HomeMy WebLinkAboutESA Adolfson AG-C-3342008 AGREEMENT FOR PROFESSIONAL SERVICES
Consultant Agreement: AG -C-334
Contract No. 08-12
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 ESA ADOLFSON, a corporation whose address is 5309 Shilshole
Avenue NW, Suite 200, Seattle, WA 98107, 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,
The Consultant shall conduct a wetlands delineation and associated site review
in support of the permitting and construction of an approximately 20 -stall parking area
and associated public facilities for the Mary Olson Farm. This effort shall be in
accordance with the Scope of Work incorporated herein as Exhibit A.
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
June 30, 2008.
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.
Agreement for Professional Services AG -C-334
May 23, 2008
Page 1 of 11
I COMPENSATION.
Compensation will be on a time and material basis, not to exceed $10,997.00. A
detailed Fee Schedule for anticipated tasks is incorporated in to this Agreement as
Exhibit B. In the event services are required beyond those specified in the Scope of
Work, and not included in the compensation listed in Exhibit B, Fee Schedule, a
contract modification shall be negotiated and approved by the CITY prior to any effort
being expended on such services.
The Consultant shall submit to the City an invoice or statement of time spent on
tasks included in the scope of work provided herein, said invoice to be in essentially
the form set forth in Exhibit C, attached hereto and incorporated by reference, and the
City shall process the invoice or statement in the next billing/claim cycle following
receipt of the invoice or statement, and shall remit payment to the Consultant thereafter
in the normal course, subject to any conditions or provisions in this Agreement.
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 beyond that 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,
Agreement for Professional Services AG -C-334
May 23, 2008
Page 2 of 11
6. 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
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, authorized volunteers, and employees harmless from any and all claims,
injuries, damages, losses, or suits, including attorney fees, to the extent arising out of
or resulting from the negligent 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
Agreement for Professional Services AG -C-334
May 23, 2008
Page 3 of 11
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.
below:
CONSULTANT shall obtain insurance of the types and in the amounts described
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
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Agreement for Professional Services AG -C-334
May 23, 2008
Page 4 of 11
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
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
Agreement for Professional Services AG -C-334
May 23, 2008
Page 5 of 11
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.
14. 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 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.
Agreement for Professional Services AG -C-334
May 23, 2008
Page 6 of 11
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
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.
Agreement for Professional Services AG -C-334
May 23, 2008
Page 7 of 11
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.
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
Agreement for Professional Services AG -C-334
May 23, 2008
Page 8 of 11
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.
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 Mike Milne 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: Patricia Cosgrove
918 H Street SE
Auburn, WA 98002
Phone: 253-288-7437
Fax: 253-931-3098
E-mail: pcosgrove(@-auburnwa.gov
Agreement for Professional Services AG -C-334
May 23, 2008
Page 9 of 11
ESA Adolfson
Attn: Benn Burke
5309 Shilshole Avenue NW, Suite 200
Seattle, WA 98107
Phone: 206 789-9658
Fax: 206 789-9684
E-mail: bburke esassoc_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.
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-334
May 23, 2008
Page 10 of 11
CITY
77�- I
Peter B. Lewis, Mayor
Date JUN 92008
ATTEST:
, '(� a Q, �
Dani le E. Daskam, City Clerk
ESA ADOLFSON
BY -
Federal Tax ID #
Agreement for Professional Services AG -C-334
May 23, 2008
Page 11 of 11
EXHIBIT A
SCOPE OF WORK
Olson Farm Parking Area
City of Auburn
May 14, 2008
The following is a Scope of Work to conduct wetland delineation and associated site review in
support of the permitting and construction of an approximately 20 -stall parking area and
associated public facilities for the Olson Farm Property. The City of Auburn is working with
King County to acquire a parcel of land located east of Green .River Road and north of the
existing Olson Farm for use as event parking and the construction of associated public facilities.
The parcel historically was used for farming but has been fallow for several years. The proposed
parking area would be located within an approximately 1.6 acre portion of the larger King County
parcel.
This scope includes a wetland delineation of the approximately 1.6 acre that will include the
parking area, a walk -though of the remaining King County Parcel, and a walk-through of the
proposed trail connection between the Olson Farm and the proposed parking area the
approximately follows an existing wagon road.
Development of the parcel may require the preparation of a formal wetland determination report
(if wetlands are present on or near the parcel), permit applications (DARPA for 404, 401, and
HPA; local permits; and Biological Evaluation), and a Shoreline Permit, in addition to local
clearing and grading and building permits. If wetland or regulated wetland or stream buffers are
affected by the proposed project, a mitigation plan may be required. These tasks, if necessary, will
be contracted by the City at a later date and are not included in this Scope of Work. If wetlands
are present the City shall arrange for a professional survey of the delineated wetland boundary
identified by ESA Adolfson. The cost of survey and additional mapping is not included in this
scope of work. The City of Auburn is responsible for acquiring all rights to access the parcel(s)
prior to providing a notice to proceed.
Task 1: Wetland Delineation on Parking Area Parcel
ESA Adolfson will review existing information on critical areas in the vicinity of the King
County Parcel (e.g. National Wetland Inventory mapping, soil survey, etc.). ESA Adolfson will
conduct a wetland determination and mark wetland boundaries in the field as required by City of
Auburn and King County Critical Areas Regulations in effect at the time a notice to proceed is
granted by the City for this work. Following completion of the field work, ESA Adolfson will
prepare a Wetland Rating Forms (Hruby, 2004) to classify identified wetlands.
Deliverables: Sketch Map and Wetland Delineation and Ratings Forms
Assumptions:
• The City will provide the wetland boundary survey and a base map in Autocad for our use in
preparing the summary memorandum.
Task 2: Walk through of King County Parcel and Proposed Trail to the Olson Farm
The proposed parking are will not affect the entire King County Parcel; however, the presence of
regulated Critical Areas beyond the limits of the proposed work and on or adjacent to the
proposed trail may effect the proposed work. ESA Adolfson staff will conduct a walls -through of
the remaining areas of the King County Parcel and the proposed trail alignment to investigate the
potential for regulated Critical Areas to be present in these areas. Potential Critical Areas located
in these areas will be sketched on a topographic map or air photo of the site and ESA Adolfson.
Deliverables: Sketch Map of potential Critical Areas
Task 3: Summary Memorandum
ESA Adoifson will provide a memorandum summarizing the findings of the field delineation,
wetland ratings, and identify City and/or King County buffer and setback requirements for all
delineated Critical Areas. The memo will also include a short summary of the findings of the walk
through of the other project areas. This memo will be for internal use only. If wetlands are
present, a formal Critical Area Study may be required as an additional work item to meet
City/County permit submittal requirements.
Deliverables: Summary Memorandum
Assumptions:
• The memorandum will be complete within 2 weeks of receiving the survey of the wetland
boundaries (if any). If no wetlands are found, the Memorandum will be complete within
2 weeks of completion of the field work.
Agreement for Professional Services AG -C-334
May 23, 2008
Page 2 of 11
EXHIBIT B
FEE & PROGRESS SCHEDULE
Mary Olson Farm North Meadow Wetlands Delineation and Assessment
CHART
EXHIBIT C
DIRECT NON -SALARY REIMBURSABLE EXPENSES
• Outside Reproduction Fees
• Courier Fees
• Subconsultant Fees
• Materials and Supplies
• Mileage at $0.505/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 and/or 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.
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-334).
• Project number(s) listed (i.e. 321.00.576.802.65:).
• 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).
White River Valley Museum
918 H Street SE
Auburn WA 98002
Attn: Patricia Cosgrove (Project Manager)
Agency Agreement #: AG -C-334
SAMPLE INVOICE
Invoice #: XXX
Progress Payment* 2
Invoice Date: February 10, 2002
Project Name: Olson Wetlands Delineation
Project #: 321.00.576.802.65
Architectural Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel
Hours
Hourly Rate
Amount
Amount
Mike Jones, Principal in Charge
Carla Maker, Architect
1
5
$ 125.00
$ 72.00
$
$
125.00
144.00
Joe Smith, Word Processing
10
$ 48.00
$
480.00
Consultant Personnel Subtotal
$ 29.00
x1.1
$
749.00
Expenses see attached documentation
Charges
Multiplier
Amount
Amount
Mike Jones, Principal in Charge
20 miles
x1.1
$
7.59
Carla Maker, Architect
$ 30.00
x1.1
$
33.00
Joe Smith, Word Processing
$ 29.00
x1.1
$
31.90
Consultant Expenses Subtotal
1,000.00
Moving Company,Moving Consultant
$
72.49
Consultant Total:
SUB CONSULTANTS (see attached documentation)
$ 821.49
Subconsultant
Hours
Hourly Rate
Amount
ABC Environmental, Inc., Civil Engineer
10
$
100.00
$
1,000.00
Electrical Consulting, Electrical Engineer
5
$
100.00
Com leted
500.00
Mechanical Solutions, Mechanical Engineer.
10
$
100.00
MRF
1,000.00
Moving Company,Moving Consultant
2
$
$0.00
0.00
100.00
Subconsultant Subtotal
45%
1,500.00
$
2,600.00
Subtotal x 1.1 Multiplier
$ 3,681.49
$ 4,706.49
$
2,860.00
Subconsultant Total:
TOTAL DUE THIS INVOICE
.I Auld,/
$ 2,860,00
$ 3,681.49
L.W 11N/'1V 1
F✓7t�Al�vvf�a.
Amount
Total Invoiced
%
%
Amount
Task
Authorized
Prior Invoiced
This Invoice
To Date
Expended
Com leted
Remaining,
Original
Contract
$22,000.00
$ 1,025.00
$ 2,681.49
$ 3,706.49
20%
25%
$ 18,293.51
MRF"
2,5Q0.00
0.00
1,000.00
1,0000.00�1440%
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.
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