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HomeMy WebLinkAboutHuitt-Zollars Inc AG-C-232 , ((3/(,.'7 . AGREEMENT FOR PROFESSIONAL SERVICES AG-C-232 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with, Huitt-Zollars, Inc., a corporation whose address is 814 East Pike Street, Seattle WA 98122-3893, hereinafter referred to as "CONSULTANT". In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, attached and by this reference made part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31, 2004. The Project Schedule is shown on Exhibit 8, which is attached and by this reference made part of this Agreement. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The total amount of the Agreement is not to exceed $80,000.00. Paid per rates are attached in the fee schedule as shown on Exhibit C, which is attached and by this reference made part of this Agreement. --------------------------------------------- Agreement lor Prolessional Services AG-C-232 April 12, 2004 Page 10111 '_ ...__._~_.__.__~,.,_ ....__."m.______.. _.__.___~.. -~--_._- _._~- The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit D, at the actual cost to the CONSULTANT plus 10%. Exhibit D is attached hereto and by reference made a part of this Agreement. These charges may include, but are not limited to the following items: reproduction fees, communication fees, and mileage. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification , shall be negotiated and approved by the CITY prior to any effort being expended on such services or work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4. 4. MANAGEMENT RESERVE FUND. The CITY may establish a Management Reserve Fund to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this r Agreement. Such authorization(s) shall be in writing, prior to the CONSULTANT expending any effort on such services, and shall not exceed $10,000.00. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the Management Reserve Fund shall be negotiated and approved by the CITY prior to any effort being expended on such services. --------------------------------------------- Agreement for Profe~sional Services AG-C-232 April] 2.2004 Page20fll - ..__._-----~ 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally accepted professional engineering and architectural standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICA TIONIHOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents, officers and employees, this -------------------------------.---._-------- Agreement lor Prolessional Services AG-C-232 April 12. 2004 Page 3 01 11 _ ._.___~___ __ _,'.'___w____________ ....-.. .- indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, commercial general liability insurance against claims for injuries to persons or damage to property which may arise from or in conjunction with services provided to the CITY by the CONSULTANT, its agents, employees or subcontractors, under this Agreement. The CONSULTANT agrees to provide commercial general liability insurance and shall maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide and maintain professional liability coverage in the minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and TWO MILLION DOLLARS ($2,000,000) aggregate. The general liability coverage shall also provide that the CITY, its officers, employees and agents are to be covered as additional insured as respects: Liability arising out of the services or responsibilities performed by or under obligation of the --------------------------------------------- Agreement for Professional Services AG-C-232 April 12. 2004 Page40ftl - . .' .~_.______.._m___~____..____~__._,.,____.________._____~__...___ CONSULTANT under the terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors. Both the general liability and professional liability coverage shall provide that the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance or self insurance maintained by the CITY, its officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not contribute with it. Each insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty (30) days prior written notice has been given to the CITY by certified mail return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of insurance to the CITY speCifying the coverage required by this section within 14 days of the execution of this Agreement. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 9. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 10. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such --------------------------------------------- Agreement for Professional Services AG-C-232 April 12. 2004 Page 5 01 11 - .._~-_._~...._-,--_._._.._-- .-- other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission --------------------------------------------- Agreement for Protessional Services AG-C4232 April t2, 2004 Page 6 of 11 --,._-'---~_.._---~.._- ..._~_.__.__._.-. ------_..__._.._---_.~_. -.. ...~-_..- of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 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. 12. TERMINATION OF AGREEMENT. This A9reement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. --------------------------------------------- Agreement lor Prolessional Services AG-C-232 April 12, 2004 Page 7 01 11 - _...._."-~...,-~~---- ~-._-~._~~"~---~._,--_..~ 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 13.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. --------------------------------------------- Agreement for Professional Services AG~C-232 April 12, 2004 Page80fll -------- _.._----,- ~--~-------_._.._-~....- 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Fred Glick on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Huitt-Zollars, Inc. Attn: Emily Terrell Attn: Fred Glick 25 W Main Street 814 East Pike Street Auburn WA 98001 Seattle WA 98122-3893 Phone: 253.804.5086 Phone: 206.324.5500 Fax: 253.931.3053 Fax: 206.328.1880 E-mail: eterrell@ci.auburn.wa.us E-mail: fglick@huitt-zollars.com 13.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 13.9, or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. --------------------------------------------- Agreement for Professional Services AG-C-232 April 12, 2004 Page 9 01 11 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. --------------------------------------------- Agreement for Professional Services AG-C-232 April 12, 2004 Page]O of II --'-----~-_.._----~--~._-------- --~._.._--- CITY~~ ~ ~ Peter B Lewis, Mayor Date <dL.Cf &If - ATTEST: ~~, Oanielle E. Daskam, City Clerk axlD# H :\Consultants\Agreements\2004\AGC232 Agreement.doc --------------------------------------------- Agreement lor Prolessional Services AG-C-232 April 12. 2004 Page 11 0111 - -..__..~------_._._---_._~- -.-....- EXHIBIT A SCOPE OF WORK Proiect Purpose: Introduction. As envisioned by the City of Auburn, the purpose of this project is to complete a conceptual study of improvements supportive of improved pedestrian use, safety and access at the Auburn Way/Main Street intersection, while maintaining traffic flows. Improvements may include enhanced pedestrian crossings, landscaped medians and/or restricted left turns on Auburn Way from 4th Street NE to Cross Street SE. The study recommendations will integrate urban design schemes and related aesthetic enhancements for this key intersection in the City's Downtown, to enhance pedestrian oriented development and design sensitive to business needs in this study area. Downtown Plan Compliance. In accordance with the 2001 Downtown Plan, the City wishes to provide the downtown merchants, citizens of the community and visitors with a safer, more inviting and easily accessible downtown. The City wishes that the potential changes to this central downtown intersection create a pleasant and functionally integrated place within the City. The traffic safety issues inherent in the current physical layout of Auburn Way (a principal arterial) between 4th Street NE and Cross Street need to be addressed. The pedestrian circulation issues in the same vicinity and in relation to the cross-streets also need to be addressed and resolved. Integrity of Circulation Networks. It is also clear that the City needs above all to maintain and enhance the integrity of the transportation network. Huitt-Zollars' goal is to preserve and improve the overall integrity of the transportation network while also upgrading the pedestrian streetscape conditions within the study area. Proiect Scope: TASK 1 -Identify Relationships to City's Downtown Revitalization Policies and Strategies Approach: Huitt-Zollars will review the City of Auburn's Downtown Plan and other related adopted documents. Huitt-Zollars will conduct a block by block analysis of how the City's adopted streetscaping and pedestrian orientation policies and strategies can be met while still maintaining Auburn Way's principal arterial functions. Mr. Glick will lead the effort to work closely with Auburn's downtown merchants, Chamber of Commerce, Auburn Downtown Association, adjacent property owners, Auburn School District, and other stakeholders as required to ascertain their key concerns, issues and Page ] of] ,._._----._--------,-,._._~~_._---" .-. opportunities. Huitt-Zollars will work within the parameters established by the 2001 Downtown Plan relating to the: . Vision for Downtown, . Downtown Profile, . Plan Strategy, and . Downtown Plan Districts. Other portions of the Downtown Plan that are important to this streetscape and intersection improvement design study will be identified in collaboration with City staff and addressed. Notice to proceed is currently anticipated for April 20, 2004. Task 1 will be completed within approximately one month following receipt of written notice to proceed. City's Responsibilities: City will provide Huitt-Zollars with a complete copy of the Downtown Plan upon Notice to Proceed. City will provide Huitt-Zollars with limits of the work area. Deliverables: Analysis memorandum documenting our findings relative to the City's Downtown Revitalization Policies and Strategies. Memorandum will be in both narrative and graphic format, as required. TASK 2 -Inventory Existing Conditions Approach: Huitt-Zollars will inventory existing conditions and physical improvements within and along the study area public right of way. Conditions that will be inventoried include: . Traffic lanes: continuity, width, turning movements, on-street parking, relationship with pedestrian crossings. . Level of service: traffic delay at intersections, compared to City adopted levels of service . Transit service and facilities: bus stops, routes and frequency in the corridor and vicinity; linkages to commuter rail service. . Pedestrian and Traffic safety: accident locations and frequency along the corridor. . Pedestrian ways: sidewalks, bulb-outs, crosswalks, plazas, streetscape furniture. . Lighting: pedestrian and travelway. Page I of6 - ..-- .--.-- -.-.-..-.---- ------------- .-.- . Utilities: above ground utilities (e.g. power poles) . Street trees: location, continuity, purpose, effectiveness, value of in-ground vs. aboveground planters. . Planted medians: Currently there are two planted medians in the Auburn Way right-of-way, located just north and south of the East Main Street intersection. (However, they can be made to be much more visually appealing than they are today. We will evaluate these two planters and determine whether there's an opportunity to increase planted medians along Auburn Way.) In addition to these conditions, other aspects of the public right-of-way that may need to be addressed include the relationship between cross-streets and Auburn Way, the effect of retail awnings on the pedestrian right-of-way and other appurtenances, and the identification of other existing conditions by business interests and other members of the public. The other proposed projects in the vicinity of the study area will be reviewed and evaluated with the City relative to the Auburn Way corridor project. Task 2 will be completed within approximately one month following receipt of written notice to proceed. Tasks 1 and 2 will proceed in parallel during the first month of the project. City's Responsibilities: City will provide Huitt-Zollars with electronic copies of street and sidewalk configurations throughout study area in AutoCAD (i.e. base mapping). Such mapping should include at a minimum: curbs and gutters, sidewalks, catch basins, striping, landscaped medians, curb cuts, handicap ramps, street lighting, utilities, right-of-way lines, adjacent property lines, easements, and adjacent building locations. City will provide additional AutoCAD information such as pedestrian lighting, sidewalk planters, street trees and other plantings, and streetscape furnishings as available. Base mapping will cover entire study area including: . Auburn Way from NE 4th Street NE to 4th St SE (Cross Street SE) . East Main Street from 1/2 block west of Auburn Way to the eastern fayade of the new Public Safety Building east of Auburn Way. Additional electronic base map information such as aerial photos and GIS files will be provided to Huitt-Zollars as needed and as available. City shall provide Huitt-Zollars with all traffic and accident data available for study area. Deliverables: Inventory memorandum documenting overall existing conditions within Auburn Way 1 East Main Street project study area. This memorandum will include streetscape conditions in both the motor vehicle travelway and in the pedestrian right- of-way. This memorandum will be in both narrative and graphic format, using plan graphics, sections and other illustrative materials for presentation purposes. Page 20f6 - ._._~.._-~ ---_.._..__._---_..~- - --------------. TASK 3 - Conduct Issues Identification/Alternatives Analysis Approach: Huitt-Zollars will analyze pedestrian crossing issues within the Auburn Wayl East Main Street intersection. This assessment will include identification of issues affecting the placement of access management, landscaping and pedestrian improvements including but not limited to right of way width, traffic volume and level of service, travel patterns, sight distances and signage obstructions. As part of this effort, Huitt-Zollars representatives will meet with City Staff, and review each of these particular factors. We will determine the following about each: . State of existing pedestrian right-of-way conditions, i. Effectiveness of each, ii. Opportunities for improvement of each. . Safety level of each travelway condition that exists today, i. Opportunities for improving safety. Further, the Huitt-Zollars team will assess the following traffic conditions for the Auburn Way I East Main Street Intersection: . Evaluate LOS for up to three alternative intersection improvement scenarios. . Conduct qualitative analysis of truck impacts for up to three alternative intersection improvements. . Conduct qualitative analysis of transit impacts for up to three alternative intersection improvements. Identified conflicts with adjacent property owners will be inventoried. These may include but not be limited to: . Awnings that conflict with public improvements such as street trees, . Traffic signal poles, . Narrow sidewalks in locations where pedestrians require additional space for safe movement, . Obstructions in the pedestrian right-of-way, . Continuity of the pedestrian right-of-way from block to block (or non-existence of sidewalks in some locations), and . Surface texture of East Main Street sidewalks west of Auburn Way (with numerous score joints from the boardwalk concept collecting dirt and debris). These represent a few of the types of conflicts, which may be worth exploring further with City Staff. Page ] of I -.-._- - .._-~----~-~ ...----- Opportunities for urban design and streetscape improvements, including gateway features and/or wayfinding signage, will be identified and assessed. In order to bring the Main Street corridor into a more inviting condition, changes would need to occur to the existing improvements along Main Street west of Auburn Way, while at the same time enabling new compatible improvements to be implemented east of Auburn Way. Task 3 will be completed within approximately two months following receipt of written notice to proceed. City's Responsibilities: City shall provide Huitt-Zollars with copies of plans and specifications of urban design improvements by Sound Transit at the new Commuter Rail Station. Deliverables: Issues and opportunities memorandum will be prepared documenting all pedestrian streetscape and roadway conditions reviewed for this study area. Results will be formatted using both narrative and illustrative graphics, similar to other streetscape design projects undertaken by Huitt-Zollars. Three alternative streetscape configurations for the full Auburn Way study area will be prepared for review by the City. TASK 4 - Corridor Urban Design Concepts/Preliminary Engineered Intersection Design Approach: Huitt-Zollars will prepare urban design concepts for the Auburn Way Corridor and preliminary (30%) engineered design for physical improvements to the intersection of Auburn Way and East Main Street. These drawings will cover identified key improvements that evolve as necessary from earlier phases of the work effort. Depending on the limit of work of the study area identified in discussions with City staff, Huitt-Zollars may generate a phasing plan for streetscape improvements. The urban design concept generated for Auburn Way may become the prototypical streetscape design approach for other project areas within downtown Auburn. A preliminary opinion of probable cost (OPC) for construction of the proposed improvements and, if deemed necessary, a phased implementation program will be prepared for the proposed improvements. The OPC will be generated from actual construction unit costs associated with recently completed projects of a similar scale and nature in the Auburn vicinity. Sources utilized will be discussed with City staff to be certain that the City and consultants are in agreement as to the origin of all cost figures generated by Huitt-Zollars. City's Responsibilities: City shall provide Huitt-Zollars with actual construction unit costs associated with recently completed projects of a similar scale and nature in the Auburn vicinity as available. Page 4 of6 -- "--- - - '---_._---_._~~-_._----_._--_._.~,....._~-----.._-~~_.- "'- Deliverables: Huitt-Zollars will prepare a Preliminary Draft Study focusing on recommendations for both corridor urban desi9n concepts and preliminary engineered intersection design. The report will segue from the previous three memoranda submitted to the City into the project design recommendations. There will be a seamless series of steps in this process, resulting in this preliminary design report, The three previous memoranda will be treated as appendices with the Preliminary Draft Study becoming the primary document. The Preliminary Draft Study suitable for presentation to the State will be submitted to the City with ample time (mutually agreed upon as per project schedule) to meet the July 15, 2004 State submittal deadline. The Preliminary Draft Study will be revised over the following months based on input from the City and various stakeholders. The Final Study will be presented to the City Council (or Council Committees) no later than December 2004 by City Staff with support from Huitt-Zollars. A preliminary opinion of probable cost (OPC) will be prepared by Huitt-Zollars for the proposed improvements to the Auburn Way corridor and Auburn Way I East Main Street intersection in support of the City's July 15, 2004, submittal of a preliminary plan to the State. The preliminary OPC will be revised over the following months to reflect revisions to the Preliminary Draft Study, and presented along with the Final Study to the City Council (or Council Committees) no later than December 2004. Public Involvement In collaboration with the City, two public involvement meetings will be held with property owners, businesses, and other stakeholders to gather input during the course of the study's development. The first meeting will occur as part of the issues identification phase (Task 3 above). This meeting is tentatively scheduled for the week of June 21, 2004. The second meeting will be held to present the findings of the draft Study. Meeting 2 is tentatively scheduled for the week of September 13, 2004. City's Responsibilities: City shall be responsible for public meeting logistics, such as creating list of invitees, sending out invitations, meeting advertisement, arranging for meeting room(s), rental of such facilities (if necessary), and including all related costs. Page 5 of6 "- _... .------ -.. -. EXHIBIT B PROJECT SCHEDULE Task Duration Start End 1. Identifv Relationshios to Downtown Plan 24 days Tue 4/20/04 Fri 5/21/04 2. Inventorv Existino Conditions 24 davs Tue 4/20/04 Fri 5/21/04 3. Conduct Issues Identification/Alts Analysis 25 davs Mon 5/24/04 Fri 6/25/04 3a. Public Meetina #1 Wed 6/23/04 Wed 6/23/04 4. Corridor Urban Desion Conceots/Prelim. Intersection Desion 116 davs Mon 6/26/04 Mon 12/6/04 4a. Submit Preliminarv Draft Study to City for Review Thur 7/6/04 Thur 7/6/04 4b. Resubmit revised Preliminarv Draft Study to City Wed 7/14/04 Wed 7/14/04 4c. City to submit Preliminarv Draft Study to State Thur 7/15/04 Thur 7/15/04 4d. Public Meetino #2 Wed 9/15/04 Wed 9/15/04 4e. City Council Presentation of Final Study Mon 12/6/04 Mon 12/6104 Notes: 1. Assumes written Notice to Proceed is received by Huitt-Zollars on 4/20/04. 2. Schedule is based on Huitt-Zollars proposed scope of work dated 4/8/04. Changes in scope may require revision to schedule. 3. Public Meeting dates are approximate. Actual dates may vary based on availability of invited participants. Page J of I ---_.---_.,_.~- --.--_.-._._-_._--_._----~-_...._._._~ EXHIBIT C FEE SCHEDULE HOURS - HUITT-ZOLLARS. INC. Project Land. PROJECT TASKS Principal Mgr. Arch. Planner Transp. Eng. CAD Tech Clerical Subtotal Cost Identify Relationships to Downtown Plan 4 6 12 $2.773.00 Inventory Existing Conditions 6 24 40 8 8 12 4 $10.378.20 Conduct Issues Identilication/Alts Analysis 12 36 68 8 16 15 4 $16.682.88 Public Meeting #1 8 16 40 $6.537.44 Preliminary Urban Design/Eng Concepts 24 64 80 4 16 40 4 $24.521.68 Public Meeting #2 8 16 40 $6,537.44 Council Presentation 8 8 $2,403.84 I" 268 32 40 67 12 $83.20 $114.14 $164.80 $83.20 $51.20 PROJECT TASKS HOURS - MIRAI REIMB. TASK TOTALS Transp. Transp. Principal Planner Eng. Support Subtotal Cost Identify Relationships to Downtown Plan $2.773.00 Inventory Existing Conditions 12 12 10 4 $3,300.00 $13,678.20 Conduct Issues Identification/AIlS Analysis 17 8 12 $3,600.00 $20.282.88 Public Meeting #1 $6.537.44 Preliminary Urban Design/Eng Concepts $24,521.68 Public Meeting #2 $6,537.44 Council Presentation $2,403.84 ..,.-... . 1IIIlII..' .' ' ., 'I" 1 // _Ie ~;t/ ,',"",I \! .', * bi . ~. lib! Sub-totals: 4 $6,900.00 $73.961.48 Hourly Rate (3.2 multiplier): (see below) Markup (10%): $690.00 $ 235.50 $925.50 ",1.1,' $2,590.50 $80.014.98 $2,600.00 $80,000.00 Page 2 of2 -'^.-.-. _...._~~..,,* Reimbursables Assumptions: Repro @ 2 public meetings (8 boards ea) $ 750.00 Repro @ Prelim Study (assume 10 copies) $ 250.00 Repro @ Final Study (assume 10 copies) $ 250.00 Repro @ State Submittal (assume 5 copies) $ 125.00 Supplies & Relreshments @ 2 Public Mtgs. $ 500.00 Courier Charges (8 charges) $ 320.00 Shipping Charges (8 FEDEX) $ 160.00 Total: $ 2,355.00 Page] of2 .-._-~-_._--- --~~-- ----.-"---" EXHIBIT D DIRECT NON-SALARY REIMBURSABLE EXPENSES . Reproduction Fees . Communication Fees . Mileage at $0.375/mile or the current approved IRS rate. It is understood that all reimbursements are at cost and will be marked-up 10%. Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts with other consultants, such as appraisers andlor environmental consultants, etc. If approved, the CITY shall reimburse the CONSULTANT for the actual cost of the subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead expense associated with the Subcontract. Page ] of] .-.- CONSULTANT INVOICES Consultant invoices should contain the following information: . On consultant letterhead. . A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. . Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10). . Invoice date. . Period of time invoice covers. . Consultant Agreement # (i.e.: AG-C-115). . Project number(s) listed (i.e.: PR562). . City's project manager listed. . The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-way, or construction) or task order number. . Direct salary (base salaries) . Indirect salary (benefits) . Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The City does not pay for consultant meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform consultants as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. . Previous and remaining base contract amounts left in each task and total contract - total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. . Percentage of work completed to date compared to total amount of work (if required by the project manager). . Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. . Invoices for previous year are due by January 15th . For grant/special funded projects there might be other special information needed, reference the LAG manual. ^"'----..- _._---..,_.._---_._--_._~._--- " I_ SAMPLE INVOICE City 01 Auburn Invoice #: 5222 25 West Main Progress Payment #: 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement #: AG-C-010 Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourlv Rate Amount Mike Jones, Principal in Charge 1 $125.00 $125.00 Carla Maker. Architect 5 $ 72.00 $144.00 Joe Smith. Word Processino 10 $ 48.00 $480.00 Consultant Personnel Sub Total: $749.00 Exoenses (see attached documentation) Charoes Muitioiier Total Mileage ($0.345/mile): 20 miles x 1.1 $ 7.59 Communications: $30.00 x 1.1 $33.00 Printino: $29.00 x 1.1 $31.90 Consultant Expenses Sub Total: $72.49 Consultant Total: $821.49 SUB CONSULTANTS Subconsultant (see attached documentation) Hours Hourlv Rate Amount . ABC ENVIRONMENTAL, INC., Civil Engineer 10 $100.00 $1,000.00 ELECTRICAL CONSULTING. Electrical Engineer 5 $10000 $ 500.00 MECHANICAL SOLUTIONS, Mechanical Engineer 10 $100.00 $1.000.00 MRF* MOVING COMPANY. Movino Consultant 2 $100.00 $ 100.00 Subconsultant Sub Total: $2,600.00 x 1.1 Multiplier: $ 260.00 Subconsultant Total: $2,860.00 "._'._.._n_n_.._.._u_n__._n_.._.._n_,._u_.._.._n_n_n_.._'._.._n_n_"_.__n_n_n_u_u_.._n_n_n_"__'_.._n_n_n_.._u__._.._n_.._.._.._n_.._.._u_.._.._.._u_.._n_ ____u____u___._____u_u__u!2::r~~gLJ~::r':tI~_IIII~Qlg~u_____u_u___u__J~,~~1::".~___u____u__ CONTRACT BREAKDOWN Amount Prior This Total Invoiced % % Amount Task Authorized Invoiced Invoice To Date Expended Completed Remaining Original Contract ..$??,OO().()():p1,g?(:i,()() ..........l2,(j~1:49 ........gX()E3:4fj 20% 25%l18,?fj}(:j1 MRF* $2,500.00 $0.00 $1,00000 $1,000.00 40% 45% $1,500.00 TOTAL $24,500.00 $1,025.00 $3,681.49 $4,706.49 $19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. .- ~~-_..- November 10, 2004 Memorandum of Understanding Project: C409 Auburn Way Pedestrian Improvements Agreement: AG-C-232, between the City of Auburn and Huitt-Zollars, Inc. This memorandum serves to modify the scope of work and authorize a portion of the management reserve funds. The changes to the scope are described as follows: 1. CONTRACT TERM: There is no change to the date of termination. 2. SCOPE OF WORK: See Exhibits A and B modifying the scope of work and delivery of submittals. 3. COMPENSATION: The total amount payable for this work is $24,264.06. This includes $20,023.77 of remaining authorized funds from the original agreement, plus $4,240.29 of the total $10,000 in Man ment Reserve Funds. The remaining unauthorized value of na ent Reserve Funds is $5,75 he total value of the contract re , nnifer Dvorak roject Manager City of Aurrn / Date -11 1- "j b t.( I ( ------ EXHIBIT A REVISED SCOPE OF WORK Purpose of Amendment: The purpose of this amendment is to clarify the work performed to date and to redefine the remaining elements of work, schedule and fees on this contract. A conceptual study of improvements supportive of improved pedestrian use, safety and aGcess at the Auburn WaylMain Street intersection remains the intended purpose of the project. Summary of Work Performed to Date: The original scope of work has been partially completed as of October 2004. Those completed tasks include: a. Task 1 - Identify Relationships to City's "Downtown Revitalization Policies and Strategies". b. Task 2 - Inventory Existing Conditions. A partial completion of the following tasks generally includes: a. Task 3 - Conduct Issues IdentificationlAlternatives Analysis. Completed items include a preliminary draft report of the issues and opportunities. No alternative streetscapes have been developed, nor have levels of service been evaluated for any intersection improvements. b. Task 4 - Corridor Urban Design ConceptslPreliminary Engineered Intersection Design. Completed work includes two public outreaclh meetings. No final report has been developed, nor have any conceptual designs, phasing plans, or estimates been developed. Remaining Tasks for Completion: The following Tasks 5 and 6 will entirely replace any further work from Tasks 3 and 4 described above. Any additional work required on Tasks 3 and 4 will no longer apply. TASK 5 - Develop Conceptual Design Plans Work will include developing two corridor design alternatives (30% design level effort). The alternatives will consist of modifications between 4th Street NE and Cross Street SE along Auburn Way. Modifications must tie in with Main Street but will not directly alter the current driving or parking configuration on Main Street. Page 1 of5 ",.,-- Design variations will include median improvements andlor c-curbing, bulb-outs, sidewalk widening and street furniture recommendations. Improvements will consider the removal of parking throughout the corridor and left turn phasing modifications at Main Street and Auburn Way. Any phasing modifications will be conceptual in nature and the City will perform any modeling. No removal of driving lanes or signal modifications at other intersections will be evaluated. Base mapping will make use of existing AutoCAD files currently with the consultant. Base mapping linework will be adjusted by the consultant, as required, basE!d upon the survey spot checks provided to Huitt-Zollars during Task 2 - Inventory Existing Conditions. Alternatives will consist of overlays on the existing base map. Phasing recommendations, if needed, will be incorporated (i.e. through color-coding or other means) into each alternative. A short technical memorandum discussing thiS benefits and drawbacks of each alternative, as well as any other issue affecting access management, aesthetics, pedestrian safety, sight distances, etc will be provided. A preliminary opinion of probable cost (OPC) for construction of the proposed improvements will be prepared. The OPC will be generated using unit costs from projects of a similar size and nature in the Auburn vicinity. The City will review the conceptual plans and technical memorandum and provide a single set of consolidated comments. The Consultant will incorporate the comments into the revised and final conceptual plans. Consultant Deliverables: 1. Electronic plans in .dwf format for printing and review by the City. 2. Electronic technical memorandum in Word 2000 for printing and review by the City. 3. Revised plans to be used for City Council briefing in hard copy or PowerPoint format with only minor modifications. Also submit with 99% final draft of study (see below). 4. One (1) CD of final electronic drawing files in AutoCAD 2002 format, including all external reference files and any custom fonts and plot settings, for the final developed alternatives. City Deliverables: 1. Consolidated written comments for the draft plans. 2. Available unit cost data from recent construction projects of a similar siZE! and nature. TASK 6 - Finalize Study for Submittal to the State Page 2 of4 '" -.. .--.- This task will consist of consolidating all previous work under this contract, including new work in Task 5, into a final report to the State no later than December 2004. Work from previous tasks may be included within the main text or inserted as appendices. The final report should be bound and laser-printed for final submittal to the State. The City anticipates significant consolidation and streamlining of the current draft prior to proceeding with final edits by the Consultant. Therefore the City will provide comments to the current draft, as well as some general outline modifications for the final report. Consultant Deliverables: 1. Five (5) copies of the final draft report for comment by the City (90% completion). 2. Five (5) copies of the final draft report for final comment by the City (99% completion). 3. Four (4) copies of the final report, bound and laser-color printed. The City will forward the report to the State upon receipt from the Consultant. 4. One (1) CD of the final report, including all appendices and diagrams, in .pdf format. 5. Attendance and technical support at one City Council meeting. City Deliverables: 1. General outline of the final report format. 2. Consolidated written comments for the 90% and 99% report reviews. 3. Scheduling, organizing and briefing of the report to the City Council. Page 3 of5 EXHIBIT B PROJECT SCHEDULE Task 5 - Develop Conceptual Design Plans Party: Deliverable: Date Provided: Auburn Construction Project Unit Cost Data November 12, 2004 Huitt-Zollars Draft Electronic Plans and Memo Novemb,er 26. 2004 Auburn Comments for Electronic Plans/Memo Decemb,er 3, 2004 Huitt-Zollars Final Plans December 14, 2004 Huitt-Zollars CD with plans December 20, 2004 TASK 6 - Finalize Study for Submittal to the State Party: Deliverable: Date Pmvided: Auburn Outline/comments for draft report November 12, 2004 Huitt-Zollars 90% Draft Final Report November 26, 2004 Auburn Comments for 90% Draft Final Report December 3, 2004 Huitt-Zollars 99% Draft Final Report December 14, 2004 Auburn Comments for 99% Draft Final Report December 16, 2004 Huitt-Zollars Final Report December 20, 2004 Huitt-Zollars/Auburn Brief to City Council December 20, 2004 Assumes the Notice to Proceed for Amendment 1 is given on or before November 12, 2004. Page 4 of 4 ~ -----, Auburn Way Pedestrian Improvements November 3, 2004 PROPOSED BUDGET FOR REVISED SCOPE OF WORK HOURS PROJECT TASK Principal I Project Mgr. I Transp. Eng.1 Clerical I Subtotal Cost TASK 5 - 30% Conceptual Design Plans (2 alts.) Draft electronic plans (ACAD; submit DWF files to City) 4 58 2 $ 6.889.72 Draft Technical Memorandum 2 8 1 $ 1,330.16 Preliminary OPC 0.5 8 1 $ 1,030.49 Revised electronic plans (ACAD; submit DWF files to City) 2 24 1 $ 2,941.36 Revised Technical Memorandum 1 4 1 $ 727.58 Revised OPC 0.5 4 1 $ 627.69 Site Visit (1) 4 4 $ 1,201.92 Task 5 Subtotal: 14 110 7 $ 14,748.92 TASK 6 - Finalize Study for Submittal to State Final Draft Report (90%) 4 32 1 1 $ 4,197.72 Final Draft Report (99%) 2 24 1 1 $ 2,992.56 Final Report (4 copies. bound, color; PDF file on CD) 2 8 1 1 $ 1,381.36 Briel City Council 5 $ 503.50 Task 6 Subtotal: 8 69 3 3 $ 9,075.14 . Sub-totals; 22 179 10 3 214 Hourly Rate; $199.78 $100.70 $125,00 $51.20 Total Labor; $ 4,395 $ 18,025 $ 1,250 $ 154 $ 23,824.06 Reimbursables; $ 440.00 Amendment 1 Total: $ 24,264.06 Previous Invoice Total; $ 49,976.23 Remaining Unauthorized MRF; $ 5,759.71 Total: $ 80,000.00 Reimbursables Budget Assumptions: . $ 4 copies Final Report 160.00 Courier Charges (4 charges) $ 160.00 Shipping Charges (4 FedEx) $ 80.00 Subtotal; $ 400.00 Markup (10%); $ 40.00 Total: $ 440.00 Exhib. C - Consultant Fee Schedule.xls Huitt-Zollars, Inc. A 3({, '1 AMENDMENT #1 TO AGREEMENT # AG-C-232 BETWEEN THE CITY OF AUBURN AND HUITT-ZOLLARS INC RELATING TO C409 AUBURN WAY PEDESTRIAN IMPROVEMENTS - sF THIS AMENDMENT is made and entered into this2tday of January 2005, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and HUITT-ZOLLARS, INC. (hereinafter referred to as the "CONSUL TANT"), as an Amendment to the Agreement between the parties for AG-C-232 executed on the 19th day of April 2004. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Servic:es is extended to February 28, 2005. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-232 executed on the 19th day of April 2004, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN ~~~, ~ -------------------------------------------------------------------- Amendment No.1 for Agreement No. AG-C-232 HUITT-ZOLLARS, INC. Page 1 of2 ATTEST (Optional): ATTEST: By: ~~~ !~~~;~Clerk Its: Approved as to form (Optional): Attorney for (Other Party) law REF. H:\FORMS\FE054A (2/04) -------------------------------------------------------------------- Amendment No. 1 for Agreement No. AG-C-232 HUITT-ZOLLARS, INC. Page 2 of 2