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