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