HomeMy WebLinkAboutCasne Engineering AG-C-296
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-296
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 CASNE ENGINEERING, INC. whose address is 10604 NE 38th Place,
Suite 205, Kirkland, WA 98033, 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. The work identified by this Agreement is anticipated
to be completed in the year 2007. This Agreement shall terminate on December 31,
2007, but can be amended by both parties for succeeding years if required to complete
the work.
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 CONSULTANT shall be paid by the CITY for completed services rendered
under the .approved Scope of Work identified in Exhibit A. Such payment shall be full
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June 2007
compensation for work performed or services rendered and for all labor, materials,
supplies, equipment and incidentals necessary to complete the work.
Compensation for work performed shall be based on the Lump Sum Fee
Schedule outlined in Exhibit B of this Agreement. Exhibit B is attached hereto and by
reference made a part of this Agreement.
Compensation shall include all CONSULTANT expenses including, but not
limited to, direct salary, direct non-salary, overhead, mileage, outside
photocopies/printing, transportation by public carrier, outside services, outside materials
and supplies and profit. The CONSULTANT shall be paid by the CITY per Exhibit B
based on percent complete for the overall Scope of Work.
4. SUBCONTRACTING.
The CITY does not allow subcontracts for those items of work necessary for the
completion of the project.
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. The CONSULTANT shall
perform its services to conform to generally-accepted professional architectural and
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.
Except as otherwise provided herein, neither the CITY'S review, approval or
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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 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; 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 whole or in part
without the written consent of the CITY.
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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 named as an 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.
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June 2007
c. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
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.
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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
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.
Reuse by the CITY of any of the drawings, computer disks, documents, records,
books, specifications, reports, estimates, summaries and such other information and
materials on any other unrelated project without the written permission of the
CONSULTANT shall be at the CITY'S sole risk.
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June 2007
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 athree-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 athree-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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June 2007
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 pertormed 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.
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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, 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 Ken Albinger, 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 Public Works
Attn: Gary McConnell
1305 C Street SW
Auburn WA 98001
Phone: (253) 288-3150
Fax: (253) 288-7406
E-mail: gmcconnell@auburnwa.gov
Casne Engineer, Inc.
Attn: Ken Albinger, P.E.
10604 NE 38th PL, Suite 205
Kirkland, WA 98033
Phone: (253) 522-1030
Fax: (253) 828-2622
E-mail: Ken.Albinger@casne.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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June 2007
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.
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June 2007
CTYOFA
_,
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Peter B L ,Mayor
JUL 3 1 2007
Date
ATTEST:
Danielle E. Daskam, City Clerk
APPRQVED P SAO FO
eid;
Casne Engineering, Inc.
BY:
Date U
Federal Tax ID # ~ ~
Agreement for Professional Services (AG-C-296)
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June 2007
EXHIBIT A
Professional Services Agreement AG-C-296
SCOPE OF WORK
During the term of this AGREEMENT, Casne Engineering, Inc. (Consultant) shall perform
professional services for the City of Auburn (City) in connection with the following project:
Gary and team,
Thank you for the invitation to propose on this evaluation of your standby generators. We are
very active in providing standby generation to most of our clients and we are pleased to present
this proposal
Let me start with our draft scope. This detailed review of documents, with discussions on all the
goals for this study will equip us with checklists for inspection of each station so that we
maximize our time in the field. Once we have compiled all the information available we will
evaluate those issues you have identified.
We are including in our scope the 41 stations listed in your revised Spreadsheet dated May
11 to
1. Obtain load information for all genset installations. Obtain the number of pumps, pump
horsepower, peak demand usage and starter type for each motor.
2. Generate one line diagrams by hand sketch for each of 35 stations. Use the existing 6 one
line diagrams. We will review with your staff what loads must operate on the genset. The
collection of load information and one line diagrams is an important task.
3. Meet with City staff to identify all of the goals for this study. Document each goal and
detail the information required for addition to our field check lists.
4. Discuss City standards for utility services and standby power by voltage level and size.
Are there associated procedures for operation of standby generators?
5. Visit each station site with city staff to confirm voltage, identify configuration, transfer
switch arrangement, phasing and grounding.
6. Record the manufacturer, model and configuration of the receptacle and automatic transfer
switch used at each station at the site visit.
7. Determine the City standard for each voltage level, if apparent.
8. Note any code violations from our list of service, transfer switch and generator connection
common problems. Discuss the new NEC code requirements for Legally Required Standby
power systems.
Agreement for Professional Services (AG-C-296)
Exhibit A
Page 1 of 2
June 2007
9. Compile information collected into your existing spreadsheet and build additional
spreadsheets to fully compile your collected information.
10. Evaluation of each genset for its dedicated use, including sizing to start the desired loads,
adequate fuel storage, proper weather ratings, remaining life and use at multiple stations.
11. Evaluate the City's Existing Standards for safety, consistency and operational flexibility.
Suggest improvements to the City's standards.
12. Investigate the issues for reusing existing gensets from two sites at other sites.
13. Discuss use of portables and evaluate how to equip the City's mobile gensets for the best
flexibility. Look at supplementing your present sets with purchases and rentals to obtain
better coverage during major storm events.
14. Discuss your regular testing and maintenance with Pacific Power to see if there are any
improvements that can be made. Look at the options of installed and mobile load banks for
additional load.
15. Document each of the above discussions and send write up for staff review and comment.
Compile into chapters and provide with a Table of Contents and all spreadsheets and
calculations.
16. Meet to discuss comments with City staff. Incorporate changes and issue. We will provide
8 copies of all information that is produced.. We will provide an electronic copy of all
produced information. We will provide one copy of our marked up one line diagrams and
field notes.
Agreement for Professional Services (AG-C-296)
Exhibit A
Page 1 of 2
June 2007
EXHIBIT B
Professional Services Agreement AG-C-296
LUMP SUM FEE SCHEDULE
CHARGES: Charges for employees are determined by the Lump Sum Feed Schedule listed below
and include all costs for direct salary, overhead, mileage, outside photocopies/printing, transportation
by public carrier, outside services, outside materials and supplies and profit.
CASNE ENGINEERING, fNC. FEE ESTIMATE WC?FtKSHEET
EJoctrrca! Enpirreonnq CrmsurJants
Ctier3t Name City of Autwm
- _~.
Project Name Star~iby Gener~ta' lnspe~iarr-8, Evaluatw~
Project Number Pt7727-009
. ___
Aeacripdu~ of
(OBTAIN LOAD INFO FCNt ALL STTES
i
I OBTAIN ONE LINE DIAGRAMS ~
GENERf1TE ON£ L~lE DIAGRAMS Ft~i 35 8TA
'.MEET TO IDENTIFY GOALS & DOCUMENT
~DISGUSS CITY STANDARDS
INSPECT EACH STATION-OPEN 3 PHOTOGRAPH
SKETCH 3 WRITE CAT W€4
41 STA ~ 2 HRS EACH
I
;IDENTIFY CODE VIOLATKNdS
COMPILE tNFOINTO SPEADSHEETS
~EVALLIATE GENSET APPLtCAT1ON '.
C STARTING CALCS, REMAtNINCa LIFE
`: FUEL STORAGE, WEATHER RATINGS
USAGE AT MULTIPLE. STA'riONS
EVALUATE ISSUES FOR TWO GENSET RELOCATIONS
EXISTING STANDARDS RECOMMENDATIONS
DISCUSS USE OF PORTABLES & RENTALS ~
=DISCUSS "TESTING 8 MAINTENANCE
i
;.DOCUMENT INTO REPORT
!MEET d~ INCORPORATE CHANGES
En9hfser
St t6
4 8
4
35 35
8 92
i
~ 4 8
41 41
4 8
4 2tt
$ 1$
2 8
4 8
}} 4 ', 8
12 4
f 5 2
4 4
6 18
8 12
Date O3l13J07
. _.~.~~._......_
File FEES
__ ...
'Tab PAGE 1
THEABOVE RATES & FEES Gt!lOTEB ARE VALIB FOR A f'ERfOB OF 90 BAYS.
8
18
59,178
:5504
58,330
52$52
$1,176
59,758
57,400
52,744
52.SOo
51,148
51,400
51,4{!0
$1.,980
5980
5952
$3,172
53,800
Agreement for Professional Services (AG-C-296)
Exhibit B
Page 1 of 1
June 2007