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Blueline Group LLC 2018 Overlay Curb RampsANC. 18ACi CONTRACT ROUTING FORM No. (City Clerk Use Only) Z Originator: — Rob English Routed by: Megan Luttrell O Department/Division: Engineering - Public Works Date: 12/18/2017 a- ---- `-- -- — Name of Consultant/Contractor: The Blueline Group, LLC vi CONTRACT TITLE: 0 2018 Overlay Curb Ramps Type of Contract: F(GR) Grants (1) Intergovernmental Agreement (L) Lease Agreement F— Z (S) Purchase of Services (W) Public Works _ - ❑ (0) Other — W I- Z Bid/RFP Number: 0 Effective Date- .Completion Date: 12/31 /2018 L) _ Has the original City contract boilerplate language been modified? C)Yes� O No If yes, specify which sections have been modified: pDescription v of Services: This contract is administratively approved by the Director and only requires the attorney signature stamp, she has reviewed it approved as to form Total Amount of Contract: $ 24,500.00 Budget # 112.000.68.542.61.41.00 Amount: J _ Budget # Amount: LLJ QBudget # Amount: V Z Are there sufficient funds in the current budget to cover this contract? e Yes a No Z LL Remarks: Authorization Level: Director w 1. Project Manager H 2. Risk Management/Budget Z ✓ 3. City Attorney 0 ✓ 4. Consultant/Contractor N 5. Other ❑ 6. City Council Approv Date (if applicable) 7. Mayor ❑ 8. City Clerk ov EI)A� u CITY OF EDMONDS DAVE EARLING 121 01 AVENUE NORTH • EDMONDS, WA 98020 • 42&771-0220 • FAX 425.672-6750 MAYOR Webslte: www,edmondam.gov r�qc PUBLIC WORKS DEPARTMENT Engineering Division PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City", and The Blueline Group, LLC, hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to the 2018 Overlay Curls Ramps; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work,. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the fee schedule found in Exhibit B, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $24,500.00. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City Engineer three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. eoM-i 3 `-0, 9/.39 i7 -4 ia,sr 19 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the seivices rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. indemnification 1 Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and Professional liability insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. S. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, the Scope of Services attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent_ fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: The Blueline Group, LLC 25 Central Way Kirkland, WA 99033 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS DAY OF _ 20-ZZ CITY EDMONDS THE BLUELINE GROUP, LLC • B By �-- Phil Wi lams, Director of Public Works /L- APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) On this 15 day of �� 20 bbefore me, the undersigned, a Notary Public in and for the State of Washington, duly commis�'oned and sworn, personally appeared MAYTr to me known to be theof LW of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said Instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. No �h�l � NOTARY LIC Notary Pubbe My co mission expires: State a(Washington Moint L. }laughian My Commission Expires Exhibit A to the Professional Services Agreement between The City of Edmonds and The Blueline Group, LLC for the 2018 County Overlay and ADA Program dated December 14, 2017 The Blueline Group, LLC ("Blueline") will provide engineering services for the City of Edmonds' 2018 County Overlay and ADA Program ("Project") generally consisting of the design of curb, gutter, sidewalk, and ADA-compliant curb ramps in 13 locations designated by the City. As outlined herein, Blueline will provide design Plans and an Engineer's Estimate. PROJECT SCHE� Ii�LE Blueline shall begin work immediately upon receipt of Notice to Proceed from the City and topographic base mapping from DHA and proceed according to the Project Schedule below. This schedule reflects the City's desire to submit Plans to Snohomish County in mid -February. Key dates are as follows: Blueline Notice to Proceed................................................................December 15, 2017 Survey Complete................................................................................December 22, 2017 75% Design Submittal...........................................................................January 24, 2017 Final Design Submittal......................................................................... February 12, 2017 TASK SUMMARY Task 001 Task 002 Task 003 Task 004 Task 999 PROJECT MANAGEMENT 75% DESIGN FINAL DESIGN MANAGEMENT RESERVE EXPENSES SCOPE QF WOR�C Blueline's scope of work for the Project is described as follows: Task 001- PROJECT MANAGEMENT............................................................................T&E/NTE: $1,400 This task is for general coordination and meetings on the project, including: • Management of all tasks and staff for design support services. • Communication with the City regarding the design process, issues, costs, and schedule. • Preparation of monthly invoices for work performed during the previous month, including any pertinent backup materials. -1- Exhibit A to the Professional Services Agreement between The City of Edmonds and The Blueline Group, LLC for the 2018 County Overlay and ADA Program dated December 14, 2017 Task002 - 75% DESIGN............................................................................................ T&E/NTE: $14,900 Based on the base maps provided by DHA, Blueline will provide the design Plans and Engineer's Estimate for the proposed project including: Plan sheets for the proposed improvements, including: o Sheets at 22"x34" with roughly an 18"x28" drawing area. o Drawing scale at 1"=20' horizontal and 1"=5' vertical. 0 75% Design Cover Sheet, General Notes, and Sheet Index. o Proposed improvements shown in plan per City standards for 13 ADA ramps. 0 75% Design details shown, referencing the City's standard details and developing specialized details as necessary. o Pedestrian Traffic Control Plans and Traffic Control Plan for single lane closure. • Engineer's Opinion of Probable Construction Cost including quantities and preliminary design contingency • Design memo discussing design assumptions, questions, and recommendations. Deliverables: PDF of Plans, Engineer's Estimate, and Design Memo. Task003 - FINAL DESIGN .................................................. ........................................... T&E/NTE: $5,800 Based on City review comments from the 75% Design stage, Blueline will complete production of the Final Design (Bid Documents), including: • Incorporating City's 75% comments into the contract documents. • Final Plans, and Engineer's Opinion of Probable Construction Cost. • Internal QA/QC. Deliverables: PDF of Plans and Engineer's Estimates, plus all documents in digital format (and ACAD files) uploaded to ftp site. Task 004 - MANAGEMENT RESERVE......................................................... HR-NTE (Allowance): $2,200 This task provides for unanticipated services deemed to be necessary during the course of the Project that are not specifically identified in the scope of work tasks defined above. Any funds under this item are not to be used unless explicitly authorized by the City. Fee estimate is based on ±10% of Tasks 001 - 003. Deliverables: None yet identified. Task 999 - EXPENSES.................................................................................................. (Allowance): $200 This task provides for mileage reimbursement associated with meetings and site visits throughout the course of the project. -2- Exhibit A to the Professional Services Agreement between The City of Edmonds and The Blueline Group, LLC for the 2018 County Overlay and ADA Program dated December 14, 2017 GENERAL ASSUMPTIONS & NOTES ■ Scope and fees outlined above are based on the following information (any changes to these items may result in changes to the fees): o Correspondence between the City of Edmonds and The Blueline Group December 6 - 13, 2017. • We do not anticipate that additional Structural, Environmental, Geotechnical, or Transportation Engineering services will be necessary for this project, and they are not included in this proposal. • The City will prepare any MEF documentation required. • The City will coordinate with franchise utility companies for any required pole relocations. • The following items are not anticipated necessary and are not included in this proposal. • Sanitary sewer main replacement/improvements. • Water main replacement/improvements. • Gas main relocation coordination. • Power relocation coordination. • Other dry utility relocation coordination. • Wall or rockery design. ■ Flow control design. • Capacity analysis of existing stormwater conveyance system. • Environmental documentation/permits. • Permanent Easement investigation, preparation, and acquisition (if required) are not included as part of the fees outlined above. • Temporary Construction Easement preparation and coordination is not included as part of the fees outlined above. • Project stops/starts and significant changes to the Project Schedule may result in changes to the fees provided above and a separate fee proposal will be provided. • Agency fees (if any) are not included as part of the fees outlined above. • The fees stated above do not include reimbursable expenses such as large format copies (larger than letter/legal size), mileage, and plots. 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