HomeMy WebLinkAbout2766 4".
1 RESOLUTION NO. 2 7 6 6
2 "4
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
STANDARD CONSULTANT AGREEMENT WITH LANDAU ASSOCIATES, INC FOR
5 GEOTECHNICAL AND ENVIRONMENTAL SERVICES FOR 1996-1997
6
7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
9 Section 1 . The Mayor and City Clerk of the City of
10
Auburn are hereby authorized to execute a Standard Consultant
11
Agreement between the City and LANDAU ASSOCIATES, INC , for
12
13 the purpose of geotechnical and environmental services for
14 1996 and 1997 A copy of said Agreement is attached hereto,
15 designated as Exhibit "A" and incorporated by reference in
16
this Resolution
17
Section 2 . The Mayor is hereby authorized to implement
18
19 such administrative procedures as may be necessary to carry
20 out the directives of this legislation
21
22
23
24
25
26
Resolution No 2766
July 19, 1996
Page 1
4
1 DATED and SIGNED this 5th day of August, 1996
2
3
4 CITY OF AUBURN
5
7
CHARLES A BOOTH
8 MAYOR
9
10 ATTEST
11
12
13 .�j/J�/`�/�UZOu-/r-(.1LLeirelL
Robin Wohlhueter,
14 City Clerk
15
16
17
18 APPROVED AS TO FORM
19 r
Ct1/401,(-
20 ,'
•
21
22 Michael J Reyno ds ,
City Attorney
23
24
25
26
Resolution No 2766
July 19, 1996
Page 2
ORIGINAL
STANDARD CONSULTANT CONSULTANT/ADDRESS/TELEPHONE
STANDARD
Landau Associates,Inc.
AGREEMENT NUMBER 23107 100th Avenue West
FEDERAL AID NO P O.Box 1029
Edmonds,WA 98020-9129
(206)778-0907
LUMP SUM PROJECT TITLE AND WORK DESCRIPTION
On-call geotechnical and environmental investigation and analysis
LUMP SUM AMOUNT$
COST PLUS FIXED FEE DBE PARTICIPATION
OVERHEAD PROGRESS Yes No
PAYMENT RATE %a
OVERHEAD COST METHOD
ACTUAL COST NOT WBE PARTICIPATION
TO EXCEED %a
Yes -No %
FIXED RATE %
FIXED FEE$
SPECIFIC RATES OF PAY FEDERAL ID Do you require a 1099 for IRS?
NO./S.5.N.
NEGOTIATED HOURLY RATE N
91-1273329 YES POJ
PROVISIONAL HOURLY RATE
COMPLETION DATE MAXIMUM AMOUNT PAYABLE
X COST PER UNIT OF WORK_Si /12/31 i97 $
THIS AGREEMENT made and entered into this day of (4/B(2gv`/— MA,, between the Local Agency of
City of Auburn, Washington, hereinafter called the AGENCY" art' the above organization hereinafter called the
"CONSULTANT"
WITNESSETH THAT
WHEREAS, the AGENCY desires to accomplish the above-referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and
desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT and
WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof the parties hereto agree as follows:
Exhibit A, Resolution No 2766
August 5, 1996 Page 1 of 20 Local Agency Guidelines
May 1994
4
Any and all employees,of the CONSULTANT or other
VI persons while engaged in the performance of any work
SUBCONTRACTING or services required of the CONSULTANT under this
AGREEMENT, shall be considered Lmployees of the
The AGENCY permits subcontracts for those items of CONSULTANT only and not of the AGENCY, and
work as shown in Exhibit "G" to this Agreement. any and all claims that may or might arise under any
Workmen's Compensation Act on behalf of said
Compensation for this subconsultant work shall be employees or other persons while so engaged, and any
based on the cost factors shown on Exhibit"G", and all claims made by a third party as a consequence
attached hereto and by this reference made a part of of any act or omission on the part of the
this AGREEMENT CONSULTANT's employees or other persons while
so engaged on any of the work or services provided to
The work of the subconsultant shall not exceed its be rendered herein, shall be the sole obligation and
maximum amount payable unless a prior written responsibility of the CONSULTANT
approval has been issued by the AGENCY
The CONSULTANT shall not engage, on a full or part
All reimbursable direct labor, overhead, direct non- time basis, or other basis, during the period of the
salary costs and fixed fee costs for the subconsultant contract, any professional or technical personnel who
shall be substantiated in the same manner as outlined are, or have been, at any time during the period of the
in Section V All subcontracts exceeding$10,000 in contract, in the employ of the United States
cost shall contain all applicable provisions of this Department of Transportation, the STATE, or the
AGREEMENT AGENCY, except regularly retired employees, without
written consent of the public employer of such person.
The CONSULTANT shall not subcontract for the
performance of any work under this AGREEMENT VIII
without prior written permission of the AGENCY No NONDISCRIMINATION
permission for subcontracting shall create, between the
AGENCY and subcontractor, any contractor or any The CONSULTANT agrees not to discriminate against
other relationship. any client, employee or applicant for employment or
for services because of race, creed, color, national
VII origin, marital status, sex, age or handicap except for a
EMPLOYMENT bona tide occupational qualification with regard to, but
not limited to the following: employment upgrading,
The CONSULTANT warrants that he/she has not demotion or transfer, recruitment or any recruitment
employed or retained any company or person, other advertising, a layoff or terminations, rates of pay or
than a bona fide employee working solely for the other forms of compensation, selection for training,
CONSULTANT, to solicit or secure this contract, and rendition of services. The CONSULTANT
that it has not paid or agreed to pay any company or understands and agrees that if it violates this provision,
person, other than a bona fide employee working this AGREEMENT may be terminated by the
solely for the CONSULTANT, any fee, commission, AGENCY and further that the CONSULTANT shall
percentage, brokerage fee, gift, or any other be barred from performing any services for the
consideration, contingent upon or resulting from the AGENCY now or in the future unless a showing is
award or making of this contract. For breach or made satisfactory to the AGENCY that discriminatory
violation of this warrant, the AGENCY shall have the practices have terminated and that recurrence of such
right to annul this AGREEMENT without liability, or action is unlikely
in its discretion, to deduct from the AGREEMENT
price or consideration or otherwise recover the full During the performance of this AGREEMENT, the
amount of such fee, commission, percentage, CONSULTANT, for itself, its assignees and
brokerage fee, gift, or contingent fee. successors in interest agrees as follows:
Exhibit A, Resolution No..2766
August 5, 1996 Page 3 of 20 Local Agency Guidelines
May 1994
A. COMPLIANCE WITH REGULATIONS. The other sources of information, and its facilities
CONSULTANT shall comply with the as may be determined by the AGENCY to be
Regulations relative to non discrimination in pertinent to ascertain compliance with such
the same manner as in Federal-assisted Regulations or directives. Where;any
programs of the Department of Transportation, information required of the CONSULTANT is
Title 49, Code of Federal Regulations, part 21, in the exclusive possession of another who
as they may be amended from time to time, fails or refuses to furnish this information the
(hereinafter referred to as the Regulations), CONSULTANT shall so certify to the
which are herein incorporated by reference and AGENCY, or the United States Department of
made a part of this AGREEMENT The Transportation as appropriate, and shall set
consultant shall comply with the American forth what efforts it has made to obtain the
Disabilities Act of 1992, as amended. information.
B NONDISCRIMINATION The E. SANCTIONS FOR NONCOMPLIANCE. In
CONSULTANT, with regard to the work the event of the CONSULTANT's
performed by it during the AGREEMENT, noncompliance with the nondiscrimination
shall not discriminate on the grounds of race, provisions of this AGREEMENT, the
creed, color, sex, age, marital status, national AGENCY shall impose such sanctions as it or
origin or handicap except for a bona fide the Federal Highway Administration may
occupational qualification in the selection and determine to be appropriate, including, but not
retention of subconsultants, including limited to:
procurement of materials and leases of
equipment. The CONSULTANT shall not 1 Withholding of payments to the
participate either directly or indirectly in the CONSULTANT under the
discrimination prohibited by Section 21.5 of AGREEMENT until the
the Regulations, including employment CONSULTANT complies, and/or
practices when the contract covers a program
set forth in Appendix II of the Regulations. 2. Cancellation, termination or suspension
of the AGREEMENT, in whole or in
C. SOLICITATIONS FOR part.
SUBCONSULTANTS, INCLUDING
PROCUREMENT OF MATERIALS AND F INCORPORATION OF PROVISIONS. The
EQUIPMENT In all solicitations either by CONSULTANT shall include the provisions
competitive bidding or negotiation made by of paragraphs (A) through (G) in every
the CONSULTANT for work to be performed subcontract, including procurement of
under a subcontract, including procurement of materials and leases of equipment, unless
materials or leases of equipment, each exempt by the Regulations or directives issued
potential subconsultant or supplier shall be pursuant thereto. The CONSULTANT shall
notified by the CONSULTANT of the take such action with respect to any
CONSULTANT's obligations under this subconsultant or procurement as the AGENCY
AGREEMENT and the Regulations relative to or the Federal Highway Administration may
nondiscrimination on the grounds of race, direct as a means of enforcing such provisions,
creed, color, sex, age, marital status, national including sanctions for noncompliance;
origin and handicap. provided, however, that, in the event a
CONSULTANT becomes involved in, or is
D INFORMATION AND REPORTS. The threatened with, litigation with a subconsultant
CONSULTANT shall provide all information or supplier as a result of such direction, the
and reports required by the Regulations, or CONSULTANT may request the AGENCY to
directives issued pursuant thereto, and shall enter into such litigation to protect the interests
permit access to its books, records, accounts, of the AGENCY, and in addition, the
-Exhibit A, Resolution No-2.756
Local Agency Guidelines Page 4 of 20 August 5, 1996
May 1994
CONSULTANT may request the United States circumstances shall payment made under this
to enter into such litigation to protect the subsection exceed the amount which would have been
interests of the United States. made using the formula set forth in the previous
paragraph.
G. UNFAIR EMPLOYMENT PRACTICES. The
CONSULTANT shall comply with RCW If it is determined for any reason that the
49.60.180 and Executive Order number E.0 CONSULTANT was not in default or that the
77-13 of the Governor of the State of CONSULTANT's failure to perform is without it or
Washington which prohibits unfair it's employee's fault or negligence, the termination
employment practices. shall be deemed to be a termination for the
convenience of the AGENCY in accordance with the
IX provision of this AGREEMENT
TERMINATION OF AGREEMENT
In the event of the death of any member, partner or
The right is reserved by the AGENCY to terminate officer of the CONSULTANT or any of its
this AGREEMENT at any time upon ten days written supervisory personnel assigned to the project, or,
notice to the CONSULTANT dissolution of the partnership, termination of the
corporation, or disaffiliation of the principally
In the even this AGREEMENT is terminated by the involved employee, the surviving members of the
AGENCY other than for default on the part of the CONSULTANT hereby agree to complete the work
CONSULTANT, a final payment shall be made to the under the terms of the AGREEMENT, if requested to
CONSULTANT as shown in Exhibit"F" for the type do so by the AGENCY The subsection shall not be a
of AGREEMENT used. bar to renegotiation of the AGREEMENT between the
surviving members of the CONSULTANT and the
No payment shall be made for any work completed AGENCY, if the AGENCY so chooses.
after ten days following receipt by the
CONSULTANT of the Notice to Terminate. If the In the event of the death of any of the parties listed in
accumulated payment made to the CONSULTANT the previous paragraph, should the surviving members
prior to Notice of Termination exceeds the total of the CONSULTANT, with the AGENCY's
amount that would be due computed as set forth herein concurrence, desire to terminate this AGREEMENT,
above, then no final payment shall be due and the payment shall be made as set forth in the second
CONSULTANT shall immediately reimburse the paragraph of this section.
AGENCY for any excess paid.
Payment for any part of the work by the AGENCY
If the services of the CONSULTANT are terminated shall not constitute a waiver by the AGENCY of any
by the AGENCY for default on the part of the remedies of any type it may have against the
CONSULTANT, the above formula for payment shall CONSULTANT for any breach of this AGREEMENT
not apply In such an event, the amount to be paid by the CONSULTANT, or for failure of the
shall be determined by the AGENCY with CONSULTANT to perform work required of it by the
consideration given to the actual costs incurred by the AGENCY Forbearance of any rights under the
CONSULTANT in performing the work to the date of AGREEMENT will not constitute waiver of
termination, the amount of work originally required entitlement to exercise those rights with respect to any
which was satisfactorily completed to date of future act or omission by the CONSULTANT
termination, whether that work is in a form or a type
which is usable to the AGENCY at the time of X
termination, the cost to the AGENCY of employing CHANGES OF WORK
another firm to complete the work required and the
time which may be required to do so, and other factors The CONSULTANT shall make such changes and
which affect the value to the AGENCY of the work revisions in the complete work of this AGREEMENT
performed at the time of termination. Under no as necessary to correct errors appearing therein, when
Exhibit A, Resolution No 2766' Page 5 of 20 Local Agency Guidelines
August 5, 1996 May 1994
required to do so by the AGENCY, without additional AGREEMENT shall be interpreted and construed in
compensation thereof. Should the AGENCY find it accord with the laws of Washington.
desirable for its own purposes to have previously
satisfactorily completed work or parts thereof changed The CONSULTANT shall indemnify anti hold the
or revised, the CONSULTANT shall make such AGENCY and the STATE, and their officers and
revision as directed by the AGENCY This work shall employees harmless from and shall process and defend
be considered as Extra Work and will be paid for as at its own expense all claims, demands, or suits at law
herein provided under Section XIV or equity arising in whole or in part from the
CONSULTANT's negligence or breach of any of its
XI obligations under this AGREEMENT, provided that
DISPUTES nothing herein shall require a CONSULTANT to
indemnify the AGENCY and the STATE against and
Any dispute concerning questions of fact in hold harmless the AGENCY and the STATE from
connection with the work not disposed of by claims, demands or suits based solely upon the
AGREEMENT between the CONSULTANT and the conduct of the AGENCY and the STATE, their
AGENCY shall be referred for determination to the agents, officers and employees and provided further
Director of Public Works or AGENCY Engineer, that if the claims or suits are caused by or result from
whose decision in the matter shall be final and binding the concurrent negligence of(a) the CONSULTANT's
on the parties of this AGREEMENT, provided agents or employees and (b) the AGENCY and the
however, that if an action is brought challenging the STATE, their agents, officers and employees, this
Director of Public Works or AGENCY Engineer's indemnity provision with respect to (1) claims or suits
decision, that decision shall be subject to de novo based upon such negligence, (2) the costs to the
judicial review AGENCY and the STATE of defending such claims
and suits, etc. shall be valid and enforceable only to
XII the extent of the CONSULTANT's negligence or the
VENUE, APPLICABLE LAW AND PERSONAL negligence of the CONSULTANT's agents or
JURISDICTION employees.
In the event that either party deems it necessary to The CONSULTANT's relation to the AGENCY shall
institute legal action or proceeding to enforce any right be at all times as an independent contractor
or obligation under this AGREEMENT, the parties
hereto agree that any such action shall be initiated in The CONSULTANT specifically assumes potential
the Superior court of the State of Washington, situated liability for actions brought by the CONSULTANT's
in the county the AGENCY is located in. The parties own employees against the AGENCY and, solely for
hereto agree that all questions shall be resolved by the purpose of this indemnification and defense, the
application of Washington law and that the parties to CONSULTANT specifically waives any immunity
such action shall have the right of appeal from such under the state industrial insurance law, Title 51 RCW
decisions of the Superior court in accordance with the The CONSULTANT recognizes that this waiver was
laws of the State of Washington. The CONSULTANT specifically entered into pursuant to the provisions of
hereby consents to the personal jurisdiction of the RCW 4.24 115 and was the subject of mutual
Superior court of the State of Washington, situated in negotiation.
the county in which the AGENCY is located in.
Unless otherwise specified in the AGREEMENT, the
XIII AGENCY shall be responsible for administration of
LEGAL RELATIONS AND INSURANCE construction contracts, if any, on the project. Subject
to the processing of an acceptable, supplemental
The CONSULTANT shall comply with all Federal, agreement, the CONSULTANT shall provide on-call
State, and local laws and ordinances applicable to the assistance to the AGENCY during contract
work to be done under this AGREEMENT This administration. By providing such assistance, the
CONSULTANT shall assume no responsibility for
Local Agency Guidelines Page 6 of 20 Exhibit A;Resolution No. 2766
May 1994 August 5, 1996
proper construction techniques,job site safety, or any The AGENCY will pay no progress payments under
construction contractor's failure to perform its work in Section V until the CONSULTANT has fully
accordance with the contract documents. complied with this section. This remedy is not
exclusive; and the AGENCY and the STATE may take
The CONSULTANT shall obtain and keep in force such other action as is available to them under other
during the terms of the AGREEMENT, or as provisions of this AGREEMENT, or otherwise in law
otherwise required, the following insurance with
companies or through sources approved by the State XIV
Insurance Commissioner pursuant to RCW 48. EXTRA WORK
Insurance Coverage A. The AGENCY may at any time, by written
order, make changes within the general scope
A. Worker's compensation and employer's of the AGREEMENT in the services to be
liability insurance as required by the STATE. performed.
B. General commercial liability insurance in an B. If any such change causes an increase or
amount not less than a single limit of one decrease in the estimated cost of, or the time
million and 00/100 Dollars ($1,000,000.00) required for, performance of any part of the
for bodily injury, including death and property work under this AGREEMENT, whether or
damage per occurrence. not changed by the order, or otherwise affects
any other terms and conditions of the
Excepting the Worker's Compensation insurance and AGREEMENT, the AGENCY shall make an
any professional liability insurance secured by the equitable adjustment in the (1)maximum
CONSULTANT, the AGENCY will be named on all amount payable; (2) delivery or completion
certificates of insurance as an additional insured. The schedule, or both; and (3) other affected terms
CONSULTANT shall furnish the AGENCY with and shall modify the AGREEMENT
verification of insurance and endorsements required by accordingly
this AGREEMENT The AGENCY reserves the right
to require complete, certified copies of all required C. The CONSULTANT must submit its "request
insurance policies at any time. for equitable adjustment" (hereafter referred to
as claim under this clause within 30 days from
All insurance shall be obtained from an insurance the date of receipt of the written order
company authorized to do business in the State of However, if the AGENCY decides that the
Washington. The CONSULTANT shall submit a facts justify it, the AGENCY may receive and
verification of insurance as outlined above within 14 act upon a claim submitted before final
days of the execution of this AGREEMENT to the payment of the AGREEMENT
AGENCY
D Failure to agree to any adjustment shall be a
No cancellation of the foregoing policies shall be dispute under the Disputes clause. However,
effective without thirty (30) days prior notice to the nothing in this clause shall excuse the
AGENCY CONSULTANT from proceeding with the
AGREEMENT as changed.
The CONSULTANT's professional liability to the
AGENCY shall be limited to the amount payable E. Notwithstanding the terms and condition of
under this AGREEMENT or one million dollars, paragraphs (a) and (b) above, the maximum
whichever is the greater unless modified by Exhibit amount payable for this AGREEMENT, shall
"H" In no case shall the CONSULTANT's not be increased or considered to be increased
professional liability to third parties be limited in any except by specific written supplement to this
way AGREEMENT
Exhibit A, Resolution No_2766_
August 5, 1996 Page 7 of 20 Local Agency Guidelines
May 1994
XV XVIII
ENDORSEMENT OF PLANS COMPLETE AGREEMENT
The CONSULTANT shall place his endorsement on This document and referenced attachments contains all
all plans, estimates or any other engineering data covenants, stipulations and provisions agreed upon by
furnished by him. the parties. No agent, or representative of either party
has authority to make, and the parties shall not be
XVI bound by or be liable for, any statement,
FEDERAL AND STATE REVIEW representation, promise or agreement not set forth
herein. No changes, amendments, or modifications of
The Federal Highway Administration and the the terms hereof shall be valid unless reduced to
Washington State Department of Transportation shall writing and signed by the parties as an amendment to
have the right to participate in the review or this AGREEMENT
examination of the work in progress.
XIX
XVII EXECUTION AND ACCEPTANCE
CERTIFICATION OF THE CONSULTANT AND
THE AGENCY This AGREEMENT may be simultaneously executed
in several counterparts, each of which shall be deemed
Attached hereto as Exhibit"A-1", are the to be an original having identical legal effect. The
Certifications of the Consultant and the Agency, CONSULTANT does hereby ratify and adopt all
Exhibit"A-2" Certification regarding debarment, statements, representations, warranties, covenants, and
suspension and other responsibility matters - primary agreements contained in the proposal, and the
covered transactions, Exhibit"A-3" Certification supporting materials submitted by the
regarding the restrictions of the use of Federal funds CONSULTANT, and does hereby accept the
for lobbying, and Exhibit"A-4" Certificate of Current AGREEMENT and agrees to all of the terms and
Cost or Pricing Data. Exhibits "A-3" and "A-4" are conditions thereof.
only required in Agreements over$100,000.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year f Bove
written. �� - � /1
By ✓e, A beee-e-c By
Charles A. Booth, Mayor
Landau Associates, Inc. City of Auburn
Consultant Principal
APrbST•
Ro.in Wohlhueter, Auburn City Clerk
AP TRc yl� •
AS'
A
Michael J "eynolds, City Attorney
Local Agency Guidelines Page 8 of 20 Eiifiiliit'A; Resolution°No-'2766
May 1994 August 5, 1996
EXHIBIT "A-1"
CERTIFICATION OF CONSULTANT
Project No.
Local Agency City of Auburn
I hereby certify that I am Dennis R. Stettler and duly authorized
representative of the firm of Landau Associates, Inc. whose address is
23107 - 100th Avenue West, P. O. Box 1029, Edmonds, WA and that neither I nor the above firm I here
represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any
firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to
solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employee or retain the services
of any firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above CONSULTANT) any fee, contribution, donation or consideration of any kind
for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that
the firm is in full compliance with the requirements of the Board of Professional Registration.
I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal
Highway Administration, U.S. Department of Transportation, in connection with this contract involving
participation of Federal aid funds and is subject to applicable State and Federal-laws, both criminal and civil.
Date Signature
CERTIFICATION OF AGENCY OFFICIAL
I hereby certify that I am the AGENCY Official of the Local Agency of City of Auburn, _ Washington
and that the above consulting firm or his representative has not been required, directly or indirectly as an express
or implied condition in connection with obtaining or carrying out this contract to
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of
any kind, except as here expressly stated (if any).
I acknowledge that this certificate is to be available to the Federal Highway Administration, U.S. Department of
Transportation, in connection with this contract involving participation of Federal aid highway funds and is
subject to applicable State and Federal laws, both criminal and civil.
&Uri 5, X996 11 134
Date Signature
Exhibit A,,Resolution No. 2766 ._._
August 5, 1996 Page 9 of 20 Local Agency Guidelines
May 1994
EXHIBIT "A-2"
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;
(c) Are not presently indicated 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 1.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.
2. 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.
Consultant(Firm): Landau Associates, Inc.
( itn-2. 9teert%
Date President or Authorized Official of Consultant
(Signature)
Exhibit A, Resolution No 2766
Local Agency Guidelines Page 10 of 20 August 5, 1996
May 1994
EXHIBIT"A-3"
CERTIFICATION REGARDING THE RESTRICTIONS
OF THE USE OF FEDERAL FUNDS FOR LOBBYING
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any federal agency, a member of Congress, an officer or employee of Congress. or an employee
of a member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instruction.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all
such subrecipients shall certify and disclose accordingly
Consultant (Firm): Landau Associates, Inc.
67/-b/31 Co Pc _I 2t&-
Date President or Authorized Official of Consultant
(Signature)
Exhibit A, Resolution No 2766
August 5, 1996 w e Page 11 of 20 Local Agency Guidelines
May 1994
EXHIBIT`B-2"
SCOPE OF WORK
(TASK ORDER AGREEMENT)
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be
individually negotiated with the CONSULTANT The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by the AGENCY The AGENCY is not
obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY's and
CONSULTANT'S obligation hereunder are limited to tasks assigned in writing. Task assignments may include,
but are not limited to, the following types of work.
Geotechnical and environmental investigation and analysis including, but not be limited to, the
review of existing geotechnical and environmental information, drilling by the CONSULTANT or
their subcontractor, soil sampling and testing, groundwater measurement and testing, soil property
analysis, and documentation and report preparation for the results of these tests and analyses.
Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document
similar in format to page 2 of this exhibit.
An assignment shall become effective when a Formal Task Assignment Document is signed by the
CONSULTANT and the AGENCY, except that emergency actions requiring a 24-hour or less response can be
handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment
Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or
organizations whose rates were not previously established in this AGREEMENT) shall be provisional and subject
to final negotiation and acceptance by the AGENCY
Exhibit A, Resolution No_2766
Local Agency Guidelines Page 12 of 20 August 5, 1996
May 1994
FORMAL TASK ASSIGNMENT DOCUMENT
TASK NUMBER
The general provisions and clauses of Agreement shall be in full force and effect for this Task
Assignment.
Location of Project:
Project Title:
Maximum Amount Payable Per Task Assignment:
Completion Date:
Description of Work.
(Note attachments and give brief description)
Agency Project Manager Signature: Date:
Oral Authorization Date: See Letter Dated:
Consultant Signature: Date:
Agency Approving Authority Date:
Exhibit A, Resolution No. 2766
August 5;'1996""`— Page 13 of 20 Local Agency Guidelines
May 1994
EXHIBIT "C-5"
•
PAYMENT
(COST PER UNIT OF WORK)
1 When the AGENCY requests that a project be undertaken, the CONSULTANT shall prepare a fee proposal
based upon a typical scope of work. Upon agreement by the AGENCY and the CONSULTANT upon a scope of
work and related fee, a maximum encumbrance, inclusive of expenses, will be established, to serve as a maximum
amount payable for the project. For accounting purposes, the CONSULTANT will be paid by the AGENCY for
work done, based upon mutually agreed unit rates for work defined in Exhibits "D" and "E" The listed rates
shall be applicable throughout the life of this AGREEMENT The rates are inclusive of actual salaries, overhead,
profit, tools, materials, and equipment necessary or incidental for the completion of the AGREEMENT work.
Compensation for the following expenditures will be allowed when these costs are incurred directly in
fulfilling the terms of this AGREEMENT
2. The maximum total amount payable by the AGENCY to the CONSULTANT under this AGREEMENT shall
not exceed the amount shown on page 1 of this AGREEMENT, unless a supplemental AGREEMENT has been
negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable.
3. The CONSULTANT may submit invoices to the AGENCY not more often than once per month during the
progress of the work for partial payment of work completed to date. The invoices will indicate the units of work
completed each day during the invoice period in addition to the previous total. Direct nonsalary costs, such as
travel, reproduction, telephone, supplies, and computer costs, shall be supported by an original or a copy of the
invoice or billing instrument the CONSULTANT received for payment. For example, a copy of the telephone
company's itemized listing showing each call is necessary to verify the billing for long distance telephone calls.
Such invoices will be checked by the AGENCY and payment will be made in full for the amount thereof as has
been found to represent the value of the completed work, less the amounts previously paid.
Exhibit A,Resolution.No .2766,
Local Agency Guidelines Page 14 of 20 August 5, 1996
May 1994
EXHIBIT D
COMPENSATION SCHEDULE- 1996
Personnel Labor Hourly Rate
Principal $ 125
Associate 115
Senior 103
Senior Project 93
Project 83
Senior Staff 74
Staff 65
Senior Assistant 57
Assistant 53
Technician 46
Technical Illustrator/CAD Operator 51
Project Coordinator 49
Word Processor (including equipment) 45
Support Staff 35
Senior Principal rate will be assigned on a project-specific basis.
Expert professional testimony in court, deposition, arbitration, or public testimony at 1.5 times
hourly rate.
Technical disciplines include: Biologist, Chemist, Engineer, Environmental Planner, Geochemist,
Geologist,Historian, Hydrogeologist, Hydrologist, Risk Analyst,Scientist
Equipment
Field,laboratory,and office equipment used in the direct performance of authorized work
is charged at unit rates. A rate schedule will be provided on request.
Subcontractor Services and other Expenses
Subcontractor billing and other project expenses incurred in the direct performance of
authorized routine services are charged at the rate of cost plus a twelve percent (12%)
handling charge. The handling charge for technical subconsultants and for high risk field
operations will be higher on an individual project basis. The handling charge may be lower
for projects which involve disproportionally large subcontracting.
Invoices
Invoices for Landau Associates services will be issued monthly, payable upon receipt.
Interest of 1-1/2 percent per month(but not exceeding the maximum rate allowable by law)
will be payable on any amounts not paid within 30 days.
Term
Unless otherwise agreed, Landau Associates reserves the right to make reasonable
adjustments in charges for services, including continuing projects,with 30 days notice.
Exhibit A, Resolution-NC 2766— Page 15 of 20 Local Agency Guidelines
August 5, 1996 May 1994
EXHIBIT "F"
PAYMENT UPON TERMINATION OF AGREEMENT
' BY THE AGENCY OTHER THAN FOR FAULT OF THE CONSULTANT
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously
made shall total the same percentage of the Lump Sum Amount as the work completed at the time of
termination is to the total work required for the PROJECT In addition, the CONSULTANT shall be paid
for any authorized extra work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously
made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the
time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be
paid for any authorized extra work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of
this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this
AGREEMENT
Costs Per Unit of Work Contracts
A Final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT
Exhibit A, Resolution No' 2766 Page 19 of 20 Local Agency Guidelines
August 5, 1996 Ma y 1994
EXHIBIT G •
SUBCONTRACTED WORK
•
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT
Subcontracted work is to be identified when tasks are assigned
Exhibit A, Resolution No. 2766
Local Agency Guidelines Page 20 of 20 August 5, 1996
May 1994
ACORDr G£R'iIPIW1f1.11E DIf BaIP\ 1T iN\7R F E 1:o •.: DATE 29-APR-1997
MoDUr' 36131 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Iil;ls Carlton Corporation of Seattle ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P 0. Box 34201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
701 Fifth Avenue,' • ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
4200 Co!iiabie Center COMPANIES AFFORDINbCOVERAGE
5206) 386-7400 0 taw WA 98124
(20tl) APR taw CONPAPiY General Insurance Company of America
I
Winifred Sargent A
sisdAt CITY Ur WuoUR COLPANYSAFECO Insurance Company of America
CITY CLERKS OFF! r
lit ONFANY
B
Landau Associates Inc C
P 0 Box 1029
Edmonds WA 98020 COWANY
D
_- _
COVERAGES. ,REI'QRTED'.7iS DF'.41'=MAY:7897
THIS IS TOCERTIFY THAT THE POLICIES OF INSURANCE LISTEDBELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDINGANY REQUIREMENT TERM OR CONDITION OFANY CONTRACT OROTHERDOCUMENTWITHRESPECTTOWHICHTHIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY..R.PFECTIVI POLICY EXPIRATION
• LTR
tin OF r&BURARC A i ROL,C,NT:7.:L2r.. OMITS
DATE(MMIDDITY) DATE(MMIDD/YY)
• A QENENALLIAELRY CP8477553A 01-MAY-1997 01-MAY-1998 GENERAL AGGREGATE $ 2,000 000
JI I COAE.ERCIAL OEFERAL LIABILITY PRODUCTS•COW/OP AGO $ 1,000,000
I I CLAIMS MACE I X I OCCUR PERSONAL IS ADV INJURY S 1,000,000
1 X� OMER'S &CONTRACTORS PROT EACH OCCURRENCE $ 1 000,000
Stop Gap FIRE DAMAGE (Any one Ns) S 50,000
KEG EXP (Any anw parson) S 5,000
B I AUTOMOELELIAILITY A8477553A 01-MAY-1997 01-MAY-1998
COMBINED SINGLE LIMIT t 1,000,000
X I ANY AUTO
_� ALL nw?ED AUTOS BODILY INJURY $
(Per portal)
SCHEDULED AUTOS
. I )( I HEED AUTOS BODILY INJURY S
(Per accident)
; B I NONOATED AUTOS I
I I PROPERTY DAMAGE S
i 1
•
OARAOE LIABILITY AUTO OFLY EA ACCIDENT S
ANY AUTC OTHER THAN AUTO Oft? _ , •
1 EACH ACCIDENT HS
- AGGREGATE $
B ■ EXCIIILIAELfT IUL8477553A 01-MAY-1997 01-MAY-1998 EACH OCCURRENCE IS 5,000,000
• ' X I LA.6RELLA FORM AGGREGATE IS 5,000,000
OTEP THAN UI-BRELLA FORRI 1 ' 1$
WC MTV 101H "' "'
WORKERS COMPiNEfTION AND I I I TORY. 1 MIS.1__-!PR I - .....
I EMPLOYERS LIABILITY I I EL EACH ACCIDENT IS
THE PROPRIETOR, INO..I I
EL DISEASE-POLICY LIMIT S
PART/EIS/EXECUTIVE
rniCETC APE ETCLI EL DISEASE'EA EAPLOYEE IS
OTHER
I
I
pISCRIP HON Of OPERAtIONIIILOCATIONSIYIHICLISI IPECML ITEMS
SEE ATTACHED
• CERTIFICATE HOLDER CANCELLATION
SHOLLO ANY OF THE ABOVE DEICRISED POLICIES SE CANCELLED SWORE THE
' EEPIII•TTON DATE THEREOF THE ISSUINO COMPANY WILL ENDEAVOR TO MAIL
City of Auburn 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LIFT,
25 West Main BUT PALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OSLIGATION OR LIASLTrY
Attn Caroline Bergt OF ANY KIND UPON THE COMPANY, IFS AGENTS OR REPRESENTATIVIS.
Auburn WA 98001-4998
AUTHORIZED PRESENTATIVE
I nACO A
ACORD 28-6(I/95) LAIDAU3 ACORO CORPORATION1988:
wlula �.1I� p /yam IsI��p�®� gtUl DATE(LE.1/OD/YY)
I w=44 " 1/ �A ' O i SLItAK .. .. .. . . t A .. ..i3 'l ro 29_APR_,997
HIC CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
MOWER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED 36131 PRODUCER
S APR 3 /� Willis Corroon Corporation of Seattle
0 199? P 0 Box 34201
CITY of 701 Fifth Avenue
Landau Associates. Inp pr
CLERKS 4200 ifth Avenue
Center
P 0. Box 1029 yl OFFICE Seattle WA 98124
Edmonds WA 98020 (206) 386-7400
Winifred Serpent
I
II r. : :.. ..: :. ......... .:: : :. D BELOW HAVE. :,.,,. . . j.. .� . .
COVERAGES ,; t1pPQR7Eb'.AS;ElF'.o :MAY»T997 . ..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTS E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS.
•
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS FOE OP INSURANCE I DATE(LM/00/YY)I DATE ILEA/00/YY)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
' It is agreed that the Certificate Holder is included as an Additional
. Insured on the general liability , but only as respects consulting
services provided by the Named Insured
' Professional Liability Excluded
•
•
CERTIFICATE HOLDER CANCELLATION
SHOIAD ANY OP THE ABOVE oescaISED POLICIES BE CANCELLED BEFORE THE
EXPMATION DATE THEREOF THE ISSUING COMPANY WLL ENDEAVOR TO MAL
C1 ty of Auburn 30_ _ OATS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT.
25 Weft Vain BUT PALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIAILITY
or ANY KIND UPON THE COMPANY, MI AGENTS OR REPRESENTATIVES.
Attn Caroline Beryl
AUTHORIZE IYE
Auburn WA 96001.4998 t^A
WILLIS CORROON 25WC1 (9195) LAAtAlA YF,� '��� f gUSCORR
• OON 1995_
Otyop •
CHARLES A.BOOTFt,MAYOR 411476, AUBURN CITY CLERK
Rabin Wohlhueter,City Clerk 25 West Main, Aubu[n,WA 98001
Dani Daskam, Deputy City Clerk CityC )(206)931-3039
Tatum Bothell, Records/License Clerk Business Registration:(206)931-3007 Fax:(206)931 3053
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No 2766 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2766 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 5th day of August, 1996
Witness my hand and the seal of the City of Auburn this 14th day of August, 1996
Robin Wohlhueter
City Clerk
City of Auburn