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Home My WebLink AboutPTV America Inc AG-C-169 A =3. L~.'7 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-169 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinaftE,r referred to as "CITY" and PTV America, Inc., an Oregon corporation, whose Washin~ton address is PO Box 1850, Vashon Island WA 98070, 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, on a project basis, will be given individual task assignments (see example Exhibit A) for work related to Transportation Modeling. These task assignments will describe the work to be completed, completion dates and compensation amount. An approved task assignment shall be required between the CONSULTANT and the CITY prior to commencing any work for any individual task. The CONSULTANTS' services shall include services as described in Exhibit B. Exhibit B is attached hereto and by 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 c:ompleted by December 31, 2005. The established completion time shall not be extended because of slny 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 ------------------------ Agreement for Professional Services AG-C-169 February 15, 2005 Page 1 of 10 correct or revise any errors, omissions or other deficiencies in its plans, de,signs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally accepted professional engineEtring standards and the requirements ofthe CITY. Any approval by the CITY under this Agreement shall not in any wa'' relieve the CONSULTANT of responsibility for the technical accuracy and adequacy Cif its services. Except as otherwise provided herein, neither the CITY'S review, approval CJr 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. 5. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the ,claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents, officers and employee,s, this indemnity provision with respect to (1) claims or suits based upon such ne~lligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valicl and enforceable only to the extent of the CONSULTANT'S negligence or the nE!gligence of the CONSULTANT'S agents or employees. The provisions of this section :shall survive the expiration or termination of this Agreement. ------------------------ Agreement for Professional Services AG-C-169 February 15, 2005 Page 3 of 10 Both the general liability and professional liability coverage shall pmvide that the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance or self insurance maintained by the CITY, its officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not contribute with it. Each insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall nClt be suspended, voided, or canceled except when thirty (30) days prior written notice has been given to the CITY by certified mail return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the Stalle of Washington. The CONSULTANT agrees to provide copies of the certificates of insurance to the CITY specifying the coverage required by this section within 14 days of the execution of this Agreement. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 8. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or either 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. 9. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer dis(:5, documents, records, books, specifications, reports, estimates, summaries :~nd 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-169 February 15, 2005 Page 5 of 10 ._--_.~--~---_._.__.._--_._._--".- - (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) terminalled 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. 11. 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. 12. GENERAL PROVISIONS. 12.1. 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. ------------------------------- Agreement for Professional Services AG-C-169 February 15, 2005 Page 7 of 10 - ...- -~._------------ ATTEST: iJJ)£d;. dJ()~ Danielle E. Daskam, City Clerk -------------------------------- Agreement for Professional Services AG-C-169 February 15, 2005 Page 10 of 10 ~~? Peter B Lew's, M yor--::::-? ~- Date --- PTV £ INC. , BY: ..<-é A ~~ " Title: I/JrG 'PRR;¡ DEM, Federal Tax 10 # __~__··__·M·__.__~___.____._ ---".~-".._.,-~-------_.._~-.......- EXHIBIT A SAMPLE ANNUAL CONTRACT TASK ASSIGNMENT DOCUMI:NT AGREEMENT #: AG-C-xxx TASK NUMBER: xxx-Txx-xxx CONSULTANT: PROJECT #: The general provisions and clauses of the Agreement referenced above ~)ha" be in full force and effect for this Task Assignment. Location of Project: Maximum Amount Payable per this Task Assignment: Jxxx.xx Completion Date: Scope of Work: APPROVALS Consultant Project Manager: Signature: Date: Agency Project Manager: Signature: Date: If over $5,000 the Mayor must sign here: Signature: Date: Note: If this task order is over $25,000 then it must go before the Public Wc)rks Committee and City Council for approval prior to the mayor's signature. Exhibit A Agreement No. AG-C-169 Page 1 of 1 "~____ ___.--___________n______ EXHIBIT C FEE SCHEDULE Overhead Rate 192% Fee 10% CAT Direct Overhead Fee Billing Bauer, Thomas PRIV $ 44.79 $ 86.00 $13.08 $ 143.87 Courtney, Vicki OM $ 19.57 $ 37.57 $ 5.71 $ 62.86 Dale, James PR III $ 41.90 $ 80.45 $12.2:3 $134.58 Hotard, Connie SAI $ 25.20 $ 48.38 $ 7.~5 $ 80.94 Hotard, Stephen PM II $ 31.15 $ 59.81 $ 9.10 $ 100.05 Lew, Kean PM II $ 30.29 $ 58.16 $ 8.84 $ 97.29 Ova, Kiel PM I $ 29.22 $ 56.10 $ 8.5:3 $ 93.85 Stabler, Ben SA IV $ 27.40 $ 52.61 $ 8.00 $ 88.01 Richey, Donald AC $ 24.09 $ 46.26 $ 7.04 $ 77.39 Scherr, Wolfgang PRI $ 39.00 $ 74.88 $11.3!~ $ 125.27 Schmidt, Linda CL $ 14.94 $ 28.68 $ 4.313 $ 47.97 Shininger, Jack PM I $ 29.71 $ 57.05 $ 8.68 $ 95.43 Shull, Robert PRIV $ 64.38 $ 123.61 $18.80 $ 206.79 Woody, Tony SAI $ 26.40 $ 50.69 $ 7.1'1 $ 84.80 Exhibit C Agreement No. AG-C-169 Page 1 of 1 __.·...._·__.__·.·._...._..n 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 lIIelson Farm Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourlv Rate Amount Mike Jones Principal in CharQe 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 360.00 Joe Smith Word Processina 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 965.00 ~ ~ Exnenses (see attached documentation) Charoes Multlolier Amount Mileaae ($0.405/mile) 20 miles xU $ 8.91 Communications $ 30.00 x1.1 $ 33.00 Printina $ 29.00 x1.1 $ 31.90 Consultant Exoenses Subtotal $ 73.81 Consultant Total: $ 1,038.81 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourlv Rate Amount ABC Environmental Inc. Civil EnQineer 10 $ 100.00 $ 1 000.00 Electrical Consultina. Electrical Engineer 5 $ 100.00 500,00 Mechanical Solutions Mechanical Enaineer 10 $ 100.00 MRF 1 000.00 Movina Comnanv Movina Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2 600.00 Subtotal x 1.1 Multinlier $ 2,860.00 Subconsultant Total: $ 2,860.00 _.._h____n_u_u__._n_.._.._n_n_u_n_u_"._.._.._.._.._n_.._n---_"_"_"_n_"_____'_"_n____n_"_"_n____n_"_"_n____.._"_h_u_n_"_U_n_____._.._n_.._n_.._n__.. !º!~~_[)_lJ_~!I::II~}~.~ºI_C:_E:__n____n_n__n_n__n__n__n__.._n__n___n_n__n_..___n__.._n_~~'~~~~~!_. CONTRACT BREAKDOWN Amount T otall nvoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Conmleted Remainino Original Contract $22000.00 $ 1 025.00 $ 2,898.81 $ 3923.81 17.8% 25% $ 18076.19 MRF* 2,500.00 0.00 1 000.00 1 000.00 40% 45% 1 500.00 TOTAL $ 24 500.00 $ 1 025.00 $ 3,898.81 $ 4 923.81 $ 19.576.19 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No. AG-C-169 Page 2 of2 ---"--..-- .._"-----