HomeMy WebLinkAboutCP1619 Cultural Resources Review l ' 2AGREEMENT FOR PROFESSIONAL SERVICES
CULTURAL RESOURCES REVIEW FOR 104 AVE SE PARK PROJECT
CP1619
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a Municipal Corporation in the State of Washington, hereinafter referred to
as "CITY" and Drayton Archaeology whose address is 1350 Garfield Avenue,
Blaine, WA 98230, 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: Proposal for Cultural Resources Review of the Proposed City of
Auburn 104th Ave SE Park Project, dated January 2, 2019, which is attached hereto and
by this reference made a part of this Agreement.
The CONSULTANT, on a project basis, will perform the work outlined in
Exhibit A associated Cultural Resources Review of the property to meet Washington
State Recreation and Conservation Office grant requirements. Tasks to be completed
include, but are not limited to Background Review, Fieldwork, and Reporting.
2. TERM.
All work under this Agreement shall be completed and invoiced by May 1St, 2020
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
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January 9, 2020
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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 $4,250.00.
Compensation is based on billing rates included in Exhibit A.
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
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under this Agreement. The CONSULTANT shall, without additional compensation,
correct or revise any negligent 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
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
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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.
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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, Professional Liability, and Commercial General
Liability insurance:
a. The CONSULTANT'S insurance coverage shall be primary insurance as
respects the CITY, except for Professional Liability. 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.
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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.
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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;
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(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.
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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 attorney's fees and
expenses and court costs shall be paid to the substantially prevailing party.
Agreement for Professional Services—Cultural Resources Review for 104th Ave SE Park Development
January 9, 2020
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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 consultant representative 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 Drayton Archeology
Attn: Jamie Kelly Attn: Garth Baldwin
25 W Main Street 1350 Garfield Ave
Auburn WA 98001 Blaine, WA 98230
Phone: 253.931.4011 Phone: 206.324.2272
Fax: 253. 931.4005
E-mail: jwkelly@auburnwa.gov E-mail: garth@draytonarchaeology.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.
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13.11. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same • • z- • •t and shall become • - when one or more
counterparts have been signed by each of the parties and delivered to the other party.
CITY OF AUBURN
141
aryl Faber, Parks Director
Date 1/7/9-0d)-0
Drayton Arc • • #.P. .Y
Title: Princi sal D ton Archaeolos
Federal Tax ID# 54-2177657
Agreement for Professional Services—Cultural Resources Review for 104 Ave SE Park Development
January 9, 2020
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EXHIBIT A
PROPOSAL FOR CULTURAL RESOURCES REVIEW FOR PROPOSED CITY OF
AUBURN 104TH AVE. SE PARK PROJECT
Exhibit A
Agreement No. CP1605
DRAYTON ARCHAEOLOGY
January 2,2020
Jamie Kelly
City of Auburn
Parks Planning and Development Manage
Auburn WA
Re: Proposal for a Cultural Resource Review of the Proposed City of Auburn 104th Ave
SE Park Project,Auburn,Washington
Mr. Kelly,
As requested,please find for your review Drayton Archaeology's(Drayton)proposal for providing
a cultural resource review for the proposed park development at the above-noted property. There
are no recorded archaeological or cultural sites at that location, but there is a site in the near
vicinity. The regulatory environment for the project is through Washington Department of
Archaeology and Historic Preservation(DAHP)and the City of Auburn.The intent of the proposed
review would be to locate and assess any potential cultural resources that might complicate the
project.
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Project tasks would include a complete review of the environmental background, field
investigation, and reporting. Our cultural resource review would consist of background review,
field investigation, and preparation of a final report. Drayton's budget assumes the work as z
proposed will require four (4) archaeologists about one (1) day to investigate the property. The
scope and budget prepared assume that no cultural resources will be encountered and the project
would proceed without need for further work. If cultural resources are encountered, additional o
evaluation of the property may be expected under a Phase II DAHP Site Alteration and Excavation
Permit. A comment period will follow the investigation involving the DAHP state archaeologists o
and the appropriate Tribal Historic Preservation Officer(THPO).
Below is a list of tasks recommended necessary for completing the proposed work in accordance
to regulatory mandates.Drayton can initiate work within days of reaching a signed agreement and 0
receiving a notice to proceed.Drayton's final reporting will meet all required regulatory standards.
Proposed Tasks
1. Background Review
Upon receipt of agreement to proceed and signed back-sheet to this proposal,Drayton will:
1.1 Conduct background research using DAHP's WISAARD database and other
relevant records, as needed, pertaining to previously conducted investigations and
previously recorded sites within/near the project area;
1.1.1 Background review will address ethnographic scoping and research into
Tribal affiliations (for use in determining Traditional Cultural Property
likelihood);
1.2 Generate maps for the review;
PO Box 782- Blaine,WA 98231-0782-www.draytonarchaeology.com
1.3 Compose narratives based on review of previously recorded sites to inform survey
methods and provide context for consultation and reporting; and,
1.4 Tabulate previously conducted archaeological surveys and recorded sites within a
0.25 to one-mile radius based on background review for consultation and reporting.
2 Fieldwork Methodology
Depending on the location and situation with soils and apparent surface alterations,
professional judgment will inform the location of shovel probes, while a visual
reconnaissance will evaluate exposed soils and surfaces for identifiable cultural materials.
Drayton will inspect the undeveloped areas of the project area to determine the presence or
absence of archaeological materials using the following methods:
2.1 Conduct a pedestrian survey, inspecting the property to identify surface visible
traces of cultural/archaeological material;
2.2 Observe exposed soils on ground surface, animal burrows, cut-banks, and along
the edges of adjacent properties for cultural materials;
2.3 Excavate shovel probes with standard shovel to sterile soils (as accessible);
2.3.1 Backfill soils at every test location as necessary;
2.4 Screen soils through standard 'A" steel mesh mounted on standing rockers;
2.5 Observe(and note)soils, geologic inclusions/biologic intrusions,and any cultural
materials, and activities in field journals;
2.6 Record spatial data by hand-drawn mapping and with handheld GPS devices, the
locations of shovel probes, cultural resources, utilities, and areas of concern or
interest; and,
2.7 Photograph the area, along with any exposed soils as needed and any cultural
materials observed during the review.
3 Reporting
Upon completion of the cultural resource review,Drayton will:
3.1 Draft a report detailing background review, field methodology, fieldwork results,
and provide recommendations;
3.2 Provide the draft for your review;
3.3 Upon your approval, submit the report disseminating the results for all agencies
and concerned parties for official review; and
3.4 Provide a period for comments to inform the final reporting.
4 Considerations Not Budgeted
Any additionally ordered work is beyond the scope of this proposal. Other considerations:
4.1 The proposal assumes that no archaeological, historic, or cultural items, sites,
deposits,or structures will be located nor will formal recording and the submission
of mandatory documentation (e.g. archaeological site, historic property, tribal
cultural property, and other required forms) be required;
Drayton Archaeology Proposal:Loves/Grandview 2
4.1.1 Additional costs are incurred when these items require recording in order to
complete compliance regulations and mandates at any level;
4.2 Any additional consultation or work ordered or required by DAHP,the City,or any
Tribal Agency is beyond the scope of this proposal; and,
4.3 Encountering any Human Remains, graves, or burial offerings would require
consultation,recording,mitigation,and expenses that are not budgeted for here and
do present a situation where there are legally mandated actions and treatments
pursuant to state law. Any costs to meet legal liabilities can be mitigated, but not
wholly avoided.Additional costs associated with encountering human remains are
the responsibility of the property owner(s)and permit holder(s).
Drayton will provide a digital copy of all required documentation for your use and transfer, or by
Drayton at your behest to all concerned parties. We are able to conduct this work within a few
days beginning at your approval.The present proposal is valid until January 16,2020. If you have
any questions please feel free to call or email me for clarification.
My thanks for this opportunity,
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Garth L. Baldwin, M.A., RPA 16248
Principal Investigator,Drayton Archaeology
Drayton Archaeology Proposal:Loves/Grandview 3
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Task Descriptions. Principal Senior Field Arch Arch • Admin Expenses I1ouiss, Totals
Arch .; 1irecto'r.•. Tech III 'Tech I
Background 2 0 1 4 1 1 $0.00 9 $699.21
Review,Project
,re
Fieldwork 0 0 10 0 30 0 $155.25 40 $2,178.05
Reporting/IIPIs 3 0 6 12 2 1 $0.00 18 $1,383.58
Expenses:$155.25
Mileage:270@ 0.575/mi:155.25
Total Labor Hours 5 0 17 16 32 2 -_-
Rates $152.20 $93.23 $62.58 $56,68 $43.98 $34.66 -_-
Subtotals $474.86 $0.00 $1,106.33 $943.07 $1,509.22 $69.33 $155.25 71 $4,260.83
*Not to Exceed Total $4,250,00:
*The above budget does not include costs associated with additional consultation, reporting or mitigation in the event that
archaeological materials are located and any mandated construction monitoring as a result.
**Note:A fee of 10%may be applied to the Total Due amount of the invoice if not paid after 30-days. v
,9-
Acceptance
Acceptance of Terms(Printed Name): -\)(1-.1(\i . Fes.4}- + d
Signature in Acceptanems. ) (date) 1/81 02 002 0
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