HomeMy WebLinkAboutDavid Evans and Associates Inc AG-C-392 - CLOSED 2/9/2011/ } 9
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2010 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-392
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 DAVID EVANS AND ASSOCIATES, INC., whose address is 3700
Pacific Highway East, Suite 311, Tacoma, WA 98424-1162, 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, which is attached hereto and by this 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 completed by
October 31, 2010.
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.
Compensation will be on a time and material basis, not to exceed $12,980.00.
Costs will be based on Exhibits B, which are attached hereto and by this reference
made a part of this Agreement.
Agreement for Professional Services AG-C-392
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The CONSULTANT shail be paid by the CITY for direct non-salary cost, per
attached Exhibit B, at the actual cost to the CONSULTANT plus 10%. Exhibit B is
attached hereto and by this reference made a part of this Agreement. These charges
may include, but are not limited to the following items: outside reproduction fees,
courier fees, subconsultant fees, and materials and supplies. The billing for non-salary
cost, directly identifiable with the project, shall be submitted as an itemized listing of
charges supported by copies of the original bills, invoices, expense accounts and
miscellaneous supporting data retained by the CONSULTANT. Copies of the original
supporting documents shall be supplied to the CITY upon request. All above charges
must be reasonably necessary for the services'provided under the Agreement.
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 C17Y prior to any effort being expended on
such services.
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 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-392
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5. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shali 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 that fall below the
generally accepted industry standard of care. The CONSULTANT shall perform its
services to conform to generally-accepted professional engineering standards and the
terms of this agreement.
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/HC3LD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers,
officials, volunteers, and employees harmless from any and all claims, injuries,
damages, losses, or suits, including reasonable attorney fees, to the extent arising out
of 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
herein. The parties agree that this Agreement may not be assigned in whole or in part
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without the written consent of the CITY, which consent shall not be unreasonably
withheld.
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, represen#atives, 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.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
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 b.e 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 to the work
performed for the CITY using the applicable ISO Additional Insured
endorsement or equivalent.
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c. Worker's Compensation coverage as required by the Industriai 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 Automobife 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 fumish 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
complete, certified copies of all required insurance policies be submitted to the CITY af
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
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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.
10. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that, upon payment for services rendered, any and
all drawings, computer discs, documents, records, books, specifications, reports,
estimates, summaries and such other information and materials as the CONSULTANT
prepares 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 ta maintain all books and records refating 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.
11. CERTIFICATION REGARDING DEBARMENT. SUSPENSION, AND
OTHER RESPONSIBtLITY 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
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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.
12. TERMINATiON OF AGREEMENT.
This Agreement may be terminated by either party upon finrenty (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.
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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 befinreen the parties while
this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such
dispute or conflict, the CONSULTANT shall continue to make a gaod faith effort to
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.
Agreement for Professional Services AG-C-392
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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 Sean Douthett, P.L.S., 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 Aubum
Attn: Bob Burton
25 W Main Street
Auburn, WA 98001
Phone: 253-804-5066
Fax: 253-931-3053
E-mail: Rburton@auburnwa.gov
David Evans and Associates, Inc.
Attn: Sean Douthett, P.L.S.
3700 Pacific Hwy East, Suite 311
Tacoma, WA 98424-1162
Phone: 253-922-9780
Fax: 253-922-9781
E-mail: smd@deainc.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.
13.12. The CONSULTANT shall not be responsible for delays caused by factors
beyond the CONSULTANT's reasonable control.
Agreement for Professional Services AG-C-392
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CITY Q.EAUBURN
Peter B. Lewis, Mayor
Date I'D
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
iel B.
DAVID EVANS AND ASSOCIATES, INC.
BY:
Title: Ss?, QSSa c/,gTe-
Federal Tax ID #
Agreement for Professional Services AG-C-392
Page 10 of 14
EXHIBIT A
SCOPE OF WORK
STUCK (WHITE) RIVER HYDROGRAPHIC SURVEY
The following items describe the Scope of Services that the CONSULTANT shall
pertorm for the CITY under this Agreement.
PROJECT DESCRIPTION
The Consultant will perform Hydrographic Survey of the bottom of the White River, also
referred to as the Stuck River, in Auburn. The portion of the river to be sunreyed lies
between East Valley Highway and `R' Street SE. The Consultant will utilize a tethered
buoy with single beam sonar, controlled by RTK GRS methods and a Laser Tracker to
map the bottom of the river from edge of water to edge of water. The Consultant will
gather bottom of river elevations at the thirteen required cross section locations from
the south edge of water to the north edge of water. Horizontal and Vertical Datums will be based on control points and values provided by
the City. The Consultant may rely on the accuracy of information provided by the CITY.
DELIVERABLES
X,Y, Z coordinate file of the elevations collected on the bottom of the river at the
thirteen cross section locations, and up to five copies of the field notes and report
documenting the procedures used to perForm the survey will be provided.
SCHEDULE
The Consultant is prepared to begin work within two weeks of written notice to proceed.
The Consultant anticipates completing the work in the month of October 2010.
FEES
DEA propose to perform the work on a time and material basis with a not-to-exceed
amount $12,980.
EXHIBIT B
FEE SCI3EDULE - MARINE SERVICES DIVISION
APRTL 2010
STAFF
MARINE SERVICES MANAGER (P.E., P.L.S., ACSM Certified Hydrographer)
$215 PER HOUR
LEAD HYDROGRAPHER
$160 PER HOUR
SENIOR HYDROGRAPHER
$130 PER HOUR
HYDROGRAPHER III
$108 PER AOUR
HYDROGRAPHER II
$86 PER HOUR
HYDROGRAPHER I/HYDROGRAPHIC TECHMCIAN ................................................................................4...
$74 PER HOUR
HYDROGRAPHIC AID
..$65 PERIiOUR
GIS ANALYST
$105 PER HOUR
CARTOGRAPHER
$105 PER HOUR
INFORMATION SYSTEMS NETWORK SPECIAL.IST
$138 PER HOUR
PROJECT ASSISTANT
$92 PER HOUR
CLERICAL
$62 PER HOUR
EQUIPMENT
HYDROGRAPHIC / RESEARCH VESSEL'
...$650 PER DAY
RIVER SLED'
...$200 PER DAY
SHIFF*
...$100 PER DAY
PERSONAL WATERCRAFP*
...$200 PER DAY
RESON SEABAT 8101 MiJLTIBEAM ECHOSOUNDER
...$700 PER DAY
RESON SEABAT 7125 DUAL FREQUENCY MULTIBEAM ECHOSOUNDER
$1,100 PER DAY
APPLANIX POS/MV GPS/IINERTIAL POSTI'IONING AND MOTION REFERENCE SYSTEM
...$400 PER DAY
APPLAMX POS/MV WITA POSPAC SOFTWARE AND GPS BASE STAT'ION
...$500 PER DAY
RIEGL LASER SCANNER
$1,000 PER DAY
DUAL FREQUENCY GPS RECEIVER (2-REQUIRED FOR RTK, BASE AND ROVER) ..................................5200 PER DAY
TSS DMS-05 HEAVE COMPENSATOR .................................................................................................................$100 PER DAY
DGPS POSITTONING SYS'I'EM ..............................................................................:.................................................580 PER DAY
LASERTRAK POSITIONING SYSTEM ..................................................•••••..........................................................$100 PERDAY
DUAL FREQUENCY ECHOSOUNDER .................................................................................................................5125 PER DAY
SINGLE FREQUENCY ECHOSOiJNDER ................................................................................................................$50 PER DAY
EDGETECH 4200-FS DIGTAL, DUAL FREQUENCY, CHIRP SIDE SCAN SONAR ........................................$400 PER DAY
ELECTRO-MECHAMCAL WINGH (200 meters of azmored cable) .......................................................................$80 PER DAY
ELECTRO-MECHANICAL WINCH (1500 meters of armored cable) ...................................................................SI40 PER DAY
HYPACK DATA LOGGING AND NAVIGATION HARDWARElSOFTWARE
....5100 PER DAY
TRITON ISIS DIGITAL SONAR ACQUISITION SYS1'EM
....$200 PER DAY
TIDE ACQUISITION SYST'EM
......$80 PER DAY
SOUND VELOCTI'1' PROFILER
$35 PER DAY
BROOKE OCEAN MVP-30 MOVING VESSEL SOLIND VELOCI'TY PROFIL.ER
....5900 PER DAY
CARIS HIPS/SIPS PROCESSING SYSTEM
......$65 PER DAY
CHESAPEAKE SONARWIZ PROCESSING SYSTEM ..........................................................................................$100 PER DAY
GENERATOR
......$25 PER DAY
PER DIEM, VEHICLE MII.EAGE
..............IAW 7'I'R
EXPENSES
. COST PLUS 5010
"Vessel Rates Do Not Include Fuei, Launch Fees, Moorage or Other AncillaryCosts
*"Rates aresubject to updates annually, on anniversary of the contracK.
Rev 04-10
EXHIBIT B
TACOMA SURVEY
2006-2010 HOURLY RATES
TACOMA SURVEY
2009-2010 HOURLY RA.TES
PROFESSIONAL GLASSIFICATION HOURLY
BIL.LING RATE
Regular
ADMINISTRATIVE
Administrative Assistant (ADMA) $ 85.00
Contract Administrator (CONT) $ 95.00
SURVEYING
Survey Manager (SVYM)
$
170.00
Senior Professional Land Surveyor (SPLS)
$
145.00
Professional Land Surveyor (PLSU)
$
130.00
1-Person Survey Crew
$
110.00
2-Person Survey Crew
$
160.00
3-Person Survey Crew
$
230.00
Laser Scanning Office Tech (SCTE)
$
120.00
Project Surveyor (PSVR)
$
120.00
Survey Technician (SVTE)
$
95.00
NON-LABOR EXPENSES
3-D Laser Scanner $ 520.00 per day
Mileage $ 0.51 per mile
Per Diem: Meals $ 39.00 per day
Per Diem: Lodging $ 80.00 per day
Other Expenses Cost plus 10%
16,9
CITY OF
Peter B. Lewis, Mayor
~.JBU
- - WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwo.gov * 253-931-3000
February 9, 2011
Sean Douthett
David Evans & Associates, Inc.
Transpacific Trade Center Building
3700 Pacific Highway East #311
Tacoma, WA 98424
RE: Agreement for Professional Services, AG-C-392
Project No. MS0714, White River Hydrographic Survey
Dear Mr. Douthett:
This letter is to inform you that the above-referenced Agreement for Professional Services
is being closed at this time. Our records indicate that we processed the final payment for
this agreement on November 22, 2010 for invoice #298228 in the amount of $157.60. If
you feel that this Agreement for Professional Services should not be closed, or if there
are any outstanding invoices, please inform me by February 21, 2011.
Thank you for your firm's professional services in work related to the White River
Hydrographic Survey project. If you should have any questions, feel free to give me a call
at 253.804.3120.
Sincerely,
Robert Burton
Survey Supervisor
Department of Public Works
RB/ja/hg
cc: Dani Daskam, City Clerk
AG-C-392
MS0714 - 2.20
AUBURN *MORE THAN YOU IMAGINED