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RES 86-26 PREPARATION OF LIDRESOLUTION NO. 86-26 A RESOLUTION APPROVING A SUPPLEMENTAL AGREEMENT TO A CONTRACT BETWEEN THE CITY OF WINSLOW AND GARDNER ENGINEERS FOR THE MADISON AVENUE U.A.B. PROJECT DATED JANUARY 16, 1986, FOR SERVICES TO IMPLEMENT REDESIGN OF MADISON AVENUE FROM WINSLOW WAY TO WYATT; FOR PREPARATION OF LID ASSESSMENTS; AND FOR ADMINISTRATION AND PROJECT OBSERVATION DURING CONSTRUCTION. WHEREAS, the City Council of the City of Winslow, Washington, has determined to redesign the Madison Avenue U.A.B. project; and WHEREAS, the City Council of the City of Winslow, Washington, feels it is in the best interest of the citizens of the City to enter into a supplemental agreement with Gardner Engineers for services to 1) redesign of Madison Avenue from Winslow Way to Wyatt, 2) to prepare any necessary LID assessments, and 3) to administrate and observe construction of said project; and WHEREAS, the laws of the State of Washington allow such agreements; NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The proposed supplemental agreement (Exhibit A attached hereto and dated December 29, 1986) with Gardner Engineers for services to implement the Madison Avenue U.A.B. project is hereby approved. PASSED BY THE COUNCIL of the City of Winslow, Washington, this 4th day of December, 1986. e S D Mayor ATTEST: Clerk/Treasurer RESOLUTION NO. 86-26 FXHIBIT A November 4, 1986 File: 5191 Winslow Project No. IO1B R-2 Re: 1.0 CONTRACT Supplemental Agreement - City of Winslow - Gardner.Engineers, Inc. Madison Avenue U.A.B. This agreement between the City of Winslow (CITY) and Gardner Engineers, Inc. (CONSULTANT) shall become effective upon signing by both parties. This agreement is a supplement to the contract between the CITY and CONSULTANT for the Madison Avenue U.A.B. projected dated January 16, 1986. SCOPE OF SERVICE The services provided by this contract involve: Task 1. Redesign of Madison Avenue from Winslow Way to Wyatt in accordance with the City Council's designated road section. Task 2. Preparation of LID assessments if the CITY decides to form a LID for portions of the project. Task 3. Administration and project observation during construction. The bulk of the day to day construction inspection to be provided by the CITY. These services are to be provided based on a single roadway section and LID area to be selected by the CITY from two options: Option A: Complete roadway section on east side of right-of-way and form LID only for east side properties. Option B: Complete full roadway section on both sides of right-of-way and form LID on both sides of street. Specific work tasks and estimated costs of the services to be provided under this agreement are included in Attachment A hereto. Page 2 Supplemental Agreement - City of Winslow - Gardner Engineers, Inc. Madison Avenue U.A.B. 2.0 3.0 4.0 COMPENSATION The CONSULTANT shall be paid on the basis of actual labor times a multiplier of 2.75 to cover taxes, overhead, and the CONSULTANT'S professional fee plus direct costs; provided that the CONSULTANT'S total billing for all work related to the project shall not exceed the following amounts without the prior written consent of the CITY based on work in excess of that estimated in Attachment A: Task 1. Madison Avenue Redesign $24,901.66 Task 2. LID Formation, Option A - $ 4,027.00 Option B - $ 8,955.14 Task 3. Construction Adminstration - $19,966.92 AUTHORIZATION The CITY shall authorize each major task separately. In this way the CITY may control the timing and budget for the services. The CONSULTANT shall advise the CITY when a task is completed and when authorization is needed for ongoing tasks. LIABILITY INSURANCE The CONSULTANT is to carry comprehensive general liability insurance in the amount of one million dollars per occurrence to provide protection against liability arising out of bodily injury and/or property damage that is the result of CONSULTANT'S negligence. A suitable rider shall designate the CITY as an additional insured and shall contain a provision that the policy will not be reduced or modified withour thirty (30) days prior written notice to the CITY. The CONSULTANT shall hold harmless, indemnify and defend the CITY on account of any liability due to bodily injury and/or property damage arising directly out of CONSULTANT'S neg- ligent acts. In the event the CITY is required to defend itself, the Page 3 Supplemental Agreement - City of Winslow - Gardner Engineers, Inc. Madison Avenue U.A.B. 5.0 6.0 7.0 CONSULTANT shall reimburse the CITY'S costs including reasonable attorney's fees for defense of such liabilities which arise out of the CONSULTANT'S negligence. OWNERSHIP OF DOCUMENTS Drawings and maps and other documents shall be and remain the property of the CITY whether the project for which they have been prepared is executed or not. Re-use of any of the documents or drawings by CONSULTANTS must receive the advance written permission of the CITY. TERMINATION In the event of substantial failure to perform in accordance with the terms of this agreement, any party may terminate this agreement by giving the other party thirty (30) days written notice. If the CONSULTANT terminates this agreement, they shall be paid for services performed prior to the termination notice date. PROFESSIONAL STANDARDS The CONSULTANT shall be responsible for the professional and technical accuracy in coordination of designs, drawings, specifications, and other work or materials furnished by them under this agreement. The CONSULTANT shall, without additional cost or fee to the CITY, correct or revise any errors or deficiencies in this performance. The CONSULTANT shall be and remain liable to the CITY for any and all costs which are incurred by the CITY as a result of the CONSULTANT'S negligent performance of the services included under this agreement. It is further understood and agreed that the rights and remedies of the CITY provided for in this agreement are in addition to any other rights and remedies provided by law. Page 4 Supplemental Agreement - City of Winslow - Gardner Engineers, Inc. Madison Avenue U.A.B. 8.0 9.0 LEGAL EXPENSES In the event legal action is brought by CITY or CONSULTANT against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the prevailing party shall be entitled to such reasonable amounts for fees, costs and expenses as may be incurred in negotiations, suit and trial preparations, trial, and appellant proceedings whether or not a judgment is entered. PAYMENT TO CONSULTANT Monthly invoices will be issued by the CONSULTANT for all work performed under the terms of this agreement. Invoices are due and payable on re- ceipt. Invoices will show hours worked by person and will include a summary of work accomplished. ACCEPTED AND AUTHORIZED GARDNER ENGINEERS, INC. Mortimer H. Thomas, P.E. Principal CITY OF WINSLOW ' DONNA--cTE~N BUXTON~/ CLERK/TREASURER Date: DECEMBER 29, 1986 Page 1 SUPPLEMENTAL AGREEMENT - CITY OF WINSLOW - GARDNER ENGINEERS, INC. MADISON AVENUE U.A.B. ATTACHMENT A TASK 1.0 Madison Avenue Redesing Principal 1.10 Contract Management 1.11 Mobilization --- 1.12 Administration 18 Staff Hours Project Manager Eng. Tech. Warren Consult. 4 8 4 4 20 4 --- 16 SUB TOTAL 18 24 12 4 20 1.20 Data Collection and Coordination 1.21 Organize Data 1.22 Site Visits 1.23 Meetings with City Staff SUB TOTAL 2 16 16 6 6 8 8 6 6 4 --- 12 14 28 24 24 1.30 Revise Contract Plans 1.31 1.32 1.33 Roadway P1 ans Utility Plans Special Provisions SUB TOTAL 8 32 32 4 32 32 32 24 12 44 88 76 10 1.40 Revise Engineer's Estimate 1.41 Estimate of Quantities 1.42 Estimate of Construction Costs SUB TOTAL 4 24 16 4 8 4 8 32 20 1.50 Design Review 1.51 City Staff Review 1.52 City Council Review 1.53 U.A.B. Review SUB TOTAL TOTAL 6 6 12 30 10 4 6 4 4 4 20 12 110 172 10 134 10 67 Page 2 Supplemental Agreement - City of Winslow - Gardner Engineers, Inc. Madison Avenue U.A.B. ATTACHMENT A 2.0 Madison Avenue LID Option A Warren Consul t. Eng. C1 eri cal 2.10 Compute Assessments 8 2.20 Prepare Notices 4 2.30 Meetings 8 2.40 Final Assessments 6 SUB TOTAL 26 3.0 Construction Administration 3.10 Contract Administration 3.20 Project Observation 3.30 Construction Staking 3.40 Meetings with City TASK 3.0 TOTAL Option B Warren Consult. Eng. 8 --- 16 32 16 8 8 24 ...... 24 --- 16 8 16 24 40 16 64 80 Project 2-Man Principal Manager Engineer Crew 24 24 12 --- --- 20 288 --- --- 4 --- 56 6 6 6 --- 30 54 306 56 C1 eric Page 3 Supplemental Agreement - City of Winslow - Gardner Engineers, Inc. Madison Avenue U.A.B. ATTACHMENT A ESTIMATE OF PROJECT SERVICES TASK 1.0 MADISON AVENUE REDESIGN LABOR Gardner Engineers, Inc. Principal 30 hours @ 27.26 = $ 817.80 Project Manager 110 hours @ 18.17 = 1,998.70 Engineer 172 hours @ 12.12 = 2,084.64 Tech/Clerical 134 hours @ 11.02 = 1,476.68 TOTAL DIRECT LABOR O.H. & Fee @ 1.75 TOTAL LABOR Warren Consultants, inc. Principal 67 hours @ 27.26 = O.H. & Fee @ 1.75 = TOTAL LABOR Direct Expenses Reproduction = Computer Time 110 hours @ $10 = Ferry Trips 6 trips @ $40 = TOTAL DIRECT EXPENSES : $ 6,377.82 = 11,161.19 $17,539.01 $1,826.42 3,196.24 $5,022.66 $1,000.00 1,100.00 240.00 $2,340. O0 TASK 1.0 TOTAL COST $24,901.66 Page 4 Supplemental Agreement - City of Winslow - Gardner Engineers, Inc. Madison Avenue U.A.B. ATTACHMENT A TASK 2.0 - MADISON AVENUE L.I.D. LABOR Gardner Engineers, Inc. Engineer Tech/Clerical TOTAL DIRECT EXPENSES O.H & Fee @ 1.75 OPTION A 40 hrs @ 12.12 = $ 484.80 16 hrs @ 11.02 = $ 176.32 $ 661.12 1,156.96 $1,818.08 OPTION B 80 hrs @ 12.12 = $ 969.60 36 hrs @ 11.02 = $ 396.72 $1,366.32 2,391.06 $3,757.38 Warren Consultants, Inc. Principal O.H. Fee @ 1.75 TOTAL LABOR 26 hrs @ 27.26 = $ 708.76 1,240.33 $1,949.09 64 hrs @ 27.26 = $1,744.64 3,053.12 $4,797.76 DIRECT EXPENSES Ferry Trips Postage Printing 5 trips @ $40 = $200.00 20.00 40.00 TOTAL DIRECT EXPENSES $260.00 TASK 2.0 TOTAL COST OPTION A $4,027.00 7 trips @ $40 = $280.00 40.00 80.00 $4oo.oo OPTION B $8,955.14 Supplemental Agreement - City of Winslow - Gardner Engineers, Inc. Madison Avenue U.A.B. ATTACHMENT A Page 5 TASK 3.0 - CONSTRUCTION ADMINISTRATION LABOR Gardner Engineers, Inc. Principal 30 hrs @ 27.26 = $ 817.80 Project Manager 54 hrs @ 18.17 = 981.18 Engineer 306 hrs @ 12.12 = 3,708.72 2-Man Crew 56 hrs @ 24.81 = 1,389.36 TOTAL DIRECT LABOR O.H. Fee @ 1.75 TOTAL LABOR : $6,897.06 = 12,069.86 $18,966.92 DIRECT EXPENSES Ferry Trips Survey Supplies 40 trips @ $20 TOTAL DIRECT EXPENSES TASK 3.0 TOTAL COST $ 800.00 200.00 $ 1,000.00 $19,966.92 SUMMARY OF ESTIMATED COSTS TASK 1 TASK 2 TAKS 3 MADISON AVENUE REDESIGN LID FORMATION OPTION A OPTION B CONSTRUCTION ADMINISTRATION $24,901.66 $ 4,027.00 $ 8,955.14 $19,966.92