HomeMy WebLinkAboutCultural Resource Consultants Inc AG-C-405
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AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-405
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 CULTURAL RESOURCE CONSULTANTS, INC. whose address is PO
Box 10668, Bainbridge Island, lNA 98110, 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
December'31, 2011, and can be amended by both parties for succeeding years.
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.
Agreement for Professional Services AG-C-405
June 13, 2011
Page 1 of 11
The:total compensation for this Agreement shall not exceed $3,100, which
includes a Management Reserve fund amount of $6;900. =Expenditure of Management
Reserve Funds must be authorized by.the CITY as set forth in Section 4 of this
Agreement.
The CONSULTANT shall be paid by the CITY for direct. non-salary cost, per
attached Exhibit C, at the actual cost to the.CONSULTANT plus 10%. Exhibit C is
attached hereto and by this, reference made a part of this Agreement. These charges
may include, but are not limited to:thefol[owing,items: outside reproduction fees, courier
fees, subconsultant fees; artd'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
necessary for the- gel 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 CITY prior to any effort being expended on
such services or work-shall be authorized in writing under the Management Reserve
Fund as detailed in Section 4.
4. MANAGEMENT RESERVE-FUND.
The CITY may establish a' Management Reserve Fund to provide flexibility of
authorizing additional funds to the Agreementfor.allowable unforeseen.costs, or
reimbursingthe CONSULTANT for additional work beyond that already defined in this
Agreement= Such authorization(s) shall be in,writing; prior to the CONSULTANT
expending any effort on such services,, and shall not exceed $6,900. This fund may be
Agreement for Professional Services AG-C-405
June 13, 2011
Page 2 of 11
replenished in a subsequent supplemental agreement. Any changes requiring
additional costs in excess of the. Management Reserve Fund shall be negotiated and
approved by the CITY prior=to any effort being expended on such services.
5. 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 subconsultanfwork 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.
6. RESPONSIBILITY, OF CONSULTANT.
The CONSULTANT 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 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 archaeological
monitoring 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.
Agreement for Professional Services AG-C-405
June 13, 2011
Page 3 of 11
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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.
7. INDEMNIOICATION/HOLD 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 :attorney fees, arising out of or resulting. from the
acts, errors or omissions of the CONSULTANT in performance of this Agreement,
except for. injuries or damages caused byithe'sole negligence of the CITY.
8. INDEPENDENT CONTRACTORIASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that noliability 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.
9. INSURANCE.
CONSULTANT shall. procure and maintain for the duration of this Agreement,
insurance against claims for injuries tor persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT,' its agents; representatives, 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
inequity.
Agreement for Professional Services AG-C-405
June'! 3,- 2011
Page 4 of 11
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 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 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.
c. ;Worker's. Compensation coverage as required by the Industrial Insurance
laws of the State of Washington. If the.consultant is a sole proprietor, the
parties agree that Industrial Insurance would be required if the
CONSULTANT had employees.:However, the parties agree that a
CONSULTANT'who has.no employees would not be required to have
Worker's Compensation coverage.
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.
Agreement for Professional Services AG-C405
June '13, 2011
Page 5 of 11
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional 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. If the CONSULTANT'S insurance is cancelled by either party, then written
notice shall be given to the CITY by certified mail, return receipt requested,
immediately following' cancellation.
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 riot less than A-:VII.
-The CONSULTANT shall furnish 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 at
any time. The CITY will pay no progress payments under Section 3 untilthe
CONSULTANT has fully complied with this section.
10. NONDISCRIMINATION.
The CONSULTANT 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:
Agreement for Professional Services AG-C-405
June 13, 2011
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11. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees.that any and all drawings, computer discs,
documents, records, books, specifications, report s, 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 record srelating 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.
12. 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:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible; or voluntarily excluded from covered transactions by' any federal
department oragency;
(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
Agreement for Professional Services AG-G405
June 13; 2011
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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 withina 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.
13. TERMINATION OF AGREEMENT.
ThisAgreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of termination due to
the fault, of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the
CITY for services performed to the date of termination.
Upon receipt 'of a termination notice under, the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
written notice,.and (2),deliver to the CITY all data, drawings; specifications, reports,
estimates, summaries, and such other information and materials as the CONSULTANT
may have accumulated,. prepared or, obtained in performing this Agreement, whether
completed or in process.
Agreement for Professional Services AG-C-405
June 13, 2011
Page 8 of 11
14. GENERAL PROVISIONS.
14.1. 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.
14.2. 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.
14.3. In the event that any dispute or conflict arises between the parties while
this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such
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.
14.4. 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.
14.5. 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.
14.6. Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorneysfees and
expenses and. court costs shall be paid to the substantially prevailing party.
Agreement for Professional Services AG-C405.
June 13, 2011
Page 9 of 11
14.7. The CONSULTANT agrees-to comply with all.local, state and federal laws
applicable to its. performance as of the date of this Agreement.
14.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain.in force and effect.
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14.9. This Agreement shall be administered by Glenn Hartmann 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 oh or mailed to
the following addresses:
City of Auburn Cultural Resource Consultants, Inc.
Attn: Elizabeth Chamberlain Attn: Glenn Hartmann
25_W Main Street PO Box 10668'
Auburn WA . 98001 Bainbridge Island; WA 98110
Phone: 253.931.3092 Phone: 206-855-9020
Fax: 253.:804.3314 Fax: 2.06-319-4602
E-mail: echamberlain@auburnwa.gov E-mail: genn@cecwa.com
14.10. 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 addresseflo the address
for the party:set_forth in 14.9 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.
Agreement for Professional Services AG-C-405
June 13,2011
Page 10 of 11
14.11. 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.
IF-k U R
i
Peter B: Lewis, Mayor
Date Q otk___, -3 , o2lb 1
ATTEST:
Danielle E. Daskam; City Clerk
APPROVED AS TO FORM:
Dafiiel B.'.Heid, pity Attorney
CULTURAL RESOURCE
CONSULTANTS, INC.
BY:
Title: President/Principal=Investigator
Federal-Tax ID #
Agreement for Professional Services AG-C-405
June 13, 2011
Page 11 of 11
EXHIBIT A
SCOPE OF WORK
A. Project Description
The South Division Street Promenade project is a reconstruction of South
Division Street including roadway pavement, crosswalks, sidewalks, street trees
and tree grates, landscape areas, pedestrian lighting, street lighting, City-owned
fiber conduits, storm drainage improvements, and aesthetic treatments at the
intersections of 2nd Street/South Division Street, Ilse Street/South Division Street,
and at Main Street/South Division Street all in accordance with the City's
Promenade plan and the adopted Downtown Sidewalk Guidelines. The project
includes widening sidewalks to 18-20 feet in width. In addition, the project
includes the relocation of City-owned sanitary sewers lines, upsizing of City-
owned water lines, and restoration of public facilities needed to accomplish these
improvements.
B. Project Schedule
• Estimated Start Date -June 13, 2011
• The City's shall provide 72-hours notice of actual start date
• The City's contractor shall provide 48-hours notice for scheduling
modifications unless unavoidable to provide the 48-hours notice.
C. Project Assumptions
• Budget assumes five (5) days for archaeological monitoring; with
additional days as needed within the budgeted management reserve fund.
• Prior to Monitoring commencing as outlined below, the City will provide
two final construction plans to Cultural Resource Consultants, Inc. (CRC)
in 11 x17 size.
• CRC assumes the City will submit the prepared archaeological monitoring
report to DAHP within 15 days of receipt of said report for review. CRC
cannot be held liable for reports prepared but not submitted to DAHP in a
timely manner. Additional fees may apply for additional services required
as part of DAHP's review process for reports submitted after 15 days of
receipt
• Because of recent changes in Washington State law, if human remains
are found within the project area, all CRC field investigations will cease
immediately, proper authorities will be notified and CRC will not resume
field investigations until applicable state laws are addressed.
D. Project Scope
Exhibit A
Agreement No. AG-C-405
Page 1 of 2
Task 1 -Archaeological Monitoring Plan
CRC will prepare an archaeological monitoring plan for this project.
Task 9 Deliverable
• Archaeological monitoring plan - Within one week of start date
Task 2 - Field Monitoring
CRC will provide five (5) days of archaeological monitoring within 72-hours notice
of construction commencing, during construction excavation for identification of
archaeological and historical resources. Excavation for construction is scheduled
to begin June 13, 2011.
Task 3 - Archaeological Monitoring Technical Memorandum
CRC will prepare a technical memorandum describing field monitoring results of
investigations and management recommendations.
Task 3 Deliverable
• Technical Memorandum on field monitoring results
• Submit three (3) copies of the final report within 30 days of completion of
archaeological monitoring
Exhibit A
Agreement No. AG-C-405
Page 2 of 2
EXHIBIT B
FEE SCHEDULE
Direct Labor Costs:
Classifications Estimated Labor Rate Cost
Hours
Principal Investigator 4.0 $57.00 $228.00
Project Archaeologist 1 8.0 $31.50 $252.00
Project Archaeologist II 0.0 $30.00
Project Archaeologist III 0.0 $28.50
Field Archaeologist 0.0 $19.00
Field Archaeologist 0.0 $18.00
Field Archaeologist 0.0 $17.00
Monitoring Archaeologist 48.0 $14.00 $672.00
Project Historian 0.0 $29.00
Office Manager 4.0 $28.50 114.00
Office Assistant 0.0 $16.00
Total 63.0 $1,266.00
Overhead OH Cost includin Sala Additives
OH Rate x DLC Of 110% x $1,237.50 $1,392.60
Fixed Fee FF :
FF Rate x DLC 20% x $1,237.50 $253.20
Grand Total 2,911.80
Exhibit B
Agreement No. AG-0-405
Page 1 of 1
EXHIBIT C
DIRECT NON-SALARY REIMBURSABLE EXPENSES
® Outside Reproduction Fees
® Courier Fees
® Subconsultant Fees
Materials and:Supplies
Mileage at.$0.51/mile or the current approved IRS rate.
It is understood that all reimbursements are at cost and will be marked-up 10%.
Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts
'with other consultants; such 'as appraisers and/or environmental- consultants, etc. If
approved; the CITY shall, reimburse the CONSULTANT for the actual cost of the .
subcontracts plus a 10%, markup :to cover the CONSULTANT'S additional overhead
expense associated with the Subcontract.
Exhibit C
Agreement No. AG-C-405
Page! of 1-
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 completed, 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-115).
• 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 work 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
information 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 are due by January 15'h.
• For grant/special funded projects there might be other special information needed, reference
the LAG manual.
Consultant Invoices
Agreement No. AG-C-405
Page 1 of 2
SAMPLE INVOICE
City of Auburn Invoice M 5222
25 West Main Progress Payment M 2
Auburn WA 98001 Invoice Date: February 10, 2002
Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm
Agency Agreement M AG-C-010 Project PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel Hours Hourly Rate Amount
Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00
Carla Maker, Architect 5 $ 72.00 $ 144.00
Joe Smith, Word Processing 10 $ 48.00 $ 480.00
Consultant Personnel Subtotal $ 749.00
Expenses see attached documentation Charges Multiplier Amount
Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59
Carla Maker, Architect $ 30.00 x1.1 $ 33.00
Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90
Consultant Expenses Subtotal $ 72.49
Consultant Total: $ 821.49
SUB CONSULTANTS (see attached documentation)
Subconsultant Hours Hourly Rate Amount
ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00
Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00
Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00
Moving Company, Moving Consultant 2 $ 50.00 100.00
Subconsultant Subtotal $ 2,600.00
Subtotal x 1.1 Multiplier $ 2,860.00
Subconsultant Total: $ 2,860,00
TOTAL D._UE THIS INVOICE $ 3,681.49
CONTRACT BREAKDOWN
Amount Total Invoiced % % Amount
Task Authorized Prior Invoiced This Invoice To Date Expended Completed Remaining
Original
Contract $22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51
MRF• 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00
TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51
Note: MRF=Management Reserve Fund
• Received a written authorization of MRF on 1110101 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG-C-405
Page 2 of 2
AMENDMENT #1 TO AGREEMENT NO. AG-C-405 BETWEEN
THE CITY OF AUBURN AND CULTURAL RESOURCE CONSULTANTS, INC.
RELATING TO PROJECT NO. CP1005, ARCHAEOLOGICAL MONITORING
THIS AMENDMENT is made and entered into this day of July, 2011, by and between
the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred
to as the "CITY"), and Cultural Resource Consultants, Inc. (hereinafter referred to as the
"CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-405
executed on the 13 day of June, 2011.
The changes to the agreement are described as follows:
1. CONTRACT TERM: There is no change to the date of termination.
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2. SCOPE OF WORK: The scope of work is amended to include the following tasks:
Task 2 Field Monitoring is modified as follows:
Cultural Resource Consultants, Inc. will provide on-going archaeological monitoring, with
48-hours notice, during construction for identification of archaeological and historical j
resources, in accordance with the Memorandum of Agreement that is attached to this
amendment as Exhibit A. The archaeological monitoring under this amendment will begin
July 5, 2011. j
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3. COMPENSATION: The amount of this amendment is $50,000. The total contract amount
is increased to a $60,000. See Exhibit B for the revised budget.
4. EXHIBITS: The Exhibits shall be modified to include:
EXHIBIT C - Memorandum of Agreement by and among the ECONOMIC DEVELOPMENT
ADMINISTRATION, US DEPT OF COMMERCE, the CITY OF AUBURN and DAHP signed
and dated in January 2010.
EXHIBIT D replacing EXHIBIT B, CRC FEE SCHEDULE with the attached Phase II
Monitoring from July to October 2011 Subconsultant Fee Determination Summary Sheet.
Monitoring Archaeologist shall be at a maximum rate of $28.50 per hour, four (4) hour
minimum per day unless 48 hours notice is given for change in monitoring schedule.
Mileage reimbursement is at the current IRS rate ($0.555/mile effective July 1, 2011).
5. CONSULTANT INVOICES: The following stipulation for consultant invoices shall be added:
Consultant Invoices may be submitted monthly for the prior month's time and materials and
shall be paid within 30 days of receipt.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG-C-405 executed on the 13 day of June, 2011 shall remain unchanged, and in
full force and effect.
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Amendment No. 1 for Agreement No. AG-C-405
Cultural Resource Consultants, Inc.
Page 1 of 2
e
IN WITNESS WHEREOF the parties hereto have,executed`this Agreement
.as of the day
and year fr§t'above wntten.
,CULTURAL. RESOURCE;; :CITY OFAUBURN, CONSUnLTANTS INC. " .
Bye ~ - - .
Glerin:D Hartmann r sident Peter B. LeAi ';Mayor.
:ATTEST'
Danielle E Daskam,%Aubum City Clerk
Approved as to form: ,
Daniel'B::Heid,,A0uri City" '-'Mto'r'ney:'-':
Amendment No. 1 forAgreemehl No. AG-C=405
Cultural ke' source Consultants; Inc.
Rage `1 oft
C
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
CULTURAL RESOURCE CITY OF AUB.URN
CONSULTANTS, INC.
By:
Glenn D. Hartmann, President Peter B. Lewis, Mayor
TT- T
Danielle E. Daskam, Auburn City Clerk
Approved as to form:
i
-r(A' Daniel B. Heid, Auburn City Attorney
i
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Amendment No. 1 for Agreement No. AG-C-405
Cultural Resource Consultants, Inc.
Page 2 of 2
Exhibit C
Amendment to AG-C-405
R1.:Cl::fV1 h hl'.
2010 A 19 PM 98
MEMORANDUM OF AGREEMENT
i
by and among
the ECONOMIC DEVELOPMENT ADMINISTRATION,
U.S. DEPARTMENT OF COMMERCE;
fire CITY OF AUBURN, WASHINGTON;
and
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the WASHINGTON DEPARTMENT OF ARCHAEOLOGY AND HISTORIC
PRESERVATION
regarding the j
SOUTH DIVISION STREET PROMENADE PROJECT
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CITY OF AUBURN, WASHINGTON
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WHEREAS, the City of Auburn, Washington (City) has applied for a financial assistance '
award from the Economic Development Administration (EDA), U.S. Department of Commerce
for the South Division Street Promenade Project, which will revitalize the City's existing '
downtown corridor by reconstructing approximately 928 linear feet of South Division Street and
replacing lateral utilities, water, sewer and storm sewer, between West Main Street and 3' Street
SE in the City (Undertaking); and,
WHEREAS, the Undertaking will have an adverse effect on the Marvel Food and Deli
Building, which is located at 2 West Main Street, a property that currently is vacant and is eligible
for listing in the National Register of Historic Places and that the City proposes to demolish to !
accomplish the Undertaking; and
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WHEREAS, the Undertaking and further redevelopment of die area would not be possible
without the demolition of the Marvel Food and Deli Building; and
A
WHEREAS, EDA consulted with the Washington State Historic Preservation Officer
(SHPO) and appropriate Tribes pursuant to Section 106 of the National Historic Preservation Act
(16 U.S.C. § 4700 (NHPA) and its implementing regulations at 36 CPR part 800 to resolve the
effect of the Undertaking on historic properties; and
WHEREAS, FDA and the SHPO agree that there is a lack of prudent and feasible
photographs showing its evolution-
(ii) (ii) The Interpretive Plan shall provide that all of the architectural items not
reused in the display may be used in other locations in tile. area. As many
such items as is practical shall be properly identified by interpretive
signage.
(iii)The Interpretive Plan shall be developed and will be completed within two
years from the date of this Agreement. The City shall forward the plan to
EDA and the SHPO for review and comment.
B. Archaeologleal 1Vloultoring. The City wilt ensure that a professional archaeologist
approved by DAHP monitors all earth disturbing activities and excavations. At a
minimum, such monitoring will include the recording and reporting of major features or
artifact concentrations uncovered and recovery and, if practical, curation of a sample of
discovered artifacts.
ADMINISTRATIVE PROVISIONS
A. DURATION
This Agreement shall become effective upon execution by all Parties and it shall continue
in Rill force and effect until December 31, 2011, or until it is amended or terminated as
provided in sections C. or D. below. The Agreement may be extended for an additional
term upon the written agreement of the Parties.
If the stipulations and other terms of this Agreement have not been implemented by
December 31, 2011, this Agreement shall be considered null and void. In such event EDA
shall so notify the Parties to this Agreement and if it chooses to continue with the
Undertaking, shall reinitiate review of the Undertaking in accordance with 36 CFR pail
800.
{
B. REPORTS
Within 30 days of receipt of any report submitted by the City to the SHPO with regard to
this Undertaking, the SHPO will review, comment upon if necessary, and approve or
disapprove said report. Copies of any report will be sent to all Parties. Failure by the
SHPO to respond within 30 days of receipt of any report for the Undertaking submitted
by the City shall be deemed to constitute approval of such report.
C. DISPtJTE RESOLUTION
Should any Party to this Agreement object within 30 days to any actions taken pursuant to
the Agreement, EDA shall consult with the objecting Party or Parties to resolve the
objection. If EDA determines that the objection cannot be resolved, EDA' shall forward all
documentation relevant to the dispute and request further comments or recommendations
from the Council concerning the dispute pursuant to 36 C.F.R. § 800.7(c).
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EXECUPION OF THIS MEMORANDUM OF AGREEMENT and the implementation of its
terms, evidence that, EDA has taken into account. the effects of the Undertaking on historic
properties.
U.S. ECONOMIC DEVELOP ENT ADMINISTRATION
BY: Date: ( 1 p
Name: Dennis Alvord
Title: Acting Deputy Assistant Secretary for_Regionit Affairs
WASHINGTON STATE HISTORIC PRESERVATION OFFICER
BY:
Date: '
Name: Allyson Brooks, Pli.D.
Title: Washington State Historic Preservation Officer.
CONCUR: CITY OF AUBURN. ~
By' Date:
Name: Peter B. Lewis
Title: Mayor, City of Auburn
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EXECUNON OF THIS MEMORANDUM OF AGREEMENT and the implementation of its
terms, evidence that EDA has taken into account the effects of the Undertaking on historic
properties.
U.S. ECONOMIC DEVELOPMENT ADMINISTRATION
BY: Date:
1
Name: Dennis Alvord
Title: Acting Deputy Assistant Secretary for Regional Affairs
WASHINGTON S' ' HISTORIC PRESERVATION OFFICER
BY: Date: ! f Z C7
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Name: Allyson Brooks, Pli.D.
Title: Washington State Historic Preservation Officer.
CONCUR. CITY OF AUBURN
By: Date:
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Name: Peter B. Lewis
Title: Mayor, City of Auburn
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EXECUPION OF THIS MEMORANDUM OF AGREEMENT and the implementation of its
terms, evidence that EDA has taken into account the effects of the Undertaking on historic
properties.
U.S. ECONOMIC DEVELOPMENT ADMINISTRATION
BY: Date:
Name: Dennis Alvord
Title: Acting Deputy Assistant Secretary for Regional Affairs
WASHINGTON STATE HISTORIC PRESERVATION OFFICER
BY: Date:
Name: Allyson Brooks, Ph.D.
Title: Washington State Historic Preservation Officer.
CONCU AUB
JJ
By: - Date: _
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Name: Peter B, Lewis
Title: Mayor, City of Auburn
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Exhibit D
Amendment to AG-C-405
Subconsultant Fee Determination - Summary Sheet
Project: South Divison Monitoring
CRC 1106C - City of Auburn Phase II Monitoring from July to October 2011
Direct Labor Cost
Classifications Labor Hours x Rate = Cost j
Principal Investigator 16.0 $ 57.00 $ 912.00
Project Archaeologist I 8.0 $ 31.50 $ 252.00
Project Archaeologist II 0.0 $ 30.00 $ -
Project Archaeologist III 0.0 $ 28.50 $ -
Field Archaeologist 0.0 $ 19.00 $ -
Field Archaeologist 0.0 $ 18.00 $ -
Field Archaeologist 0.0 $ 17.00 $ -
Monitoring Archaeologist 640.0 $ 28.50 $ 18,240.00
Project Historian 0.0 $ 29.00 $ -
Office Manager 16.0 $ 28.50 $ 456.00
Office Assistant 0.0 $ 16.00 $ -
680.0 $ 19,860.00
Overhead (OH Cost - - including Salary Additives):
OH Rate x DLC of: 110% %x$ $ 19,860.00 $ 21,846.00 j
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Fixed Fee (FF):
FF Rate x DLC of: 20.00% %x$ $ 19,860.00 $ 3,972.00
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Reimbursables:
Photo & Graphic Supplies $ -
Lodging: $ `
Per Diem: $ -
Mileage: 6200 $55-.*~/mile $ 3,441.00
55Vf
$ 3,441.00 I
Grand Total: $ 49,119.00
Prepared by: Teresa Peterson, Office Manager Date: 30-Jun-11
DOT Form 140-089 EF Exhibit G-1
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