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RESOLUTION NO 2 7 9 4 `4i
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY AND CH2M
5 HILL, INC TO COMPLETE THE WETLANDS MITIGATION DESIGN AT THE
AUBURN MUNICIPAL AIRPORT BEING PLANNED FOR FUTURE HANGAR
6 DEVELOPMENT
7
8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
10
Section 1 The Mayor and City Clerk of the City of
11
Auburn, Washington, are hereby authorized to enter into an
12
13 Agreement for Professional Services with CH2M HILL, INC , to
14 complete the wetlands mitigation design on seven (7) acres of
15 property at the Auburn Municipal Airport that is being planned
16
for future hangar development A copy of the Agreement is
17
attached and is designated as Exhibit "A" and is incorporated
18
19 by reference in this Resolution
20 Section 2 The Mayor is hereby authorized to implement
21 such administrative procedures as may be necessary to carry
22
out the directives of this legislation
23
24
25
26
Resolution No 2794
January 15, 1997
Page 1
1
2
DATED and SIGNED thisp day ofJ,(,/�%��(/L 1997
3 Cl/l/((
4
5
CITY OF AUBURN
6
7
8 II (�
9 C AeC �- lojec
CHARLES A BOOTH
10 MAYOR
11
12
13 ATTEST
14
16
16 & c f-'C�
obin Wohl ueter,
17 City Clerk
18
19
20 APPROVED AS TO FORM
21
22 ( .'
/
23 - fir
Michael Reynolds,
24 City Attorney
25
26
Resolution No 2794
January 15, 1997
Page 2
ORIGINAL
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between the CITY
OF AUBURN, a municipal corporation of the State of Washington,
hereinafter referred to as "CITY° and with CH2M HILL, INC. , a
corporation, whose address is 777 108th Avenue N.E , Bellevue, WA
98004-5118, hereinafter referred to as "CONSULTANT".
In consideration of the covenants and conditions of this
Agreement, the parties hereby agree as follows
1 SCOPE OF WORK.
See Exhibit A
2 TERM.
24 Months
3 COMPENSATION.
See Exhibit B
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 required The
CONSULTANT shall perform its services to the degree of skill and
Agreement for Prof essi nal Services
Page 1 RES NO ...21.23 (FE054)
July 30 1996
Exhibit "A" - Resolution No 2794
Adopted 1/21/97
diligence normally employed by professional scientists or
consultants performing the same or similar services at the time
CH2M HILL services are performed, 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.
a) CONSULTANT agrees to indemnify CITY from any claims,
damages, losses and costs, including, but not
limited to attorney's fees and litigation costs,
arising out of claims by third parties for property
damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of
CONSULTANT, CONSULTANT'S employees, affiliated
corporations, officers and subcontractors in
connection with the PROJECT
b) CITY agrees to indemnify CONSULTANT from any claims,
damages, losses and costs, including, but not
limited to attorney' s fees and litigation costs,
Agreement for Professional Services
Page 2 RES NO (FE054)
July 30 1996
Exhibit "A" - Resolution No 2794
Adopted 1/21/97
arising out of claims, by third parties for
property damage and bodily injury, including death,
caused solely by the negligence or willful
misconduct of CITY, CITY'S employees, or agents in
connection with the PROJECT
c) If the negligence or willful misconduct of both
CONSULTANT and CITY (or a person identified above
for whom each is liable) is a cause of such damage
or injury, the loss, cost, or expense shall be
shared between CONSULTANT and CITY in proportion to
their relative degrees of negligence or willful
misconduct and the right of indemnity shall apply
for such proportion
The provisions of this section shall survive the expiration or
termination of this Agreement
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, comprehensive general liability insurance against
Agreement for Professional Services
Page 3 RES NO (FE054)
July 30 1996
Exhibit "A" - Resolution No 2794
Adopted 1/21/97
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 comprehensive
general liability insurance and shall maintain liability limits
of no less then ONE MILLION DOLLARS ($1, 000, 000) combined single
limit per occurrence for bodily injury, personal injury and
property damage The CONSULTANT shall also provide and maintain
professional liability coverage including errors and omissions
coverage in the minimum liability limits of ONE MILLION DOLLARS
($1, 000, 000) combined single limit per occurrence for bodily
injury, personal injury and property damage
The general liability coverage shall also provide that the
CITY, its officers, employees and agents are to be covered as
additional insureds 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
coverages 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
Agreement for Professional Services
Page 4 RES NO (FE054)
July 30 1996
Exhibit "A" - Resolution No 2794
Adopted 1/21/97
shall be endorsed to state that coverage shall not be suspended,
voided, canceled, reduced in coverage or in limits except after
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
Agreement for Professional Services
Page 5 RES NO (F3054)
July 30 1996
Exhibit "A" - Resolution No 2794
Adopted 1/21/97
concerning this Agreement for a period of three (3) years
following the date that this Agreement is expired or otherwise
terminated The CONSULTANT further agrees that the CITY may
inspect any and all documents held by the CONSULTANT and relating
to this Agreement upon good cause at any reasonable time within
the 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 oh another project, change, or
alteration by the CITY or by others acting through or on behalf
of the CITY of any such instruments of service will be at the
CITY's sole risk
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
Agreement for Professional Services
Page 6 RES NO (FE054)
July 30 1996
Exhibit "A" - Resolution No. 2794
Adopted 1/21/97
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
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 amended 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
Agreement for Professional Services
Page 7 RES NO (FE054)
July 30 1996
Exhibit "A" - Resolution No 2794
Adopted 1/21/97
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 under this
Agreement
11 7 The CITY and CONSULTANT have agreed to the additional
provisions in Exhibit C which are hereby incorporated and made
part of this agreement
seaoocumQ+rz Exhibit "A" - Resolution No 2794
Adopted 1/21/97
CITY OF AUBURN
�YC$rbrC V roc
CHARLES A BOOTH
MAYOR
ATTEST:
&A1Al )a01 ti ,CG��,C�
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM
Michael J Reynolds,
City Attorney
(NAME OF CONSULTANT)
BY _ L
e/A� G
TITLE V 1
Agreement for Professional Services
Page 9 RES NO (FE054)
July 30 1996
Exhibit "A" - Resolution No 2794
Adopted 1/21/97
STATE OF WASHINGTON )
) ss
COUNTY OF RING )
On this / /77 �
day of Rrlta✓I l.910, before
me, the undersigned, a Notary Publ ' inland for 5�r e of
Washington, personally appeared /i i-l1M✓
I to me own to be the
(col162, 2yo 5 I GAYI t of �° ,;?-/fi ,Y/`Z L , the
oration, sole proprietorship, partnership or individual)
who executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and
deed of said (corporation, sole proprietorship, partnership or
individual) , for the uses and purposes therein mentioned, and on
oath stated that he/she is authorized to execute said instrument
on behalf of said corporation, sole proprietorship, partnership
or individual) .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the date hereinabove set forth
a
i4A--
j Arm) M . 1_2a
NOTARY PUBLIC in Lthd for iq,/�to e ^
Washington, residing at / ) 1`(-
MY COMMISSION expires 11 /11 /1 7
Agreement for Professional Services
Page 11 RES NO (FE054)
July 30 1996
Exhibit "A" - Resolution No 2794
Adopted 1/21/97
STATE OF WASHINGTON)
ss
COUNTY OF KING
On this /, day of 19-7, before me
undersigned, a Notary Public in and f r the State of Washington,
dye y commissioned ap,d1 sworn ersona,1lx appeared
( 4/na�pd ) °� i-lunv A42 2AJ , to me known to be the
Mayor and City Clerk, respectively, of the City of Auburn, a
municipal corporation, and the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that they
are authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and
year first above written
0000000000000000
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NOTARY PUBLIC IN AND FOR T STATE OF
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Agreement for Professional Services
Page 12 RES NO (FE054)
July 30 1996
Exhibit "A" - Resolution No 2794
Adopted 1/21/97
Ext mrr A (JULY 30,1996)
Scope of Work
Auburn Municipal Airport
Goedeke Site Wetland Mitigation Project
Permitting Support Services,
Design Services and Pre-Bid, Bid, Construction,
and Post-Construction Phase Services
This project is generally described as permitting support services,design services, and pre-
bid,bid,construction,and post-construction phase services for the City of Auburn Munici-
pal Airport (City) Goedeke Site Wetland Mitigation Project. These services are in support of
mitigation requirements for anticipated wetland impacts of approximately 1.2 acres resul-
ting from the City's plan to build hangars and associated taxilanes for approximately 80 air-
craft on an undeveloped 7-acre site located within the airport's existing property boundary
This scope of work is organized into four phases:
1 Permitting Support Services
2. Preliminary Mitigation Design
3. Final Mitigation Design
4. Pre-bid,Bid,Construction, and Post-Construction Services
Scope of work definition is provided below for all four phases.The estimated costs to com-
plete the four phases of work are best estimates based on information available at the time
this scope of work was prepared. If additional labor hours are found to be needed,a mutu-
ally satisfactory scope and cost adjustment will be negotiated and finalized before the addi-
tional work is undertaken. CONSULTANT agrees to furnish the City with the following
specific services and deliverable products described below
1 . Permitting Support Services
Objectives
The objective of this phase of the scope of work is to prepare and submit a concept-level
wetland mitigation plan in support of the U.S. Army Corps of Engineers (USACOE)Sec-
tion 404 Individual Permit application requesting authorization to construct the proposed
hangar units and associated taxilanes on the 7-acre development site.This task will involve
limited coordination with staff from the Corps of Engineers,EPA,Ecology,King County
and the City of Auburn
Exhibit "A" - Resolution No 2794
SEA/10020486 DOC Adopted 1/21/97
ExHI&TA SCOPE Of MAX
•
Scope
1.1 Prepare a concept-level wetland mitigation plan describing a preferred mitigation op-
tion and two mitigation alternatives for the Goedeke Wetland Mitigation Site. Coordi-
nate with staff from the Corps of Engineers, EPA,Ecology, King County,and the City
to identify a preferred mitigation concept.This task assumes the City will coordinate
with the Corps of Engineers to complete independent verification of the wetland
boundary delineation for the Goedeke site (as shown on the July 11, 1995 Wetland
Delineation Map;Goedeke Property W&A 8-94-10) prior to completion of the concept-
level wetland mitigation plan.
1.2 Gather and review existing information on local hydrology,including seasonal
groundwater conditions and stream flow in Mill Creek. Review the Emerald Downs
project file at the U.S. Army Corps of Engineers Seattle District Office and contact
WSDOT for available stream gage information. Review and evaluate information and
determine potential limitations on wetland mitigation design at the Goedeke site.
Deliverables
Five copies of a concept level wetland mitigation plan describing a preferred mitigation op-
tion and two alternative mitigation concepts for the Goedeke site.The plan will include
rough order of magnitude cost estimates for each conceptual mitigation alternative.
2. Preliminary Mitigation Design
Objectives
During this phase CONSULTANT will prepare preliminary design drawings,specifications,
and a cost estimate for the preferred wetland mitigation concept identified during Task 1.1.
Design drawings and specifications will be prepared to approximately thirty percent(30%)
level of completion. The preliminary design drawings and specifications will be packaged
and submitted to the Corps of Engineers as the Draft Mitigation Plan for the Goedeke site.
The Corps will distribute the Draft Mitigation Plan with the Section 404 permit public
notice.
Scope
2.1 Coordinate with City survey crews to collect supplemental survey information to sup-
port development of the preferred wetland mitigation concept at the Goedeke Wet-
land Mitigation Site identified during Task 1.1.City survey crews will identify nearby
survey reference points to establish horizontal and vertical control coordinates,con-
duct a property boundary survey, establish 0.5 foot contour intervals on specific
limited portions of the Goedeke site where the concept-level mitigation alternatives
are proposed, and locate and map existing utilities that could potentially impact miti-
gation design. Findings will be used to supplement the topographic information
shown on the July 1, 1995,Wetland Delineation Map provided to CONSULTANT by
the City (Goedeke Property W&A#94-10).
2.2 Prepare preliminary design drawings (11 X 17-inch) and specifications to approxi-
mately thirty percent (30%) level of completion based on the preferred wetland
sEA/1002D4B6.DOC Exhibit "A" - Resolution No 2794 1.2
11/15/96
Adopted 1/21/97
EXHIBITA SCOPE OR WORK
•
mitigation concept identified during Task i. 1. Preliminary design drawings will in-
clude the following five sheets:
• Cover Sheet, Vicinity/Location Map, Drawing Index, Legend, Abbreviations,Gen-
eral Notes
• Overall Site Plan
• Site Grading Plan and Sections
• E/S Control Plan and Details
• Planting Plan
Plant species lists and planting specifications will be included on the design drawings.
A brief descriptive narrative (design report) will be prepared to accompany the pre-
liminary design drawings. This narrative will include preliminary technical specifica-
tions for the design,preliminary description of maintenance requirements,and a
mitigation monitoring program outline.The thirty percent(30%) design products will
be reviewed with the City for concurrence,comments, and design response decisions
required to proceed with the design process.
2.3 Prepare thirty percent (30%) design quantity and construction cost estimate.
2.4 Prepare a Draft Wetland Mitigation Plan for submittal to the Corps of Engineers using
the preliminary design drawings developed during Task 2.2.The plan will follow the
format of the Interagency Guidelines for Developing Freshwater Mitigation Plans and
Proposals (Ecology, 1994).The plan will include a narrative description of the pre-
ferred mitigation concept for the Goedeke site, plan and section view permit draw-
ings, probably project maintenance requirements, and an outline of a multi-year
wetland monitoring program.
Deliverables
1. Five sets of thirty percent (30%) design drawings (11 X 17-inch) and specifications.
2. Thirty percent(30%)design quantity and cost estimates.
3. Five copies of the Draft Wetland Mitigation Plan with permit drawings (8-1/2 x 11-inch)
to be submitted to USACOE for agency review and comment.
3. Final Mitigation Design
Objectives
During this phase CONSULTANT will prepare final design drawings,specifications, and a
detailed cost estimate at the 100 percent(100%) completion level for the preferred wetland
mitigation alternative at the Goedeke site.The one-hundred percent (100%)design draw-
ings and specifications will be packaged and submitted to the Corps of Engineers as the
Final Mitigation Plan for the Goedeke site.
SEA/1002D486.00c Exhibit "A" - Resolution No 2794 13
11/15/96
Adopted 1/21/97
EXHI&TA SCOPE OF WORK
Scope
3.1 If requested,arrange and attend a joint meeting with project proponents and regula-
tory agency staff to review comments received on the draft mitigation plan and de-
velop consensus on the final mitigation plan. The need for this meeting will be
determined after publication of the ACOE Public Notice and receipt/review of agency
comments on the draft mitigation plan.
3.2 Prepare final design drawings (11x17 inch) and specifications to one-hundred percent
(100%) completion level after review of public and agency comments on the Draft
Wetland Mitigation Plan, the Environmental Assessment,and City comments on the
thirty percent(30%) design drawings. Final design drawings will include the follow-
ing five sheets:
• Cover Sheet,Vicinity/Location Map,Drawing Index,Legend,Abbreviations, Gen-
eral Notes
• Overall Site Plan
• Site Grading Plan and Sections
• E/S Control Plan and Details
• Planting Plan
Plant species lists and planting specifications will be included on the design drawings.
A brief updated descriptive narrative (design report) including maintenance require-
ments, and a mitigation monitoring program outline will be prepared to accompany
the final design drawings. Potential long-term protection and preservation measures
(access, fencing, signage) will also be described.The final plans and specifications will
be submitted to and approved by the City and FAA prior to advertisement for bid.
3.3 Prepare one-hundred percent (100%) design quantity and construction cost estimate.
3.4 Prepare a Final Wetland Mitigation Plan for submittal to the Corps of Engineers using
the final design drawings developed during Task 3.1.The final plan will incorporate
appropriate public and agency comments on the Draft Wetland Mitigation Plan.
Deliverables
1. Five sets of one-hundred percent (100%) design drawings (11x17 inch) and specifica-
tions; one set of full size (22x34 inch) reproducible drawings.
2. One-hundred percent (100%) design quantity and cost estimates.
3. Five copies of the Final Wetland Mitigation Plan with permit drawings (8-1/2 x 11 inch).
SEP/1002O4B6000 Exhibit "A" - Resolution No 2794 1-4
11/15196
Adopted 1/21/97
EXHIBIT A SCOPE OF WORK
4. Pre-Bid, Bid, Construction, and Post-Construction Phase
Services
Objectives
The objective of this phase is to provide the City with pre-bid,bid,construction,and post-
construction phase services for the wetland mitigation project at the Goedeke site. CON-
SULTANT will prepare the invitation to bid and related contract documents based on City
and FAA provided 'boilerplate"examples. At the time bids are opened,CONSULTANT
will assist the City in evaluating the bids and in securing approval to award the contract.
During construction, appropriately qualified CONSULTANT staff will make up to three site
visits during major construction phases to assure that construction is in accordance with the
plans and specifications. CONSULTANT staff will participate in a half-day preconstruction
field review at the project site and assist the City in preparing required FAA documentation
for project closeout.
Scope
4.1 Prepare invitation to bid and related-contract documents,including disadvantaged
business enterprise (DBE) goals, for construction of the preferred wetland mitigation
alternative at the Goedeke site. City and/or FAA to provide appropriate examples of
preferred contract'boilerplate."
4.2 Assist the City in evaluating the bids and in securing approval to award the construc-
tion contract.
4.3 Conduct a one half-day preconstruction meeting/field review at the Goedeke site with
the selected contractor, subcontractors,and the City
4.4 Provide up to three half-day onsite inspection visits during construction to assure that
construction is performed in accordance with the plans and specifications.Following
each visit,prepare brief construction progress and inspection reports for the City and
FAA.
4.5 Assist the City in completing the appropriate project close-out documents as required
by FAA Engineering Guidance letter 95-05.
Deliverables
1. Five sets of approved plans (11x17 inch);one reproducible set of full-size (22x34-inch)
drawings;and five sets of specifications, invitation to bid, and related-contract docu-
ments to supply contractors requesting plans and specifications for purposes of bidding.
2. Up to three brief construction progress and inspection letter reports.
3. Two copies of FAA required final construction report,including final payment sum-
mary form,required determinations for project closeout,DBE participation summary,
and applicable sponsor certification forms.
SEA/1002D4B6.DOC 1-5
11/15/96 Exhibit "A" - Resolution No 2794
Adopted 1/21/97
MOT A SCOPE OF WORK
- r
Assumptions
1. The City will coordinate with the Corps of Engineers to obtain verification of the wet-
land boundary delineation for the Goedeke site (as shown on the July 11, 1995, Wetland
Delineation Map;Goedeke Property W&A#94-10).
2. City survey crews will conduct the supplemental topographic surveys described in
Task 2.1.
3. The City will be responsible for obtaining and paying for any and all remaining permits,
licenses, and approvals which are necessary and incidental to the performance of the
work described in the final design drawings and specifications (e.g.,State(hydraulic
project approval, temporary modification of water quality criteria) and City(SEPA,
clearing and grading,haul route agreement) permits].
4. The City will publish the invitation to bid and pay all associated advertisement fees.
5. The City will accept requests for contract documents from bidders,print additional
copies of the contract documents (if required),ship documents,maintain a plan holders
list,coordinate other aspects of the contract document distribution, and respond to con-
tract document-related questions.
6. The City will prepare all FAA-required documentation related to land and property
including,but not limited to, appraisals, title reports, acquisition cost reports,
nonconstruction-related property surveys and property maps, legal descriptions,ease-
ments, and conservation deed restrictions.
7 The City will be responsible for completing the A-128 audit as part of the FAA project
closeout requirements.
8. The Contractor will maintain up-to-date record drawings for the project.The Contrac-
tor's record drawings will reflect all construction changes and will be used to update the
design drawings for the FAA required as-built submittal.
9 The Contractor will prepare two copies of as-built plans on microfiche, one blueline
copy, and 3-1/2-inch disks with electronic files in AutoCADD-compatible format for
submittal to the FAA.
Note: Should any of these assumptions not be met, then additional funds will be required to
pay for outsourcing these responsibilities.
SEA1002D466 Uxc
SEA/10020486.00C
11/15/96 15/96 Exhibit "A" - Resolution No 2794 1-6
Adopted 1/21/97
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Exhibit C
Additional Provisions
1. Subsurface Investigations
In soils, foundation, groundwater. and other subsurface investigations, the actual characteristics may
vary significantly between successive test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may occur that could affect
total PROJECT cost and/or execution. These conditions and cost/execution effects are not the
responsibility of CONSULTANT
2. CONSULTANT's Personnel at Construction Site
The presence or duties of CONSULTANTs personnel at a construction site, whether as onsite
representatives or otherwise, do not make CONSULTANT or CONSULTANTS personnel in any way
responsible for those duties that belong to CITY and/or the construction contractors or other entities,
and do not relieve the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means, techniques, sequences,
and procedures necessary for coordinating and completing all portions of the construction work in
accordance with the construction Contract Documents and any health or safety precautions required by
such construction work.CONSULTANT and CONSULTANTs personnel have no authority to exercise
any control over any construction contractor or other entity or their employees in connection with their
work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting,
or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other
persons at the site except CONSULTANTS own personnel.
The presence of CONSULTANTs personnel at a construction site is for the purpose of providing to
CITY a greater degree of confidence that the completed work will conform generally to the Contract
Documents and that the integrity of the design concept as reflected in the Contract Documents has been
implemented and preserved by the construction contractor(s). CONSULTANT neither guarantees the
performance of the construction contractor(s) nor assumes responsibility for construction contractor's
failure to perform work in accordance with the Contract Documents.
For this AGREEMENT only, construction sites include places of manufacture for materials
incorporated into the construction work, and construction contractors include manufacturers of
materials incorporated into the construction work.
3. Opinions of Cost,Financial Considerations,and Schedules
In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the
PROJECT, CONSULTANT has no control over cost or price of labor and materials;unknown or latent
conditions of existing equipment or structures that may affect operation or maintenance costs;
competitive bidding procedures and market conditions; time or quality of performance by third parties;
quality, type, management, or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, CONSULTANT
makes no warranty that CITY s actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from CONSULTANTS opinions, analyses, projections,or estimates.
Exhibit "A" - Resolution No 2794 1 NPwz,o
sEVExHC.00c Adopted 1/21/97
4. Construction Progress Payments
Recommendations by CONSULTANT to CITY for periodic construction progress payments to the
construction contractor(s) will be based on CONSULTANTS knowledge, information, and belief from
selective sampling that the work has progressed to the point indicated. Such recommendations do not
represent that continuous or detailed examinations have been made by CONSULTANT to ascertain that
the construction contractor(s) have completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that CONSULTANT has made an
examination to ascertain how or for what purpose the construction contractor(s) have used the moneys
paid; that title to any of the work, materials, or equipment has passed to CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters at issue between CITY
and the construction contractors that affect the amount that should be paid.
5. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled and
furnished by others, and may not always represent the exact location, type of various components, or
exact manner in which the PROJECT was finally constructed. CONSULTANT is not responsible for
any errors or omissions in the information from others that is incorporated into the record drawings.
Record drawings will consist only of the signed and sealed set of drawings in hard copy form. Any
computer-generated files on diskettes or tapes furnished by CONSULTANT are for CITY and others'
convenience and to be utilized at user's sole risk
ti. CITY-Furnished Data
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANTs
services on the PROJECT CONSULTANT will reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by CITY
7 Advertisements,Permits,and Access
Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and land,
easements, rights-of-way, and access necessary for CONSULTANTS services or PROJECT
construction.
& Asbestos or Hazardous Substances and Indemnification
If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will
stop its own work in the affected portions of the PROJECT to permit testing and evaluation.
If asbestos is suspected. CONSULTANT will, if requested, manage the asbestos remediation activities
using a qualified subcontractor at an additional fee and contract terms to be negotiated.
If hazardous substances other than asbestos are suspected, CONSULTANT will conduct tests to
determine the extent of the problem and will perform the necessary studies and recommend the
necessary remedial measures at an additional fee and contract terms to be negotiated.
To the maximum extent permitted by law CITY will indemnify CONSULTANT and CONSULTANTs
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation or dispute resolution expenses arising
E<HCDOC Exhibit "A" - Resolution No 2794 2
Adopted 1/21/97
'` out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants,
or asbestos on,under,or from the PROJECT
9. Contractor Indemnification and Claims
CITY agrees to include in all construction contracts the provision.CONSULTANTS Personnel at Con-
struction Site, and provisions providing contractor indemnification of CITY and CONSULTANT for
contractor's negligence.
10. Exclusion of Contractor Claims
CITY agrees to include the following clause in all contracts with construction contractors, and
equipment or materials suppliers:
"Contractors,subcontractors,and equipment and material suppliers on the project,or their sureties,shall
maintain no direct action against CONSULTANT, CONSULTANTs officers, employees, affiliated
corporations, and subcontractors for any claim arising out of, in connection with, or resulting from the
engineering services performed. CITY will be the only beneficiary of any undertaking by
CONSULTANT"
11. Changes
CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If
such changes affect CONSULTANTS cost of or time required for performance of the services, an
equitable adjustment will be made through an amendment to this AGREEMENT
1/ Limitation of r iah�.lity—
-pr enmhmannn of cane c• will in the ageiaEc to not ez eerl thr rmmFencatinn rrreiverl by
_of this AGRFFMFNT or any rlmtment incnTnnteel into it nr_.pfP,rpvt'P't by it jg.,
I s'
C.
1? roasAquenrinlDa ages 0# I7 fo
In no event will CONSULTANT•, CONSULTAN•l's affiliated roopnratinpc, officers, employers, or
CONSULTANT against indirect liability or third party proceedings, CITY will indeirfy
CONSULTANT for any such loss or dorrtage. an ddL
14 r , t H r1 Watvere_
tort inch /ling neo]igenr.•srrirt or stamtnry liability,or azy Other-ca'lrr or artionreycrpr the limitations
•.•- .•.• .•• •• I _ ■ .•• • an a o. • a I
•- s,and subcontraeterT
Exhibit "A" - Resolution No 2794
Adopted 1/21/97 a
EYHC.ccc
W-C
t• Tit" parties also agnr that rITY will pot rev ciartrar eyreSS of tbe Fratatiogivoitly through
('Ire VorAi Vri nil riAirrrC mint MNST TANT. inrhirting t nce•Fria swectst that are not brought
. .
OFt4,7
ECHC.00C 4
GigotCHARLES A.BOOTH,MAYOR / Ll"� AUBURN CITY CLERK
Danielle Dasrdson City Clerk 1 N 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk 1\\ i� City Clerk:(753)9313039
Tame Bothell,Records/License Clerk Business Registration:(253)931-3007 Fax (253)288-3132
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Danielle Daskam, 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 2794 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO.2794 "
I certify that said Resolution No. 2794 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 21st day of January,
1997
Witness my hand and the seal of the City of Auburn this 20th day of August,
1998
�G!Gtu Ld
Danielle Daskam, City Clerk
City of Auburn
feb
US Department Seattle Airports District Office
Of Transportation 160, Lora Avenue S W
Federal Aviation aencon WA 98055-4056
Administration
November 20 1996
Mr John Anderson
Airport Director
Auburn Municipal Airport
400 23rd Street, N.E.
Auburn, Washington 98002
Dear Mr Anderson
This letter is to advise you that we have tentatively allocated $550,000.00 for T-Hangar Taxilane
Construction and the associated mitigation at Auburn Municipal Airport. As we have discussed
over the telephone, you will need to have selected a consultant, completed the design, and taken
bids by April, 1997 in order to meet our grant schedule
Please keep us advised of your progress If we can be of any assistance, please contact either
Paul Johnson at(206) 227-2655 or me at (206) 227-2653.
Sincerely,
Cayla Morgan
Airport Planner/Environment Specialist
'
AI.III�UL CERTIFICATE OF INSURANCE Q r".1 DATE(MM,rDDrY )
04/30/98
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
VAN GILDER INSURANCE CORPORATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
700 BROADWAY,SUITE 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DENVER, COLORADO 80203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
15114-00005 SEA SEA A SECURITY INSURANCE CO OF HARTFORD
INSURED
COMPANY
CH2M HILL, INC. B
777 108TH AVENUE NE
BELLEVUE,WA 98004-5118 COMPANY
C
COMPANY
D
COVERAGES . . - ... . .THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
I
CO 1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR i 1 DATE(MM/DD/YY) DATE/MM/ODNY)
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO S
CLAIMS MADE I OCCUR PERSONAL B ADV INJURY $
OWNERS B CONTRACTORS PROT EACH OCCURRENCE S
- FIRE DAMAGE(Any one fire) S
MED EXP(Any one person) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT S
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) S
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident) S
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY EA ACCIDENT 5
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE I5
EXCESS LIABILITY AGGROCCURRENCE S
UMBRELLA FORM AGGREGATE 5
OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND STATUTORY LIMITS I
EMPLOYERS'LIABILITY
EACH ACCIDENT S
THE PROPRIETOR/ INCL DISEASE POLICY LIMIT S
PARTNERS/EXECUTIVE —
OFFICERS ARE. EXCL DISEASE EACH EMPLOYEE S
A OTHER I
PROFESSIONAL SPL701338 05/01/98 05/01/99 $1,000,000 EACH CLAIM AND
LIABILITY* IN THE AGGREGATE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO RETENTIONS)
PROJECT NPW38068; WETLAND STUDIES FOR SITE DEVELOPMENT
PROJECT MANAGER: KEITH MACDONALD/SEA
*FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY
PERIOD FOR ALL OPERATIONS OF THE INSURED THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
CERTIFICATE HOLDER .. - CANCELLATION -
1
CITY OF AUBURN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
AUBURN MUNICIPAL AIRPORT EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN JOHN ANDERSON 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AIRPORT DIRECTOR BUT FAILURE TO M SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
400 23RD STREET NORTHEAST OF ANY KIND &ON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUBURN WA 98002 AUTHORI REPR ENT E
AQOR[32S-$(3/93) - . . . . /jilt di ` J aSar."--4>ACORD CORPp TION 1993
p_ee 5 z-c--4 Li I /Z 7 q Y