HomeMy WebLinkAboutAG-C-454 Parametrix, IncAGREEMENT FOR PROFESSIONAL SERVICES
AG -C -454
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, 2015 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 $23,687.30 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: Jacob Sweeting
25 W Main Street
Auburn WA 98001
Phone: 253.804.3118
E -mail: jsweeting(a)auburnwa.gov
Parametrix
Attn: David Ironmonger
1019 39th Ave SE, Suite 100
Puyallup, WA 98374
Phone: 253.604.6600
E -mail: Dlronmonger(@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:
• L406� C�
Dan Ile E. Daskam, City Clerk
APPROVED AS TO FORM:
rn
CITY OF AUBURN
ancy Ba < sfmayor
Date • 2.5 '
Parametrix, Inc.
BY: n
Title: J u ryeq Holy qi er
4 7u—
Federal Tax ID #91-0914810
Parametrix
ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES
Exhibit A
Scope of Work
City of Auburn
Les Gove Park Survey
INTRODUCTION
This scope of work is for boundary and topographic mapping at the City of Auburn Les Cove Park. This project
includes the resolution and staking of a portion of the park boundaries, topographic mapping for the expansion of
the Recreation Building, and legal descriptions and exhibit maps for right -of -way dedication.
Task 1 — Boundary Survey
Parametrix surveyors will perform a boundary survey over a portion of Les Cove Park as identified on the
enclosed PDF map prepared by the City of Auburn. The survey will search and recover controlling monuments,
resolve the boundary, and identify (if any) encroachments lying onto or extending off of the subject property. A
total of seven (7) property corners will be set or recovered at positions shown on said enclosed map. Parametrix
will prepare a Record of Survey (ROS) drawing for review by the City. Once approved, the ROS will be filed at King
County Records Office, and a copy of the recorded document will be delivered to the City. In addition to staking
the boundary, Parametrix will review a City - supplied title report to identify encumbrances of record and show
graphically, or by note, on the ROS the location and recording number of the encumbrances.
Task 2 — Topographic Mapping
Parametrix surveyors will prepare a topographic map of the area as depicted on the aforementioned PDF map.
Using survey control established for the boundary survey and vertical control provided by the City, survey crews
will map existing conditions and improvements including but not limited to sidewalks, curbs, signs, fences, parking
lots and stalls, building corners and angle points, patios, courtyards, visible utilities, and individual trees 6 inches
or larger (smaller trees will be considered landscaping and identified as such). Ground shots will be gathered at
sufficient intervals to generate 1- foot contours. Storm and sanitary structures, if accessible, will be opened and
measurements made to identify type, size, and invert elevation. The drawing will be prepared in AutoCAD Civil 3D
2014, with annotation and symbols scaled to 1" - 20' including boundary and easements as defined in Task 1.
Task 3 — Road Dedications
Legal descriptions and exhibit maps will be prepared for use in dedicating right -of -way for 8th Street SE and
9th Street SE.
Deliverables
• Record of Survey map for review by City. Copy of recorded survey once completed.
• AutoCAD drawing in both electronic and hard copy format at 1" = 20' of topographic mapping as
described in Task 2.
• Legal descriptions and exhibit maps for right -of -way dedication for 8th Street SE and 9th Street SE.
City of Auburn 247- 1931 -827
Les Gove Park Survey 1 October 2014
Scope of Work
SCOPE OF WORK (co
Assumptions
• The marking of underground utilities will be coordinated through the City and supplemented with the City
GIS mapping and as -built plans. The marking of utilities will be completed prior to commencing mapping
work.
• Mapping of trees will be limited to 6 inches or larger when measured at breast height.
• Parametrix will provide legal description and exhibit maps to accompany dedication deeds. All other
supporting documents will be the responsibility of the City.
• Horizontal Datum — NAD 83/91 North Zone, per City of Auburn survey control network.
• Vertical Datum — NAVD 88, per City of Auburn survey control network.
• Field work to commence within 1 week of notice to proceed. Final deliverable within 4 weeks thereafter,
subject to City review and comments.
City of Auburn 247 - 1931 -827
Les Gove Park Survey 2 October 2014
Scope of Work
Direct Salary Cost (DSC):
Classification
David Ironmonger, Sr Surveyor
Scott Spees, Surveyor III
Robert Spiers, Surveyor It
Steven Sharpe, CADD Tech Lead
Lauretha Ruffin, Sr Tech Aide
Marriah Harse, Project Accountant
Exhibit B
Fee Schedule
Les Gove Park Survey
Man Hours =
21 X
68 X
58 x
72 X
2 x
2 X
X
X
X
X
X
X
X
X
X
X
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 196.18
Fixed Fee (FF):
FF Rate x DSC of
Reimbursables:
Itemized Total
Mileage
WA Survey Equipment
WA Survey Vehicle
King County Auditor
Direct Rate = Cost
$44.07 $925.47
i3z.iu
$26.11
$33.96
$22.33
$29.11
Total DSC
%x$ $7,197.85
$2,210.00
$1,514.38
$2,445.12
$44.66
$58.22
$0.00
$0.00
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
$0.00
$0.00
_ $7,197.85
$14,120.74
23 %x$ $7,197.85 $1,655.51
195 mi @ 0.56 /mi $109.20
5 days @ $66 /day $330.00
5 days @ $25 /day $125.00
Cost $149.00
$713.20
Grand Total $23,687.30
Billable Rate
$140.66
$103.73
$83.34
$108.39
$71.27
$92.91
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
- * .
ITY OF - - *
AC *T B Tn �T Nancy Backus, Mayor
WASHINGTON-AS �V 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
January 7, 2016
David Ironmonger
Parametrix, Inc.
1019 39th Avenue SE, Suite 100
Puyallup, WA 98374
RE: Agreement for Professional Services, AG-C-454
CP1412: Les Gove Youth and Community Center-Survey
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 May 22, 2015, for invoice #01-75261 in the amount of $281.35. If you
feel that this Agreement for Professional Services should not be closed, or if there are
any outstanding invoices, please inform me by January 15, 2016.
Thank you for your firm's professional services in work related to the Les Gove Youth and
Community Center project. If you should have any questions, feel free to give me a call at
253.804.3118.
S4-
Jacob
Swee ing, P.E.
Assistant City Engineer
Community Development & Public Works Department
JS/ad/as
cc: City Clerk
AG-C-454
CP1412 (2.20)
AUBURN * MORE THAN YOU IMAGINED