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RESOLUTION NO. 2 8 6 6
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
AUTHORIZING
4 OF AUBURN, TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY AND I L GROSS, STRUCTURAL ENGINEERS, TO
5 PROVIDE WORKING DRAWINGS SHOWING SIMPLE METHODS TO STABILIZE
6 THE STRUCTURE OF HISTORIC BARN AND TOOL SHED AT OLSON CANYON,
IN PREPARATION FOR REROOFING AND RENOVATION
7
8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
9
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
10
Section 1 . The Mayor and City Clerk of the City of
11
12 Auburn, Washington, are hereby authorized to execute an
13 Agreement for Professional Services between the City and I L
14 GROSS, STRUCTURAL ENGINEERS, to provide working drawings
15
showing simple methods to stabilize the structure of historic
16
barn and tool shed at Olson Canyon, in preparation for
17
18 reroofing and renovation A copy of the Agreement is attached
19 hereto, designated as Exhibit "A" and incorporated by
20 reference in this Resolution
21
Section 2 The Mayor is hereby authorized to implement
22
23 such administrative procedures as may be necessary to carry
24 out the directives of this legislation
25
26
Resolution No 2866
August 7, 1997
Page 1
1
2 DATED and SIGNED this 18th day of August, 1997
3
4 CITY OF AUBURN
5
6 ``
7
��1QI4Ps
CHARLES A BOOTH
8 MAYOR
9
10 ATTEST
11 /'
13 vv
Robin Wohlhueter,
14 City Clerk
15
16
17 APPROVED AS TO FORM
18
19
20
Michael J Reynolds,
21 City Attorney
22
23
24
25
26
Resolution No 2866
August 7, 1997
Page 2
ORIGINAL
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King County, Washington,hereinafter referred to as "CITY" and with
I. L. GROSS, STRUCTURAL ENGINEERS, whose address is 207 1/2 First Avenue, South,
Suite 250, Seattle, WA 98104, 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.
Consultant will create working drawings showing simple methods to stabilize
the structure of historic barn and tool shed at Olson Canyon, in preparation for
their reroofing and eventual renovation.
2. TERM.
This work shall not exceed 16 hours of consulting time which shall begin
within one week after the City's Notice To Proceed.
3 COMPENSATION.
Shall be compensed at the rate of$85.00 per hour, not to exceed $1,360, plus
applicable taxes, for the total project. Work shall be billed on an hourly basis and
will be reimbursed within 30 days.
4 RESPONSIBILITY OF CONSULTANT
The CONSULTANT shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of all studies, analysis, designs, drawings, specifications,
reports and other services performed by the CONSULTANT under this Agreement. The
CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or
other deficiencies in its plans, designs, drawings, specifications, reports and other services
Agreement for Professional Services
May 16, 1997
Page 1 of 11
rEAU ages
required. The CONSULTANT shall perform its services to conform to generally accepted
professional architectural and engineering standards and the program requirements of the CITY
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except
as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment
for, any of the services shall be construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of this Agreement to the full
extent of the law
5 INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its elected
and appointed officials, employees and agents from any and all claims, demands and/or causes of
action of any kind or character whatsoever arising out of or relating to the CONSULTANT, its
employees, subcontractors or agents for any and all claims by any persons for alleged personal
injury, death or damage to their persons or property to the extent caused by the negligent acts,
errors or omission of the CONSULTANT, its employees, agents, subcontractors or
representatives and arising out of its performance of this Agreement except claims or suits
occasioned by the sole negligence of the City In the event that any suit or claim for damage,
related to this agreement, caused by said negligent acts, errors or omission is brought against the
CITY, the CONSULTANT shall defend the CITY at its sole cost and expense; provided that the
CITY retains the right to participate in said suit if any principle of governmental or public laws is
involved. And if final judgment be rendered against the CITY or jointly against the CITY and the
CONSULTANT and their respective officers, agents, subcontractors, employees or any of them,
the CONSULTANT agrees to fully satisfy the same and the CONSULTANT shall reimburse the
CITY for any cost and expense which the CITY has incurred as a result of such claim or suit.
The provisions of this section shall survive the expiration or termination of this Agreement.
Agreement for Professional Services
May 16, 1997
Page 2 of 11
6 INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent contractor
and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason
of entering into this Agreement except as otherwise provided herein. The parties agree that this
Agreement may not be assigned in whole or in part without the written consent of the CITY
7 INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage to property
which may arise from or in conjunction with services provided to the CITY by the
CONSULTANT, its agents, employees or subcontractors, under this Agreement. The
CONSULTANT agrees to provide commercial general liability insurance and shall maintain
liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE
MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide
and maintain professional liability coverage in the minimum liability limits of ONE 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 insured as respects: Liability arising out of the services or
responsibilities performed by or under obligation of the CONSULTANT under the terms of this
Agreement, by the CONSULTANT, its employees, agents and subcontractors.
Both the general liability and professional liability coverage shall provide that the
CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its
officials, employees and agents. Any insurance or self insurance maintained by the CITY, its
officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not
contribute with it. Each insurance policy required by this section of the Agreement shall be
endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or
Agreement for Professional Services
May 16, 1997
Page 3 of 11
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 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 by the City of any of the drawings, computer discs, documents, records,
books, specifications, reports, estimates, summaries and such other information and materials on
Agreement for Professional Services
May 16, 1997
Page 4 of 11 ji/_
extensions of this project or any other project without the written permission of the
CONSULTANT shall be at the CITY'S sole risk and the CITY agrees to defend, indemnify and
hold harmless the CONSULTANT from all claims, damage and expenses including attorney's fees
arising out of such unauthorized reuse of the CONSULTANTS drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such other
information and materials by the CITY, it's officials, employees or agents.
10 TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written notice to
the other party, and based upon any cause. In the event of termination due to the fault of other(s)
than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed
to the date of termination.
Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other
information and materials as the CONSULTANT may have accumulated, prepared or obtained in
performing this Agreement, whether completed or in process.
11 GENERAL PROVISIONS.
11 1 This Agreement shall be governed by the laws, regulations and ordinances of the
City of Auburn, the State of Washington, King County, and where applicable, Federal laws.
11.2. All claims, disputes and other matters in question arising out of, or relating to, this
Agreement or the breach hereof, except with respect to claims which have been waived, will be
decided by a court of competent Jurisdiction in King County, Washington. Pending final decision
of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the
performance of the services and obligations herein.
Agreement for Professional Services
May 16, 1997
Page 5 of 11 n „ I.gS(6/„
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 including reasonable attorneys fees and expenses and court costs
shall be paid to the substantially prevailing party
11 6. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
11 7 If any provision of this agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Agreement for Professional Services
May 16, 1997
Page 6 of 11 ^ 8
CITY OF AUBURN
� kctMLES ace,(-
Charles A. Booth, Mayor
Date '5 -20—?9
ATTEST
Robin Wohlhueter, City Clerk
AP'ROVED AS TO FORM.
r
1 A......� .l
Mic ael J Reynolds, City Attorney
I.L. Gross, Structural Engineers
BY /5& LflA4
Au h 'zed Signature
Ira L Gross, P E
Print or Type Name
TITLE. Principal
Address 2017 1/2 First Avenue South, #250
Address _ : _ . - '8104
Phone 706- 673-0769
Fax# 206-623-9081
Federal Tax ID if 91-1544222
Agreement for Professional Services
May 16, 1997
Page 7 of 11 /7 , 4 9"6
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that IRIS' G deOSS
- - . , is the person(s) who appeared before me, and said person(s)
acknowledged the he/she/they signed this instrument, on oath stated that he/she/they was/were
authorized:to execute the instrument and acknowledged it as
the_&VeR.? , of
Gea Cr st ti t mien 4. axiesNeerficorporation, sole proprietorship, partnership,
L.L.C.;or individual), to be the free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
Dated 41-30- 4l
Notary Pubfc i and for the State of Washington
residing at
My appointment expires: d2t-t/I, An/
Agreement for Professional Services
May 16, 1997
Page 8 of 11
A
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Charles A. Booth and Robin Wohlhueter
were the persons who appeared before me, and said persons acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledged
it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary
act of such arties for the uses and purposes mentioned in this instrument.
Dated 6- t `� C/ '7 ��II' � , �1
d�mua- " d tatiL
43' ,,, o B0T'SP 4. Notary Public in and for the State of Washington
7 y,�*�S 4 F#� My appointment expires /0- 9- 9 C/'
NOTARY 9m.
3 N� o Pueuc A�2
�9eBER9;1"�GL'"
REF H.\FORMS\FE054 (revised 12/96)
Agreement for Professional Services
May 16, 1997
Page 9 of 11
geitiol-Z6
CO, or
CHARLES A. BOOTH,MAYOR Lf•"■ AUBURN CITY CLERK
Danielle Daskam,City Clerk Auburn 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk llRl�.11 l l City Clerk:(253)931-3039
Tame Bothell,Records/License Clerk
Business Registration:(253)931 3007 Fax:(253)288-3132
Shiat t
STATE OF WASHINGTON )
) ss.
COUNTIES OF KING AND PIERCE )
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the counties of King
and Pierce, State of Washington, do hereby certify that the foregoing is a full,
true and correct copy of Resolution No. 2866 of the resolutions of the City of
Auburn, entitled "RESOLUTION NO 2866 "
I certify that said Resolution No 2866 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 18th day of August,
1997
Witness my hand and the seal of the City of Auburn this 28th day of November,
2000
J CU.tC(-L.(1- Adt,fr„,
Danielle'Daskam, City Clerk
City of Auburn
•
i
RECORDS MANAGEMENT
Ordinance No 5 6 Resolution No (94766,
Date Adopted 0 G
Copies to
1 ) Department Contact(s) c Cyy ( 7/17
Finance Department
(Copy if relates to fees, charges, or any accounting responsibility)
2.) Code Book:
3 ) Recording File
4 ) Citizen Requests:
NAME Address
cc: City Clerk
sCitYnp
AUBURN CITY CLERK
CHARLES lh BOOTH,MAYOR tt „< o y-.- :--.
Robin askam,eter,City Clerk ° t l"* ZS West Main, Auburn,WA 98001
City Clerk:(753)931-3039
Tani Bothell,Deport'City ensek # is � /Business Registration:(253)931-3007 Fax.(253)288-3132
Tame Bothell, Records/License Clerk e�
August 22, 1997
I.L. Gross, Structural Engineers
207 1/2 First Avenue South, Suite 250
Seattle, WA 98104
Re. Agreement for Professional Services
Dear I L. Gross:
The City of Auburn adopted Resolution No 2866 authorizing an Agreement for
Professional Services between the City and I.L. Gross, Structural Engineers to
provide working drawings showing simple methods to stabilize the structure of a
historic barn and tool shed at Olson Canyon in preparation of reroofing and
renovation.
Enclosed find an original Agreement for Professional Services that has been
executed by the City of Auburn along with a copy of Resolution No. 2866
Please sign the original Agreement, make a copy for your records, and return a
fully executed Agreement to the City Clerk's Office for filing with Resolution No
2866
In addition, Section 7 , Insurance, provides for commercial general liability
insurance and professional liability coverage both naming the City as an
additional insured Certificates showing proof of insurance may also be filed with
the City Clerk's Office.
Should you have any questions or comments, please contact Josie Emmons at
(253) 804-5049
Sincerely,
Charles A. Booth
Mayor
cc: Josie Emmons, Cultural Program Manager
RECORDS MANAGEMENT
ORDINANCE and RESOLUTION DISTRIBUTION/CHECKLIST
ORD 1 RES j -2- YCP( DATE ADOPTED- cZ I I 197
RECORDING FILE. O Y✓ PUBLICATION DATE. b I
CODE BOOK. EFFECTIVE DATE.
DEPARTMENT DISTRIBUTION
DEPARTMENT CONTACT DATE
CITIZEN REQUESTS
NAME ADDRESS DATE
CHECKLIST'
REQUIRED DOCUMENTATION DATE SENT DATE RECEIVED RECEIVED BY
Contract
Insurance Certificate m h 1-(Q
Recording ❑
Affidavit ❑
Misc:
Misc:
Affidavit Lavender
Contract/Affidavit Pink
Contract/Insurance/Affidavit Yellow
Contract/Recording/Affidavit Green
1F fclerk/records/Distribution-Checklist
ORDINANCES AND RESOLUTIONS PENDING INSURANCE
NAME RES/ORD NO. STATUS DATED
Requested certificate to cover period of 11/96 to
11/97 on 2/4/99 to Patti Zook- no response as of
KC Sexual Assault this date and no certificate received yet-contract
Resource Center RES 2811 signed 021897
I.I. Gross, Structural Nothing under I.L. or Gross (Historic Barn &Tool
Engineers RES 2866 Shed at Olson Canyon) -contract signed 081897
Have only received Auto Ins. at this time - last
correspondence with Caroline Bergt on 2/4/99-
Carolyn Browne RES 2921 contract signed 021798
Washington Women's
Employment and Last insurance received expired 2/7/97 for RES
Education RES 3047 2596 -contract signed 020199
Kate Kulzer and Kevin No certificate found (Artwork for Skatepark @
Spitzer RES 3059 Brannan Park) -contract signed 011999
Last certificate expired 12/31/98. Correspondence
dated 7/9/99 received from Paul Krauss to Mark @
W& H requesting updated certificate -contract
W& H Pacific Inc RES 3069 signed 031599
Puget Sound Energy RES 3090 No certificate found -contract signed 060799
020199,
RES 3044, 020199,
3036, 2941, These RES's range from 1998 thru 1999 -We 050498,
Auburn Food Bank 2936 have certificates 9/1/94 thru 10/5/97 040698
Sanitary Sewer Connection Agreement-The only
certificate we have is from Muckleshoot Indian
Interior Bureau of Casino for a Game Farm park picnic on 8/12-13/98
Indian Affairs ORD 4967 -contract signed 042197
For 2 access driveways for ingress/egress -The
only certificate we have is from Muckleshoot Indian
Muckleshoot Mall Casino for a Game Farm park picnic on 8/12-13/98
Retail Center ORD 5032 -contract signed 010598