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HomeMy WebLinkAboutDavid Evans & Associates Inc AG-C-279 A~.lb.<) 2006 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-279 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and DAVID EVANS & ASSOCIATES, INC., whose address is 3100 Pacific Highway East, Suite 311, Tacoma, WA 98424-1162, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by August 30, 2006. 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. Agreement for Professional Services AG-C-279 April 26, 2006 Page 1 of 14 3. COMPENSATION. Compensation will be on a time and material basis, not to exceed $91,850.00. Costs will be based on Exhibits Band C, which is attached hereto and by this reference made a part 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 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 expEtnded on such services. 4. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary fOlr 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. Agreement for Professional Services AG-C-279 April 26, 2006 Page 2 of 14 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, dElsigns, 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 engineelring 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 olfficers, officials, volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resultin~1 from the acts, errors or omissions of the CONSULTANT in performance of this Agrel3ment. Agreement for Professional Services AG-C-279 April 26, 2006 Page 3 of 14 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an indElpendent contractor and not the agent or employee of the CITY and that no liability slhall 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 A9Ireement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT'S maintenance of insurance as required by the Agre1ement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 0001 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Agreement for Professional Services AG-C-279 April 26, 2006 Page 4 of 14 b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, opE~rations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general a!~gregate. 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. d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the~ following provisions for 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. Agreement for Professional Services AG-C-279 April 26, 2006 Page 5 of 14 All insurance shall be obtained from an insurance company authoriz1ed 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 requirEld 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. 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 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 Agreement for Professional Services AG-C-279 April 26, 2006 Page 6 of 14 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 tile CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIIONS. 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 contraet 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) terminatHd for cause or default. Agreement for Professional Services AG-C-279 April 26, 2006 Page 7 of 14 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 decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations heredn. 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 Agreement for Professional Services AG-C-279 April 26, 2006 Page 8 of 14 dispute or conflict, the CONSULTANT shall continue to make a good faith Hffort to cooperate and continue work toward successful completion of assigned dul[ies and responsibilities. 13.4. The CITY and the CONSULTANT respectively bind themselvEls, their partners, successors, assigns, and legal representatives to the other party 1to this Agreement with respect to all covenants to this Agreement. 13.5. This Agreement represents the entire and integrated AgreemElnt 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 Sean Douthett, P.L.S., on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Attn: Bob Burton 25 W Main Street Auburn, WA 98001 Phone: 253-804-5066 Fax: 253-288-3143 E-mail: Rburton@auburnwa.gov David Evans & Associates, Inc. Attn: Sean Douthett, P.L.S. 3700 Pacific Hwy East, Suite 311 Tacoma, WA 98424..1162 Phone: 253-922-9780 Fax: 253-922-9781 E-mail: smd@deainc.com Agreement for Professional Services AG-C-279 April 26, 2006 Page 9 of 14 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 depos.ited 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 addressE~d 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 writilng, stating his, her, or its new address, to any other party, all pursuant to the procedurt3 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-279 April 26, 2006 Page 10 of 14 ATTEST: iD~?~t?j~ Danlelle E. Daskam, City Clerk Agreement for Professional Services AG-C-279 April 26, 2006 Page 11 of 14 .-/1 _~ ---:/_"H. C~ ~~ Peter B. Lewis, Mayor JUN 1 2 2006 Date DAVID EVANS & ASSOCIATES, INC. BY:~ ~~~ ~^' ""UI!:7T'- Title: ~c. ASSoe./ArL.. Federal Tax 10 # "' EXHIBIT A SCOPE OF WORK WHITE RIVER HYDROGRAPHIC SURVEY The following items describe the Scope of Services that the CONSULTANT shall perform for the CITY under this Agreement. PROJECT DESCRIPTION CONSULTANT will perform Hydrographic Survey of the bottom of the Whitl3 River, also referred to as the Stuck River, in Auburn. The portion of the river to be surveyed lies between East Valley Highway and 'R' Street SE. CONSULTANT will utilize a 19-foot jet sled with single beam sonar, controlled by RTK GPS methods to map the bottom of the river where the water is sufficiently deep to navigate the sled. CONSUL TAI\JT will gather bottom of river elevations at the twelve required cross section locations. If time permits CONSULTANT will also gather bottom of river elevations throughout the project area. Horizontal and Vertical Datums will be based on control points and values provided by the CITY. DELlVERABLES X,Y,Z coordinate file of the elevations collected on the bottom of the river at the twelve cross section locations, and up to five copies of the report documenting the procedures used to perform the survey will be provided. SCHEDULE CONSULTANT is prepared to begin work within two weeks of written notice to proceed. Upon completion of the field work the deliverables can be provided within two weeks thereafter. Exhibit A Agreement No. AG-C-279 Page 1 of 1 EXHIBIT B FEE SCHEDULE PROFESSIONAL CLASSIFICATION HOURL Y BILLING RATE Regular ADMINISTRATIVE Administrative Assistant (ADMA) $ 75.00 Contract Administrator (CONT) $ 90.00 SURVEYING Survey Manager (SVYM) $ 160.00 Senior Professional Land Surveyor (SPLS) $ 140.00 Professional Land Surveyor (PLSU) $ 113.00 2-Person Survey Crew $ 135.00 3-Person Survey Crew $ 205.00 Project Surveyor (PSVR) $ 99.00 Survey Technician (SVTE) $ 78.00 Party Chief (PCHF) $ 67.50 Instrument Person (INST) $ 67.50 HYDROGRAPHIC Senior Hydrographer (SHYD) $ 150.00 Senior Geophysicist (SGPH) $ 130.00 Hydrographer (HYDR) $ 75.00 Hydrographic Technician (HYDT) $ 66.00 Cartographer (CART) $ 62.00 HYDROGRAPHIC FIELD WORK* Mob/Demob Single-beam per occurrence $ 1,500.00 Single-beam Field Work (10-hr day) $ 3,250.00 Mob/Demob Multi-beam $ 4,000.00 Multi-beam Field Work $ 5,000.00 Exhibit B Agreement No. AG-C-279 Page 1 of 1 EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES . Outside Reproduction Fees . Courier Fees . Subconsultant Fees . Materials and Supplies . Mileage at $0.448/mile or the current approved IRS rate. It is understood that all reimbursements are at cost and will be marked-up 110%. 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-279 Page 1 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 compl1eted, percent completed during the billing period and completion along with funding status. · Internal invoice number and/or sequential numeric number (Le.: progress payment # 10). . Invoice date. . Period of time invoice covers. · Consultant Agreement # (Le.: AG-C-115). . Project number(s) listed (Le.: 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 (Le.: mileage, reproduction fees (Le.: printing, copying), communication fees (Le.: 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) (Le.: a certain task) until we can ~Jet an amendment in place. . Invoices for previous year are due by January 15th. · For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-279 Page 1 of 2 SAMPLE INVOICE City of Auburn 25 West Main Auburn WA 98001 Attn: Scott Nutter (Project Engineer) Agency Agreement #: AG-C-01 0 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 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 Multi Iier x1.1 x1.1 x1.1 Amount $ 7.59 $ 33.00 $ 31.90 $ 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 - -- -. --. -.. -- -- -. -.. -..--- -- .-..-.. - -- - -. -. .-..-- --. .-.. -.. _. -- -- -..-- -- -- --. -.. - -- - - - - - -- ..-- - -. -- -. -.. - - - - - - -.. -.. -. -- -- -.. - --- -- --. -. - - - - - - - -.. -. - - -- -.. - ..--- -- --...- ..- - ---. -..- -. --. - -. -.. - - - - - -- .!.Q!~.~--~.Y.~._T_~~.~..~~Y:Q!'~'~'____"__________"____h____-----------__________..____h___________________h____..______________________.._.~___~-'.~~~~~9.__________ CONTRACT BREAKDOWN Amount Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Comploted 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 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No. AG-C-279 Page 2 of 2 A3..".Q AMENDMENT #1 TO AGREEMENT NO. AG-C-279 BETWEEN THE CITY OF AUBURN AND DAVID EVANS & ASSOCIATES, INC. RELATING TO WHITE RIVER HYDROGRAPHIC SURVEY THIS AMENDMENT is made and entered into this //~ day of ~, 2006, by and between the CITY OF AUBURN, a municipal corporation of the Stat of Washington (hereinafter referred to as the "CITY"), and DAVID EVANS & ASSOCIATES, INC., (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-279 executed on the 12th day of June, 2006. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to September 30, 2006. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-279 executed on the 12'h day of June, 2006, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DAVID EVANS & ASSOCIATES, INC. CITY OF AUBURN ~ o Pete ATTEST: ~~ 'Danielle E. Daskam, Auburn City Clerk By: ~- D~fNL AJ,lthorized signature (~ ~cn-) ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) --------------------------------------------------------------- Amendment No. 1 for Agreement No. AG-C-279 David Evans & Associates Page 1 of 1