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HomeMy WebLinkAboutAG-C-456 Parametrix, IncA 3 -ILO 9 AGREEMENT FOR PROFESSIONAL SERVICES AG -C -456 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 Parametrix, Inc. whose address is 1019 391h Avenue SE, Suite 100, Puyallup, WA 98374, 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 December 31, 2014 and can be amended by both parties for succeeding years. 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. The total compensation for this Agreement shall not exceed $24,500.00 and shall be paid per rates in the fee schedule as shown on Exhibit B, which is attached hereto and by this reference made a part of this 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 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 contract 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 that are a result of the CONSULTANT's negligence. The CONSULTANT shall perform its services to conform to generally- accepted professional survey 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 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 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 the CONSULTANT and the City, its officers, officials, employees, and volunteers, the CONSULTANT's liability hereunder shall be only to the extent of the CONSULTANT's negligence. 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 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. 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 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 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, sexual orientation, 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. 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. 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. 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 David Ironmonger 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: Seth Wickstrom 25 W Main Street Auburn WA 98001 Phone: 253.804.5034 E -mail: swickstrom(a)auburnwa.gov Parametrix Attn: David Ironmonger 1019 391h Ave SE, Suite 100 Puyallup, WA 98374 Phone. 253.604 6600 E -mail: Dlronmonger(d)parametrix.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 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 ATTEST- Danielle E. Das a CITY OF AUBURN CL kvj Nancy BqAwC Mayor 1 Date i0 • %g • l4 Parametrix, Inc. Title: Saryea IVIY17ager Federal Tax ID # 91- 0914810 OL �tAlfir Parametrix ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES Exhibit A Scope of Services City of Auburn AWS Flooding Project (17th Street SE) Work Element 1 — Topographic Mapping This scope of services and cost estimate is for topographic mapping along 17th Street SE. The mapping will begin on the westerly right -of -way of "A" Street SE and continue easterly along 17th Street SE to a point 50 feet easterly of the projected east right -of -way line of "K" Street SE. All abutting streets will be mapped to a point 50 feet beyond the curb return, or 100 feet beyond the intersection. Mapping will include existing conditions and improvements within 17th Street SE lying between the back of sidewalks on the north and south sides. If accessible, storm and sanitary sewer structures will be opened and measurements made to identify size, type, and invert elevation of all visible pipes. Underground utilities will be mapped if tone marks are provided or exist; all other underground utilities will be based upon maps provided by the City of Auburn (City). In addition to the mapping of 17th Street SE, Parametrix surveyors will map an existing storm pond lying west of "A" Street SE, north of 17th Street SE, and within BNSF TPN 242104 -9037 Storm structures in and around the pond, including one downstream structure, will be open and measurements made to identify size, type, and invert elevation of all visible pipes. Assumptions • The marking of underground utilities will be coordinated through the City and supplemented with the City ISIS mapping and as -built plans. The marking of utilities will be completed prior to commencing mapping work. Information provided from previous surveys will be based upon City of Auburn Horizontal and Vertical datum. • Mapping of trees will be limited to 6 Inches or larger when measured at breast height. • Right -of -way and parcel lines are not a part of this scope. • Horizontal datum will be based upon City of Auburn data sheets NAD 83/91 North Zone values. • Vertical datum will be based upon City of Auburn published bench marks identified as NAVD88 elevations. • Once the field data has been processed, it will be inserted into an AutoCAD Release 2012 Civil 3D drawing. • Field work to commence within one week of notice to proceed. Final deliverable within 4 weeks thereafter, subject to City review and comments. • This project is for time and materials not to exceed $24,500.00. Deliverables • An electronic file of the topographic map will be delivered to the City City of Auburn 247- 1931 -827 AWS Flooding Project (17th Street SE) 1 October 2014 Scope of Services Direct Salary Cost (DSC): Classification David Ironmonger, Sr Surveyor Scott Spees, Surveyor III Robert Spiers, Surveyor II Steven Sharpe, CADD Tech Lead Lauretha Ruffin, Sr Tech Aide Marriah Harse, Project Accountant Exhibit B Fee Schedule AWS Flooding Project (17th Street SE) Man Hours = Direct Rate = Cost Billable Rate 16 X $44.07 $705.12 $140.66 100 X $32.50 $3,250.00 $103.73 20 X $26.11 $522.20 $83.34 80 X $33.96 $2,716.80 $108.39 2 X $22.33 $44.66 $71.27 2 X $29 11 $58.22 $92.91 X $0.00 $0.00 X $0.00 $0.00 X $0.00 $0.00 X $0.00 $0.00 X $000 $0.00 X $0.00 $0.00 X $0.00 $0.00 X $0.00 $0.00 X $0.00 $0.00 X $0.00 $0.00 Total DSC = $7,297.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 196.18 %x$ $7,297.00 $14,315.25 Fixed Fee (FF): FF Rate x DSC of Reimbursables: Itemized Total Mileage WA Survey Equipment WA Survey Vehicle 23 %x$ $7,297.00 $1,678.31 $1,218.00 550 mi @ 0.56 /mi $308.00 10 days @ $66 /day $660.00 10 days @ $25 /day $250.00 Grand Total $24,508.56 i 3.1 (0.9 AMENDMENT #1 TO AGREEMENT NO. AG -C -456 BETWEEN THE CITY OF AUBURN AND PARAMETRIX, INC. RELATING TO PROJECT NO. CP1202, AUBURN WAY SOUTH FLOODING INPROVEMENTS THIS AMENDMENT is made and entered into this day of Al' , 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY "), and PARAMETRIX, INC. (hereinafter referred to as the "CONSULTANT'), as an Amendment to the Agreement between the parties for AG -C-456 executed on the 29th day of October 2014. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2015. 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 -456 executed on the 29`" day of October 2014 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 I7TRMT' ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) Amendment No. 1 for Agreement No. AG -C -456 Parametrix, Inc. Page 1 of 1 CITY OF AUBURN Nancy Ba I s,, ,Mayor ATTEST: Da elle E. Daskam, Auburn City Clerk 11' r awlsahl, CITY OF _ - Atj- - t1 �T Nancy Backus, Mayor ' W ASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 December 9, 2014 David Ironmonger Parametrix, Inc. 1019 39th Ave SE, Suite 100 Puyallup, WA 98374 RE: Amendment No. 1 to Agreement for Professional Services, AG-C-456 Project No. CP1202, Auburn Way South Flooding Improvements Dear Mr. Ironmonger: Enclosed please find an executed original of the above-referenced Amendment No. 1. This amendment is for a time extension only and extends the term of the agreement to December 31, 2015. For the City's tracking and record keeping purposes, please reference AG-C-456 and Project No. CP1202 on all correspondence and related material. 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 253-804-5034. Sincerely, Seth Wickstrom, P.E. Project Engineer Community Development & Public Works Department SW/ja/mt Enclosure cc: Dani Daskam, City Clerk (copy letter only) AG-C-456 CP1202 (2.20) • AUBURN * MORE THAN YOU IMAGINED AMENDMENT#1 TO AGREEMENT NO. AG-C-456 BETWEEN THE CITY OF AUBURN AND PARAMETRIX, INC. RELATING TO PROJECT NO. CP1202, AUBURN WAY SOUTH FLOODING INPROVEMENTS THIS AMENDMENT is made and entered into this it day of 4 , , 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and PARAMETRIX, INC. (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-456 executed on the 29`"day of October 2014. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2015. 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-456 executed on the 29th day of October 2014 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. ---__,, PARAMETRIX, INC. ., -) CITY OF AUBURN By: �.f' k a..1 • Oat Authorized `signature - Nancy Bac ' ayor 7 ATTEST (Optional): ATTEST: By: /&- Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to fo : I 2. , A �' Attorney for(Other Party) D. 'el B. Heid, AIbur CitySAttorney Amendment No. 1 for Agreement No. AG-C-456 Parametrix, Inc. Page 1 of 1 CITY OF A I � Nancy Backus, Mayor WASHINGTON 25 West Main Street* Auburn WA 98001- 4998 * www.auburnwa.gov * 253- 931 -3000 February 12, 2015 David Ironmonger Parametrix, Inc. 1019 39t" Ave SE, Suite 100 Puyallup, WA 98374 RE: Agreement for Professional Services, AG -C -456 Project No. CP1202, Auburn Way South Flooding Improvements Dear Mr. Ironmonger: 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 January 23, 2015 for invoice #'s 01 -74520 and 01- 74663 in the amount of $19,189.39 and $4,777.01. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by February 20, 2015. Thank you for your firm's professional services in work related to the Auburn Way South Flooding Improvements project. If you should have any questions, feel free to give me a call at 253.804.5034. Sincerely, Seth Wickstrom, P.E. Project Engineer Community Development & Public Works Department SW /ja /mt cc: Dani Daskam, City Clerk AG -C -456 CP1202 (2.20) AUBURN* MORE THAN YOU IMAGINED