HomeMy WebLinkAbout2824 1
RESOLUTION NO 2 8 2 4
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 FOR 1997 WITH PENTEC
5 ENVIRONMENTAL, INC TO PROVIDE ON-CALL WETLAND SERVICES FOR
6 THE CITY OF AUBURN
7
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
8
9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
10 Section 1 . The Mayor and City Clerk of the City of
11 Auburn are hereby authorized to execute an Agreement for
12
Professional Services for 1997 with PENTEC ENVIRONMENTAL, INC
13
to provide on-call wetland services for the City of Auburn A
14
15 copy of said Agreement is attached hereto, designated as
16 Exhibit "A" and incorporated by reference in this Resolution
17 Section 2 The Mayor is hereby authorized to implement
18
such administrative procedures as may be necessary to carry
19
20 out the directives of this legislation
21
22
23
24
25
26
Resolution No 2824
February 4, 1997
Page 1
1 DATED and SIGNED this 18th day of February, 1997
2
3
4 CITY OF AUBURN
5
6 /'�
7 QkctrJE Icy 0�-I .
CHARLES A BOOTH
8 MAYOR
9
10
ATTEST
11
12
13 fatiA(jalikika(/(
14 Robin Wohlhueter,
City Clerk
15
16
17
18
APPROVED AS TO FORM
19
20
``
21 1 1 1 4 (..,5 `)
22 Michael J Reynolds,
City Attorney
23
24
25
26
Resolution No 2824
February 4, 1997
Page 2
AGREEMENT FOR PROFESSIONAL SERVICES ORIGINAL
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 Pentec Environmental,
whose address is 120 Third Avenue South, Suite 110 , Edmonds, WA
98020 , 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 attached Exhibit A
2 TERM.
See attached Exhibit B for presently estimated
schedule
3 COMPENSATION.
City shall pay CONSULTANT for all services rendered on
the basis of time and materials per the hourly billing rate and
reimbursable expenses schedule as found on the attached Exhibits
C-5 , D-1, D-2 , G-1 and G-2
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
Agreement for Professional Services
RES NO.LS'al (FE054) to(k1brt A'
January 27, 1997
Page 1 of 11
specifications, reports and other services required The
CONSULTANT shall perform its services to conform to generally
accepted professional engineering standards and the program
requirements of the CITY
Any approval by the CITY under this Agreement shall not in
any way relieve the CONSULTANT of responsibility for the
technical accuracy and adequacy of its services Except as
otherwise provided herein, neither the CITY' S review, approval or
acceptance of, nor payment for, any of the services shall be
construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the
performance of this Agreement to the full extent of the law
5 INDEMN FICATION/HOLD HARMLESS .
The CONSULTANT agrees to defend, indemnify and hold harmless
the CITY, its elected and appointed officials, employees and
agents from any and all claims , demands and/or causes of action
of any kind or character whatsoever arising out of or relating to
the CONSULTANT, its employees , subcontractors or agents for any
and all claims by any persons for alleged personal injury, death
or damage to their persons or property to the extent caused by
the negligent acts, errors or omission of the CONSULTANT, its
employees , agents, subcontractors or representatives and arising
out of its performance of this Agreement In the event that any
suit or claim for damage is brought against the CITY, the
CONSULTANT shall defend the CITY at its sole cost and expense ;
Agreement for Professional Services
RES NO.ZS)A1 (FE054) exhc bit- A-
December 2, 1996
Page 2 of 11
provided that the CITY retains the right to participate in said
suit if any principle of governmental or public laws is involved;
and if final judgment be rendered against the CITY and/or its
officers, agents or employees or any of them, or jointly against
the CITY and the CONSULTANT and their respective officers,
agents , subcontractors, employees or any of them, the CONSULTANT
agrees to fully satisfy the same and the CONSULTANT shall
reimburse the CITY for any cost and expense which the CITY has
incurred as a result of such claim or suit The provisions of
this section shall survive the expiration or termination of this
Agreement
S INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an
independent contractor and not the agent or employee of the CITY
and that no liability shall attach to the CITY by reason of
entering into this Agreement except as otherwise provided herein
The parties agree that this Agreement may not be assigned in
whole or in part without the written consent of the CITY
7 INSURANCE.
CONSULTANT shall procure and maintain for the duration of
this Agreement, commercial general liability insurance against
claims for injuries to persons or damage to property which may
arise from or in conjunction with services provided to the CITY
by the CONSULTANT, its agents , employees or subcontractors , under
this Agreement The CONSULTANT agrees to provide commercial
Agreement for Professional Services
RES NO -Aire4 (FE054) enHibrk A-
December 2, 1996
Page 3 of 11
general liability insurance and shall maintain liability limits
of no less then ONE MILLION DOLLARS ($1 , 000 , 000) per occurrence
and ONE MILLION DOLLARS ($1 , 000, 000) general aggregate The
CONSULTANT shall also provide and maintain professional liability
coverage in the minimum liability limits of ONE MILLION DOLLARS
($1 , 000 , 000) per claim and ONE MILLION DOLLARS ($1 , 000 , 000 )
aggregate
The general liability coverage shall also provide that the
CITY, its officers, employees and agents are to be covered as
additional 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, ics 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
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
Agreement for Professional Services
2
RES NO. 3+" (FE054) t?b- R'
December 2, 1996
Page 4 of 11
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 NONDISCRIM NATION
The CONSULTANT may not discriminate regarding any services
or activities to which this Agreement may apply directly or
through contractual , hiring, or other arrangements on the grounds
of race, color, creed, religion, national origin, sex, age, or
where there is the presence of any sensory, mental or physical
handicap
9 OWNERSHIP OF RECORDS AND DOCUMENTS .
The CONSULTANT agrees that any and all drawings , computer
discs , documents, records, books , specifications, reports ,
estimates, summaries and such other information and materials as
the CONSULTANT may have accumulated , prepared or obtained as
part of providing services under the terms of this Agreement by
the CONSULTANT, shall belong to and shall remain the property of
the CITY OF AUBURN In addition, the CONSULTANT agrees to
maintain all books and records relating to its operation and
concerning this Agreement for a period of three (3 ) years
following the date that this Agreement is expired or otherwise
terminated The CONSULTANT 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
Agreement for Professional Services
RES NO. 2.1a11- (FE054) L%hln,b7
December 2, 1996
Page 5 of 11
the three (3 ) year period The CONSULTANT also agrees to provide
to the CITY, at the CITY' S request, the originals of all
drawings, documents, and items specified in this Section and
information compiled in providing services to the CITY under the
terms of this Agreement Reuse by the City of any of the
drawings, computer discs, documents , records, books,
specifications, reports, estimates, summaries and such other
information and materials on extensions of this project or any
other project without the written permission of the CONSULTANT
shall be at the CITY' S sole risk and the CITY agrees to defend,
indemnify and hold harmless the CONSULTANT from all claims,
damage and expenses including attorney' s fees arising out of such
unauthorized reuse of the CONSULTANTS drawings, computer discs,
documents, records , books , specifications, reports , estimates,
summaries and such other information and materials by the CITY,
it ' s officials , employees or agents
10 TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty
(20) days written notice to the other party, and based upon any
cause In the event of termination due to the fault of other (s)
than the CONSULTANT, the CONSULTANT shall be paid by the CITY for
services performed to the date of termination
Upon receipt of a termination notice under the above
paragraph, the CONSULTANT shall (1) promptly discontinue all
services affected (unless the notice directs otherwise) , and (2)
Agreement for Professional Services
RES N0.2�e'f (FE054) e441 A-
December 2, 1996
Page 6 of 11
deliver to the CITY all data, drawings , specifications , reports,
estimates, summaries, and such other information and materials as
the CONSULTANT may have accumulated, prepared or obtained in
performing this Agreement, whether completed or in process
11 GENERAL PROV SIONSL
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
Agreement for Professional Services
RES. NO.2?' (FE054) 'xh bi - P'
December 2, 1996
Page 7 of 11
11 5 Should it become necessary to enforce any term or
obligation of this Agreement, then all costs of enforcement
including reasonable attorneys fees and expenses and court costs
shall be paid to the substantially prevailing party
11 6 The CONSULTANT agrees to comply with all local , state
and federal laws applicable to its performance under this
Agreement
11 7 If any provision of this agreement is invalid or
unenforceable, the remaining provisions shall remain in force and
effect
Agreement for Professional Services
RES 010.2X2"/- (FE054)
December 2, 1996
Page 8 of 11
CITY OF AUBURN
CHARLES A BOOT
MAYOR
ATTEST
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM
1I 11
Michael J Reynolds,
City Attorney
(NAME OF CONSULTANT)
Pest Pic ✓iron merci d, Zrtc
BY .002 Chi
TITLE PreSic�Prt#
Address /2O - 3124 ,4ve. 6.i µl-Fe/fa
Address tima✓tJS, W/4 98'OZ0
Phone 2-66- PPS- 4682
Agreement for Professional Services
RES NO ZXat{ (FE054) ONIA1"14
December 2, 1996
Page 9 of 11
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Fax 2.06. 770-9Y/ 7
Federal Tax ID # C11-15SH8"3
Agreement for Professional Services
RES NO.Lfr_ (FE054) 6L�b;t (�„ llllll
December 2, 1996 ,N
Page 10 of 11 g51oN Ft
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EXHIBIT A
Scope of Work
PR 548
Pentec Environmental Inc. (Pentec) will provide on-call wetland services for the City
of Auburn. Services may include wetland investigations and delineations, mitigation
planning, assistance in obtaining environmental permits, and general consultation regarding
wetland-related issues. Reports documenting the work performed, including wetland
locations, discrete wetland boundaries, and wetland characteristics will be provided when
necessary
21d4 00\11;4 4
EXHIBIT B
SCHEDULE
J GNEOVLE Tr BE FvRNt gH ED PER p T
00 exPIR-
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 dunng 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.
5xl,N111,,\ 254?4-1 _
Local Agency Guidelines --------
September 1995
Page 25 of 34
1
EXHIBIT D
CONSULTANT FEE DETERMINATION - SUMMARY SHEET
(SPECIFIC RATES OF PAY)
1997 FEE SCHEDULE
Rate per
Job title hour
Houghton, Jon 117 91
McDowell, Mike The detailed direct pay 118.54
Jackson, Rhett overhead, and profit information 81.80
Sargent, Ken was provided directly to Les 70 74
Zemke, Lizzie Brattain, Engineer Public 59.24
Works, City of Auburn.
McArthur, Kerrie 32.31
Technical Editor 47 16
Word Processor 47.04
Drafter/Graphic Designer 35.37
Budget Coordinator 42.57
Project Assistance 32.80
Histftwenlclent•auburnVate97.xb
Pen!ec
page 1
EXHIBIT D-2
CONSULTANT FEE DETERMINATION- SUMMARY SHEET
(SPECIFIC RATES OF PAY)
1997 FEE SCHEDULE
Hourly Overhead Profit Rate per
Job title rate 166.76% 12.00% hour
Houghton, Jon 39.46 65.81 12.63 117.91
McDowell, Mike 39.68 66.16 12.70 118.54
Jackson, Rhett 27.38 45.66 8.76 81.80
Sargent, Ken 23.68 39.49 7.58 70.74
Zemke, Lizzie 19.83 33.06 6.35 59.24
McArthur, Kerrie 10.82 18.04 3.46 32.31
Technical Editor 15.79 26.32 5.05 47 16
Word Processor 15.74 26.26 5.04 47.04
Drafter/Graphic Designer 11.84 19.74 3.79 35.37
Budget Coordinator 14.25 23.76 4.56 42.57
Project Assistance 10.98 18.31 3.51 32.80
e.sbNuvenlchentstauburnVate97.xb
- Si
CONFIDENTIAL
Pen tec
page 1
tc c a1 V t ;•AhtbtaA"
SUSAN BLACK&
ASSOCIATES
2 NICKERSON STREET SUITE 105
SEATTLE WA 91109
12061 2114090 Fu 12061 I51,0176
G —z
EXHIBIT43-2-
CONSULTANT FEE DETERMINATION - SUMMARY SHEET
(SPECIFIC RATES OF PAY)
1997 FEE SCHEDULE
Cumulative
Job Title Direct Waste Overhead (163.2%) Profit (10%) Rate per hour
Susan Black $30 00 $48.96 $7 90 $86.86
Robert Harding $30.00 $48 96 $7.90 $86.86
Jay Rood $30 00 $48.96 57 90 586.86
Charles Warsinske $30 00 S48 96 $7 90 586.86
LANDSCAPE ARCHITECTURE • URBAN I1ESICN • ENVIRONMENTAL PLANNING
A G/`\S k A-
I
4 _
,4CORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/Y/)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF5INFO MATION
SECGWICK JAMES OF WA
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SUITE 1700 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2101 FOURTH AVENUE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
SEATTLE. WA 98121 COMPANIES AFFORDING COVERAGE
COMPANY
A Feder_al—Insur_ance__Company
INSURED COMPANY
B
Pentec Environmental. Inc.
490e3H41Ai4b1 6e S . , Suite 110 COMPANY
Edmonds WA 9E021
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.
CO TYPE OF INSURANCE POUCY NUMBER I POLICY EFFECTIVE POUCY EXPIRATION I UNITS
LTR I DAT 04M14/ PM DAT/E SMM/DD
A ENERAL LIABILITY 3 53-3-E 2--9 2 , 4/F- o f 9 I 44 d-0/-9-C:. GENERAL AGGREGATE S G44t —
• lLCavfr
—I COMMERCIAL GENE L LIABILITY I PRODUCTS-COMP/OP AGG S n/•t• SP e-
X I CLAIMS MADE [ -1 OCCUR i PERSONAL&ADV INJURY I$1-t-cl - c',
J°'Cf ` rt iSVAUu`P5rstRPta P GAP I EACH OCCURRENCE $ i l3 o IMC
FIRE DAMAGE(My one fire) I$ 5 a
4 I 1 7321-61 -02 Y.-/-Z-0%9_7__4f 470,-9i I MEDE%P(Any one person) I.5
IAUTO MOBILE LIABILITY I
I I ANY AUTO 1 I COMBINED SINGLE OMIT 5 100000 I
I
I ALL OWNED AUTOS I BODILY INJURY S
I K—SCHEDULED AUTOS I(Per person)
HIRED AUTOS 1 BODILY INJURY
II NON-OWNED AUTOS (Per accident) $
I PROPERTY DAMAGE S
GARAGE LIABILITY I ONLY EA ACCIDENT f
ANY AUTO I OTHER THAN AUTO ONLY:
I I EACH ACCDENT I S
AGGREGATE I$
I EXCESS LIABILITY EACH OCCURRENCE S
I UMBRELLA FORM AGGREGATE S
I 1 OTHER THAN UMBRELLA FORM I S
svC WORKERS COMPENSATION AND OR SUMIT OTH- I
EMPLOYERS'UABILITY TORY UMITB I ER
EL EACH ACCIDENT S
THE PROPRIETOR/ INCL EL DISEASE POUCY UMIT f
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE S
OTHER I
I �
l tKliftgfirr ft Ugl1l?K] c°FVLOYEES AND AGENTS ARE ADDITIONAL INSUREDS
AS RESPECTS OPERATIONS OF THE NAMED +INSURED. THIS INSURANCE IS
.PRIMARY.
CERTIFICATE NOLDERrn.r„-; 1-14 17:1-4 -j,r:` aCANCELLATIONL ?;�:z»tTN:3 7•.`'~`3 .:1_::-: ---P- ;- :T. .-
C I T Y r 0 F-AUBURN - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE
A T T N: CAROLINE B E R G T EXnTION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO NAIL
25 W MAIN _DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER MIMED TO THE LEFT,
A U 3 U RN, 'WA 98001"4998 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR WISILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
�AAUU/THHOORRRIIZED REPRESE TAME �� eff/
ACORD 25-S (1/95)-,..17;1:-.P42-1:--=: :-- - -- - - - _ - ®ACORD CORPORATION 1988
I - R* CFATbS T
To Robin Wohlhueter @Finance @Admin
Cc
Bcc
From Caroline Bergt @Engineer @Admin
Subject Res 2824 Pentec
Date Wednesday, March 5, 1997 13 34 30 PST
Attach
Certify N
Forwarded by
Re insurance certificate It has not come in yet As part of my regular
process when I mail the Consultant their copy of the contract I request the
ceritificate of insurance (as per Section 7 of the agreement) and explain to
them that no payment will be made until it is received As soon as it comes
in, I will forward the original to you as is the usual practice But be
aware that sometimes it is a month or so before I receive it
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