HomeMy WebLinkAbout7517305 Geotechnical Resources INC (GRI) Parking Lot Condition Assessment, Maintenance Plan & Budget -DocuSign Envelope ID: 6E58E0130-16BC-4229-83D6-F5880D631B6A
CITY OF AUBURN
AGREEMENT FOR SERVICES
Parking Lot Condition Assessment, Maintenance Plan & Budget.
THIS AGREEMENT made and entered into on this 20th of lune , 2023
(the Effective Date), by and between the CITY OF AUBURN (City), a municipal corporation of
the State of Washington, and Geotechnical Resources, Inc. (GRI, or Provider), whose
address is 1101 Broadway, Suite 215, Vancouver, WA 98660 (UBI # 601 601 587).
I. RECITALS
1. On April 1, 2022, the City issued a Request for Proposals (RFP) seeking qualified
consultants with the experience and expertise to conduct a Condition Assessment, Maintenance
Plan and Budget for pre -determined City -owned parking lots. The RFP set an April 28th, 2022
deadline for the submission of proposals;
2. The City received no proposals in response to its issued RFP. Accordingly, the City
separately investigated potential providers for its needed service and contacted GRI directly.
The City and GRI discussed GRI's expertise, capabilities and costs for the requested services,
enabling the City to evaluate GRI's suitability as a provider to meet the City's needed service
criteria;
3. The City determined that GRI met the City's criteria for these needed services and
sought a proposal for the services from GRI. GRI issued a proposal to provide the services
needed to meet the outcomes desired by the City relating to assessing the condition of and
putting together a maintenance plan and budget for certain City -owned parking areas. The City
has evaluated GRI's proposal and has determined that GRI is the most qualified available
provider for the City's needed services, and that GRI proposes to perform the services at a fair
and reasonable price to the City.
II. AGREEMENT FOR SERVICES
Accordingly, and in consideration of the conditions and the mutual promises and
covenants contained in this Agreement, the parties agree as follows:
Scope of Services
The Provider agrees to perform the tasks described on Exhibit "A". The Provider will be
responsible to provide work products and services of a quality and professional standard
acceptable to the City, consistent with the professional skill and care ordinarily provided by
architects and planners practicing in the same or similar locality under the same or similar
circumstances. The Provider will, without additional compensation, correct or revise any
negligent errors, omissions or other deficiencies in its plans, designs, drawings,
specification, reports and other services required, whether during or after the Term of this
Agreement, for up to 3 years after the Provider has concluded its services under this
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Agreement, or until all litigation, claims, disputes, or audits regarding such services are
finally resolved, whichever date is later. Any approval by the City of Provider's services
will not in any way relieve the Provider of responsibility for the accuracy and adequacy of
its services.
2. Additional Services
If additional services with respect to related work are required beyond those specified in
the Scope of Work, and not included in the compensation listed in this Agreement, the
parties will amend this Agreement prior to the Provider performing the additional services.
The amendment will set for the nature, scope, and payment terms of the additional
services. However, if the time period for the completion of such services makes execution
of an amendment impractical prior to the commencement of the Provider's performance,
the Provider agrees that it will perform such additional services on the written request of
an authorized representative of the City pending execution of an Amendment subject to
the terms and conditions of this Agreement except where the authorization provides to the
contrary. The invoice procedure for any such additional services will be as described in
Section 4 of this Agreement.
3. Provider's Representations & Qualifications
The Provider represents and warrants that it has all necessary licenses and certifications
to perform the services provided for in the Agreement and is qualified to perform those
services. Provider represents that the person signing this Agreement on behalf of
Provider has all requisite authority to bind Provider to the terms and conditions of this
Agreement.
4. Compensation
As compensation for the Provider's performance of the services provided for in this
Agreement, the City will pay the Provider the fees and costs specified in Exhibit "A".
These payments will be full compensation for work performed or services rendered and for
all labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to
complete the work.
The Provider will submit to the City a monthly invoice reflective of time and materials
charged. All invoices shall include the total amount of the contract, the remaining balance
available against the contract, the total associated cost of the current tasks and services
being billed and the remaining after balance. Upon acceptance of the invoice the City will
process the invoice in the next billing/claim cycle, and will remit payment to the Provider,
subject to any conditions or provisions in this Agreement or Amendment. The Contract
reference (GRI — Parking Lot Condition Assessment, Maintenance Plan & Budget)
must appear on all invoices submitted. Copies of original supporting documents will be
supplied to the City upon request.
The not -to -exceed amount for this agreement is THIRTY EIGHT THOUSAND FIVE
HUNDRED DOLLARS AND 00/100 ($38,500). The Provider will not undertake any work or
otherwise financially obligate the City in excess of this amount without prior written
authorization.
Compensation to be paid the Provider in succeeding years after the current year will be
contingent upon availability of funds.
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5. Time for Performance, Term, and Termination of Agreement
The term of this Agreement will commence on the Effective Date. The Provider will
perform the services in accordance with the direction and scheduling provided on Exhibit
"A", unless otherwise agreed to in writing by the parties. All work performed under this
Agreement will be completed by October 31, 2023.
Termination for Cause. Either party may terminate this Agreement upon written notice to
the other party if the other party fails substantially to perform in accordance with the terms
of this Agreement through no fault of the party terminating the Agreement. The notice will
identify the reason(s) for termination and specify the effective date of termination. In the
event of a default by Provider, City may suspend all payments otherwise due to Provider
and the City will have no further obligations to Provider.
Termination for Convenience. The City may terminate this Agreement upon not less
than seven (7) days written notice, which shall contain the effective date of termination, to
the Provider. If this Agreement is terminated through no fault of the Provider, the Provider
will be compensated for services performed prior to termination in accordance with the
rate of compensation provided in Exhibit "A". This payment shall fully satisfy and
discharge the City of all obligations and liabilities owed the Provider, who shall not be
liable for any anticipated profits or other consequential damages resulting from the
termination.
Upon receipt of a termination notice, the Provider will promptly discontinue all services
affected and deliver to the City all data, drawings, specifications, reports, summaries, and
such other information and materials as the provider may have accumulated, prepared, or
obtained in performing this Agreement, whether fully or partially completed.
All rights and remedies provided in this Section are not exclusive of any other rights or
remedies that may be available to the City, whether provided by Law, equity, in any other
agreement between the parties or otherwise.
6. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the Provider as part of his performance of this Agreement (the "Work Products") will be
owned by and become the property of the City, may be used by the City for any purpose
beneficial to the City, and are subject to the requirement of the Public Records Act, 42.56
RCW. The Provider acknowledges that the Agreement, and documents provided in
connection with this Agreement, become a public record and may be subject to inspection
and copying, unless the information is declared by law to be confidential or is otherwise
exempted from public records disclosure requirements. The Provider agrees to give its
fullest assistance to the City in identifying, locating, and copying any records in the
Provider's possession that are responsive, as determined by the City in its sole discretion,
to a Public Records Act request received by the City.
7. Records Inspection and Audit
All compensation payments will be subject to the adjustments for any amounts found upon
audit or otherwise to have been improperly invoiced, and all records and books of
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accounts pertaining to any work performed under this Agreement will be subject to
inspection and audit by the City for a period of up to three (3) years from the final payment
for work performed under this Agreement. If any litigation, claim, dispute, or audit is
initiated before the expiration of the three (3) year period, all records and books of account
pertaining to any work performed under this Agreement will be retained until all litigation,
claims, disputes, or audit are finally resolved.
8. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Agreement is
in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider
will continue to make a good faith effort to cooperate and continue to work toward
successful completion of the delivery of services and its contractual responsibilities.
9. Independent Contractor
The Provider will perform the services as an independent contractor and will not be
deemed, by virtue of this Agreement and performance of its provisions, to have entered
into any partnership, joint venture, employment or other relationship with the City. Nothing
in this Agreement creates any contractual relationship between the Provider's employee,
agent, or subcontractor and the City.
10. Administration of Agreement
This Agreement will be administered by Lindsi Hammond, on behalf of the Provider, and
by the Mayor of the City, or designee, on behalf of the City. Any written notices required
by the terms of this Agreement will be served on or mailed to the following addresses:
Josh Arndt Lindsi Hammond
City of Auburn Geotechnical Resources, Inc.
25 West Main St 1101 Broadway, Suite 215
Auburn WA 98001-4998 Vancouver, WA 98660
Phone: 253.931.4011 Phone: 503.641.3478
Email: Jarndt@auburnwa.gov Email: LHammond@gri.com
11. Notices
All notices or communications permitted or required to be given under this Agreement will
be in writing and will be deemed to have been duly given if delivered in person or sent by
electronic (email) or regular mail, postage prepaid, [by certified mail, return receipt
requested,] and addressed, if to a party of this Agreement, to the address for the party set
forth above. Delivery by email where no delivery failure notification has been received will
be deemed to have been one (1) business day after the email was sent. If addressed to a
non-party, the notice will be sent, in the foregoing manner, to the address designated by a
party to this Agreement.
Either party may change its address by giving notice in writing to the other party.
12. Insurance
The Provider will, at its sole expense, procure and maintain for the duration of this
Agreement and 30 days thereafter insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of this
Agreement by the Provider, its agents, representatives, or employees.
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Provider's maintenance of insurance as required by the Agreement will not be construed
to limit the liability of the Provider to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
The Service Provider will obtain insurance of the types described below:
a. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage will be at least as broad as Insurance Services Office (ISO) form
CA 00 01 (provider may use a substitute form providing equivalent liability coverage).
Provider will maintain automobile insurance with minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance will be at least as broad as ISO occurrence
form CG 00 01 and will cover liability arising from premises, operations, stop -gap
independent contractors, products -completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The City will be
named as an additional insured under the Provider's Commercial General Liability
insurance policy with respect to the work performed for the City using an additional
insured endorsement at least as broad as ISO Additional Insured endorsement
CG 20 26. Commercial General Liability insurance will be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
c. Worker's Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
d. Professional Liability insurance appropriate to the Provider's profession with limits no
less than $1,000,000 per claim and $2,000,000 policy aggregate limit.
For Automobile Liability and Commercial General Liability insurance, the policies are to
contain, or be endorsed to contain that Provider's insurance coverage will be primary
insurance as respects the City. Any insurance, self-insurance, or self-insurance pool
coverage maintained by the City will be excess of the Provider's insurance and will not
contribute with it.
Insurance is to be placed with an authorized insurer in Washington State. The insurer
must have a current A.M. Best rating of not less than AN.
The Provider will furnish the City with original certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of this Agreement before
commencement of the work.
The City reserves the right to require that complete, certified copies of all required
insurance policies and/or evidence of all subcontractors' coverage be submitted to the City
at any time. The City may withhold payment if the Provider does not fully comply with this
request.
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If the Provider maintains higher insurance limits than the minimums shown above, the City
will be insured for the full available limits of Commercial General and Excess or Umbrella
liability maintained by the Provider, irrespective of whether such limits maintained by the
Provider are greater than those required by this Agreement or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by
the Provider.
The Provider will provide the City with written notice of any policy cancellation within two
business days of their receipt of such notice. Failure by the Provider to maintain the
insurance as required will constitute a material breach of this agreement, upon which the
City may, after giving five (5) business days' notice to the Provider to correct the breach,
immediately terminate the agreement or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the City's sole discretion, offset against funds due the
Provider from the City.
13. Indemnification/Hold Harmless
Except for injuries and damages caused by the sole negligence of the City, the Provider
will indemnify and hold the City and its officers, officials, employees, and volunteers
harmless from any and all claims, injuries, damages, losses, or suits of every kind,
including reasonable attorney fees and litigation expenses, to the extent caused by the
negligent acts, errors, or omissions of the Provider, its employees, agents,
representatives, or subcontractors, including employees, agents, or representatives of its
subcontractors, made in the performance of this Agreement, or arising out of worker's
compensation, unemployment compensation, or unemployment disability compensation
claims.
However, should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the Provider and the Public Entity, its officers, officials, employees, and volunteers, the
Provider's liability, including the duty and cost to defend, hereunder shall be only to the
extent of the Provider's negligence.
It is further specifically and expressly understood that this indemnification constitutes the
Provider's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section will survive the expiration or termination of this Agreement.
The provisions of this section were separately and mutually negotiated by the parties.
14. Assignment
Neither party to this Agreement will assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party. No assignment or transfer of any
interest under this Agreement will release the assignor from any liability or obligation under
this Agreement, or to cause any such liability or obligation to be reduced to a secondary
liability or obligation.
15. Nondiscrimination
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The Provider may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements on the
grounds of race, color, creed, religion, national origin, sex, age, or where there is the
presence of any sensory, mental or physical handicap.
16. Amendment, Modification and Waiver
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement will be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or the party's or parties' duly authorized representative (s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver, approval or acceptance, or payment by any party will not affect or
impair that party's rights arising from any default by the other party.
17. Parties in Interest
This Agreement is binding upon, and the benefits and obligations hereto will inure to and
bind, the parties and their respective successors and assigns, although this section will not
be deemed to permit any transfer or assignment otherwise prohibited by this Agreement.
This Agreement is for the exclusive benefit of the parties and it does not create a
contractual relationship with or exist for the benefit of any third party, including contractors,
sub -contractors and their sureties.
18. Force Majeure
Any delay in the performance of any obligation under this Agreement shall be excused, if
and so long as the performance of the obligation is prevented, delayed or otherwise
hindered by any act not within the control of a party such as fire, cyber/ransomware attack,
earthquake, flood, explosion, actions of the elements, riots, mob violence, strikes,
pandemic, lockouts, and emergency orders of the state or federal government.
19. Applicable Law
This Agreement and the rights of the parties will be governed by the laws, regulations, and
ordinances of the City, of the State of Washington, and King County. Venue for any action
involving this agreement will be in the county in which the property or project is located, and
if not site specific, then in King County. It is agreed that any applicable statute of limitation
will commence no later than the substantial completion by the Provider of the services.
20. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and will not constitute a part of this Agreement or act as
a limitation of the scope of the particular paragraph or sections to which they apply.
Where appropriate, the singular will include the plural and vice versa and masculine,
feminine and neuter expressions will be interchangeable. Interpretation or construction of
this Agreement will not be affected by any determination as to who is the drafter of this
Agreement, this Agreement having been drafted by mutual agreement of the parties.
21. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision is illegal or
invalid for any reason, such illegality or invalidity will not affect the validity of the remaining
provisions.
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22. Entire Agreement
This Agreement together with any subsequent amendments or addendums contains the
entire understanding of the parties in respect to the transactions contemplated and
supersedes all prior representations, agreements and understandings between the parties,
either oral or written. No other understandings, oral or otherwise, regarding this
Agreement shall bind any party.
23. Non -Availability of Funds
Every obligation of the City under this Agreement is conditioned upon the availability of
funds appropriated or allocated for the performance of such obligation; and if funds are not
allocated and available for the continuance of this Agreement, then this Agreement may
be terminated by the City at the end of the period for which funds are available, without the
seven (7) days' notice provided by Section 5. No liability will accrue to the City in the
event this provision is exercised, and the City will not be obligated or liable for any future
payments or damages as a result of termination under this Section.
24. Counterparts
This Agreement may be executed in multiple counterparts, each of which will be one and
the same Agreement and will become effective when one or more counterparts have been
signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN
FW
ocuSigned by:
<`5 6/20/2023
Nancy Backus, Mayor
Approved as to Form:
DocuSigned by:
6/15/2023
Ken ra omeau, City Attorney
Geotechnical Resources, Inc.
DocuSigned by:
�,lln Sl t�mmbvJ 6/15/2023
Lindsi Hammond, Principal
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EXHIBIT A
Scope of Work
1101 Broadway. Suite 215
Vancouver, WA 98660
350-213-1690 1 www,gri,corn
June 6, 2023 PRO CITE OF AUBURN PARKING LOT RMP IMPLEMENTATION
(REVISED)
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Attention: Josh Amdt
SUBJECT: Proposal for Pavement Investigation
Parlring Lot Pavement Management Program (PMP) Implenserrtation
Auburn, Washington
GRI is pleased to submit this scope of work and fee estimate to the City of Auburn (the City) to
provide pavement inspection and analysis services. our scope of work includes performing
pavement management investigation and analysis of nine parking lot facilities that are owned and
operated by the City. We understand that Tittle maintenance has been conducted atthese facilities,
and there is no current pavement management database incorporating these parking Dots. GRI
will assess the current surface condition of the pavement at each parking lot through a pavement
condition index (PCI) survey and develop models using pavement management software to
predict the deterioration rate of the pavement. With this knowledge, we will estimate the
remaining Fife of the parking lots and develop recommendations for short-term and long-term
maintenance and rehabilitation strategies. Cour field investigation, analysis, and design
recommendations will be summarized in a report.
We have prepared the follovying scope ofworkthat outlines tasks necessary to prepare the report,
PROJECT DESCRIPTION
The parking lotfacilities being considered in our investigation are shown an the Site Plans, Figures
1 and 2, and summarized in Table 1, below. The approximate areas were determined based on
CIS imagery and the parking lot sections may be revised, if necessary, in the field.
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Table 1: PARKINS LOT SUMMARY
Kiss &- Ride Lot 781570fJ172
2 11 A Street NW Lot 781520{1100
3 B Street Lot 0489000040. 048 3 0 00 08 5. G4830W090
4 Safeway Lot 7331AO0135
5 D Street L --t 489W0005
7331AO04-60, 7331400485, 733140{1486,
6 Jusdoe Center Lot
7331400500,7331400510
7 JCErrrplo(ee -ot 859810OG30.859810{035.86981M040
8 AVHS Lot 3 5 2 1 04401 8
20.515
15,8W
20.631
59,018
7.292
46,702
14,692
12,420
Most of the lots being evaluated are located in the downtouwn area of the city with the exception
of the AVH5 Lot, which is located closer to the south end of the city. Based on a review of aerial
imagery, all lots appear to be surfaced with asphalt concrete. The total parking lot area being
considered in our evaluation is approximately 197,000 square feet.
APPROACH AND SCOPE OF WORK
We understand that the City does not currently maintain a pavement management database that
incorporates the parking facilities being considered in our evaluation. We will work with the City
to build a database for the city parking lots using the PAVER pavement management program.
The PAVERdatabase will allow unto perform a pavement condition analysis, analyze the predicted
deterioration of the parking lot pavements over time, and develop recommended maintenance
treatments for the parking lots,
Since FICI surveys have not been previously conducted for the parking lots, we will develop a
section layout for each parking lot. We will split each parking lot into sections based primarily on
how the sections are tieing utilized (i.e, ,drive aisles, parking stalls, etc.). To facilitate our visual
survey, we will further divride each section into smaller areas called sample units. Each sample unit
will have an area of 2,500 ± 1,000 square feet, and we will sur+iey an appropriate number of sample
units from each section to achieve a PCI confidence level of 95%.
GRI will conduct the PCI survey of the parking lots in accordance with the current version of ASTM
International D6433, .Standard Proctrce for Roads and Parking Lets Pavement Condit on Index
Survey. During the surrey, GRI will use data collection software that has quality control algorithms
to confirm correct inspection sample areas and inspection distress information. Utilizing digital
software also helps reduce the data entry issues common when using paper inspection forms and
increases efficiency. We will also take representative photos to document the condition of the
parking lot facilities at the time of our inspection.
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During the survey, GRI will also collect supplemental quaIitative parking Irt information that will
be summarized in our report. Supplemental information we veiII cDIlect and the means by which
we will characterize the information are summarized in Table 2, below;
Table 2: SUPPLEMENTAL INFORMATION SUMMARY
Sealing General Condition - Good}Fair{Poo r
Curbing General Structural Condition -Damaged Sections Present?
Drainage Present? - Yes/Nn
Debris around Drains? - YesiNo
Lighting Present? - Yes/No
Vegetation Present? - Yes/No - Trees/Bushes
Striping General Condition - GaodJFairlPaar
# Regular Parking Stalls Total Count
Handicap Parking Stalls Total Count
Using the PAVER software program. GRI will develop deterioration models to evaluate the parking
lot PCI at short -terra (1 to 2 years), medium-term (3 to 5 years), and long-term J5+ years) analysis
periods. As a pavement deteriorates and the PCI decreases, more substantival maintenance
treatment strategies are required to keep the pavement in a serviceable condition. Pavements
with a lower PCI typically require more expensive treatment options. GRI will work with the City to
identify typical maintenance treatment options and develop unit costs associated with each
treatment. The unit casts will be considered fully leaded; in other words, they will include the
n}aterial oast and factors to account for various items such as striping, mobilization, engineering.
contingency, etc.
GRI will evaluate the maintenance treatments required for the parking lot facilities and develop a
maintenance and repair plan that provides short-; medium-, and long-term treatment
recommendations. We will also identify and provide recommendations for any safety-related
issues where immediate repairs should be considered. The maintenance and repair plan will
include esdmate+d project costs for each of the recommended treatments that can be used to
develop a maintenance and repair budget
The results from our pavement investigation and analysis will be presenters in a report.
ASSUMPTIONS
'I. The City will provide available as -built construction drawings, technical reports, digital map
files (e.g,, GIS or AutoCAD) forthe parking lot facilities.
2. Our rehabilitation/reconstruction recommendations will be based on non-structural
design assumption. We will use publicly available information such as City design
standards, as -built records, and/or soils reports to supplement our assumptions.
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3. GRI does not charge a fee associated with using the PAVER pavement management
software. GRI will provide the craw data (e;g., .E70) so if the City elects at a future date, #Y --Y
can convert the PAVER data into different pavement management software such as
StreetSave r,
4. Our visual inspections will be performed on foot, during daytime hours, and we will not
require traffic control,
SCHEDULE
We can begin work immediately upon receiving notice to proceed. Assuming we receive notice
to proceed in early June 2D23, we can conduct our fief work during the summer of 2023, and
provide a draft report by mid-September 2023,
FEE
Our services Mll be provided on a time -and -expenses basis in accordance with the attached Fee
Stihedule, The estimated cost for the engineering services described in this proposal is $38,500. A
breakdown of the fee is shown on the attached Breakdown of Costs.
Please contact the undersigned if you have any questions regarding our scope of work, schedule,
and/or budget We appreciate the opportunity to submit this proposal and look forward to
working with you on this project.
Submitted for GRI,
Lindsi Hammond, PE
Principal
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Matthew Haynes,. PE
Project Engineer