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RESOLUTION NO. 2 8 6 6
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
4 OF AUBURN, TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY AND I. L. GROSS, STRUCTURAL ENGINEERS, TO
5
PROVIDE WORKING DRAWINGS SHOWING SIMPLE METHODS TO STABILIZE
6 THE STRUCTURE OF HISTORIC BARN AND TOOL SHED AT OLSON CANYON,
IN PREPARATION FOR REROOFING AND RENOVATION.
7
8
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
9
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
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Section !. The Mayor and City Clerk of the City of
11
12 Auburn, Washington, are hereby authorized to execute an
13 Agreement for Professional Services between the City and I. L.
14
GROSS, STRUCTURAL ENGINEERS, to provide working drawings
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showing simple methods to stabilize the structure of historic
16
barn and tool shed at Olson Canyon, in preparation for
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18 reroofing and renovation. A copy of the Agreement is attached
19 hereto, designated as Exhibit "A" and incorporated by
20
reference in this Resolution.
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Section 2. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
23
24 out the directives of this legislation.
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26
Resolution No. 2866
August 7, 1997
Page 1
2 DATED and SIGNED this 18th day of August, 1997.
4 CITY OF AUBURN
5
7
CHARLES A. BOOTH
8 MAYOR
9
ATTEST:
10
11
13
Robin Wohlhueter,
]4 City Clerk
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17 APPROVED AS TO FORM:
18
Michael J. Reynolds,
2] City Attorney
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23
24
25
26
Resolution No. 2866
August 7, 1997
Page 2
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King County, Washington, hereinafier referred to as "CITY" and with
L L. GROSS, STRUCTURAL ENGINEERS, whose address is 207 1/2 First Avenue, South,
Suite 250, Seattle, WA 98104, hereinafier referred to as "CONSULTANT".
In consideration of the covenants and conditions of this Agreement, the parties hereby
agree as follows:
1. SCOPE OF WORK.
Consultant will create working drawings showing simple methods to stabilize
the structure of historic barn and tool shed at Olson Canyon, in preparation for
their reroo~ng and eventual renovation.
2. TERM.
This work shall not exceed 16 hours of consulting time which shall begin
within one week after the City's Notice To Proceed.
3. COMPENSATION.
Shall be compensed at the rate of $85.00 per hour, not to exceed $1,360, plus
applicable taxes, for the total project. Work shall be billed on an hourly basis and
will be reimbursed within 30 days.
4. 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
Agreement for Professional Services
Nay 16, 1997
Page 1 of 11
required. The CONSULTANT shall perform its services to conform to generally accepted
professional architectural and engineering standards and the program 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.
5. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its elected
and appointed officials, employees and agents from any and all claims, demands and/or causes of
action of any kind or character whatsoever arising out of or relating to the CONSULTANT, its
employees, subcontractors or agents for any and all claims by any persons for alleged personal
injury, death or damage to their persons or property to the extent caused by the negligent acts,
errors or omission of the CONSULTANT, its employees, agents, subcontractors or
representatives and arising out of its performance of this Agreement except claims or suits
occasioned by the sole negligence of the City. In the event that any suit or claim for damage,
related to this agreement, caused by said negligent acts, errors or omission is brought against the
CITY, the CONSULTANT shall defend the CITY at its sole cost and expense; provided that the
CITY retains the right to participate in said suit if any principle of governmental or public laws is
involved. And if final judgment be rendered against the CITY or jointly against the CITY and the
CONSULTANT and their respective officers, agents, subcontractors, employees or any of them,
the CONSULTANT agrees to fully satisfy the same and the CONSULTANT shall reimburse the
CITY for any cost and expense which the CITY has incurred as a result of such claim or suit.
The provisions of this section shall survive the expiration or termination of this Agreement.
Agreement for Professionat Services
Nay 16, 1997
Page 2 of 11
6. 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.
7. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
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 the CITY by the
CONSULTANT, its agents, employees or subcontractors, under this Agreement. The
CONSULTANT agrees to provide commercial general liability insurance and shall maintain
liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE
MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide
and maintain professional liability coverage in the minimum liability limits of ONE MII.LION
DOLLARS ($1,000,000) per claim and ONE MII.LION DOLLARS ($1,000,000) 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.
Both 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, caneeled, reduced in coverage or
Agreement for Professional Services
Hay 16, 1997
in limits except at~er thirty (30) days prior written notice by certified mail return receipt requested
has been given to the CITY. The CONSULTANT agrees to provide copies of the certificates of
insurance to the CITY specifying the coverage required by this section at the time that this
Agreement takes effect. The CITY reserves the right to require that complete, certified copies of
all required insurance policies be submitted to the CITY at any time.
8. 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.
9. 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 three (3) years following the date that this Agreement is expired or otherwise
terminated. The CONSULTANT ~arther 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 three (3) 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 discs, documents, records,
books, specifications, reports, estimates, summaries and such other information and materials on
Agreement for Professional Services
Nay 16, 1997
extensions of this project or any other project without the written permission of the
CONSULTANT shall be at the CITY'S sole risk and the CITY agrees to defend, indemnify and
hold harmless the CONSULTANT from all claims, damage and expenses including attorney's fees
arising out of such unauthorized reuse of the CONSULTANTS drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such other
information and materials by the CITY, it's officials, employees or agents.
10. 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 (unless the notice directs otherwise), 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.
11. GENERAL PROVISIONS.
11.1. 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.
11.2. 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.
Agreement for Professional Services
May 15, 1~7
11.3. 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.
11.4. 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 mended only by written instrument signed by both
the CITY and the CONSULTANT.
11.5. 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.
11.6. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
11.7. If any provision of this agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Agreement for Professional Services
Nay 16, 1997
CITY OF AUBURN
Charles A. Booth, Mayor
Date
ATTEST:
Robin Wohlhueter, City Clerk
LL. Gross, Structural Engineers
Ira L. Gross, P.E.
Print or Type Name
TITLE:
Address 2017 1/2 First Avenue South,
Address Seattle, Washington Q8104
Phone 206- 623-0769
Fax # 206-623-9081
[ederal Tax E) # 91-1544222
Agreement for Professionat Services
Hay 16, 1997
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that
, is the person(s) who appeared before me, and said person(s)
acknowledged the hashe/they signed this instrument, on oath stated that he/she/they was/were
autho~z~ to execute the instrument and acknowledged it as
the Ot6tA/E'~ , of
Z'Z de,~f-.c gr, ft} tr/;~9/.. ai~JC../NF---d~orporation, sole proprietorship, partnership,
L.L.C., or individual), to be the flee and voluntary act of such party for the uses and purposes
mentioned in this instrument.
Dated ¥-,~0- 9/
Agreement for Professional Services
Nay 16, 1997
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Charles A. Booth and Robin Wohlhueter
were the persons who appeared before me, and said persons acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledged
it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary
~ ~%$1111111#1
Notary Public in and for the State of Washington
~t~ * ..... ~;7-,'~oo~, My appointment expires /19 - Q- ~ '~
:, .: -,- i
REF. H:XFORMS~cE054 (revised 12/96)
Agreement for Professionat Services
Hay 16, 1997