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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. Page I of 7 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. Page 2 of 7 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 Page 4 of 7 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 Page 3 of 7 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, Page 5 of 7 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 Page 6 of 7 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. Page 7 of 7