HomeMy WebLinkAboutGray & Osborne Inc AG-C-300 - Closed 2/8/2011
2007 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-300
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 GRAY & OSBORNE, INC., a corporation, whose address is 701 Dexter
Avenue N., Suite 200, Seattle, WA 98109, 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, which is attached hereto and by this reference made a 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, 2007.
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.
Compensation will be on a time and material basis, not to exceed $50,300.00.
Costs will be based on Exhibit B, which is attached hereto and by this reference made a
part of this Agreement.
Agreement for Professional Services AG-C-300
May 9, 2007
Page 1 of 10
4. SUBCONTRACTING.
The CITY permits subcontracts for those items of work necessary for the
completion of the project. The CONSULTANT shall not subcontract for the
performance of any work under this AGREEMENT without prior written permission of
the CITY. No permission for subcontracting shall create, between the CITY and
subcontractor, any contractor or any other relationship.
Compensation for any subconsultant work is included in Section 3 of this
Agreement and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this AGREEMENT.
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
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
Agreement for Professional Services AG-C-300
May 9, 2007
Page 2 of 10
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. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers,
officials, volunteers, and employees harmless from any and all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or resulting from the
acts, errors or omissions of the CONSULTANT in performance 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,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, or employees.
CONSULTANT'S maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
Agreement for Professional Services AG-C-300
May 9, 2007
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a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles, with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
b. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, and personal injury and advertising injury, with limits
no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
The CITY shall be named as an insured under the CONSULTANT'S
Commercial General Liability insurance policy with respect to the work
performed for the CITY using the applicable ISO Additional Insured
endorsement or equivalent.
c. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the CONSULTANT'S
profession, with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability, and Commercial General
Liability insurance:
a. The CONSULTANT'S insurance coverage shall be primary insurance as
respects the CITY. Any insurance, self insurance, or insurance pool
Agreement for Professional Services AG-C-300
May 9, 2007
Page 4 of 10
coverage maintained by the CITY shall be excess of the CONSULTANT'S
insurance and shall not contribute with it.
b. The CONSULTANT'S insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after 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. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A-:VII.
The CONSULTANT shall furnish the City with certificates of insurance and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance coverage required by this
section, before commencement of the work. 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
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
Agreement for Professional Services AG-C-300
May 9, 2007
Page 5 of 10
the CONSULTANT, shall belong to and shall remain the property of the CITY OF
AUBURN. The CITY shall indemnify and hold the CONSULTANT harmless for CITY's
reuse of work product if such reuse is for anything other than its intended purpose. 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 athree-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 Professional Services AG-C-300
May 9, 2007
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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 athree-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 Agreement 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 for Professional Services AG-C-300
May 9, 2007
Page 7 of 10
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-300
May 9, 2007
Page 8 of 10
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 Roger Kuykendall 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
Attn: Tim Carlaw
25 W Main Street
Auburn, WA 98001
Phone: 253-804-5060
Fax: 253-931-3053
E-mail: tcarlaw(a~auburnwa.gov
Gray & Osborne, Inc.
Attn: Roger Kuykendall
701 Dexter Avenue N, Ste 200
Seattle, WA 98109
Phone: 206-284-0860
Fax: 206-283-3206
E-mail: ruykendall@g-o.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-300
May 9, 2007
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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.
C
r B. Lewis, Mayor
Date AUG 2 0 2007
ATTEST:
C ~~ ,
Danielle E. Daskam, City Clerk
APP&QVED AS TO FORM:
iel B. Heid, Citv A
GRAY & OSBORNE, INC.
BY: ( -
Title:~i'rc 5 ~ d CL~rT
Federal Tax ID # ~ !~~
Agreement for Professional Services AG-C-300
May 9, 2007
Page 10 of 10
EXHIBIT "A"
SCOPE OF WORK
CITY OF AUBURN
2007 LOCAL STORM DRAINAGE IMPROVEMENT PROJECT AND
DEVELOPMENT OF PROCEDURES FOR OUTSOURCING
ENGINEERING SERVICES
TASK I -DEVELOPMENT OF CITY PROCEDURES
Development of City Procedures. Working with City staff, develop a process and
related procedures for hiring outside consulting firms to perform project management,
design (PS&E), and/or construction management services on City public works projects.
The process shall define how City and Consultant Staff will work together to deliver "turn
key" projects. The City defines "turn key" to mean that the Consultant performs the
majority of work needed to design, permit, manage and inspect construction for public
works projects such that the work conforms to City code, policy, and procedures. The
following items will be included in process development:
Meet with City staff to identify various roles for City staff and aspects of outside
"turn-key" engineering services.
Create set of instructions for City Project Manager and Consultant.
Create checklist(s) to assist City and Consultant staff in tracking projects.
Create form letters for use with contractor and other agencies.
Develop sample default scope of work for design and construction management
services.
Submit draft procedures and forms to staff for review and comments.
Meet with City staff to discuss and incorporate their comments.
Provide final versions of procedures and forms in hardcopy and electronic format.
Include a feedback method so the process can be evaluated and modified, if
necessary, as projects are developed.
TASK II -DESIGN
Research and acquire, where available from the City, as-builts and record drawings for
the various sites. City to provide drainage system maps, basin maps, and drainage
basin delineations for those projects requiring delineations and flow estimates. Gray &
AG-C-300
Exhibit A
Page 1 of 5
Osborne shall rely on the accuracy of this data for the purposes of designing this
project.
Perform general site investigations to witness as-built conditions and assist the City in
identifying satisfactory and cost-effective alternatives to address each problem.
Perform limited hydrologic modeling for Projects No. 2 and No. 5 to estimate stormwater
flows. A technical memorandum will provide the background information and
calculations for the flow estimates. A formal drainage report is not included.
Perform a geotechnical investigation to assess and estimate the infiltration rate for
Project Site No. 2. It is assumed the City will provide a backhoe and perform the
excavation for two to three test pits at the site.
Acquire topographical and planimetric survey of Project Sites No. 2, No.3, and No. 5 to
include establishing surface grades, pavement edges, utilities, utility poles, hydrants,
valves, fences, major trees and significant landscaping, etc., in sufficient detail to
support adequate design. It is assumed that the City will have the utilities located in the
field prior to survey, as requested and coordinated by Gray & Osborne. All survey work
will be based on the City's datum. It is assumed the City will furnish datum and nearest
location of same for establishing control. It is assumed that control is available within'/
mile for each site requiring survey. Survey will include portions of the right-of-way plus
that necessary to match the new design with existing features on private property.
Scope of survey will be limited to the areas immediate to the existing rights-of-way and
drainage corridors. If survey is needed on private property, it is assumed that the City
will obtain access to those properties. Work does not include acquisition of title reports
for any of the properties involved, nor does it include a record of survey. Note: Our
scope of work does not include establishing right-of-way. Approximate location of right-
of-way lines will be shown on the plans based on "good engineering judgment". Precise
location of right-of-way lines and/or property lines can be provided, if requested, at an
additional negotiated price. It is assumed for this scope and fee that all work will take
place in City-owned rights-of-way.
Prepare preliminary and final project plans, specifications, and cost estimates. Provide
5 plan copies at 50% completion, and 9 copies of plans and specifications at 90
completion for City review. Amend documents, as necessary, to incorporate City
comments. Provide documents in City approved format. Specifications shall include
project description, proposal, general, and special provisions.
Provide City with original Mylar tracings, one hard copy, and an electronic file of the
plans, specifications, addenda (as applicable) and engineer's cost estimate.
Quality Assurance/Quality Control (QA/QC). Conduct internal QA/QC reviews at 50 and
90 percent design levels to assess quality of product, estimated construction costs,
review design, and perform constructability reviews.
TASK III -BIDDING
Prepare and distribute bid documents for bidding under the City's Small Works Roster.
Work includes:
AG-C-300
Exhibit A
Page 2 of 5
Solicit interested contractors (up to six) from the City's Small Works Roster and
distribute bid documents to interested bidders. Letters of interest will be sent to all
qualified contractors on the City's Small Works Roster. Interested contractors will be
sent plans and specification for bidding purposes.
Answer bid inquiries during bid phase.
Prepare and distribute any bid addenda as required.
Assist City in review of bids and prepare bid tabulation and engineer's "letter of
recommendation" for award per City forms and provide electronic file or files.
TASK IV -CONSTRUCTION MANAGEMENT
Provide construction management services, as requested by the City to include:
During preconstruction phase, provide copies of the contract drawings for
contractor's use. Address initial construction inquiries. Provide recommendations
for approval of subcontractors on City forms. Schedule and run preconstruction
meeting, including preparation of agenda and meeting minutes per City forms and
procedures. Verify contractor and subcontractors have filed Intents to pay prevailing
wages. Issue Notice to Proceed from City, or after City approval, with coordination
from staff.
Provide survey staking to include setting offsets, lines, and grade for structures and
pipes.
Perform submittal review for materials, certifications, and shop drawings per City
process and forms. Review and provide recommendations for substitutions.
Provide part-time inspection to include attendance at preconstruction meeting,
inspection during construction, final inspection and generation and inspection of
punch list, and providing redlined copies of record drawings to the engineer. It is
assumed the inspection services will be provided for a contract length of 30 days.
Inspection time includes travel time, plus mileage, and miscellaneous expenses.
Inspector will complete daily and weekly inspection reports per City forms.
Address contractor inquiries (RFIs), including requests for information and requests
for substitutions. Coordinate responses with City.
Review and provide recommendations for change orders.
Review contractor's payment request forms, as reviewed and approved by Gray &
Osborne's inspector.
Gray & Osborne staff will review and prepare monthly pay estimates for City review,
approval, and processing per City requirements and forms.
AG-C-300
Exhibit A
Page 3 of 5
Prepare record drawings based on contractor's and Gray & Osborne inspector's
markups. Transmit one red-line Mylar copy and an electronic copy to the City.
Complete Physical Completion and Contractor Evaluation forms, with coordination
from staff per City forms.
PROJECT DESCRIPTIONS
A brief project description and understanding is provided for each of-the five storm
drainage improvement projects:
Project Site No. 1 -Dry Well Replacement in Alley @ East Main & R St. NE
The existing infiltration trench in this alley no longer infiltrates adequately, resulting in
localized surface ponding in the alley and during certain storm events onto adjacent
properties. City maintenance crews stated the area has permeable subsurface soils as
discovered during an expansion of the infiltration trench. It is suspected that the current
system has been plugged over time with the introduction of soil "fines" and debris.
Therefore, it is anticipated that a new dry well (similar to WSDOT Standard Plan 6-
20.40-01)can be installed, with a connection to the existing catch basin, which can be
used as apre-settling basin and debris collector to protect the new dry well. It is not
anticipated that survey or soil infiltration testing will be needed for this project. A buried
sanitary sewer system exists in this alley, and it will need to be located, as well as any
other underground utilities. Pavement repair would be limited to the areas disturbed. It
is expected that this project will be bid as a lump sum item.
Project Site No. 2 - 25th Street Drainpipe from D Street to F Street
Flooding occurs at the intersection of 25th Street and D Street during certain rain events.
It appears the existing infiltration trench is operating properly; however, the inlet
manhole to the system is plugged with debris and oil at the "PROP-T" inside the
structure. The tee may not be installed per the design drawings. In addition, the
existing pipes in the street (varying in size from 4 inches diameter to 12 inches) may be
inadequate for the tributary drainage basin and susceptible to plugging with trash, oil,
and leaf litter from nearby trees and landscaped areas. Recommended repair would
include repairing or replacing the existing tee, cleaning the system, and installing two
new pre-settling manholes in 25th Street in order to better protect the infiltration system.
Replacement of new drainage pipes of adequate size may also be necessary.
Delineation of the drainage basin would be performed by City staff. Using this
information, hydrologic modeling would be performed to determine if the existing
infiltration system is adequately sized. A geotechnical engineer will be employed to
determine an appropriate infiltration rate. It is assumed the City will provide the
personnel and equipment to perform the excavation and backfill of a sampling pit. If the
analysis indicates that a larger infiltration system is required, plans and specifications
would be prepared for that expansion.
AG-C-300
Exhibit A
Page 4 of 5
Project Site No. 3 - 12-inch Drainpipe on 1St St. from Division St. to A St.
Flooding occurs on the north side of City Hall on 1St Street, and nearby parking lots due
to inadequately sized collection and conveyance system. This project would include the
installation of new catch basins and approximately 350 lineal feet of new 12-inch
diameter pipe to convey stormwater from parking lots and streets to the main trunk line
in Division Street. Work would also include repair of pavement, curbs and gutter, and
sidewalks, where necessary. This project will require physical survey and complete
specifications.
Project Site No. 4 -Adjust Manhole Rim on 37th Street
The existing storm drain manhole ring and solid lid protrude upwards into a gutter,
causing a hazard for bikes, localized flooding in the gutter, and appearance issues. The
existing ring is offset from the manhole opening approximately 8 to 10 inches so that the
lid does not interfere with the curb. A few panels of sidewalk and curbs are buckled and
broken. The recommended solution is to remove the existing sidewalks and curbs to
expose the flat top slab. The slab will be rotated so that the ring and lid reside entirely
within the sidewalk. Sidewalk, curb and gutter, and pavement repair are included. It is
expected that this project will be bid as a lump sum item.
Project Site No. 5 -Modify Control Structure on Large Infiltration Pond on A St.
A large detention pond is underutilized since the City diverted a large portion of runoff to
an upstream facility. Downstream, flooding occurs beneath SR 18 on A Street and
Auburn Way. The City desires to utilize the pond to reduce downstream flooding. This
project includes limited hydrologic modeling and resizing of the existing orifice in order
to retain more water. The City will provide delineation of the drainage basin for the
modeling exercise. Survey will be required to set elevations of the control structure and
maximum water surface elevation. It is expected that this project will be bid as a lump
sum item.
AG-C-300
Exhibit A
Page 5 of 5
EXHIBIT "B"
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Auburn - 2007 LocaC Storm Drainage Improvements
Tasks
Principal
Hours
Project Eng.
Hours
Civil Eng.
Hours Resident
Inspector
Hours
CADD Tech.
Hours
PLS
Hours
Survey
Crew Hours
Development of City Procedures 4 40 16 10 4
Design & CM for Project Site No. 1 1 14 6 12 4
Design & CM for Project Site No. 2 2 44 8 24 14 3 12
Design & CM for Project Site No. 3 2 52 8 16 16 3 12
Design & CM for Project Site No. 4 1 16 2 12 4
Design & CM for Project Site No. 5 2 24 4 16 8 2 8
Hour Estimate: 12 190 44 80 56 12 32
Estimated Hourly Rates: $50 $38 $32 $28 $28 $38 $70
Direct Labor Cost $600 $7,220 $1,408 $2,240 $1,568 $456 $2,240
Subtotal Direct Labor (DLC):
Indirect Costs (1.62 x DLC):
Total Labor Cost:
Fee (0.35 x DLC):
Subtotal Labor & Fees:
Direct Non-Salary Cost:
Mileage (@ $0.48/mile) & Miscellaneous Expenses
(printing of bid documents, mylars, record drawings, etc.)
Sunconsultant (Geotechnical):
Subconsultant Overhead (10%):
TOTAL ESTIMATED COST:
$15,732
$25,486
$41,218
$5,506
$46,724
$1,664
$1,738
$174
$50,300
Prepared by Gray Osborne, Inc.
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 15`h
• For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-300
Page 1 of 2
SAMPLE INVOICE
City of Auburn
25 West Main
Auburn WA 98001
Attn: Scott Nutter (Project Engineer}
Agency Agreement #: AG-C-010
Invoice #: 5222
Progress Payment #: 2
Invoice Date: February 10, 2002
Project Name: Thomas Nelson Farm
Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel Hours Hourl Rate Amount
Mike Jones, Princi al in Char e 1 $ 125.00 $ 125.00
Carla Maker, Architect 5 $ 72.00 $ 144.00
Joe Smith, Word Processin 10 $ 48.00 $ 480.00
Consultant Personnel Subtotal $ 749.00
Ex enses see attached documentation Char es Multi lier Amount
Mike Jones, Princi al in Char e 20 miles x1.1 $ 7.59
Carla Maker, Architect $ 30.00 x1.1 $ 33.00
Joe Smith, Word Processin $ 29.00 x1.1 $ 31.90
Consultant Ex enses Subtotal $ 72.49
Consultant Total:
821.49
SUB CONSULTANTS (see attached documentation)
Subconsultant Hours Hourl Rate Amount
ABC Environmental, Inc., Civil En ineer 10 $ 100.00 $ 1,000.00
Electrical Consultin ,Electrical En ineer 5 $ 100.00 500.00
Mechanical Solutions, Mechanical En ineer 10 $ 100.00 MRF 1,000.00
Movin Com an ,Movin Consultant 2 $ 50.00 100.00
Subconsultant Subtotal $ 2,600.00
Subtotal x 1.1 Multi lier $ 2,860.00
Subconsultant Total:
TOTAL DUE THIS INVOICE
CONTRACT BREAKDOWN
$ 2,860,00
$ 3, 681.49
--- - -
Task
Amount
Authorized
Prior Invoiced
This Invoice
Totallnvoiced
To Date
%
Ex ended
%
Com leted
Amount
Remainin
Original
Contract
$ 22,000.00
$ 1,025.00
$ 2,681.49
$ 3,706.49
20%
25%
$ 18,293.51
MRF* 2,500.00 0.00 1,000.00 1,0000.00 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 1110101 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG-C-300
Page 2 of 2
AMENDMENT #1 TO AGREEMENT NO. AG-C-300 BETWEEN
THE CITY OF AUBURN AND GRAY & OSBORNE, INC.
THIS AMENDMENT is made and entered into this 31 st day of December, 2007, by
and between the CITY OF AUBURN, a municipal corporation of the State of
Washington (hereinafter referred to as the "CITY"), and GRAY & OSBORNE, INC.,
(hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement
between the parties for AG-C-300 executed on the 20th day of August, 2007.
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is
extended to December 31, 2008
2. SCOPE OF WORK: There is no change to the scope of work.
3. COMPENSATION: There is no change to the amount of compensation.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement
between the parties for AG-C-300 executed on the 20th day of August, 2007, 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.
GRAY & OSBORNE, INC.
By: ~
Authorized signat
CITY ~ti-B1~-----`°1
Peter B. Lewis, Mayor
ATTEST (Optional):
By: ~o +rl ~ t~
Its: ~ '-
Approved as to form (Optional):
Attorney for (Other Party)
Amendment No. lfor Agreement No. AG-C-300
Gray & Osborne, Inc.
Page 1 of 1
ATTEST:
1
Da le E. Daskam, Auburn City Clerk
Approved as to form:
iel B. Heid, Auburn City Attorney
AMENDMENT #2 TO AGREEMENT NO. AG-C-300 BETWEEN
THE CITY OF AUBURN AND GRAY & OSBORNE, INC.
THIS AMENDMENT is made and entered into this 31 st day of December, 2008, by
and befinreen the CITY OF AUBURN, a municipal corporation of the State of
Washington (hereinafter referred to as the "CITY"), and GRAY & OSBORNE, INC.,
(hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement
between the parties for AG-C-300 executed on the 20th day of August, 2007, and as
amended on 31St day of December, 2007.
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is
extended to December 31, 2009.
2. SCOPE OF WORK: There is no change to the scope of work.
3. COMPENSATION: There is no change to the amount of compensation.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement
between the parties for AG-C-300 executed on the 20th day of August, 2007, 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.
GRAY & OSBORNE, INC. CITY OF AUBURN
By: .
Au horized sign Pete B. Lewis, Mayor
ATTEST (Optional): ATTEST:
By:
Its: Danielle E. Daskam, Auburn City Clerk
Approved as to form (Optional):
Attorney for (Other Party)
ApprqMd as
Dniel B. Heid, 7aubu"rn Cily Attorney
Amendment No. 2 for Agreement No. AG-C-300
Gray & Osborne, Inc.
Page 1 of 1
~~1 G , 9
AMENDMENT # 3 TO AGREEMENT # AG-C-300
BETWEEN THE CITY OF AUBURN AND GRAY & OSBORNE, INC.
RELATING TO PROJECT NO. CP0743
2007 LOCAL STORM IMPROVEMENTS PROJECT
~
THIS AMENDMENT is made and entered into this ~day of 2009, by
and between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), and GRAY & OSBORNE, tNC., (hereinafter referred to
as the "CONSULTANT"), as an Amendment to the Agreement between the parties for
engineering services under AG-C-300 executed on the 20th day of August 2007, and as
amended on 31 St day December, 2007, and the 31 St day December, 2008.
The changes to the agreement are described as follows:
1. CONTRACT TERM: There is no change in the contract term.
2. SCOPE OF WORK: The original scope of work for the agreement has been amended to
add on the attached "Exhibit A."
3. COMPENSATION: This amendment increases the total compensation of the Agreement
by $20,000.00, to $70,300.00. The additional funds are based on the estimate in "Exhibit
B.,,
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG-C-300 executed on the 20'h day of August, 2007, 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.
GRAY & OSBORNE, INC.
1-1
By:
Authorized signature
C OF AUBLIRN
~
~
Peter B. Lewis, Mayor
ATTEST (Optional):
~
By:
its: (741rr r ~ ~td.4,4
A TEST: 7
Danielle E. Daskam, Auburn City Clerk
Approved as to form (Optional): App ved to form:
Attorney for (Other Party) ~ Daniel B. , eid, Auburn City Attorney
Amendment No. 3 for Agreement No. AG-C-300
Gray & Osborne, Inc.
Page 1 of 1
EXHIBIT A
2007 LOCAL STORM DRAINAGE IMPROVEMENTS PROJECT
1. AMENDMENT DESCRIPTION
This amendment provides for final design, bidding and construction services for the project.
Each of theses tasks are described below in detail.
2. RELATED STUDIES AND PLANS
Related documentation includes:
a. The Auburn Professional Plaza building development plans will require coordination
of storm drainage systems in the Right-Of-Way of 1St Street NE.
3. ASSUMPTIONS
This scope of work is based on the following assumptions:
a. Man-hour estimates assume that one contract bid package will be prepared
representing all work items associated with the project.
b. At this point Plans, Specifications, and Estimate (PS&E) are now at 95%.
c. Applicable CITY of Auburn and/or WSDOT Standard Plans will be included in the
Contract Provisions.
d. CONSULTANT with CITY approval, may shift budget between work tasks within the
same phase. Use of optional services and associated budget will require written
authorization by the CITY.
e. Analyses, design, plans, specifications, and estimates pertormed or prepared as part
of this project will be in English units.
f. APWA and CITY of Auburn Drafting Standards will be used.
4. ITEMS AND SERVICES TO BE FURNISHED BY CITY
The CITY will provide the following items and services to the CONSULTANT which will
facilitate the work to be undertaken for project. The CONSULTANT is entitled to rely upon
the accuracy and completeness of the data furnished by the CITY:
a. Any pertinent record drawings, plans, reports, and information on the current project
and on public works and/or private projects within the immediate vicinity.
Agreement for Professional Services AG-C-300
2007 Local Storm Drainage Improvements Project
October, 2009
Amendment #3, Exhibit A- Scope of Services
Page 1 of 4
b. Timely reviews of all work at mutually agreed upon times and consolidation of all
review comments onto one review set prior to return to the CONSULTANT.
c. Advertisement for bids.
d. Public involvement coordination and meeting venues.
e. Coordination with franchise utilities.
f. Primary stakeholder coordination.
g. Construction management and construction inspection.
5. DESIGN PHASE WORK TASKS
5.1. Final Design PS&E (99%)
a. Prepare Final Documents for 1St Street NW Storm Improvements, incorporating
responses to 95% PS&E comments from CITY staff.
Assume the number, format, and content of plan sheets will generally remain
unchanged.
b. Perform Senior in-house 99% Quality Assurance Review.
c. Transmit 99% Design Plans, Project Provisions, Special Provisions, and
Estimate of Probable Construction Cost to CITY for final review.
Assume CITY's review at this stage is for the purpose of verifying that comments
transmitted at 95% completion stage were incorporated into the 99% documents,
as mutually agreed.
Deliverables: 99% Design Plans (1 full-size and 2 half-size)
99% Contract Provisions and Special Provisions (2 copies)
99% Estimate of Probable Construction Cost (2 copies)
5.2. Final Bid Documents (100%)
a. Prepare Final (Bid-ready) Construction Documents for 1 St Street NW Storm
Improvements, incorporating responses to 99% PS&E comments from CITY
staff.
Assume CITY review will be limited to verifying that CONSULTANT responses to
99°/a final comments were incorporated as mutually agreed.
b. Transmit Final (sealed/stamped and signed) Design Plans, Project Provisions,
Special Provisions, and Estimate of Probable Construction Cost to CITY for
reproduction and bid advertisement.
Assume there is no additional CITY review following this stage.
c. The CITY will provide reproduction of Construction/Bid Documents, and will
transmit 2 full-size and 2 half-size copies of plans and 2 copies of Contract
Provisions to the CONSULTANT.
Agreement for Professional Services AG-C-300
2007 Local Storm Drainage Improvements Project
October, 2009
Amendment #3, Exhibit A- Scope of Services
Page 2 of 4
N:1Consultants';AGC-300 Gray & Osbourne - Lacal 8term Drainage~Amendment 3 agc300 Exhibit A- Scope.doc
Deliverables: Final Plans (1 full-size original 4 mii mylar)
Final Contract Provisions and Special Provisions
(1 camera-ready original)
Engineer's Estimate of Probable Construction Cost (1 copy)
!t is mutually agreed that any cost estimate provided by CONSULTANT will be on a basis
of experience and judgment, but since the CONSULTANT has no control over market
conditions or bidding procedures, the CONSULTANT cannot warrant that bids or ultimate
construction cost will not vary from fhese cost estimates.
6. BIDDING AND CONSTRUCTION PHASE WORK TASKS (OPTIONAL SERVICES)
The CONSULTANT shall compfete task items in this section, only as directed by the
CITY. It is expected that the CITY may not require the CONSULTANT to complete
some, or all, of the task items from this section. The CONSULTANT shall, at its own
expense, provide bidding and construction assistance required to correct errors made by
the CONSULTANT in the final plans and specifications.
6.1. Construction Period Services.
a. Attend up to 2 on-site project reviews to review the progress of the construction
work (at the request of the CITY). Discuss with CITY staff and/or transmit notes
documenting significant aspects of the project work, and any inconsistencies
refative to the design documents.
Assume reviews will be performed by Project Manager or Project Engineer.
b. Respond to requests for information (RFI's) from the CITY during the course of
construction. Transmit responses to the CITY in written and/or plan format.
Assume up to 8 staff hours are budgeted to perForm this task.
c. Prepare Record ("as-built") Drawings, transmitting (stamped and signed) mylar
originals and digital files to the CITY.
Assume the CITY will provide inspector's reports and records, as required and
redlined markups of construction drawings. The CITY will provide the original mylar
drawings for CONSULTANT'S use in preparing record drawings. The
CONSULTANT will prepare both handwritten (red line) and electronic copies.
Assume up to 48 staff hours are budgeted to pertorm this task.
Deliverables: Attendance at on-site project reviews - up to 2
Respond to RFI's - up to 8 hours
Review Shop Drawings - up to 8 hours
Prepare Record Drawings - up to 48 hours (1 full-size original mylar) and
Digital Files in Auto-CAD Format.
Agreement for Professional Services AG-C-300
2007 Local Storm Drainage Improvements Project
October, 2009
Amendment #3, Exhibit A- Scope of Services
Page 3 of 4
N:iGonsuitan;s';r1GC-300 Gray & OsuourE;e - Lccal Storm DrainagelArrenrlmani 3 age300 Exh;b;t A- Scope.dcc
6.2. Project Closeout
a. Electronic Data Transfer. At the completion of construction, the CONSULTANT
will provide the CITY with electronic files of design files, base maps, plans and
similar contract documents. All drawings will be provided in AutoCAD format.
b. Archiving. At the completion of construction, the CONSULTANT will archive all
project files. Archives will be made available at the request of the CITY or
funding agency for review for a period of six years following completion of
construction.
Agreement for Professional Services AG-C-300
2007 Local Storm Drainage Improvements Project
October, 2009
Amendment #3, Exhibit A- Scope of Services
Page 4 of 4
H:tConsultarits'rAGG300 Gray & Osbourtie - Local Storrn DrainageAmenclmen? 3 acc300 Exhibit A- Scope.dac
EXHIBIT "S"
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Auburn - 2007 Local Storm Drainage Improvement Project
Amendment No. 3
Tasks
Principal
Hours
Project Eng.
Hours
CADD Tech.
Hours
Survey
Tech.
Hours
Survey Crew
Hours
Final Design PS&E (99%)
4
34
10
Final Bid Documents
1
16
4
Construction Period Services
72
20
Project Closeout
1
4
2
Hour Estimate:
6
126
36
0
0
Estimated Hourly Rates:
$56
$38
$28
$30
$75
Direct Labor Cost
$336
$4,788
$1,008
$0
$0
Subtotal Direct Labor (DLC):
Indirect Costs (1.71 x DLC):
Total Labor Cost:
Fee (0.35 x DLC):
Subtotal Labor & Fees:
Direct Non-Salary Cost:
Mileage (@ current IRS rate) & Miscellaneous Expenses
(photos, record drawings, mylars, etc.)
TOTAL ESTIMATED COST:
Agreement for Professional Services AG-C-300
2007 Local Storm Drainage Improvements Project
October, 2009
Amendment #3, Exhibit B- Estimated Cost
Page 1 of 1
$6,132
$10,486
$16,618
$2,146
$18,764
$436
$19,200
AMENDMENT #4 TO AGREEMENT NO. AG-C-300 BETWEEN
THE CITY OF AUBURN AND GRAY & OSBORNE, INC.
RELATING TO PROJECT NO. CP0743, LOCAL STORM & DRAINAGE
IMPROVEMENTS
THIS AMENDMENT is made and entered into this day of 200
by and between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), and Gray & Osborne, Inc. (hereinafter referred to as the
"CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-300
executed on the 20'h day of October 2007, amended by agreement dated the 315t day of
December 2007, amended by agreement dated 31St day of December 2008, amended by
agreement dated the 19t" day of October 2009.
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to
December 31, 2010.
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-300 executed on the 20th day of October 2007 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.
GRAY & OSBORNE, INC.
By:
Authorized signature
CITY OF UB_
Peter B. Lewis, Mayor
ATTEST (Optional):
By:
Its:
Approved as to form (Optional):
Amendment No. 4 for Agreement No. AG-C-300
Gray & Osborne
Page 1 of 1
ATTEST:
~
,
Danielle E. Daskam, Auburn City Clerk
Appr~ued a
~ r
~
CITY OF
Peter B. Lewis, Mayor
RN
LTBU
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ouburnwo.gov * 253-931-3000
February 8, 2011
Roger Kuykendall, P.E.
Gray & Osbome, Inc.
701 Dexter Avenue North, Suite 200
Seattle, WA 98109
RE: Agreement for Professional Services, AG-C-300
Project No. CP0743, Local Storm Drainage Improvements
Dear Mr. Kuykendall:
This letter is to inform you that the above-referenced Agreement for Professional Services is
being closed at this time. Our records indicate that we processed the final payment for this
agreement on April 19, 2010 for invoice #07547.00-17, in the amount of $1,874.39. If you feel
that this Agreement for Professional Services should not be closed, or if there are any
outstanding invoices, please inform me by February 21, 2011.
Thank you for your firm's professional services in work related to the Local Storm Drainage
project. If you should have any questions, feel free to give me a call at 253.804.5060.
Sincerely,
Tim Carlaw
Storm Drainage Engineer
Department of Public Works
TC/ja/hg
cc: Dani Daskam, City Clerk
AG-C-300
CP0743- 2.20
AUBURN *MOPE THAN YOU IMAGINED