HomeMy WebLinkAboutAG-C-449 Maul Foster Alongi c
CCTV OF
URN
WASHINGTON
Agreement for Services
No. AG-C-449
This Agreement is by and between Maul Foster Alongi, Inc. ("MFA") and the CITY OF
AUBURN ('CITY"). The parties agree as follows:
1. DESCRIPTION OF SERVICES. MFA agrees to provide consulting services related
to the Mill Creek Ecosystem Restoration Project as set forth in Exhibit "A."
2. PAYMENT. The CITY will pay a fee to MFA for services provided in the not to
exceed amount of $91,250 for services delivered as described in the Scope of Work and
Exhibit `B". MFA shall on a monthly basis submit an invoice for services performed to
CITY with appropriate supporting documentation evidencing type of work performed,
person who performed work, billable hourly rate of the person performing said work and
other direct and indirect expenses. Notwithstanding its rate and payment provisions
contained in its proposal for services, MFA understands and agrees that payments must go
through City Council authorization at a regularly scheduled Council meeting and as such,
payment shall only occur after this authorization has been received.
3. EXPENSE REIMBURSEMENT. MFA shall pay all 'but-of-pocket" expenses, and
shall not be entitled to reimbursement from the CITY except for specific services, items or
activities listed in the Scope of Services as reimbursable goods or services.
4. TERM/TERMINATION.
A. This Agreement is effective upon both party's signature, and expires at 11 :59
p.m. on December 31, 2014 or when all services have been provided, unless extended by
mutual agreement prior to the completion of all services.
B. Either part}' may terminate the Agreement by notifying the other party in writing
within seven (7) days of the intent to terminate. If this Agreement is terminated, CITY
shall pay MFA for all work performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. MFA is an independent contractor with respect to
the City of Auburn, and not an employee of the CITY. The CITY will not provide fringe
benefits, including health insurance benefits, paid vacation, or any other employee benefit,
for the benefit of MFA.
6. EMPLOYEES. The provisions ofthis Agreement shall also bind MFA employees who
perform services for the CITY under this Agreement.
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AUBURN * MORE THAN YOU IMAGINED
7. INDEMNIFICATION/HOLD HARMLESS. MFA shall defend, indemnify and hold the
CITY, its officers, officials, employees and volunteers 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 MFA in performance of this Agreement, except for injuries and damages caused by
the sole negligence of the City
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of MFA and
the City, its officers, officials, employees, and volunteers, MFA's liability hereunder shall
be only to the extent of MFA's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes MFA's waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions
of this section shall survive the expiration or termination of this Agreement.
8. INSURANCE. MFA shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by MFA, its agents,
representatives, or employees.
A. Minimum Scope of Insurance: MFA shall obtain insurance of the types
described below:
1. Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors and personal injury and
advertising injury. The CITY shall be named as an insured under
MIA's Commercial General Liability insurance policy with respect to
the work performed for the CITY
3 Workers' Compensation coverage as required by law.
4 Professional Liability insurance appropriate to MFA's profession. The
City acknowledges that MFA is not required to carry Professional
Liability insurance.
B. Minimum Amounts of Insurance: MFA shall maintain the following
insurance limits:
1. Automobile Liability insurance with a minimum combined single limit
Tor bodily injury and-property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
Tess than $1,000,000 each occurrence, $2,000,000 general aggregate.
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made in writing and is signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and enforceable.
then such provision shall be deemed to be written, construed, and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation of that party's
right to subsequently enforce and compel strict compliance with every provision of this
Agreement.
15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of
Washington. Venue for any court action shall be in King County, Washington.
The undersigned have read the above statements, understand them and agree to
abide by their terms.
Signed: Signed:
Mayor, ' y f Auburn
Date- I 4 Date:
Address: 25 West Main Street Address: 400 East Mill Plain Boulevard
Auburn, WA 98001 Suite 400
Vancouver, WA 98660
Phone: 253-931-3041
Phone: 360-694-2691
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5. Professional Liability The City acknowledges that MFA is not required
to carry Professional Liability insurance.
C. Other Insurance Provisions: The insurance policies are to contain, or be
endorsed to contain, the following provisions for Automobile Liability,
Professional Liability and Commercial General Liability insurance:
1. MFA's insurance coverage shall be primary insurance as respect to the
CITY. Any insurance, self-insurance, or insurance pool coverage
maintained by the CITY shall be excess of MFA's insurance and shall
not contribute with it.
2. MFA's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
CITY.
D. Acceptability of Insurers: Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A: VIL
E. Verification of Coverage: MFA shall furnish CITY with original certificates
and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance
requirements of MFA before commencement of the work.
9. ASSIGNMENT. MFA's obligations under this Agreement may not be assigned or
transferred to any other person; firm, or corporation without the prior written consent of
the CITY.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing
and shall be deemed delivered when delivered in person or deposited in the United States
mail, postage prepaid, addressed as follows:
IF for MFA- IF for the CITY:
Michael Stringer Chris Andersen
Maul Foster Alongi, Inc. Environmental Services Manager
400 East Mill Plain Boulevard City of Auburn
Suite 400 25 West Main Street
Vancouver, WA 98660 Auburn, WA 98001
Such address may be changed from time to time by either party by providing written notice
to the other in the manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties and there are no other promises or conditions in any other agreement whether oral
or written. This Agreement supersedes any prior written or oral agreements between the
parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is
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EXHIBIT A— SCOPE OF WORK
Task 1—LERRD Process
The project area includes 8 tax parcels covering approximately 120 acres of land. The City
currently owns approximately 40 acres in the project area and the remaining land is held by
the Washington State Department of Transportation (WSDOT), King County, and two
private parties. As the local sponsor, the City is responsible for acquiring real property to
allow construction and on-going operation of the project. The land acquisition
requirements are defined by the USAGE Real Estate division and are based on the physical
footprint of the project and work access areas. The policies for LERRD are defined in 49
CFR Part 24 and summarized in the "Non-Federal Sponsor Guide to Land Acquisition".
MFA will support the City in negotiations with these property owners toward obtaining
access agreements or casements, or in acquiring the necessary land for implementation of'
the project. MFA will also assist the City in tracking project costs attributable to property
acquisition to ensure that full credit is received from USACE in calculating local sponsor
match of federal funds.
Incidental expenses incurred by the City related to securing land access, including
consulting services, appraisal, title repots and surveys, are eligible for credit toward the
local project sponsor financial match (Article IV(C)4 of Project Partnership Agreement).
The process for obtaining access agreements will follow federal guidelines and will
include:
• Coordination with USACE real estate specialists to refine and approve scope for
property appraisal, title report, and boundary survey
• Appraisal of property (and/or easement) value
• Obtain title report and boundary survey
• Negotiation of terms and conditions for easement or acquisition
• Executing and recording easement or purchase documents
• Prepare report of negotiations
• Coordinating with city attorney for certification
• Preparing documentation for USACE review and approval
Assumptions:
• For Purposes of Appraisal and Title Report, Contiguous Parcels Under Single
Ownership can be Treated as One Property
• City Will Provide GIS Mapping Support
• City Attorney will Provide Support and Review for Easement or Purchase Documents
• City Will Lead Negotiations with WSDOT and King County
• MFA will Subcontract for Appraisal, Title Report, and Survey
Task 2—Funding Strategy
MFA will research and prepare a recommendation for possible external funding sources to
support project construction. The initial fundraising target is $300,000 to $500,000. These
funding sources may include state and federal grants as well as private foundations,
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corporate donations, and other opportunities. It is anticipated that multiple funding requests
will be made to combine to the funding target.
Assumptions:
• MFA will draft up to three grant applications to be submitted to the appropriate
funding entities.
• The grant application(s) will draw on project documentation developed through the
design process.
Task 3—Technical Review of Design Plans
MFA will provide scientific and engineering peer review of design plans and construction
documents for the habitat restoration project. MFA understands that the USACE is the lead
for project design. City concerns regarding the draft design include flood level rise,
construction costs, and potential conflicts with public utilities. MFA will subcontract as
needed for specialized technical expertise such as hydraulic and hydrologic modeling.
Assumptions:
• Final 95% design report and drawings for the project will be prepared by USACE.
MFA review will focus on flood level rise, constructability, construction cost and long-
term maintenance
Task 4—On-Call Services
The complexity of the Mill Creek Ecosystem Restoration project may require additional
consulting services that at this point are not defined. This task anticipates the need for
future work not defined within this scope. This task would only be executed with prior
written approval by the City that defines specific services and outcomes.
Estimated Budget
Mill Creek Ecosystem Restoration Project
City of Auburn
Task Maul Foster& Alon i, Inc.
Hours Labor Direct Subcontractors Total
1 LERRD Certification 143 $17,800.00 $505.00 $34,500.00 $52,805 00
2 Funding Strategy 90 $9,455.00 $16000 $0.00 $9,615 00
3 Technical Review 56 $7,140.00 $19000 $11,500.00 $18,830.00
4 On Call Services 72 $9,640.00 $360.00 $0.00 $10,000 00
Total Estimated Cost $91,250.0
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EXHIBIT B—SCHEDULE OF CHARGES
PERSONNEL CHARGES
Principal .............................................................................................. $130 —250/hour
Senior ..................................................................................................... $110 - 160/hour
Project ....................................................................................................... $95 - 120/hour
Staff........................................................................................................... $80 - 105/hour
GIS Professional ................................................ ................. ................. $80 - 120/hour
Drafter/CADD Operator ............................................ ........................... $55 - 85/hour
Technical Writer/Editor .................................................. ....................... $50 - 85/hour
Administrative Assistant .......................................... ............................... $50 - 85/hour
Depositions and expert witness testimony, including preparation time, will be charged at
150 percent of the above rates.
Travel time will be charged in accordance with the above rates.
OUTSIDE SERVICES
Charges for outside services, equipment. and facilities not furnished directly by Maul
Foster & Alongi, Inc. will be billed at cost plus 10 percent. Such charges may include, but
shall not be limited to the following:
Printing and photographic reproduction, Rented equipment, Rented vehicles, Shipping
charges, Transportation on public carriers, Meals and lodging, Special fees, permits,
insurance, Consumable materials.
SUBCONTRACTORS
Charges for subcontractors will be billed at cost plus 15 percent.
DIRECT CHARGES
Vehicle per mile ................................................................. $0.75
COMPUTER CHARGES
CADD, ArcGIS .................................................................. $20.00/hour
EQuIS, EVS, Modeling Applications .............................. $30.00/hour
FIELD EQUIPMENT
The rates for field equipment are set forth in the Field Equipment Rate Schedule.
DOCUMENT PRODUCTION
The rates for document production are set forth in the Document Production Rate
Schedule.
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