HomeMy WebLinkAboutAG-C-419 Tetra Tech Inc.AGREEMENT FOR PROFESSIONAL SERVICES
AG -C-419
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
TETRA TECH INC. whose address is 1420 5th Avenue, Suite 600, Seattle, WA 98101
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, 2012
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.
Compensation will be on a time and material basis, not to exceed $5,008.00. Costs will
be based on Exhibit B, which is attached hereto and by this reference made a part of this
Agreement.
Agreement for Professional Services AG -C-419
Page 1 of 15
•
The CONSULTANT shall 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 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 CITY 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.
5. 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,
Agreement for Professional Services AG -C-419
Page 2 of 15
specifications, reports and other services performed by the CONSULTANT under this
Agreement. The CONSULTANT shall, without additional compensation, correct or revise any
errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports
and other services required. The CONSULTANT shall perform its services to conform to
generally- accepted professional engineering standards and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except
as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor
payment for, any of the services shall be construed to operate as a 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.
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 by the
sole negligence of the CITY.
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 without the written consent of the
CITY.
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
Agreement for Professional Services AG -C-419
Page 3 of 15
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•
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. 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 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 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 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 -419
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10. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs, .documents,
records, books, specifications, reports, estimates, summaries and such other information and
materials as the CONSULTANT may have accumulated, prepared or obtained as part of
providing services under the terms of this Agreement by the CONSULTANT, shall belong to
and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees
to maintain all books and records relating to its operation and concerning this Agreement for
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
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 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,
Agreement for Professional Services AG -C -419
Page 6 of 15.
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 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.
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
Agreement for Professional Services AG-C-419
Page7of15
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 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.
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.
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 Rob Flaner on behalf of the
CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written
notices required by the terms of this Agreement shall be served on or mailed to the following
addresses:
City of Auburn
Attn: Tim Carlaw
Agreement for Professional Services AG -C -419
Page 8 of 15
Tetra Tech
Attn: Rob Flaner
25 W Main. Street
Auburn .WA 98001
Phone: 253.804.5060
Fax: 253. 931.5053
E -mail: Tcarlaw @auburnwa.gov
90 South Blackwood Avenue
Eagle, ID.' 83616 _
Phone: 208.939.4391
Fax: 208.939.4402
E- mail :Rob.Flaner @tetratech.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. .
Agreement for Professional Services AG -C-419
Page 9of15
ATTEST:
Danielle E. Daskam, City Clerk
APP
VED TO FORM:
iel B. Hei., - ity Attorney
Agreement for Professional Services AG -C-419
Page 10 of 15
Peter B. Lewis, Mayor
Date MAR' 16.2019
TETRA TECH
BY: ,c. r kuo (xtitio t U�
Title: 17 -r e C1VY i EAS
Federal Tax ID #
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Task 1.0: CRS verification -Visit Follow -up.
Under this task,. CONSULTANT will support the City in all follow -up requested by ISO, following the
September 2010 verification visit. CONSULTANT will assimilate all documentation and prepare the
response to all requests on behalf of the city, as was as act as the liaison between ISO personnel and
City staff. All documentation gathered and correspondence with ISO will be added to the original CRS
application prepared for the September 2010 visit. CONSULTANT will confirm the impact of.any new
documentation submitted on the City's final CRS classification. The primary deliverable for this task
will be copies of any correspondence between CONSULTANT and ISO as well as any revisions to the
City's CRS application. Due date: December 31, 2012.
Task 2.0: CRS Annual Recertification Support.
Under this task, CONSULTANT will be available to the City to support its preparation of its 2012
annual recertification. This includes interpretation of what is being requested by ISO on the annual
recertification request form submitted by ISO.CONSULT ANT will assist the City in the preparation of
the documentation requested in the recertification form. Once again, CONSULTANT .will act as the
liaison between the City and ISO to resolve any issues that m ay arise during the recertification
process. The primary deliverable for this task will be copies of any correspondence between
CONSULTANT and ISO as well as any revisions to the City's CRS recertification. Due date:
December 31, 2012.
Task 3.0: •Project- Management.
Provide . overall project management for this work order, including but limited to project
coordination, work scheduling,-product review and certification, budget and expenditure management,
invoicing and issue resolution. It is anticipated that up to 10 hours will be dedicated to this task.
Budget.
See exhibit B1 & B2 for proposed budget.
Exhibit A
Agreement for Professional Services AG -C-419
EXHIBIT BI
Cost of Services
Task 1
Staff Classification
$2,117
Task 2
$200
$2,117
Task 3
Senior En • ineer /Scientist II
$682
Reimbursable Ex • enses
$125
$92
$110
TOTAL
$5,008.00
Notes:
1. Hours shown for each task are for estimating purposes.
2. Billing rates are subject to change to reflect periodic adjustments in TtKCM salary levels
3. Invoices will be based on actual hours worked by staff assigned to the project.
4. Estimates based on Labor and attached definitions.
EXHIBIT B2
Rate Table
Tetra Tech /KCM, Inc.
Rate table of Hour Billin ' Rates
Staff Classification
Hourl Rate
Princi • le En • ineer /Scientist
$200
Senior En•ineer /Scientist III
$151
Senior En • ineer /Scientist II
$137
Senior- En • ineer /Scientist I
$125
En•ineer /Scientist III
$110
En•ineer /Scientist II
$100
En • ineer /Scientist I
$80
CAD 0 • erator
$75
Technician /Illustrator /Editor
11I
$85
Technician /Illustrator /Editor II
$65
Administrator III
$72
Administrator II
$69
Exhibit B
Agreement No. AG -C -419
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 (Le.: 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 CONS ULTANT 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 contra ct — 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 15t.
• For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG -C-419
•
:. O •
Task
Amount
Authorized
Prior Invoiced
This Invoice
Total Invoiced
To Date
%
Ex ended
%
Com •leted
Amount
Remainin•
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
City of Auburn
25 West Main
Auburn WA 98001
Attn: Scott-Nutter (Project Engineer)
Agency Agreement #: AG -C -010
SAMPLE INVOICE
Invoice #: 5222
Progress Payment #: 2
Invoice Date: February 10, 2002
Project Name: Thomas Nelson Farm
Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel
Hours
Hourl Rate
.Amount
Mike Jones, Princi•al in Char•e
1
$ 125.00
$ 125.00
Carla Maker, Architect
5
$ 72:00
$ 144.00
Joe Smith, Word Processin•
10
$ 48.00
$ - 480.00 '
Consultant Personnel Subtotal
2
$ 50.00
$ 749.00
Ex • enses see attached documentation
Char. es
Multi • lier
Amount
Mike Jones, Princi•al in Char•e' -
20 miles
x1.1
$ 7.59
Carla Maker, Architect
$ 30.00
x1.1
$ 33.00
Joe Smith, Word Processin•
$ 29.00
x1.1
$ 31.90
Consultant Ex • enses Subtotal
2
$ 50.00
$ 72.49
Consultant Total:
SUB CONSULTANTS (see attached documentation)
$ 821.49
Subconsultant
Hours
Hourl Rate
Amount
ABC Environmental, Inc., Civil En•ineer
10
$ 100.00
$ 1,000.00
Electrical Consultin • , Electrical En • ineer
5
$ 100.00
500.00
Mechanical Solutions, Mechanical Engineer
10
$ 100.00
MRF 1,000.00
Moving Com•an , Movin• Consultant
2
$ 50.00
100.00
Subconsultant Subtotal
$ 2,600.00
Subtotal x 1.1 Multi • lier
$ 2,860.00
Subconsultant Total: $ 2,860,00
TOTAL DUE THIS INVOICE $ 3,681.49
Note: MRF = Management Reserve Fund
* Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG -C-419