HomeMy WebLinkAboutBarghausen Consult Eng AG-C-227
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-227
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 with, Barghausen Consulting Engineers, Inc. a corporation, whose
address is 18215 72nd Avenue South, Kent WA 98032, 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, attached and by this reference made 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
November 30, 2004.
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.
Compensation will be on a time and material basis, not to exceed $16,000.00. Costs
will be based on Exhibit S, Fee Schedule, which is attached hereto and by reference
made a part of this Agreement.
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Agreement for Professional Services AG-C-227
February 20,2004
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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 or work shall be authorized in writing under the Management F~eserve
Fund as detailed in Section 4.
4. MANAGEMENT RESERVE FUND.
The CITY may establish a Management Reserve Fund to provide flexibility of
authorizing additional funds to the Agreement for allowable unforeseen cost!l, or
reimbursing the CONSULTANT for additional work beyond that already defined in this
Agreement. Such authorization(s) shall be in writing, prior to the CONSULTANT
expending any effort on such services, and shall not exceed $2,800.00. This fund may
be replenished in a subsequent supplemental agreement. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be negotiated and
approved by the CITY prior to any effort being expended on such services.
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, desi!~ns,
drawings, specifications, reports and other services required. The CONSULTANT shall
perform its services to conform to generally accepted professional engineering
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.
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Agreement for Professional Services AG-C-227
February 20. 2004
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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 opl~rate 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 indemnify and hold the CITY and its officers and
employees harmless from and shall process and defend at its own expense ,all claims,
demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S
negligence or breach of any of its obligations under this Agreement; provided that
nothing herein shall require the CONSULTANT to indemnify the CITY against and hold
harmless the CITY from claims, demands or suits based solely upon the conduct of the
CITY, their agents, officers and employees and provided further that if the claims or
suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S
agents or employees and (b) the CITY, their agents, officers and employees, this
indemnity provision with respect to (1) claims or suits based upon such negligence, (2)
the costs to the CITY of defending such claims and suits, etc. shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of
the CONSULTANT'S agents or employees. 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 wholel or in part
without the written consent of the CITY.
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Agreement for Professional Services AG-C-227
February 20, 2004
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8. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agrelement,
commercial general liability insurance against claims for injuries to persons or damage
to property which may arise from or in conjunction with services provided to tlhe CITY by
the CONSULTANT, its agents, employees or subcontractors, under this Agre'ement.
The CONSULTANT agrees to provide commercial general liability insurance and shall
maintain liability limits of no less then ONE MILLION DOLLARS ($1 ,OOO,OOO) per
occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The
CONSULTANT shall also provide and maintain professional liability coveragEI in the
minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and TWO
MILLION DOLLARS ($2,000,000) aggregate.
The general liability coverage shall also provide that the CITY, its officers,
employees and agents are to be covered as additional insured as respects: Liability
arising out of the services or responsibilities performed by or under obligation of the
CONSULTANT under the terms of this Agreement, by the CONSULTANT, its
employees, agents and subcontractors.
Soth the general liability and professional liability coverage shall provide that the
CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY,
its officials, employees and agents. Any insurance or self insurance maintained by the
CITY, its officials, employees or agents shall be excess to the CONSULTANT'S
insurance and shall not contribute with it. Each insurance policy required by this
section of the Agreement shall be endorsed to state that coverage shall not be
suspended, voided, or canceled except when 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
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Agreement for Professional Services AG-C-227
February 20. 2004
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Washington. The CONSULTANT agrees to provide copies of the certificates of
insurance to the CITY specifying the coverage required by this section within 14 days of
the execution of this Agreement. 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, 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
AUSURN. In addition, the CONSULTANT agrees to maintain all books and I'ecords
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 documEmts held by
the CONSULTANT and relating to this Agreement upon good cause at any fieasonable
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 itElms
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Agreement for Professional Services AG-C-227
February 20, 2004
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specified in this Section and information compiled in providing services to thet CITY
under the terms of this Agreement.
11. CERTIFICATION REGARDING DEBARMENT. SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIOINS.
The prospective primary participant certifies to the best of its knowled!~e 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 c:onvicted 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 c:ommission
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 char~led 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.
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Agreement for Professional Services AG-C-227
February 20, 2004
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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 termina.tion 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, n~ports,
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 dutil~S and
responsibilities.
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Agreement for Professional Servicss AG-C-227
February 20. 2004
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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, reprElsentations
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 Jason Hubbell, 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 Sarghausen Consulting Engineers, Inc.
Attn: Scott Nutter, Project Engineer Attn: Jason Hubbell, PE
25 W Main Street 18215 72nd Ave S
Auburn WA 98001 Kent W A 98032
Phone: 253.804.5068 Phone: 425.251.6222
Fax: 253.931.3053 Fax: 425.251.8782
E-mail: snutter@cLauburn.wa.us E-mail: jhubbell@Sarghausen.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
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Agreement for Professional Services AG-C-227
February 20. 2004
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duly given if mailed by certified mail, return receipt requested, and addressecl 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, eac:h 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.
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Agreement for Professional Services AG-C-227
February 20. 2004
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CITYOi~~~
Peter S Lewis, M~or
Date - 3{ 1> of-
ATTEST:
~
anielle E. Daskam, City Clerk
APPROVED AS TO FORM:
BARGHAUSEN CONSUL liNG ENGINE:ERS, INC.
SY: V-- ,.s-.. fi//~.
Title: /rt:p~ ~/~~
Federal Tax 10 #
H:\CONSUL TANTS\AGREEMENTS\2004\AGC227 AGREEMENT. DOC
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Agreement for Professional Services AG-C-227
February 20. 2004
Page 10 of 10
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EXHIBIT A
SCOPE OF WORK
The consultant will be responsible for preparation of design plans that would show the
design/improvements within and adjacent to the '0' Street right-of-way. The following is
an outline of the consultants proposed scope of work and budgets to complete this
work.
1. Preparation of 'D' Street Road Plans and Construction Documents, for
road improvements and utility replacements along the limits of the new Public
Safety Suilding on 0 Street SE. These documents are to include all utility
locations as they exist based on as-built and survey information, including
any additional surveying within the right-of-way. We will layout and design
the new roadway and proposed utilities configuration to City of Auburn design
standards. In addition, we will provide depths for the proposed utilities within
the 2nd Street right-of-way. Our plans will also include street lighting design
for construction. The necessary construction notes and details willi also be
provided within this plan set. A quantities summary will be provided based on
final proposed improvements. The City will produce the specifications and
cost estimate for bidding purposes. The City anticipates having th'9 plan sets
ready for bidding in June 2004.
SUdg19t: $8,000
2. Preparation of Pavement Design, including pavement section
recommendations prepared by a geotechnical engineer.
Suclget: $600
3. Coordination Meetings and Document Preparation During De!;lgn and
Permitting Phase. This will include approximately four meetings l'or
coordination of design within the '0' Street right-of-way with City of Auburn
staff and other involved entities.
Sudget: Hourly As Required
Not to Exc:eed $1,800
4. Construction Coordination and Administration During Construction of
'D' Street Road Improvements, including up to four site visits and/or
meetings. The City anticipates the improvements being completed by
October 2004.
Sudget: Hourly As Required
Not to Exc:eed $1,600
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5. Reimbursable Expenses. This proposal includes provisions for
miscellaneous overhead and expenses incurred by this office at no cost to
you. This includes long distance telephone calls, photocopies of materials,
and general overhead support. Our special delivery charges, repmgraphic
services, or any fees paid by this office on your behalf would be billed to you
according to the attached Exhibit S Fee Schedule. Administrative support
services are billed on an hourly rate basis according to the attached Exhibit S
Fee Schedule. We consider computer administrative services to be a
reimbursable expense for the purpose of this contract and will charge a fee
equal to three percent (3%) of our professional fees. All reimbursable
expenses will be in addition to the proposed contract fees as outlined above.
Reimbursable fees will be itemized each month and billed as outlined on our
Fee Schedule. All invoices will be due upon receipt.
SUdgl~t: $1,200
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EXHIBIT B
FEE SCHEDULE
Professional Fees Reimbursable EXDenSe!!
Principle Engineer $128.00/Hour Administrative Support Services $30.00/Hour
Senior Project Engineer $100.00/Hour Computer Administration Fee 3%
Project Engineer $92.00/Hour Diskettes $4.00/Each
Design Engineer $80.00/Hour CD-R $8.00/Each
Engineering Technician $66.00/Hour CD-R Labeled $12.00/Each
Senior Project Architect $100.00/Hour CD-R Labeled with Case $16.00/Each
Project Architect $80.00/Hour Zip Disk $10.00/Each
Landscape Architect $74.00/Hour Outside ServiceslSubconsultants Cost + 15%
Senior CADD Technician $74.00/Hour Long Distance Phone Charges At Cost
CADD Technician $68.00/Hour Cellular Phone Charges At Cost
Survey Crew $120.00/Hour Facsimile Transmissions $7.50/Each
Survey Manager $100.00/Hour Courier Services
Professional Land Surveyor $90.00/Hour King County $15.00/Each
Survey Technician $72.00/Hour Pierce County $20.00/Each
Planning Manager $100.00/Hour Snohomish County $30.00/Each
Senior Planner $92.00/Hour Thurston County $30.00/Each
Project Planner $76.00/Hour Vehicle Mileage $0.375/Mile
Assistant Planner $64.00/Hour Reprographic Services
Natural Resource Ecologist $85.00/Hour Bond $0.25/SF
Wetland Ecologist $65.00/Hour Polyester Film $3.00/SF
Construction Coordinator $110.00/Hour Color Bond $2.00/SF
Expert Witness $168.00/Hour Color Presentation $2.00/SF
Transparent Bond $1.10/SF
Color Copy 8 1-2 x 11 $1.75/Each
Color Copy 11 x 17 $2.60/Each
Photocopies $0.10/Page
Page 1 of 1
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CONSULTANT INVOICES
Consultant invoices should contain the following information:
. On consultant letterhead.
. A cover letter stating the status of each task. This should include items completed, percent
completed during the billing period and completion along with funding status.
. Internal invoice number and/or sequential numeric number (i.e.: progress payme,nt # 10).
. Invoice date.
. Period of time invoice covers.
. Consultant Agreement # (i.e.: AG-C-115).
. Project number(s) listed (i.e.: PR562).
. City's project manager listed.
. The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proof) along with type of work done (i.e.: design,
right-of-way, or construction) or task order number.
. Direct salary (base salaries)
. Indirect salary (benefits)
. Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication
fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary
(overhead). The City does not pay for consultant meals unless part of a task requires travel
outside of the greater Seattle, Tacoma, and Everett area. These costs are to be, broken
down and backup information is to be attached to invoice. Project managers an~ to inform
consultants as to what is required for break down information and if backup infolrmation is to
be attached. Break out the same for subconsultant charges.
. Previous and remaining base contract amounts left in each task and total contract - total
authorized amount (bottom line figure). Add amendments to this base contract amount for
total authorized amount.
. Percentage of work completed to date compared to total amount of work (if required by the
project manager).
. Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can ge,t an
amendment in place.
. Invoices for previous year are due by January 15th.
. For granVspecial funded projects there might be other special information needud,
reference the LAG manual.
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SAMPLE INVOICE
City of Auburn Invoice #: 5222
25 West Main Progress Payment #: 2
Auburn W A 98001 Invoice Date: February 10, 2002
Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm
Agency Agreement #: AG-C-010 Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel Hours Hourlv Rate Amount
Mike Jones, Principal in Charge 1 $125.00 $125.00
Carla Maker, Architect 5 $ 72.00 $144.00
Joe Smith, Word processina 10 $ 48.00 $480.00
Consultant Personnel Sub Total: $749.00
Exoenses (see attached documentation) Charaes Multiolier Total
Mileage ($0.345/mile): 20 miles xU $ 7.59
Communications: $30.00 xU $33.00
Printina: $29.00 xU $31.90
Consultant Expenses Sub Total: $72.49
Consultant Total: $821.49
SUB CONSULTANTS
Subconsultant (see attached documentation) Hours Hourlv Rate Amount
ABC ENVIRONMENTAL, INC., Civil Engineer 10 $100.00 $1,000.00
ELECTRICAL CONSULTING, Electrical Engineer 5 $100.00 $ 500.00
MECHANICAL SOLUTIONS, Mechanical Engineer 10 $100.00 $1,000.00 MRF'
MOVING COMPANY. Movina Consultant 2 $100.00 $ 100.00
Subconsultant Sub Total: $2,600.00
x 1.1 Multiplier: $ 260.00
Subconsultant Total: $2,860.00
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CONTRACT BREAKDOWN
Amount Prior This Total Invoiced % % Amount
Task Authorized Invoiced Invoice To Date Expended Completed Remaining
Original
.fontract $22,000.00 $1~025.00 $2,681.49 _____j3, 706.49 ____1.Q"!'o_.___g5% ___ $18.!.g.93.51 _
MRF' $2,500.00 $0.00 $1,000.00 $1,000.00 40% 45% $1 ,500.00
TOTAL $24,500.00 $1,025.00 $3,681.49 $4,706.49 $19,793.51
Note: MRF=Management Reserve Fund
, Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task In the amount
of $2,000.00.
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