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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