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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.