HomeMy WebLinkAboutBerger Partnership Landscape Architect � �-�*
CITY OF �.r� *
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" WASHINGTON
Agreerirent for Services
This Agreement is made effective as of October 12.2016,by and between BERGER PARTNERSHIP,
LANDSCAPE ARCHITECT("CONSULTANT")and the GITY OF AUBURN("CITY").The partias agree
as follows:
1. DESCRIPTION OF SERVICES. The CONSiILTANT agees to provide the consutting services set forth in
the Scbpe of Work attached hereto as Exhibit A, by thia reference made a part hereof, for the purpose of
conducting professional sbrvices to develop design plans to gµide the development and phasing of park
improvements at Les Gove Yazk.
2. PAYMENT. For aervices delivered under tha Scope of Work, tha CITY agrees to psy the CONSLJLTANT a
total not to exceed a fee of 20 585.00 pursdant to tke project budget (Exhibit A) lnclnsive of exoenses.
Notwithstanding ics rate and payment provisions coatained in its prcjposal for services, the CONSULTANT
understands and agrees that payments must go through City Council aufhorization at a regulazly scheduled
Council meeting and as such,payment shall only occur after thie suthorization has been received.
3. EXPENSE REIMBURSEMEIVT. Tha CONSIJLTANT ehall pay all "out-of-pocket" expenses,and shall not
be enritled to reimbursement from the CITY except for specific services, items or activities listed in the Scope of
Services as reimbursable goods or services.
4. TERM/TERMINATION.
A. This Agreement is effecdve upon both parties' signatures, and expires at 11:59 p.m. on December 31,
2016, or upon compleuon of the CONSULTANT services, whichever is earlier, unless extonded by mutual
agreement prior to the completion of all services.
B. Either party may terminata the Agreement by notifying the other party in writing within seven (7)
days of the intent to terminafe. If thia Agraement is terminated, CITY shall pay the CONSiJLTANT for all work
performed as of the date of termination.
5. REI.ATIONSHIP OF PARTIES. The CONSULTANT is an independent contractor with respect to the City
of Aubum, and not an employee of the C1TY. The CITY will not provide fringe benefits, including health
insurance benefits,paid vacation,or any other employee benefit,for ffie benefit of the CONSULTANT.
6. EMPLOYEES. The provisions of thia Agreement shall also bind the CONSULTANT'S employees who
perform services for the CITY under this Agreement,
7. INDEMNIFICATION/ HOLD HARMLESS. The CONSLJLTANT shall defend, indemnify and hold the
CIT`I', its offcers,officials,employees and volunteers harmless from any and all claims,injuries,damagos, losses
or suits including attorney fees, arising out of or ;esulting from the negligent acts, errois or omissions of the
CONSULTANT in performance of this Agraement, except for injnries and damagea caused by the sole
negligence of the City. The CTfI' shall defend, indemnify and hold the CONSULTANT, its officers, officials,
employaes and volunteers hatmlese from any and all cleims, injuries, damages, losses or suits including attorney
fees, atising out of or resulting from the negligent acfs, errors or omissions of the CITY in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the CONSULTANT. In the event
of liability for damages arising out of bodily injury to petsons or damages to property caused by or resulting from
the concurtent negligence of the CONS[JLTAN'I' and the City, its officeis, officials, employees, and volunjeers,
(collectively the"Parties")the Parties' liability hereunder shall be only to the extent of each Party's negligence. It
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AVBURN * MORE THAN YOU If01AGINED
is fiuther specifically and expressly understood that the indemnificarion provided herein constiyutes the Parties j
waiver of immunity nnder Industrial Insurance, Title 51 RCW, aolely for the purposes of this indemnification.
This waiverhas been mutually negotiated by the Parties. The provisions of this section shall survive the
expiration or terriiinarion of this Ageement.
8. INSURANCE. The CONSiJLTANT shall procqi8 and maintain for the duration of the Agreement, insurance
against c(aims 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,ifs agents,representatives,or employees. ,
A. Minimum Scope of Insurance: The CONSULTANT shall obtain insurance of the types described
below:
1. Automobile Liabilitv insurance covering all dwned, non-owned, hired and leased velricles.
Coverage shall be written on Insurance Secvicas Office (ISO) form CA 00 Ol or a substitute
form providing equivalent liabiliry coverage. If necessary, the policy shall be endorsed to
provide contractuaT liability coverage,
2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 Ol
and shall cover liability arising &om premises, operations, independent contra.ctors and
personal injury and advertising injury. The CITY shall be natried as an addirional insured
undei the CONSULTANT'S Commercial General Liability insurance policy rvith respect to
the work performed for the CITY under this Agreament.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Professional Liabilitv insuranca appropriate to CONSULTANT'S profession.
B. Minimbm Amounts of Insurance: The CONSULTANT shall maintain the following insurance
limits:
1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and
property damage of$1,0.00,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limits no less than $1,000,000
each ocourrence,$2,000,000 general aggregate.
3. Professional Liabiliri insurance shall be written with litnits no less than$1,000,000 per claim
and$1,000,000 policy aggregate limit.
C. Other Insurauce Provisions: The insnranoe policies aze to contain, or be endorsed to cornain, the
following provisions for Aqtomobile Liability agd Commercial General Liability insurance:
1. The CONSULTANT'S insurance coverage shall be primary insurance as respect to the CITI'.
Any insurancb, self-insurance, dr ipsurance pool coverage maintained by the CITI'shall be
excess of CONSTJLTANT'S insurance and sha11 not contribute with it.
2, The CONSiJLTANT'S insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified mail,
return receipt requested,has been givep fo the CITY.
D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A: VII.
�. Verification oT Coverage: The CONSiJLTANT sha11 furnish CITY with original certificates and a
copy of the amendatory endorsements, including but not necessazily limited to the additional insured
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endorsement, evidencing the insurance re:quirements of the CONS[JLTANT before commancement
of the work.
9. ASSIGNMENT. The CONSiJLTANT'S obligations under this Agreement may not be assigned or transferred
to any other person,firm, or corporation without the prior written consent of the CITY.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
delivered when delivered in person or deposited in the United Sfates mail,postage prepaid,addressed as follows:
IF to CONSULTANT: IF to the CI'fY:
Berger Partnership City of Auburn
Attn: Guy Michaelsen Attn: Daryl Fabra
1721 S'h Ave.N. Director of Pazks,Arts and RecreaUon
Seattle,WA 98109 City of Auburn
25 W.Main Street
Auburn,WA 98001
Snch address may be changed from time to time by either party by providing wriften notice to the other in the
manner sat forth above,
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no
other promises or conditions in any othet agreement whether oral or written. Tlils Agrcement supersedes any
prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and anforceable. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and
enforceable,then such provision shall be deemed to be wriLten,construed,and enforced as so limited
14. WAIYER OF CONTRACTUAL RIGHT. The failure oF either party to enForce any provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW. This Agreement shall be govemed by ffie laws of the State of Washington. Venue for
any court action shall be in King County,Washington.
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TLe underaigned have read t6e above stauments,uoderstsnd t6em and agree to abfde by their terms. �
CITY OF AUSURN BERG TNERSHIP, �
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g��e�'��� Signed: �
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Date: �dI ��. Date: �
Address: 25 West Main Street Address: 1721 8'"Ave.N. I
Aubum,WA 98001 Seattle,WA 98109 i
Phone: Z53-804-5044 Phone: 206-325-6877 — — �
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