabout Analysis /80850 lea 1 0-0 1 00 1 00 1 00 1 0.0 1 00 1 00 1 0.0 1 .00 1 00 1 0.0 1 0 1 0 1 0 1 0 1 0 1 0 1 01 e O monuxrvulysi• rymbd last[ 1 00 1 00 1 00 I o0 1 0 00 I 00 1 0.0 1 0.0 1 0.0 1 0.a 1 0 1 0 1 0 1 0 1 0 1 0 1 01 0 7 Landscape Dean [Subtotal task 1 0.0 1 00 1 00 1 0 1 o0 00 1 0 1 B0 1 0 1 00 1 00 1 0 J 0 1 0 1 0 1 0 1 0 1 al P • 5001.0/1000.0010001.0020 percent) 30 P•rum01an01seetsslwl _ _____n_D__403 4Oa _BIG a_00( 5 Y003 PIs OS __OS 21.15 114'- 51st 0_ 51.62 Dern e nrl rvanne-Ccr__ps, 10 _00_ 40 _Ori:41.45 73303 I. 42 ___0 0 37 e Annotate Reoes/ PIROOSOrsmen% enLmM1 IJi_js-j'i ®8p ,03 0 X453 GOmrrcn6 05 10 IP. ' 22 10335 15407 O 15107 • 6ubbul a - I 10 OS- 11.5 60 11.0 -0 4.0 0.0 0.0 -60--12.0--44055 03%72. 1403.12-OTO"'-0--0-1%00.21 ✓ roar Mesnnubs Revw.(1SO Percent) IsomTee50 1 BO 1 00 1 00 1 00. 1 00 1 00 1 0.0 00 1 0.0 00 10.00 1 1000 1 0.000 1 0000 1 0 1 0 1 0 1 01 007 10 Ongn 0•0v10p000000 Pnnn0 • OJ Pose%Piens 0003 0000 0030 003 0" o03 _i trF•pa00oo Plan OS 05 1 O 30 zrs 04J30 139035. 0 1® 13 IJ5013Plan 05 -0�-17,175-31450 51.615 -a-Oi' -t NYMm aM0aAw,PbW wryr L• 10 --0- Tom 77550 145571 318001 0 21007 -311-N.o.....pais 1_ 10 - 20 _ 380 _110150 712112 32002 _ 0 25509$ of ProCco0000bn Cost 05 -0.50o--0.50o- 7,075 -31S 'i6 450 fa0-010 71'0 ' NM•spOSOoobrw I 05 -- I 0 -1 Mr-54 575- ICS 46/ -1601342----D-16454 Annotate'eview Comments l0 1 M 34.45 ®BW 101249 0 ImL -0000061 100010 BD i0-40--00--0.0 -1110 33 0.0 1.0 .0 -11300 717650 600488 1530330-0 0 0 0 1,03904 It 543 • Irrel0n4Set 050 Ion 1.503 51525 100349 154824 0 0040/ Tw 0040 050 000 _ 00515 won Gm .4301rd. sru 50 0 153 5 -5j 5640 1101.34 154830 0 50407 -9ubtihl Toot 11--0.0--13--30--00--Oa--05--00--a0--OB--BO--Liao'I 64525 300047 -464.422- a 0 0 0 a-4wII 12 Lamumry Outreach 15ubburan IS 0.0 0.0 00 00 00 0.0 0,0 1 0.0 00 00 00 1 a 0 0 0 a 0 01 6 Irobi Cul 000 20650 163.20 37.40 000 1.11050 P•rcentolrool onus 2 106%6 0% 0% Ot% 2O% Tor a% 0% ILL Assumptions IProi•no,nnet 0w.5 n.9wey 131 100 DSC enlvl 27% 391.10 MO purses.only i nar0.1 10010 pmP0l aW personnel inMm07 vary. MoonvaN 01[0.2lled 00/00 the dIrect u1ry coat of Pe personnel et the On%U Pesnot N perfumed. Total Poe 3003.50 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-1, Exhibit E-2, and Exhibit E-3. Agreement Number: AG-C-491 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014 Estimate of Professional Services-Exhibit E-1 DATE: 51212016 FIRM: Russell + Lambert BY: MER nes vnmmw,Ave FOE surae 202 PROJECT: 22nd St NE 81 St NE Intersection Improvements CHKD BY: RL Seamy WA 94115 CLIENT: City of Auburn 12641498.6312 PROJ.NO: 252016.913.001 FILE: C:UserslMary EllentOropbovlRussell+LamberttProjects116-02 Auburn 22nd Si NE 81 St NE Roundabout.R Mary Lien Total Ruwt Ryes Labor Total Labor Safe Harbor .m E . ,ro pM Leen LA tours Earnings Factor Feed Fee Computer rir r re Labor 8 Reimb Hourly Rate. 539.45 $39.45 110% 27% hrs 512 cost 15%7as No. Description _ 1 Administration/Coordination Administ-----90titotalr1Task-1 12.tion I 0"00- 0.00 I-12:00-47340-526:74-C127.82-1-0-I-1_0 0 12.00 4(4.40 520.74 8 147.62 0 I 0 1121:96 2 Base Map Preparation and Sheet Layout Base Map Prep 8-SutitOsil Taak 2 Sheet Layout I-0:00-4:00-4.00 I-4:00- 157.80 173:8 I 46.87 -0-1-0-4 -I 0.00 . 373:89 3 Draft Alternatives Concept Plans Landscape design meeting 6.00 6.00 236.70 260.3/ - 63:91 0 0.00 560,94 (2)Daft Nt C6neept Plans 6.00- -12 00 18.00 -710.10 781.11 191.72 -1 0 000 1682.94 OraWWAltCocep(Memo 2.00 4:OD 6.00 236.70 26037 63.91 000 560.98 Sutif&TilTaa43 1600--13:00--30:00 -i:inso-1,30'.85 319:5s--0 1 a 0:00-2804:90 ' 4 Preferred Landscape Concept Conference Call 1011 1,00 39.45 43.40 1665 0 OW 9.1.54 Prefeneo Concept Plan 200 8.00 1000 0_394.5 43395 106.52 0 0.00 93097 PrefenedCor ep9Memo 4:00 40 0 15..80 17358 4261 0.0 373.94 Preferred Concept Perspective 2.00 600 too _31330 347:16 8521 _ 0.00- 47:97 SUbtutel TanTan -9.00 -23:00- 0-14:00- 23:0 907.35 998.09 244.98 -0-0-- 0:00 2150.82 5 Schematic Development(30 Percent)- II- Plant List 6.00 2.00 8.00 347.16 5.21 -Sutit6tbl Tales inion of EIe Coniwcuon Cost 2.00 800 fl3:00-11:00 -433:96--4n.35--1 T 17--0I 0 0.00 1028746 6 "Over he Shoulder Review(60 Percent) Planting Plan(up to 2 Steels) 14.00 18.00 32.00 1,26140 1368.64 34085 0 0.00 2991.89 Planting DeimlTSheet) 660 400 10.00 394.50 433.95 10652 0 0.00 93497 Detail Grading Plan(1 heel) fi00 47o0 law 394.50 433.95 106.52 0.00 93197 Opinion of Probade-Consfruction Cost 4.00 2.00 -alio 23673 260.3] 6391 ado 560.98 - feronce tall 100 100- 39.45-- 43.40 10.65 0.00 93.50 SubiotSlTalk-6 -31:00--28:00- -59:00 -2,32735--2,560:11 -628A4-0-1-0-- 0:00-551629 7 Design Development(90 Percent) Planting Plan(up to 2 Sheets) 6.00 4.00 10.00 394.50 433.95 106.52 0 0.00 934.97 Planting Details I1 Sheet) 2.00 2.00 4.00 157.90 173.58 42.61 0 0.00 373.99 Detail Grading Plan(1 Sheet) 300 2.00 5.00 197.25 21698 53.26 0.00 467.48 P j8BtSpaalProwsions 6.00 600 1200 473.40 52074 127.82 000 1121.96 Opinion or Probzbla Coni lt' Cost 3.00 1:00 4:00 0_157:0 _173:58_-42:61- - 0.00 373:99 -SutitotilTask? 20:00--15.00 '35.00 1:380.75 1,518:83 -372.80 -0-1-0 '-`0.00-3272.38 8 Final PSBE Planting Plan(up to 2 Sheets) 2.00 2.00 4.00 157.80 173.58 42.61 0 0.00 373.99 Planting Details(1 Sheet) 2.00 2.00 4.00 1 17358 42.61 0 O.W 873.99 DetailGraTmg Plan(1 Sheep 2.00 100 -3:00 -11835 130.19 31745 000-380.49 Proled Spe ial Prov cions 2.00 2.00 4:00- 157.80 173.8 42.61 000 373:99 Opinion of Prob tik Conduction Cost 1.00 1 00 2.00 78.90 86.79 21.30 ' 0:00 18699 -Sub'iarraak a 9.00-coo 17:00 670.65 737.72 181:00 -0 -0 ' 0:00 188:44 • •LX•U' .4 . 0 0.00 0:00 17,857.83 SubTotal Cost 4,063 3,472 7.534.95 7.534.95 7,534.95 Percent of total Hours 54% 46% Assumptions Contingency/Rounding Hours and rates shown are for estimating purposes only. The actual number of hours charged to the project and personnel used may vary. Hours worked will be billed using the rates,personnel categories,and terms Identified In TOTAL 17,857.83 Exhibit A. Candstape--Aaoitecunl Elements- Design lementsDesign (30%,60%,90%,Anal) Attend Open House 6.00 6.00 236.70 260,37 63.91 0 1 0.00 560.98 Subtotal Task 9 42.00 72.00 114.00 4,497.30 4,947.03 1,214.27 0 0 0.00 10,658.60 1 • AL H•DRS 42.00 72.00 114.00 4,497.30 4,947.03 1,21 .2 0 0 0.00 0:00 10,658.60 SubTotal Cost 1,657 2.840 4,497.30 9497.30 4,497.30 Percent of I otal Hours 22% 36% , Assumptions Hours and rates shown are for estimating purposes only. The actual number of hours charged to the project and Contingency/Rounding personnel used may vary. Hours worked will be billed using the rates,personnel categories,and terms identified in ea Exhibit E-2 Subconsultant Fee Determination- Summary Sheet CP 1513-22nd&I,Auburn,WA Subconsultant Terracon Consultants, Inc. DIRECT SALARY RATES Classification Hours Rate Cost Principal Engineer 7 x $55.00 = $385 Project Manager/Senior Engineer 40 x $50.00 = $2,000 Field Engineer 10 x $30.00 = $300 Laboratory Technician 10 x $23.00 = $230 Clerical and Drafting Personnel 6 x $20.00 = $120 Direct Salary Costs = $3,035 DSC X Overhead = $5,760 DSC X Fee = $819 Subtotal = $9,614 REIMBURSABLES Mileage $100 Subcontractor' $8,500 Bond Fee $800 TOTAL REIMBURSABLE COST = $ 9,400.00 trilling,Traffic Control,Utility Locating CONTRACT TOTAL = $19,014 OPTIONAL SERVICES Option I = $491 Option 2 = $649 OPTIONAL SERVICES TOTAL = $1,140 Prepared By:Paul D. Davis,P.E. Date: May 2, 2016 HiDS,\le\41Nn1 AWum El 1 H 1 RBffiaceivedUOIf 415AR from T<mcon-¢nstd fee\'BE I65pp EOmai1M Fee Rml R I xlc,�SnMn nailu,m Summin Page I 3 ,1 . i e o e e ! hIHIIIll ° o a h111111111 o 0 0 _ B HIl• e a - - F.ilililill : a/ .. . g o T. •z • • _ u _ e E ti, e w 5 Y g • Q 0 e - • - u a n - I° 9 - = £ ' a - o yy ' • � rU6 .- oz. rt E _� $ l� _ E - 0VU c Q ce e O IU r € a e. - t8 ,31 - w O p k -• y o 9 3 Q -613 ,4,' "jU V n F u - F S s O Utilli2lit2 0. C [f 0 0 0 0 0 0 i 2 Y U6ini F ! . " j ' ! - ; ) er. le .13 R. \ 13 IS \ } ( Exhibit E-3 Shannon Lambert From: truthindata@hotmail.com on behalf of Jen H <team@tc2inc.com> Sent Thursday,April 21, 2016 6:45 PM To: Shannon Lambert Subject: RE:CP1513 - 22nd &I -TC2 services Follow Up Flag: Flag for follow up Flag Status: Flagged Shannon, Can I break it down in an email? If so, it's pretty simple. Each location would cost$250.00 for 7-day Axle Classification and ADT volumes. Are you working with Amber Price? She's very familiar with the way we collect our counts. Jen °G007C O kAiD(Dc10E�SS]{4S C2r.A-9 QED* len anutla 'C2inc Team TC'-inc:Traffic Count Consultants, Inc(oarmsEcemned) Team(aTC2inc.com Web Site: TC2inc.com • 5450 Reflection St E Fife, WA 98424 Phone: (253) 926-6009 Fax: (253) 922-7211 From: slambert@reidmiddleton.com To: team@tc2inc.com Subject: RE: CP1513 - 22nd & I -TC2 services Date: Fri, 22 Apr 2016 00:56:42 +0000 Thanks Jen,that sounds great. The City has asked for fee backup from our subs. Do you have something you could send over that breaks down your costs? And I will get back to you about scheduling once we get under contract. Thanks! Shannon Lambert,PE Project Engineer Reid Middleton Engineers I Planners I Surveyors Direct:425-741-5004 I Cell:425-328-5135 I Office:425-741-3800 I Fax:425-741-3900 1 From: truthindata@hotmail.com [truthindata@hotmail.com] on behalf of Jen H [team@tc2inc.com] Sent:Thursday, April 21, 2016 3:31 PM To: Shannon Lambert Subject RE: CP1S13 - 22nd &I -TC2 services Shannon, My price sheet says a maximum of$1300.00, but I'll go ahead and quote this one out, firmly at$1,000.00. Please let us know when/if you'd like them scheduled. We can get them out as early as next week :) Jen *LOOK! OVXAIDK,FSS.7-c4SC7fAWGcE(1)* den and air 7C2Inc Team TC'-inc: Traffic Count Consultants, Inc wxr,rerce„frei) TeamATC2inc.com Web Site: TC2inc.com 5450 Reflection St E Fife, WA 98424 Phone: (253) 926-6009 Fax: (253) 922-7211 From: slambcrta,reidmiddleton.com To: team a,tc2inc.com Subject: CP 1513 - 22nd & I -TC2 services Date: Thu, 21 Apr 2016 20:54:37+0000 Hi Jen, Here's a follow up email to our phone call. I'm putting together the scope and fee for a single lane roundabout at the intersection of 22nd & I in Auburn. Below is the text from our scope; please let me know if it should be modified in any way. And please also send a fee spreadsheet that can be included in our fee package. The Consultant will place traffic counter hoses on 22nd Street NE and I Street NE to collect one week of average daily traffic (ADT) and vehicle classification counts. Thanks, Shannon Lambert, PE Project Engineer Reid Middleton Engineers I Planners I Surveyors 728 134th Street SW I Suite 2001 Everett,WA 98204 Direct:425-741-5004 1 Cell:425-328-5135 I Office:425-741-3800 1 Fax:425-741-3900 Find Us Locations I Website I Bloq I Facebook I Linkedln I Twitter I YouTube Find Me 2 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: I. 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 (I) 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-491 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-I(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-491 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 Reid Middleton, Inc. whose address is 728 134th Street SW Suite 200, Everett WA 98204 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 e) 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. Reid Middleton, Inc. Consultant(Firm Name) dr, der",igh tiblP aarair Signature(Auth. ized OtC.nsult- t) 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. Reid Middleton, Inc. Consultant(Firm Name) CAPS. Signat e(Aut.orize. Ifficial I Consultant) Date Agreement Number: AG-C-491 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, an 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. Reid Middleton, Inc. Consultant(Firm Name) • 44 Pkise ;i24111, Signature(Author ed • ficial o onsult.nt) Date Agreement Number: 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 CP1513: 22nd & 1 St NE Improve * are accurate, complete, and current as of ". 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: Reid Middleton, Inc. Signature , Ttle Date of Execution***: *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) '*Insen the day,month,and year.when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,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-491 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 Arc Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, 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 find, 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 $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-491 WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 10/30/2014 Exhibit l 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 manager 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-49 I WSDOT Form 140-089 EF Exhibit 1 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 lbrwarded through the Region Local Programs Engineer to LP for their review and consultation with the FH WA. 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 FI-1 WA, 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. Aereement Number: AG-C-491 WSDOT Form 140-089 EF Exhibit l 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 I, 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 FI-I 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-491 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 Public 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. Agreement Number: AG-C-49 I WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014