HomeMy WebLinkAboutAG-C-441 David Evans & Associates, Inc. AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-441
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 AND ASSOCIATES, INC., whose address is 3700
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
April 1, 2014.
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.
A lump sum payment of$17,870.00 shall be due to the CONSULTANT upon
completion and CITY approval of the identified project scope.
Agreement for Professional Services AG-C-441
November 19, 2013
Page 1 of 14
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 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, 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.
Agreement for Professional Services AG-C-441
November 19, 2013
Page 2 of 14
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. It is further
specifically and expressly understood that the indemnification provided herein
constitutes the CONSULTANT'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.
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.
Agreement for Professional Services AG-C-441
November 19, 2013
Page 3 of 14
•
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 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 Agreement 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 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
b. 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, with limits
no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
The CITY shall be.included as an additional 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.
Agreement for Professional Services AG-C-441
November 19, 2013
Page 4 of 14
c. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington. If the consultant is a sole proprietor, the
parties agree that Industrial Insurance would be required if the
CONSULTANT had employees. However, the parties agree that a
CONSULTANT who has no employees would not be required to have
Worker's Compensation coverage.
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.
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
Agreement for Professional Services AG-C-441
November 19, 2013
Page 5 of 14
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 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.
Agreement for Professional Services AG-C-441
November 19, 2013
Page 6 of 14
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, 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.
Agreement for Professional Services AG-C-441
November 19, 2013
Page 7 of 14
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 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.
Agreement for Professional Services AG-C441
November 19, 2013
Page 8of14
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 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 David Evans and Associates, Inc.
Attn: Bob Burton Attn: Sean Douthett, P.L.S.
25 W Main Street 3700 Pacific Hwy East, Suite 311
Auburn WA 98001 Tacoma, WA 98424-1162
Phone: 253.804.5066 Phone: 253.922.9780
Fax: 253. 931-3053 Fax: 253.922.9781
E-mail: Rburton @auburnwa.gov E-mail: smd @deainc.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
Agreement for Professional Services AG-C-441
November 19, 2013
Page 9 of 14
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-441
November 19, 2013
Page 10 of 14
CI O .�tiiiiil }2N
c/
Peter B. Lewis, Mayor
Date NOv 2 5'2013
ATTEST:
6<a �i, � l �
nielle E. Daskam, City Clerk
APPROVED AS TO FORM:
£413
0 .niel B. Nei., ityAt 'rne
DAVID EVANS AND ASSOCIATES, INC.
BY: —At
Title: ,sscc,grC. Q
Federal Tax ID #93---() ‘P(.0 // /S
Agreement for Professional Services AG-C-441
November 19, 2013
Page 11 of 14
ATTACHMENT A
SCOPE OF SERVICES
WHITE RIVER HYDROGRAPHIC SURVEY
The following items describe the Scope of Services that DEA shall perform for CLIENT under this
Agreement.
PROJECT DESCRIPTION
DEA will perform a Hydrographic Survey of the bottom of the White 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. DEA will utilize a remote controlled survey platform equipped with a precision grade survey single
beam sonar and RTK GNSS as a primary acquisition system (Figure 1.) to map the bottom of the river
from as close to shore on either side as the vessel can maneuver. Wading topographic shots will be
acquired to extend the section to edge of water. As a backup method, a tethered boat with single beam
sonar, controlled use a laser range-azimuth positioning system will be used. DEA will gather bottom of
river elevations at the thirteen required cross section locations from the south edge of water to the north
edge of water.
- a
- may• . . -
Figure 1. DEA Custom Remote Controlled Survey Boat
Horizontal and Vertical Datums will be based on control points and values provided by the CITY. The
CITY will recover and flag the site control prior to DEA's work.
DELIVERABLES
X,Y,Z coordinate file of the elevations collected on the bottom of the river at the thirteen cross section
locations, and up to five copies of the report documenting the procedures used to perform the survey will
be provided.
SCHEDULE
DEA is prepared to begin work within two weeks of written notice to proceed. DEA anticipates completing
the work in the month of November. DEA cannot be responsible for delays beyond DEA's control.
FEES
DEA propose to perform the work on a time and materials basis with a not to exceed amount of
$13,970.00.
Rev.5/00 River Hydro Survey ScopeEst.docx
Page 1 of 2 11/19/2013
WHITE RIVER UPLAND SURVEY
The following items describe the Scope of Services that DEA shall perform for CLIENT under this
Agreement.
PROJECT DESCRIPTION
DEA will perform an uplands survey of the banks of the White 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. DEA
will utilize conventional survey methods to map the river banks from the top of the river bank to edge of
water. DEA will gather river bank elevations at the thirteen required cross section locations from the edge
of water to the top of bank on both sides of the river.
Horizontal and Vertical Datums will be based on control points and values provided by the CITY.
DELIVERABLES
X,Y,Z coordinate file of the elevations collected on the river bank at the thirteen cross section locations.
SCHEDULE
DEA is prepared to begin work within two weeks of written notice to proceed. DEA anticipates completing
the work in the month of November. DEA cannot be responsible for delays beyond DEA's control.
FEES
DEA propose to perform the work on a time and materials basis with a not to exceed amount of
$3,900.00.
Rev.5/00 River Hydro Survey ScopeEst.docx
Page 2 of 2 11/19/2013
CITY Or
AUBURN Peter B. Lewis, Mayor
WASHINGTON 25 West Maln Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
November 27, 2013
Sean Douthett, P.L.S.
David Evans and Associates
3700 Pacific Highway East, Suite 311
Tacoma, WA 98424-1162
RE: Agreement No. AG-C-441
White River Survey
Notice to Proceed
Dear Mr. Douthett:
The required insurance information has been received. This letter serves as your Notice to Proceed.
As the project manager, I am the designated contact for this agreement and all amendments.
Questions, assignments and coordination shall be routed through me. You can contact me at 253-804-
5066.
Sincerely,
E:).. lath_
Robert Burton
Survey Supervisor
Public Works Department
RB/ad/mh
cc: Dani Daskam, City Clerk
Robert Burton, Survey Supervisor
AG-C-441
AUBURN * MORE THAN YOU IMAGINED ,
CITY OF
AUBURN*
Peter B. Lewis, Mayor
WAS ,
H I NGGT.ONO 25 West Main Street* Auburn WA 98001-4998 * www.auburnwa.gov * 253.931-3000
November 26, 2013
Sean Douthett, P.L.S.
David Evans and Associates
3700 Pacific Highway East, Suite 311
Tacoma, WA 98424-1162
RE: Agreement No. AG-C-441
White River Survey
Agreement Execution
Dear Mr. Douthett:
Enclosed please find an executed copy of the above-referenced Agreement. This letter serves as your
Notice to Proceed. The work authorized under this agreement shall not exceed $17,870.00 and has a
completion date of April 14, 2014.
For the City's tracking and record keeping purposes, please reference AG-C-441 on all
correspondence and related material.
We must receive the certificate(s) of insurance, evidencing your insurance coverage and amendatory
endorsements as required per Section 8 before we can issue a Notice to Proceed. Please send the
certificate(s) to Amanda DeSilver, Contracts Administration Specialist, at the address listed at the top
of this letterhead.
As the project manager, I am the designated contact for this agreement and all amendments.
Questions, assignments and coordination shall be routed through me, You can contact me at 253-804-
5066.
Sincerely,
Robert Burton
Survey Supervisor
Public Works Department
RB/ad/mh
Enclosure
cc: Dani Daskam, City Clerk (letter only)
Robert Burton, Survey Supervisor
AG-C-441
AUBURN * MORE THAN YOU IMAGINED
CITY OF
AUBURN Nancy Backus, Mayor
WAAS H II NGGTTON 25 West Main Street *Auburn WA 98001-4998 * www.auburnwa.yov* 253-931-3000
March 17, 2014
Sean Douthett, P.L.S.
David Evans and Associates
3700 Pacific Highway East, Suite 311
Tacoma, WA 98424-1162
RE: Agreement for Professional Services, AG-C-441
White River Survey
Dear Mr. Douthett:
This letter is to inform you that the above-referenced Agreement for Professional
Services is being closed at this time. Our records indicate that we processed the
final payment for this agreement on February 25, 2014 for invoice #339688 in the
amount of$17,870.00. If you feel that this Agreement for Professional Services
should not be closed, or if there are any outstanding invoices, please inform me
by March 31, 2014,
Thank you for your firm's professional services in work related to the White River
hydrographic survey. If you should have any questions, feel free to give me a call
at 253.804.5066.
Sincerely,
potif 12. g to-L-
Robert Burton
Survey Supervisor
Community Development & Public Works Department
RB/ad/mh
cc: Dani Daskam, City Clerk
AG-C-441
AUBURN * MORE THAN YOU IMAGINED