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HomeMy WebLinkAbout2901 1 RESOLUTION NO 2 9 0 1 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY OF AUBURN TO ENTER INTO A 4 PROFESSIONAL SERVICE CONTRACT WITH INCA ENGINEERS, INC , FOR 5 ENGINEERING/SURVEYING SERVICES FOR 1998 6 WHEREAS, the City Engineer anticipates the increased 7 number of public works improvement projects scheduled for 8 9 calendar year 1998 will exceed the capacity of the Engineering 10 Survey Section to maintain construction schedules; 11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 12 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 13 RESOLVES THAT 14 15 Section 1. The Mayor and City Clerk of the City of 16 Auburn are hereby authorized to execute an Agreement for 17 Professional Services between the City and INCA ENGINEERS, 18 INC for engineering/surveying services for 1998 A copy of 19 said Agreement is attached hereto, designated as Exhinit "A" 20 21 and incorporated by reference in this Resolution 22 Section 2 The Mayor is hereby authorized to implement 23 such administrative procedures as may be necessary to carry 24 out the directives of this legislation 25 26 Resolution No 2901 December 16 1997 Page 1 1 DATED and SIGNED this 5th day of January, 1998 2 3 4 CITY OF AUBURN 5 6 7 Q.4.011€-S a:htic CHARLES A BOOTH 8 MAYOR 9 ATTEST 10 11 12 /4.1(1)1 r ikabdaCLr Danielle E Daskam, 13 City Clerk 14 15 16 APPROVED AS TO FORM 17 18 ; Ur 19 Z/� 20 Michael J Reynolds, City Attorney 21 22 23 24 25 26 Resolution No 2901 December 16, 1997 Page 2 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: I Goals for Disadvantaged Business Enterprises GENERAL DESCRIPTION OF WORK (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of The work under this AGREEMENT shall consist of this AGREEMENT the above-described work and services as herein defined and necessary to accomplish the completed All reports, PS & E materials, and other data work for this PROJECT The CONSULTANT shall furnished to the CONSULTANT by the AGENCY furnish all services, labor and related equipment shall be returned. All designs, drawings, necessary to conduct and complete the work as specifications, documents, and other work products designated elsewhere in this AGREEMENT prepared by the CONSULTANT prior to completion or termination of this AGREEMENT II are instruments of service for this PROJECT and are SCOPE OF WORK property of the AGENCY Reuse by the AGENCY or by others acting through or on behalf of the The Scope of Work and project level of effort for AGENCY of any such instruments of service, not this project is detailed in Exhibit "B" attached occurring as a part of this PROJECT, shall be hereto, and by this reference made a part of this without liability or legal exposure to the AGREEMENT CONSULTANT III IV GENERAL REQUIREMENTS TIME FOR BEGINNING AND COMPLETION All aspects of coordination of the work of this The CONSULTANT shall not begin any work AGREEMENT, with outside agencies, groups or under the terms of this AGREEMENT until individuals shall receive advance approval by the authorized in writing by the AGENCY All work AGENCY Necessary contacts and meetings with under this AGREEMENT shall be completed by the agencies, groups or individuals shall be coordinated date shown in the heading of this AGREEMENT through the AGENCY under completion date. The CONSULTANT shall attend coordination, The established completion time shall not be progress and presentation meetings with the extended because of any delays attributable to the AGENCY or such Federal, Community, State, City CONSULTANT but may be extended by the or County officials, groups or individuals as may be AGENCY, in the event of a delay attributable to the requested by the AGENCY The AGENCY will AGENCY, or because of unavoidable delays caused provide the CONSULTANT sufficient notice prior by an act of GOD or governmental actions or other to meetings requiring CONSULTANT participation. conditions beyond the control of the The minimum number of hours or days notice-- CONSULTANT A prior supplemental agreement required shall be agreed to between the AGENCY issued by the AGENCY is required to extend the and the CONSULTANT and shown in Exhibit"B" established completion time. attached hereto and made part of this AGREEMENT The CONSULTANT shall prepare V a monthly progress report, in a form approved by PAYMENT the AGENCY, that will outline in written and graphical form the various phases and the order of The CONSULTANT shall be paid by the AGENCY performance of the work in sufficient detail so that for completed work and services rendered under this the progress of the work can easily be evaluated. AGREEMENT as provided in Exhibit"C" attached Local Agency Guidelines Page 2 of 24 September 1995 hereto, and by this reference made part of this other consideration, contingent upon or resulting AGREEMENT' Such payment shall be full from the award or making of this contract. For compensation for work performed or services breach or violation of this warrant, the AGENCY rendered and for all labor, materials, supplies, shall have the right to annul this AGREEMENT equipment, and incidentals necessary to complete without liability, or in its discretion, to deduct from the work specified in Section II, "Scope of Work." the AGREEMENT price or consideration or The CONSULTANT shall conform with all otherwise recover the full amount of such fee, applicable portions of 48 CFR 31 commission, percentage, brokerage fee, gift, or contingent fee. VI SUBCONTRACTING Any and all employees of the CONSULTANT or other persons while engaged in the performance of The AGENCY permits subcontracts for those items any work or services required of the of work as shown in Exhibit"G" to this Agreement. CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only Compensation for this subconsultant work shall be and not of the AGENCY, and any and all claims based on the cost factors shown on Exhibit"G", that may or might arise under any Workmen's attached hereto and by this reference made a part of Compensation Act on behalf of said employees or this AGREEMENT other persons while so engaged, and any and all claims made by a third party as a consequence of The work of the subconsultant shall not exceed its any act or omission on the part of the maximum amount payable unless a prior written CONSULTANT's employees or other persons while approval has been issued by the AGENCY so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation All reimbursable direct labor, overhead, direct non- and responsibility of the CONSULTANT salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as The CONSULTANT shall not engage, on a full or outlined in Section V All subcontracts exceeding part time basis, or other basis, during the period of $10,000 in cost shall contain all applicable the contract, any professional or technical personnel provisions of this AGREEMENT who are, or have been, at any time during the period of the contract, in the employ of the United States The CONSULTANT shall not subcontract for the Department of Transportation, the STATE, or the performance of any work under this AGREEMENT AGENCY, except regularly retired employees, without prior written permission of the AGENCY without written consent of the public employer of No permission for subcontracting shall create, such person. between the AGENCY and subcontractor, any contractor or any other relationship. VIII NONDISCRIMINATION VII EMPLOYMENT The CONSULTANT agrees not to discriminate against any client, employee or applicant for The CONSULTANT warrants that he/she has not employment or for services because of race, creed, employed or retained any company or person, other color, national origin, marital status, sex, age or than a bona fide employee working solely for the handicap except for a bona fide occupational CONSULTANT, to solicit or secure this contract, qualification with regard to, but not limited to the and that it has not paid or agreed to pay any following: employment upgrading, demotion or company or person, other than a bona fide employee transfer, recruitment or any recruitment advertising, working solely for the CONSULTANT, any fee, a layoff or terminations, rates of pay or other forms commission,percentage, brokerage fee, gift, or any of compensation, selection for training, rendition of Local Agency Guidelines Page 3 of 24 September 1995 services. The CONSULTANT understands and competitive bidding or negotiation made by agrees that if it violates this provision, this the CONSULTANT for work to be AGREEMENT may be terminated by the AGENCY performed under a subcontract, including and further that the CONSULTANT shall be barred procurements of materials or leases of from performing any services for the AGENCY equipment, each potential subconsultant or now or in the future unless a showing is made supplier shall be notified by the satisfactory to the AGENCY that discriminatory CONSULTANT of the CONSULTANT's practices have terminated and that recurrence of obligations under this AGREEMENT and such action is unlikely the Regulations relative to nondiscrimination on the grounds of race, During the performance of this AGREEMENT, the creed, color, sex, age, marital status, CONSULTANT, for itself, its assignees and national origin and handicap. successors in interest agrees as follows: D INFORMATION AND REPORTS. The A. COMPLIANCE WITH REGULATIONS CONSULTANT shall provide all The CONSULTANT shall comply with the information and reports required by the Regulations relative to non discrimination in Regulations, or directives issued pursuant the same manner as in Federal-assisted thereto, and shall permit access to its books, programs of the Department of records, accounts, other sources of Transportation, Title 49, Code of Federal information, and its facilities as may be Regulations, part 21, as they may be determined by the AGENCY to be pertinent amended from time to time, (hereinafter to ascertain compliance with such referred to as the Regulations), which are Regulations or directives. Where any herein incorporated by reference and made a information required of the CONSULTANT part of this AGREEMENT The consultant is in the exclusive possession of another shall comply with the American Disabilities who fails or refuses to furnish this Act of 1992, as amended. information the CONSULTANT shall so certify to the AGENCY, or the United B. NONDISCRIMINATION The States Department of Transportation as CONSULTANT with regard to the work appropriate, and shall set forth what efforts performed by it during the AGREEMENT, it has made to obtain the information. shall not discriminate on the grounds of race, creed, color, sex, age, marital status, E. SANCTIONS FOR NONCOMPLIANCE. national origin or handicap except for a hi the event of the CONSULTANT's bona fide occupational qualification in the noncompliance with the nondiscrimination selection and retention of subconsultants, provisions of this AGREEMENT, the including procurements of materials and AGENCY shall impose such sanctions as it leases of equipment. The CONSULTANT or the Federal Highway Administration may shall not participate either directly or determine to be appropriate, including, but indirectly in the discrimination prohibited not limited to: by Section 21.5 of the Regulations, including employment practices when the 1 Withholding of payments tot he contract covers a program set forth in CONSULTANT under the Appendix II of the Regulations. AGREEMENT until the CONSULTANT complies, and/or C SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING 2. Cancellation, termination or PROCUREMENTS OF MATERIALS AND suspension of the AGREEMENT, in EQUIPMENT In all solicitations either by whole or in part Local Agency Guidelines Page 4 of 24 September 1995 between the surviving members of the provided however, that if an action is brought CONSULTANT and the AGENCY, if the challenging the Director of Public Works or AGENCY so chooses. AGENCY Engineer's decision,that decision shall be subject to de novo judicial review In the event of the death of any of the parties listed in the previous paragraph, should the surviving XII members of the CONSULTANT, with the VENUE,APPLICABLE LAW AND AGENCY's concurrence, desire to terminate this PERSONAL JURISDICTION AGREEMENT, payment shall be made as set forth in the second paragraph of this section. In the event that either party deems it necessary to institute legal action or proceeding to enforce any Payment for any part of the work by the AGENCY right or obligation under this AGREEMENT, the shall not constitute a waiver by the AGENCY of parties hereto agree that any such action shall be any remedies of any type it may have against the initiated in the Superior court of the State of CONSULTANT for any breach of this Washington, situated in the county the AGENCY is AGREEMENT by the CONSULTANT, or for located in. The parties hereto agree that all failure of the CONSULTANT to perform work questions shall be resolved by application of required of it by the AGENCY Forbearance of any Washington law and that the parties to such action rights under the AGREEMENT will not constitute shall have the right of appeal from such decisions of waiver of entitlement to exercise those rights with the Superior court in accordance with the laws of respect to any future act or omission by the the State of Washington. The CONSULTANT CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated X in the county in which the AGENCY is located in. CHANGES OF WORK XIII The CONSULTANT shall make such changes and LEGAL RELATIONS AND INSURANCE revisions in the complete work of this AGREEMENT as necessary to correct errors The CONSULTANT shall comply with all Federal, appearing therein, when required to do so by the State, and local laws and ordinances applicable to AGENCY, without additional compensation the work to be done under this AGREEMENT thereof. Should the AGENCY find it desirable for This AGREEMENT shall be interpreted and its own purposes to have previously satisfactorily construed in accord with the laws of Washington. completed work or parts thereof changed or revised, the CONSULTANT shall make such revision as The CONSULTANT shall indemnify and hold the directed by the AGENCY This work shall be AGENCY and the STATE, and their officers and considered as Extra Work and will be paid for as employees harmless from and shall process and herein provided under Section XIV defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part XI from the CONSULTANT's negligence or breach of DISPUTES any of its obligations under this AGREEMENT, provided that nothing herein shall require a Any dispute concerning questions of fact in CONSULTANT to indemnify the AGENCY and connection with the work not disposed of by the STATE against and hold harmless the AGREEMENT between the CONSULTANT and AGENCY and the STATE from claims, demands or the AGENCY shall be referred for determination to suits based solely upon the conduct of the the Director of Public Works or AGENCY AGENCY and the STATE, their agents, officers Engineer, whose decision in the matter shall be final and employees and provided further that if the and binding on the parties of this AGREEMENT, claims or suits are caused by or result from the Local Agency Guidelines Page 6 of 24 September 1995 concurrent negligence of(a) the CONSULTANT's Insurance Coverage agents of employees and (b) the AGENCY and the STATE, their agents, officers and employees, this A. Worker's compensation and employer's indemnity provision with respect to (1) claims or liability insurance as required by the suits based upon such negligence, (2) the costs to STATE. the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforceable B General commercial liability insurance in an only to the extent of the CONSULTANT's amount not less than a single limit of one negligence or the negligence of the million and 00/100 Dollars ($1,000,000.00) CONSULTANT's agents or employees. for bodily injury, including death and property damage per occurrence. The CONSULTANT's relation to the AGENC\ shall be at all times as an independent contractor C Professional liability coverage including errors and omissions coverage in the The CONSULTANT specifically assumes potential minimum liability limits of one million and liability for actions brought by the 00/100 Dollars ($1,000,000.00) CONSULTANT's own employees against the AGENCY and, solely for the purpose of this Excepting the Worker's Compensation insurance indemnification and defense, the CONSULTANT and any professional liability insurance secured by specifically waives any immunity under the state the CONSULTANT, the AGENCY will be named industrial insurance law, Title 51 RCW The on all certificates of insurance as an additional CONSULTANT recognizes that this waiver was insured. The CONSULTANT shall furnish the specifically entered into pursuant to the provisions AGENCY with verification of insurance and of RCW 4.24 115 and was the subject of mutual endorsements required by this AGREEMENT The negotiation. AGENCY reserves the right to require complete, certified copies of all required insurance policies at Unless otherwise specified in the AGREEMENT, any time. the AGENCY shall be responsible for administration of construction contracts, if any, on All insurance shall be obtained from an insurance the project. Subject to the processing of an company authorized to do business in the State of acceptable, supplemental agreement, the Washington. The CONSULTANT shall submit a CONSULTANT shall provide on-call assistance to verification of insurance as outlined above within the AGENCY during contract administration. By 14 days of the execution of this AGREEMENT to providing such assistance, the CONSULTANT shall the AGENCY assume no responsibility for proper construction techniques,job site safety, or any construction No cancellation of the foregoing policies shall be contractor's failure to perform its work in effective without thirty (30) days prior notice to the accordance with the contract documents. AGENCY The CONSULTANT shall obtain and keep in force The CONSULTANT's professional liability to the during the terms of the AGREEMENT, or as AGENCY shall be limited to the amount payable otherwise required, the following insurance with under this AGREEMENT or one million dollars, companies or through sources approved by the State whichever is the greater unless modified by Exhibit Insurance Commissioner pursuant to RCW 48. "I-I' In no case shall the CONSULTANT's professional liability to third parties be limited in any way Local Agency Guidelines Page 7 of 24 September 1995 The AGENCY will pay no progress payments under increased except by specific written Section V until the CONSULTANT has fully supplement to this AGREEMENT complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may XV take such other action as is available to them under ENDORSEMENT OF PLANS other provisions of this AGREEMENT, or otherwise in law The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data XIV furnished by him. EXTRA WORK XVI A. The AGENCY may at any time, by written FEDERAL AND STATE REVIEW order, make changes within the general scope of the AGREEMENT in the services The Federal Highway Administration and the to be performed. Washington State Department of Transportation shall have the right to participate in the review or B If any such change causes an increase or examination of the work in progress. decrease in the estimated cost of, or the time required for, performance of any part of the XVII work under this AGREEMENT, whether or CERTIFICATION OF THE CONSULTANT not changed by the order, or otherwise AND THE AGENCY affects any other terms and conditions of the AGREEMENT, the AGENCY shall make Attached hereto as Exhibit"A-1", are the an equitable adjustment in the (1) maximum Certifications of the Consultant and the Agency, amount payable; (2) delivery or completion Exhibit"A-2" Certification regarding debarment, schedule, or both; and (3) other affected suspension and other responsibility matters - terms and shall modify the AGREEMENT primary covered transactions, Exhibit "A-3" accordingly Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" C. The CONSULTANT must submit its Certificate of Current Cost or Pricing Data. "request for equitable adjustment" (hereafter Exhibits "A-3" and"A-4" arc only required in referred to as claim under this clause within Agreements over$100,000 30 days from the date of receipt of the written order. However, if the AGENCY XVIII decides that the facts justify it, the COMPLETE AGREEMENT AGENCY may receive and act upon a claim submitted before final payment of the This document and referenced attachments contains AGREEMENT all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of D Failure to agree to any adjustment shall be a either party has authority to make, and the parties dispute under the Disputes clause. shall not be bound by or be liable for, any However, nothing in this clause shall excuse statement, representation,promise or agreement not the CONSULTANT from proceeding with set forth herein. No changes, amendments, or the AGREEMENT as changed. modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties E. Notwithstanding the terms and condition of as an amendment to this AGREEMENT paragraphs (a) and (b) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be Local Agency Guidelines Page 8 of 24 September 1995 XIX ratify and adopt all statements, representations, EXECU LION AND ACCEPTANCE warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted This AGREEMENT may be simultaneously by the CONSULTANT, and does hereby accept the executed in several counterparts, each of which AGREEMENT and agrees to all of the terms and shall be deemed to be an original having identical conditions thereof. legal effect. The CONSULTANT does hereby In witness whc of, the pa 'es hereto have executed this AGREEMENT as of the day and year first above written. Cr ii By �' By \ Lt.-46S a3 —moor, Cl r�rtes F4- oor-ti rdConsultant �-i � Agency C 17y a r- FW GiuR-h— Principal Local Agency Guidelines Page 9 of 24 September 1995 EXHIBIT "A-1" CERTIFICATION OF CONSULTANT Project No. Local Agency I hereby certify that I am z7i4Ai Picrsu4..4 vie c-Pteasiormer and duly authorized representative of the firm of /.ue - a-Ala Na?COS. , MAC whose address is rt a 4-0o I/2—.'lvE.VE,SUM-400 ,8EcC6vura 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 c c r on i i this contract involving participation of Federal aid funds and is subject to applicable Sta • ! / iws, both criminal and civil. 71' �,,'7 iI �, Date Signature CERTIFICATION OF AGENCY OFFICIAL I hereby certify that I am the AGENCY Official of the Local Agency of C, 4 i D breom1M.1 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. Q1(13th les- If) iapc:f( Date Signature Local Agency Guidelines Page 10 of 24 September 1995 EXHIBIT "A-2" CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS 1 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 l.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): , L /t/t/z! ---777/)7 teen .-477 C /g, 05'5-7 041-4 AI '4 (JP Date President or Authorized 0 icial of Consultant (Signature) Local Agency Guidelines Page 11 of 24 September 1995 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: 1 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 $100,000 and that all such subrecipients shall certify and disclose accordingly Consultant (Firm): y ‘,„/ //$ 56�1� ' g05_77 as, Si Date President or Authorized Official of Consultant (Signature) Local Agency Guidelines Page 12 of 24 September 1995 EXHIBIT "A-4" CERTIFICATE OF CURRENT COST OR PRICING DATA This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of o v-e ac c 5 cattier acc aer * are accurate, complete, and current as of /3/4 7/9 7 ** This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm /A/c. I 4 e 5 , /n./G. Name ±•J� Title Wcer PleGS loci - r Date of Execution*** / 2 din * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number(e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. ***Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to Local Agency Guidelines Page 13 of 24 September 1995 EXHIBIT `B-l" SCOPE OF WORK Project No. L urve e and drafting services includin g. but not limited to. Topographic, Design. Boundary and Construction surveys. Topographic drawings in an AutoCad. DCA format. 2. All survey procedures shall be performed under the direction of a Professional Land Surveyor licensed by the State of Washington. 3. This Agreement shall terminate on December 31. 1998. DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Field Survey procedures shall be documented in "Rite-in-the-Rain" type all weather field books and made available to the Agency u on request. Electronic information from data collectors, etc., shall be delivered to the Agency on a 1.44 MB. 3.5" double sided high density floppy disk in an ASCII format. Local Agency Guidelines Page 14 of 24 September 1995 EXHIBIT `B-2" SCOPE OF WORK (TASK ORDER AGREEMENT) Each item of work under this AGREEMENT will be provided by task assignment. Each assignment win 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: A. Topographic and construction surveying. B. Topographic drawings in a AutoCad, DCA format. C. Boundary surveys including a recorded Record of Survey D Short Plats and Lot Line Adjustments E. GPS and other geodetic type work. F 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 Local Agency Guidelines Page 15 of 24 September 1995 F La �_- ' ACORD CERTIFICATE -OF LIABILITY INSURANCE —.�__ CSR DR DATE IMm/DOnn INCEN-1 10/03/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hurley, Atkins it & Stewart, Inc ONLY AND CONFERS NO RIGHTS UPON TH._.CERTIFICATE Y' HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1800 Ninth Ave , #1500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle WA 98101 ;— COMPANIES AFFORDING COVERAGE Sheri Huntington OCT - oC PANY PBaruNo. 206-682-5656 Fax NP. A St Paul Fire & Marine Ins Co INSURED CITY OF Al 1 1 Vm ANY _ CITYCITYCLERKS Vfl Unigard Insurance Group it COMA Inca Engineers Inc C 11120 N E 2nd Street -- Bellevue WA 98004 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. LTB TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION OMITS DATE IMM/DDNYI DATE IMM/Do/ T) GENERAL UABILITY GENERAL AGGREGATE 91,000,000 A X COMMERCIAL GENERAL LIABILITY RP06642997 09/30/97 09/30/98 PRODUCTS COMP/OPAGG 91,000, 000 JCLAIMS MADE [X]OCCUR PERSONAL&ADV INJURY 9 1,000,000 — OWNER'S&CONIRACTOR'SPROT EACH OCCURRENCE a1,31,D,OOD X WA Stop Gap FIRE DAMAGE(Any one lire) 9 50,000 X Per Project Agg MEDEXP(Any one Person) 9 5,000 AUTOMOBILE LIABILITY B X ANY AUTO BA608875 09/30/97 09/30/98 comaweDSwcLEUMIT 91,000,000 -- ALL OWNED AUTOS -- - --- _- "'�--� — BODILY INJURY $ SCHEDULED AUTOS Per perannl HIRED AUTOS ----� --- --_-- --- BODILY INJURY 9 NON-OWNED AUTOS Per modem/ --- -- -------- -- PROPERTY DAMAGE $ GARAGE UABILTY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY' �^ EACH ACCIDENT 9 AGGREGATE 9 EXCESS LIABILITY EACH OCCURRENCE 9 -- UMBRELLA FORM I AGGREGATE 9 OTHER THAN UMBRELLA FORM _-----�- 9--- _--- -- WORKERS COMPENSATION AND ,TORY UM TS I 10TH- . EMPLOYERS'LIABILITY ---- EL EACH-ACCIDENT S — THE PROPRIETOR! INCL PARTNERSIEXECUTIVE -- EL DISEASE POLICY LIMIT S OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS RE: Survey ervices Agreement The certificate holder is an additional insured on the General Liability, but only as respects work performed by the named insured CERTIFICATE HOLDER, .. ' CANCELLATION AUBCI-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY City of Auburn OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. 25 West Main AUTHORIZED REPRESENTATIVE Auburn WA 98001-4998 Sheri Huntington ACORD 26,5.11!981' c'tikASAXWin ,., s a - ij -a1):e!‘4,4 013'op CHARLES A.BOOTH,MAYOR• f(•" AUBURN CITY.. CLERK Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001 Cathy Richardson, Deputy City Clerk City Clerk:(253)931-3039 Tame Bothell,Records/License Clerk ` Business Registration:(253)931-3007 Fax (253)288-3132 9Shintt 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 2901 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2901 " I certify that said Resolution No 2901 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 5th day of January, 1998 Witness my hand and the seal of the City of Auburn this 23rd day of February, 1998 Danielle Daskam, City Clerk City of Auburn