HomeMy WebLinkAboutRupert Engineering Inc AG-C-277
A3.1(..,'1
OR't!IA'~L
JUin.,~
~1AR 1 3 2006
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-277
Project No. C-310-A
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 RUPERT ENGINEERING, INC., whose address is1519 West Valley
Highway North, Suite 101, Post Office Box 836, Auburn, Washington 98071, hereinafter
referred to as "REI".
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
1. SCOPE OF WORK.
Rupert Engineering, Inc. will provide the following service in the design phase of
Veterans Memorial Park Redevelopment:
1.1. TESC Plan and Details
1.2 Storm Drainage and Grading Plan
1.3 Sanitary Sewer and Water Line Plan
1.4 Site Construction Details and Notes
1.5 Foundation Plan and Details
1.6 Roof Framing Plan and Details
1.7 Wall Sections and Details
1.8 Structural Notes and Submittal Calculations
1.9 Specifications will be done with notes on the drawings
1.10 Coordinate with Architect, Electrical and Mechanical Consultants.
1.11 Plan Check Revisions
1.12 Review Shop Drawings
1.13 As-built Drawings as required by City of Auburn (survey by
others)
1.14 Answer Contractor Questions
Excluded from scope of work are the following:
1.1 SEP A Mitigations
1.2 Plan Check Revisions not due to our omissions
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-310-A - Veterans Park Redevelopment
February 21, 2006
Page 1 of 13
K:/DanlParksNeterans Memorial Park/Rupert Agreement.
N:/Contracts/Admin/RupertAgreement
1.3 Major Changes by Owner or Contractor
1.4 Electrical and Mechanical Designs
1.5 Fire Sprinkler Design
1.6 Utilities (Power, Gas, Telephone, Etc.)
1.7 Surveying, Traffic Report, Geo technical Report, Percolation Test
1.8 Wetland Report
1.9 Sensitive Area Study
1.10 Landscape and Irrigation Designs
1.11 Easement and Right-of-Way Documents
1.12 Construction Cost Estimates, Contract Administration
1.13 Plan Check and Permit Fees
1.14 Reimbursable (i.e. prints, courier services, etc.)
2. TERM.
REI 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 1,2007.
The established completion time shall not be extended because of any delays
attributable to REI, 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 REI. A prior supplemental Agreement
issued by the CITY is required to extend the established completion time.
3. COMPENSATION.
The CITY shall pay REI for any completed work, per attached Exhibit A, at the
actual cost to REI. Exhibits A is attached hereto and by reference made a part ofthis
Agreement. These charges may include, but are not limited to the following items:
reproduction fees, communication fees, and mileage. The billing for non-salary costs,
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
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-310-A - Veterans Park Redevelopment
February 21,2006
Page 2 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N:/Contracts/Admin/RupertAgreement
supporting data retained by REI. Copies of the original supporting documents shall be
supplied to the CITY upon request. All above charges must be necessary for the services
provided under the Agreement.
The billing for Reimbursable Costs, shall be invoiced and submitted to CITY as a
multiple of 1.10 times the cost incurred by REI. These charges may include, but are not
limited to the following items: outside reproduction fees, courier fees, materials and
supplies. The billing for non-salary costs, 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 REI. Copies
of the original supporting documents shall be supplied to the CITY upon request.
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 or work shall be authorized in writing.
4. PAYMENT.
REI shall be paid by the CITY for completed work and for services rendered
under this Agreement. Payment for the work provided by REI shall be made as provided
on Exhibit A attached hereto, provided that the total amount of payment to REI shall not
exceed Fifteen Thousand and No/100s Dollars ($15,000), without express written
modification ofthe Agreement signed by the CITY.
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-31 O-A - Veterans Park Redevelopment
February 21, 2006
Page 3 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N:/Contracts/Admin/RupertAgreement
REI may submit invoices to the City during the progress of the work for partial
payment for that portion ofthe project completed to date. Such invoices will be approved
by the CITY and payment made to REI in the amount approved.
Final payment of any balance due REI of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the CITY.
Payment provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
REI's records and accounts pertaining to this Agreement are to be kept available
for inspection by representatives ofthe CITY and state for a period ofthree (3) years
after final payments. Copies shall be made available upon request.
5. RESPONSIBILITY OF REI.
REI 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 REI under this
Agreement. REI shall, without additional compensation, correct or revise any
errors, omissions or other deficiencies in its plans, designs, drawings,
specifications, reports and other services required. REI shall perform its services
to conform to generally-accepted professional architectural standards and the
requirements of the CITY.
Any approval by the CIlY under this Agreement shall not in any way
relieve REI of responsibility for the technical accuracy and adequacy of its
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-310-A - Veterans Park Redevelopment
February 21, 2006
Page 4 of 13
K:/DanlParksNeterans Memorial Park/Rupert Agreement.
N:/Contracts/Admin/RupertAgreement
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.
REI shall defend, indemnify and hold the CITY, its officers, officials,
volunteers, and employees harmless from and shall process and defend at its
own expense any and all claims, injuries, damages, losses, or suits, including
attorney fees or equity arising in whole or in part from the acts, errors or
omissions of REI in performance of this Agreement, or REI'S negligence or
breach of any of its obligations under this Agreement; provided that nothing
herein shall require REI to indemnify the CITY against and hold harmless the
CITY from claims, demands or suits based solely upon the sole negligence of the
CITY, its officers, officials, volunteers, and employees, and provided further that
if the claims or suits are caused by or result from the concurrent negligence of
(a) REI'S agents or employees and (b) the CIlY, its officers, officials, volunteers,
or employees, this indemnity provision with respect to (1) claims or suits based
upon such negligence, (2) the costs to the CITY of defending such claims and
suits, etc., shall be valid and enforceable only to the extent of REI'S negligence
or the negligence of REI'S agents or employees. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR/ ASSIGNMENT.
The parties agree and understand that REI is an independent contractor
and not the agent or employee of the CITY and that no liability shall attach to
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-31 O-A - Veterans Park Redevelopment
February 21, 2006
Page 5 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N :/Contracts/Admin/RupertAgreement
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.
8. INSURANCE.
REI 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
REI, its agents, representatives, or employees.
REI shall obtain insurance of the types and in the amounts described
below:
1. 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.
2. 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, its officers, employees and agents shall be named
as an insured under REI'S Commercial General Liability insurance policy
with respect to the work performed for the CITY.
3. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-31 O-A - Veterans Park Redevelopment
February 21, 2006
Page 6 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N :/Contracts/Admin/RupertAgreement
4. Professional Liability insurance appropriate to REI'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:
The general liability coverage shall also provide that the CIlY, 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 REI under the terms of this Agreement, by REI, its employees,
agents and subcontractors.
REI'S insurance coverage shall be primary insurance as respects the
CITY, its officials, employees and agents. Any insurance, self insurance, or
insurance pool coverage maintained by the CITY, its officials, employees or
agents shall be excess of REI'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 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.
REI shall furnish the City with original 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 within 14 days of the execution of this Agreement. The CITY
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-310-A - Veterans Park Redevelopment
February 21,2006
Page 7 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N:/Contracts/Admin/RupertAgreement
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 REI has fully complied with this section.
9. NONDISCRIMINATION.
REI 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.
10. OWNERSHIP OF RECORDS AND DOCUMENTS.
REI agrees that any and all drawings, computer discs, documents, records,
books, specifications, reports, estimates, summaries and such other information and
materials as REI may have accumulated, prepared or obtained as part of providing
services under the terms of this Agreement by REI, shall belong to and shall rE!main the
property of the CIlY OF AUBURN. In addition, REI 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. REI
further agrees that the CITY may inspect any and all documents held by REI and
relating to this Agreement upon good cause at any reasonable time within the six (6)
year period. REI 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 RESPONSIBILITY MATTERS-PRIMARY COVERED
TRANSACTIONS.
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-310-A - Veterans Park Redevelopment
February 21, 2006
Page 8 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N :/Contracts/Admin/RupertAgreement
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.
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
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-310-A - Veterans Park Redevelopment
February 21,2006
Page 9 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N:/Contracts/Admin/RupertAgreement
of termination due to the fault of other(s) than REI, REI shall be paid by the
CITY for services performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, REI
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 REI 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, Kin~1 County,
and where applicable, Federal laws.
13.2. All claims, disputes and other matters in question arisin~J 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, REI 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, REI agrees that, notwithstanding such
dispute or conflict, REI shall continue to make a good faith effort to
cooperate and continue work toward successful completion of assigned
duties and responsibilities.
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-310-A - Veterans Park Redevelopment
February 21, 2006
Page 10 of 13
K:/DanlParksNeterans Memorial Park/Rupert Agreement.
N :/Contracts/Admin/RupertAgreement
13.4. The CITY and REI 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 REI 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 CIlY and REI.
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. REI 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 J. B. Rupert on behalf of
REI, 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 Rupert Engineeringf Inc.
Attn: Daryl Faber Attn: J. B. Rupert, PE
910 Ninth Street SE PO Box 836
Auburn WA 98002 Auburn, WA 98071
Phone: 253-931-3043 Phone: 253-833-7776
Fax: 253-931-4005 Fax: 253-939-2168
E-mail: dfaber@auburnwa.gov
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-31 O-A - Veterans Park Redevelopment
February 21,2006
Page 11 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N:/Contracts/Admin/RupertAgreement
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 c:ertified
mail, return receipt requested, and addressed to the address for the party
set forth in 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-277
The Keimig Associates Architects-Planners
Project # C-31 O-A - Veterans Park Redevelopment
February 21, 2006
Page 12 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N :/Contracts/Admin/RupertAgreement
Date
ATTEST:
&~S~
APPROVED AS TO FORM:
RUPERT ENGINEE
CONSULTING ENGI
BY:
Title: ,~..-
Federal Tax ID #
Agreement for Professional Services AG-C-277
The Keimig Associates Architects-Planners
Project # C-31 O-A - Veterans Park Redevelopment
February 21,2006
Page 13 of 13
K:/Dan/ParksNeterans Memorial Park/Rupert Agreement.
N:/Contracts/Admin/RupertAgreement
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-277
Project No. C-310-A
RUPERT ENGINEERING, INC.
Exhibit A
ComDensation Rates and Non -Salary Costs
The total fee, if stated, shall be understood to be an estimate, and shall not be exceeded
by more than ten percent without advanced notification to the CITY. Where the fee
arrangement is to be on an hourly basis, the rates shall be those prevailing at the time
the services are rendered. Current hourly rates are:
Principal Engineer $135.00 Hr.
Senior Engineer $110.00 Hr.
Clerical $ 50.00 Hr.
Autocad Operator $ 65.00 Hr.
Junior Engineer $ 75.00 Hr.
Expert Witness $200.00 Hr.