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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