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