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2005 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-172
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 Perteet, Inc., a corporation, whose address is 2707 Colby Ave # 900,
Everett WA 98201, 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, attached and by this reference made 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, 2005.
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.
The CONSULTANT shall be paid by the CITY for completed services rendered
under the approved individual work task orders for each assignment (see example
Exhibit B). Such payment shall be full compensation for work performed or selvices
rendered and for all labor, materials. supplies, equipment and incidentals necessary to
complete the work. The CONSULTANT shall submit an itemized bill to the CITY prior
to payment.
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Agreement for Professional Services AG-C-172
April 19, 2005
Page 1 of9
The CONSULTANT shall be paid by the CITY based upon the fees included on
each individual approved work task order. These fees will be "not to exceed" lump sum
figures based on the hourly rates as shown in the attached Exhibit C. Exhibit C is
attached hereto and by reference made a part of this Agreement. Compensation shall
include all consultant expenses including, but not limited to, overhead, profit and direct
non-salary costs and shall not exceed that amount shown on each approved individual
work task order for appraisal or appraisal review services under this contract. The total
amount of the Agreement is not to exceed $12,000.00.
In the event services are required beyond those specified in the SCOPE! of Work,
and not included in the compensation listed in this Agreement, a contract modification
shall be negotiated and approved by the CITY prior to any effort being expended on
such services.
4. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, desi~ ns,
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
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Agreement for Professional Services AG-C-172
April 19, 2005
Page 2 of9
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 again sit 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 employees, this
indemnity provision with respect to (1) claims or suits based upon such negliglsnce, (2)
the costs to the CITY of defending such claims and suits, etc. shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negli!Jence of
the CONSULTANT'S agents or employees. The provisions of this section shall survive
the expiration or termination of this Agreement.
6. 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.
7. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial genera/liability insurance against claims for injuries to persons or damage
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Agreement for Professional Services AG-C-172
April 19, 2005
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to property which may arise from or in conjunction with services provided to the CITY by
the CONSULTANT, its agents, employees or subcontractors, under this Agreement.
The CONSULTANT agrees to provide commercial general liability insurance and shall
maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per
occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The
CONSULTANT shall also provide and maintain professional liability coverage, in the
minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and ONE
MILLION DOLLARS ($1,000,000) aggregate.
The general liability coverage shall also provide that the CITY, its officers,
employees and agents are to be covered as additional insured as respects: Liability
arising out of the services or responsibilities performed by or under obligation of the
CONSULTANT under the terms of this Agreement, by the CONSULTANT, its
employees, agents and subcontractors.
Both the general liability and professiona/liability coverage shall provide 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 not 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 State of
Washington. The CONSULTANT agrees to provide copies of the certificates 01'
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.
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Agreement for Professional Services AG-C-172
April 19, 2005
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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 aGtivities 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.
9. 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. ThH
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.
10. 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:
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Agreement for Professional Services AG-C-172
April 19, 2005
Page 50f9
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by an}' 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.
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
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Agreement for Professional Services AG-C-172
April 19, 2005
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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 govemed by the laws, regulations and ordinances
of the City of Auburn, the State of Washington, King County, and where applicable,
Federal laws.
12.2. 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.
12.3. In the event that any dispute or conflict arises between the parties while
this Agreement is in effect, the CONSULTANT agrees that, notwithstanding sllch
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.
12.4. 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.
12.5. 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.
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Agreement for Professional Services AG-C-172
April 19, 2005
Page 70f9
12.6. 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.
12.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
12.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
12.9. This Agreement shall be administered by Sanjeev T andie, 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 Perteet, Inc.
Attn: Joe Welsh, Transportation Planner Attn: Sanjeev Tandle
25 W Main Street 3625 Perkins Ln SW Ste 300
Auburn WA 98001 Lakewood WA 98499
Phone: 253.804.5050 Phone: 253.984.7138
Fax: 253.931.3053 Fax: 253.589.0399
E-mail: jwelsh@auburnwa.gov E-mail: sanjeevt@perteet.com
12.10. 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, retum receipt requested, and addressed to the
address for the party set forth in 12.9, 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.
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Agreement for Professional Services AG-C-172
April 19, 2005
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12.11. 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.
.~
~
Date
wis, Mayor
MAY I 3 2005
ATTEST:
~
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
PERTEET, INC.
BY: Í-~ P l'XJ
I
Title: ~.e,>~
Federal Tax ID #:
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Agreement for Professional Services AG-C-172
April 19, 2005
Page 9 of 9
EXHIBIT A
SCOPE OF SERVICES
ON-CALL ENGINEERING SERVICES
1. ON-CALL TRAFFIC ENGINEERING SERVICES:
The Consultant shall provide Traffic Engineering Services to the City of Auburn on
an on-call basis. Services may include a wide range of traffic, transportation, or
related engineering services to support the City in private development reiviews, City
projects, or other City requirements.
The Consultant may be requested to calculate traffic impact fees, conduc:t peer
reviews of the traffic studies/plans relating to the City's engineering division or
private developers and conduct traffic studies including level of service or capacity
analyses, simulation modeling, sight-distance safety analysis, pedestrian and
bicycle facilities plans, signing and striping plans, and traffic control plans.
The Consultant may be requested to assist in revising the Transportation
Improvement Program, the transportation element of Comprehensive Plan, and the
transportation elements of the design/construction standards. The Consultant may
also be requested to perform traffic-engineering services not included in this scope
of work.
2. ON-CALL PLAN REVIEW CONSULTING TASKS:
Each item of work under this AGREEMENT will be provided by task assignment.
Each assignment will be individually negotiated with the CONSULTANT based upon
the rates as provided in Exhibit C. The amount established for each assi! nment will
be the maximum amount payable for that assignment unless modified in writing to
the CITY. The CITY is not obligated to assign any specific number of tasl(5 to the
CONSULTANT, and the CITY'S and CONSULTANT'S obligation hereunder are
limited to the tasks assigned in writing. For Plan Review, the tasks assignments
may include, but are not limited to, the following types of work:
1. Review and approve engineering plans and reports for private and or public
developments including: commercial sites, government sites, multi-family
sites, and single family residential developments. Including engineering
plans and reports for:, frontage improvements, streets, pedestrian access,
ADA compliance and internal site access design such as parking lots.
2. Review and approve pavement designs associated with private
developments, in accordance with AASHTO and City of Auburn pavement
design methods.
3. Other tasks as assigned.
Exhibit A - Scope of Services
Agreement for Professional Services AG-C-172
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EXHIBIT B
ANNUAL CONTRACT TASK ASSIGNMENT DOCUMENT
AGREEMENT #: AG-C-172
TASK #: PE-xxxxx-xxx
CONSULTANT: Perteet. Inc.
PROJECT #: # and Title. or Description of Work
The general provisions and clauses of the Agreement referenced above shall be in full
force and effect for this Task Assignment.
Location of Project: xxxxxxxxxxxxx
Maximum Amount Payable per this Task Assignment: $xxx.xx
Completion Date: xxxxxxxx. 2005
SCODe of Work:
Approvals:
Consultant Project Manager:
Signature:
Date:
Agency Project Manager:
Signature:
Date:
Agency Mayor, if Task is over $5,000:
Signature: Date:
Note: If this task assignment is over $25,000 then it must go before the Public; Works
Committee and City Council for approval prior to the Mayor's signature.
Exhibit B - Sample Task Assignment
Agreement for Professional Services AG-C-172
Page 1 of 1
EXHIBIT C
SCHEDULE OF 2005 BILLING RATES
Enaineering Design and Plannina Classifications
Patriarch (Rich Perteet)
Principal
Senior Associate
Senior Project Manager
Pro'ect Mana er
Engineer III
Engineer II
En ineer I
Planner III
Planner II
Planner I
Technician III
Technician II
Technician I
Contract Administrator
4 hour minimum
Hourly Rate
$180.00
165.00
150.00
130.00
110.00
100.00 ]
80.00
70.00
100.00
80.00
60.00
80.00 ]
75.00
70.00
95.00
70.00
60.00
@ """,.. ",""y "'''" I
1.5 times houri rates
Direct Expenses
Living & travel expenses outside of service area
Authorized Subconsultants
Outside Services (printing, traffic counts, etc.)
CADD Station
Traffic Modeling
Xerox Color Copies
Mileage
Rate
Cost plus 10 percEmt
Cost plus 10 perCEmt
Cost plus 10 percEmt
$10.00 per hour
$15.00 per hour
$.80 each
0.45 per mile
Exhibit C - Schedule of 2005 Billing Rates
Agreement for Professional Services AG-C-172
Page 1 of 2
Survey and Construction Observation Classifications
Principal Surveyor
Senior Professional Land Surveyor
Professional Land Surveyor
Project Surveyor II
Project Surveyor I
Survey Technician III
Survey Technician II
Surve Technician I
One Person Survey Crew
TwoPeffionSurveyCrew
Three Person Surve Crew
Senior Construction Observer
Construction Observer
Hourly Rate
150.00
130.00
100.00
90.00
80.00
70.00
60.00
50.00
90.00 ]
150.00
200.00
100.00
80.00
Direct Survey EXDenses
Dual Frequency GPS Receiver
Robotic Total Station Data Collection System
Digital Level
Survey monuments & cases
Exhibit C - Schedule of 2005 Billing Rates
Agreement for Professional Services AG-C-H2
Page 2 of 2
Rate
$150.00 per day
$100.00 per day
$50.00 per day
Cost plus 10 Dercent
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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 c:ompleted,
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-010).
· 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 wor~; 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 infonmation 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 is due by January 15th.
· For grant/special funded projects there might be other special infonmation needed,
reference the LAG manual.
Consultant Invoices
Agreement for Professional Services AG-C-172
Page 1 of 2
SAMPLE INVOICE
City of Auburn Invoice #: 5222
25 West Main Progress Payment #: 2
Auburn WA 98001 Invoice Date: February 10,2002
Attn: Scott Nutter (Project Engineer) Project Name: Thomas N,¡lson Farm
Agency Agreement #: AG-C-01 0 Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel
Mike Jones, Principal in Charge
Carla Maker, Architect
Joe Smith. Word Processina
Consultant Personnel Sub Total:
Hours
1
5
10
Hourlv Rate
$125.00
$ 72.00
$ 48.00
Expenses (see attached documentation)Charaes
Mileage ($0.345/mile): 20 miles
Communications: $30.00
Printina: $29.00
Consultant Expenses Sub Total:
Consultant Total:
SUB CONSULTANTS
Subconsultant (see attached documentation)
ABC ENVIRONMENTAL. INC., Civil Engineer
ELECTRICAL CONSULTING, Electrical Engineer
MECHANICAL SOLUTIONS, Mechanical Engineer
MOVING COMPANY. Movina Consultant
Subconsultant Sub Total:
x 1.1 Multiplier:
Hours
10
5
10
2
SubconsuUantTotat
Amount
$125.00
$144.00
$480.00
$749.00
Multiplier
x 1.1
x 1.1
x 1.1
Hourlv Rate
$100.00
$100.00
$100.00
$100.00
Total
$ 7.59
$33.00
$31.90
$72.49
$,~21.49
Amount
$1,000.00
$ 500.00
$1,000.00 MRF*
$ 100.00
$2,600.00
$ 260.00
_"_'.____n__'_"_n_n_U__'_h_n_n_n__'_h_.._n_n_"_"_n_.._u_n_".__._n_n_n_.._u_.._h_.._.._n_n_.._.__n_n_.._n_n____"'_'__"_n_.._n_.._n_'__"_"_n_.._n_.n
$2.860.00
_H_H__H_____H__H__H__._H__H_!.<?!~~_~I¿I:_!':I.I~~N-"~!~I:__H____H_____H_H~=!'~_1~~~_H__H__H__H_H
CONTRACT BREAKDOWN
Prior
Invoiced
This
Invoice
Total Invoiced % % Amount
To Date Expended Complet,¡d Remaining
Amount
Task Authorized
Original
.çºrltrªgt~?2,000 .00
MRF* $2.500.00
TOTAL $24,500.00
~1.,º?5,ºº_
$0.00
$1,025.00
...__g()ª~:..!.J.
$1,000.00
$3,681.49
.~ª,?º():49
$1,000.00
$4,706.49
Note: MRF=Management Reserve Fund
20%
.......-..........
40%
250/0........ ..1~ª,29ª:!i1
45% $1,500.00
$19,793.51
. Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount
of $2,000.00.
Consultant Invoices
Agreement for Professional Services AG-C-172
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