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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 Agreement for Professional Services (AG-C-296) Page 1 of 11 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 Agreement for Professional Services (AG-C-296) Page 2 of 11 June 2007 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. Agreement for Professional Services (AG-C-296) Page 3 of 11 June 2007 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. Agreement for Professional Services (AG-C-296) Page 4 of 11 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. Agreement for Professional Services (AG-C-296) Page 5 of 11 June 2007 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. Agreement for Professional Services (AG-C-296) Page 6 of 11 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. Agreement for Professional Services (AG-C-296) Page 7 of 11 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. Agreement for Professional Services (AG-C-296) Page 8 of 11 June 2007 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 Agreement for Professional Services (AG-C-296) Page 9 of 11 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. Agreement for Professional Services (AG-C-296) Page 10 of 11 June 2007 CTYOFA _, ~; ~ ~ ---- __- 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) Page 11 of 11 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