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HomeMy WebLinkAbout2906 1 RESOLUTION NO 2 9 0 6 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN 4 AGREEMENT FOR PROFESSIONAL SERVICES FOR 1998 WITH LANDAU ASSOCIATES, INC TO PROVIDE ON-CALL GEOTECHNICAL AND 5 ENVIRONMENTAL INVESTIGATION AND ANALYSIS SERVICES FOR THE CITY OF AUBURN 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 9 Section 1 . The Mayor and City Clerk of the City of 10 Auburn are hereby authorized to execute an Agreement for 11 Professional Services for 1998 with LANDAU ASSOCIATES, INC to 12 provide on-call geotechnical and environmental investigation 13 and analysis for the City of Auburn A copy of said Agreement 14 is attached hereto, designated as Exhibit "A" and incorporated 15 by reference in this Resolution 16 Section 2 The Mayor is hereby authorized to implement 17 18 such administrative procedures as may be necessary to carry 19 out the directives of this legislation 20 21 22 23 24 25 26 Resolution No 2906 January 8, 1998 Page 1 1 2 DATED and SIGNED this 20th day of January, 1998 3 4 CITY OF AUBURN 5 6 Qm 111 7 CHARLES A BOOTH MAYOR 8 9 ATTEST 10 11 12 4-1 Danie le E Daskam, 13 City Clerk 14 15 16 APPROVED AS TO FORM 17 18 (' ���(( � Michael J eynolds , 20 City Attorney 21 22 23 24 25 26 Resolution No 2906 January 8, 1998 Page 2 STANDARD CONSULTANT CONSULTANT/ADDRESS/TELEPHONE AGREEMENT AGREEMENT NUMBER iChro -G_t 7 Landau Associates,ha;. 23107 100th Avenue W (P.O.Box 1029) FEDERAL AID NO. Edmonds,WA 98020-9129 (425)778-0907 Phone; (425)778-6409 Fax LUMP SUM PROJECT TITLE AND WORK DESCRIPTION On-call geotechnical and environmental investigation and analysis LUMP SUM AMOUNT$ COST PLUS FIXED FEE DBE PARTICIPATION OVERHEAD PROGRESS Yes NO PAYMENT RATE OVERHEAD COST METHOD ACTUAL COST NOT WBE PARTICIPATION TO EXCEED % Yes FIXED RATE FIXED FEE$ SPECIFIC RATES OF PAY FEDERAL ID Do you require a 1099 for IRS? NOJS.S.N. NEGOTIATED HOURLY RATE YES ;NO 91-1273329 PROVISIONAL HOURLY RATE COMPLETION DATE MAXIMUM AMOUNT PAYABLE X COST PER UNIT OF WORK 12/31/ 98 $q[/ THIS AGREEMENT,made and entered into this Pi/ day of / , fr °,between the Local Agency of City of Auburn ,Washington,hereinafter called the"AGEN• ", and the • Bove organization hereinafter called the "CONSULTANT" WITNESSETH THAT WHEREAS,the AGENCY desires to accomplish the above-referenced project, and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT, and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms,conditions, covenants and performance contained herein,or attached and incorporated and made a part hereof, the parties hereto agree as follows: Exhibit "A" Resolution No 2906 Local Agency Guidelines Page 1 of 8 May 1994 I shall be returned. All designs, drawings, GENERAL DESCRIPTION OF WORK specifications, documents, and other work products prepared by the CONSULTANT prior to completion The work under this AGREEMENT shall consist of or termination of this AGREEMENT are instruments the above-described work and services as herein of service for this PROJECT and are property of the defined and necessary to accomplish the completed AGENCY Reuse by the AGENCY or by others work for this PROJECT The CONSULTANT shall acting through or on behalf of the AGENCY of any furnish all services, labor and related equipment such instruments of service, not occurring as a part of necessary to conduct and complete the work as this PROJECT, shall be without liability or legal designated elsewhere in this AGREEMENT exposure to the CONSULTANT II IV SCOPE OF WORK TIME FOR BEGINNING AND COMPLETION The Scope of Work and project level of effort for this The CONSULTANT shall not begin any work under project is detailed in Exhibit"B"attached hereto, and the terms of this AGREEMENT until authorized in by this reference made a part of this AGREEMENT writing by the AGENCY All work under this AGREEMENT shall be completed by the date shown lu in the heading of this AGREEMENT under GENERAL REQUIREMENTS completion date. All aspects of coordination of the work of this The established completion time shall not be AGREEMENT, with outside agencies, groups or extended because of any delays attributable to the individuals shall receive advance approval by the CONSULTANT,but may be extended by the AGENCY Necessary contacts and meetings with AGENCY, in the event of a delay attributable to the agencies, groups or individuals shall be coordinated AGENCY, or because of unavoidable delays caused through the AGENCY by an act of GOD or governmental actions or other conditions beyond the control of the The CONSULTANT shall attend coordination, CONSULTANT A prior supplemental agreement progress and presentation meetings with the issued by the AGENCY is required to extend the AGENCY or such Federal,Community, State, City established completion time. or County officials, groups or individuals as may be requested by the AGENCY The AGENCY will V provide the CONSULTANT sufficient notice prior PAYMENT to meetings requiring CONSULTANT participation. The minimum number of hours or days notice-- The CONSULTANT shall be paid by the AGENCY required shall be agreed to between the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit"B" AGREEMENT as provided in Exhibit"C"attached attached hereto and made part of this hereto, and by this reference made part of this AGREEMENT The CONSULTANT shall prepare AGREEMENT Such payment shall be full a monthly progress report, in a form approved by the compensation for work performed or services AGENCY,that will outline in written and graphical rendered and for all labor, materials, supplies, form the various phases and the order of performance equipment, and incidentals necessary to complete the of the work in sufficient detail so that the progress of work specified in Section II, "Scope of Work." The the work can easily be evaluated. Goals for CONSULTANT shall conform with all applicable Disadvantaged Business Enterprises (DBE) and portions of 48 CFR 31 Women Owned Business Enterprises(WBE)if required shall be shown in the heading of this VI AGREEMENT SUBCONTRACTING All reports,PS &E materials, and other data The AGENCY permits subcontracts for those items furnished to the CONSULTANT by the AGENCY of work as shown in Exhibit"G"to this Agreement. Local Agency Guidelines Page 2 of 8 May 1994 Exhibit "A" Resolution No. 2906 Compensation for this subconsultant work shall be party as a consequence of any act or omission on the based on the cost factors shown on Exhibit "G", part of the CONSULTANT's employees or other attached hereto and by this reference made a part of persons while so engaged on any of the work or this AGREEMENT services provided to be rendered herein, shall be the sole obligation and responsibility of the The work of the subconsultant shall not exceed its CONSULTANT maximum amount payable unless a prior written approval has been issued by the AGENCY The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of All reimbursable direct labor, overhead, direct non- the contract, any professional or technical personnel salary costs and fixed fee costs for the subconsultant who are, or have been, at any time during the period shall be substantiated in the same manner as outlined of the contract, in the employ of the United States in Section V All subcontracts exceeding $10,000 in Department of Transportation, the STATE, or the cost shall contain all applicable provisions of this AGENCY, except regularly retired employees, AGREEMENT without written consent of the public employer of such person. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY NONDISCRIMINATION No permission for subcontracting shall create, between the AGENCY and subcontractor, any The CONSULTANT agrees not to discriminate contractor or any other relationship. against any client, employee or applicant for employment or for services because of race,creed, VII color, national origin, marital status, sex, age or EMPLOYMENT handicap except for a bona fide occupational qualification with regard to, but not limited to the The CONSULTANT warrants that he/she has not following: employment upgrading,demotion or employed or retained any company or person, other transfer, recruitment or any recruitment advertising, a than a bona fide employee working solely for the layoff or terminations, rates of pay or other forms of CONSULTANT,to solicit or secure this contract, compensation, selection for training, rendition of and that it has not paid or agreed to pay any company services. The CONSULTANT understands and or person, other than a bona fide employee working agrees that if it violates this provision,this solely for the CONSULTANT, any fee,commission, AGREEMENT may be terminated by the AGENCY percentage,brokerage fee, gift, or any other and further that the CONSULTANT shall be barred consideration, contingent upon or resulting from the from performing any services for the AGENCY now award or making of this contract. For breach or or in the future unless a showing is made satisfactory violation of this warrant,the AGENCY shall have to the AGENCY that discriminatory practices have the right to annul this AGREEMENT without terminated and that recurrence of such action is liability, or in its discretion, to deduct from the unlikely AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission, During the performance of this AGREEMENT,the percentage, brokerage fee, gift, or contingent fee. CONSULTANT, for itself, its assignees and successors in interest agrees as follows: Any and all employees of the CONSULTANT or other persons while engaged in the performance of A. COMPLIANCE WITH REGULATIONS. any work or services required of the CONSULTANT The CONSULTANT shall comply with the under this AGREEMENT, shall be considered Regulations relative to non discrimination in employees of the CONSULTANT only and not of the same manner as in Federal-assisted the AGENCY, and any and all claims that may or programs of the Department of might arise under any Workmen s Compensation Act Transportation, Title 49, Code of Federal on behalf of said employees or other persons while so Regulations, part 21, as they may be engaged, and any and all claims made by a third amended from time to time, (hereinafter Local Agency Guidelines Page 3 of 8 May 1994 Exhibit "A" Resolution No 2906 referred to as the Regulations), which are AGENCY, or the United States Department herein incorporated by reference and made a of Transportation as appropriate, and shall part of this AGREEMENT The consultant set forth what efforts it has made to obtain shall comply with the American Disabilities the information. Act of 1992, as amended. E. SANCTIONS FOR NONCOMPLIANCE: B. NONDISCRIMINATION: The In the event of the CONSULTANT's CONSULTANT, with regard to the work noncompliance with the nondiscrimination performed by it during the AGREEMENT, provisions of this AGREEMENT, the shall not discriminate on the grounds of race, AGENCY shall impose such sanctions as it creed, color, sex, age, marital status, national or the Federal Highway Administration may origin or handicap except for a bona fide determine to be appropriate, including, but occupational qualification in the selection not limited to: and retention of subconsultants, including procurements of materials and leases of 1 Withholding of payments to the equipment. The CONSULTANT shall not CONSULTANT under the participate either directly or indirectly in the AGREEMENT until the discrimination prohibited by Section 21.5 of CONSULTANT complies, and/or the Regulations,including employment practices when the contract covers a program 2. Cancellation,termination or set forth in Appendix II of the Regulations. suspension of the AGREEMENT, in whole or in part. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING F INCORPORATION OF PROVISIONS: PROCUREMENTS OF MATERIALS AND The CONSULTANT shall include the EQUIPMENT In all solicitations either by provisions of paragraphs (A)through(G)in competitive bidding or negotiation made by every subcontract, including procurements of the CONSULTANT for work to be materials and leases of equipment, unless performed under a subcontract, including exempt by the Regulations or directives procurements of materials or leases of issued pursuant thereto. The equipment,each potential subconsultant or CONSULTANT shall take such action with supplier shall be notified by the respect to any subconsultant or procurement CONSULTANT of the CONSULTANT's as the AGENCY or the Federal Highway obligations under this AGREEMENT and Administration may direct as a means of the Regulations relative to nondiscrimination enforcing such provisions, including on the grounds of race, creed,color, sex, age, sanctions for noncompliance; provided, marital status, national origin and handicap. however, that, in the event a CONSULTANT becomes involved in,or is D INFORMATION AND REPORTS. The threatened with, litigation with a CONSULTANT shall provide all subconsultant or supplier as a result of such information and reports required by the direction,the CONSULTANT may request Regulations, or directives issued pursuant the AGENCY to enter into such litigation to thereto, and shall permit access to its books, protect the interests of the AGENCY, and in records, accounts, other sources of addition, the CONSULTANT may request information, and its facilities as may be the United States to enter into such litigation determined by the AGENCY to be pertinent to protect the interests of the United States. to ascertain compliance with such Regulations or directives. Where any G. UNFAIR EMPLOYMENT PRACTICES. information required of the CONSULTANT The CONSULTANT shall comply with is in the exclusive possession of another who RCW 49.60.180 and Executive Order fails or refuses to furnish this information the number E.O. 77-13 of the Governor of the CONSULTANT shall so certify to the Local Agency Guidelines Page 4 of 8 May 1994 Exhibit "A" Resolution No 2906 State of Washington which prohibits unfair convenience of the AGENCY in accordance with the employment practices. provision of this AGREEMENT IX In the event of the death of any member,partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervisory personnel assigned to the project, or, The right is reserved by the AGENCY to terminate dissolution of the partnership, termination of the this AGREEMENT at any time upon ten days written corporation, or disaffiliation of the principally notice to the CONSULTANT involved employee, the surviving members of the CONSULTANT hereby agree to complete the work In the event this AGREEMENT is terminated by the under the terms of the AGREEMENT, if requested to AGENCY other than for default on the part of the do so by the AGENCY The subsection shall not be CONSULTANT, a final payment shall be made to a bar to renegotiation of the AGREEMENT between the CONSULTANT as shown in Exhibit"F"for the the surviving members of the CONSULTANT and type of AGREEMENT used. the AGENCY, if the AGENCY so chooses. No payment shall be made for any work completed In the event of the death of any of the parties listed in after ten days following receipt by the the previous paragraph, should the surviving CONSULTANT of the Notice to Terminate. If the members of the CONSULTANT, with the accumulated payment made to the CONSULTANT AGENCY's concurrence, desire to terminate this prior to Notice of Termination exceeds the total AGREEMENT,payment shall be made as set forth amount that would be due computed as set forth in the second paragraph of this section. herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the Payment for any part of the work by the AGENCY AGENCY for any excess paid. shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the If the services of the CONSULTANT are terminated CONSULTANT for any breach of this by the AGENCY for default on the part of the AGREEMENT by the CONSULTANT, or for failure CONSULTANT,the above formula for payment of the CONSULTANT to perform work required of shall not apply In such an event, the amount to be it by the AGENCY Forbearance of any rights under paid shall be determined by the AGENCY with the AGREEMENT will not constitute waiver of consideration given to the actual costs incurred by entitlement to exercise those rights with respect to the CONSULTANT in performing the work to the any future act or omission by the CONSULTANT date of termination, the amount of work originally required which was satisfactorily completed to date X of termination, whether that work is in a form or a CHANGES OF WORK type which is usable to the AGENCY at the time of termination;the cost to the AGENCY of employing The CONSULTANT shall make such changes and another firm to complete the work required and the revisions in the complete work of this time which may be required to do so, and other AGREEMENT as necessary to correct errors factors which affect the value to the AGENCY of the appearing therein, when required to do so by the work performed at the time of termination. Under no AGENCY, without additional compensation thereof. circumstances shall payment made under this Should the AGENCY find it desirable for its own subsection exceed the amount which would have purposes to have previously satisfactorily completed been made using the formula set forth in the previous work or parts thereof changed or revised,the paragraph. CONSULTANT shall make such revision as directed by the AGENCY This work shall be considered as If it is determined for any reason that the Extra Work and will be paid for as herein provided CONSULTANT was not in default or that the under Section XIV CONSULTANT's failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the Local Agency Guidelines Page 5 of 8 May 1994 Exhibit "A" Resolution No. 2906 XI indemnify the AGENCY and the STATE against and DISPUTES hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the Any dispute concerning questions of fact in conduct of the AGENCY and the STATE, their connection with the work not disposed of by agents, officers and employees and provided further AGREEMENT between the CONSULTANT and the that if the claims or suits are caused by or result from AGENCY shall be referred for determination to the the concurrent negligence of(a) the Director of Public Works or AGENCY Engineer, CONSULTANT's agents or employees and(b)the whose decision in the matter shall be final and AGENCY and the STATE, their agents, officers and binding on the parties of this AGREEMENT, employees, this indemnity provision with respect to provided however,that if an action is brought (1) claims or suits based upon such negligence, (2) challenging the Director of Public Works or the costs to the AGENCY and the STATE of AGENCY Engineer's decision, that decision shall be defending such claims and suits,etc. shall be valid subject to de novo judicial review and enforceable only to the extent of the CONSULTANT's negligence or the negligence of XII the CONSULTANT's agents or employees. VENUE,APPLICABLE LAW AND PERSONAL JURISDICTION The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. In the event that either party deems it necessary to institute legal action or proceeding to enforce any The CONSULTANT specifically assumes potential right or obligation under this AGREEMENT,the liability for actions brought by the CONSULTANT's parties hereto agree that any such action shall be own employees against the AGENCY and, solely for initiated in the Superior court of the State of the purpose of this indemnification and defense, the Washington, situated in the county the AGENCY is CONSULTANT specifically waives any immunity located in. The parties hereto agree that all questions under the state industrial insurance law, Title 51 shall be resolved by application of Washington law RCW The CONSULTANT recognizes that this and that the parties to such action shall have the right waiver was specifically entered into pursuant to the of appeal from such decisions of the Superior court provisions of RCW 4.24.115 and was the subject of in accordance with the laws of the State of mutual negotiation. Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of Unless otherwise specified in the AGREEMENT,the the State of Washington, situated in the county in AGENCY shall be responsible for administration of which the AGENCY is located in. construction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental XIII agreement, the CONSULTANT shall provide on-call LEGAL RELATIONS AND INSURANCE assistance to the AGENCY during contract administration. By providing such assistance,the The CONSULTANT shall comply with all Federal, CONSULTANT shall assume no responsibility for: State, and local laws and ordinances applicable to the proper construction techniques,job site safety, or any work to be done under this AGREEMENT This construction contractor's failure to perform its work AGREEMENT shall be interpreted and construed in in accordance with the contract documents. accord with the laws of Washington. The CONSULTANT shall obtain and keep in force The CONSULTANT shall indemnify and hold the during the terms of the AGREEMENT, or as AGENCY and the STATE, and their officers and otherwise required, the following insurance with employees harmless from and shall process and companies or through sources approved by the State defend at its own expense all claims,demands, or Insurance Commissioner pursuant to RCW 48. suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT, provided that nothing herein shall require a CONSULTANT to Local Agency Guidelines Page 6 of 8 May 1994 Exhibit "A" Resolution No. 2906 Insurance Coverage XIV EXTRA WORK A. Worker's compensation and employer's liability insurance as required by the A. The AGENCY may at any time, by written STATE. order, make changes within the general scope of the AGREEMENT in the services B. General commercial liability insurance in an to be performed. amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) B. If any such change causes an increase or for bodily injury, including death and decrease in the estimated cost of,or the time property damage per occurrence. required for, performance of any part of the work under this AGREEMENT, whether or Excepting the Worker's Compensation insurance and not changed by the order, or otherwise any professional liability insurance secured by the affects any other terms and conditions of the CONSULTANT, the AGENCY will be named on all AGREEMENT, the AGENCY shall make an certificates of insurance as an additional insured. equitable adjustment in the (1) maximum The CONSULTANT shall furnish the AGENCY amount payable; (2)delivery or completion with verification of insurance and endorsements schedule, or both; and (3) other affected required by this AGREEMENT The AGENCY terms and shall modify the AGREEMENT reserves the right to require complete,certified accordingly copies of all required insurance policies at any time. C. The CONSULTANT must submit its All insurance shall be obtained from an insurance "request for equitable adjustment"(hereafter company authorized to do business in the State of referred to as claim under this clause within Washington. The CONSULTANT shall submit a 30 days from the date of receipt of the verification of insurance as outlined above within 14 written order. However, if the AGENCY days of the execution of this AGREEMENT to the decides that the facts justify it,the AGENCY AGENCY may receive and act upon a claim submitted before final payment of the AGREEMENT No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the D Failure to agree to any adjustment shall be a AGENCY dispute under the Disputes clause. However, nothing in this clause shall excuse the The CONSULTANT's professional liability to the CONSULTANT from proceeding with the AGENCY shall be limited to the amount payable AGREEMENT as changed. under this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit E. Notwithstanding the terms and condition of "H" In no case shall the CONSULTANT's paragraphs (a) and (b) above, the maximum professional liability to third parties be limited in any amount payable for this AGREEMENT, way shall not be increased or considered to be increased except by specific written The AGENCY will pay no progress payments under supplement to this AGREEMENT Section V until the CONSULTANT has fully complied with this section. This remedy is not XV exclusive; and the AGENCY and the STATE may ENDORSEMENT OF PLANS take such other action as is available to them under other provisions of this AGREEMENT, or otherwise The CONSULTANT shall place his endorsement on in law all plans, estimates or any other engineering data furnished by him. 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Stettler and duly authorized representative of the firm of Landau Associates, Inc. whose address is 23107 100th Avenue West, P.O. Box 1029, Edmonds, WA 98020-9129 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employee or retain the services of any firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee,contribution, donation or consideration of any kind for, or in connection with procuring or carrying out the contract;except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the Board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both and civil. Date Signature CERTIFICATION OF AGENCY OFFICIAL I hereby certify that I am the AGENCY Official of the Local Agency of City of Auburn Washington and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee,contribution, donation or consideration of any kind,except as here expressly stated (if any). I acknowledge that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highwa funds and is subject to applicable State and Federal laws, both criminal and civil. 8/44— /2 2 y7 elActilks.14. ,21;„ Date Signature Local Agency Guidelines May 1994 Exhibit "A" Resolution No. 2906 906Z oN uollnIosab 11V11 3!q!gx3 4661 AEIAI saullapmo Xaua5y Ieao7 (aniuu2is) luellnsuo33o Imam)pazuoginy 10 luapisad aleQ aul 'salelaossynepa :(wn3)luminsuoD Tesodoid sup of uogeueldxa ue gouge ilegs luediaiued aniloadsard gars `uopuouplao siip ui slnawalms aqi 3o,Sue o1 X.I[uaa of alquun si luedioiued£tewud anp0adsold aq1 aiagm •llne;ap io asnea ioj paleu uuo (wooi ao 'alms `ieiapaj) suoilaesue.rl agqnd aim.io auo peg Iesodoid/uogea!Idde sip Suipaad pouad.reaS-aaagi e ulgum lou anUH pue `.uoilear1il ao sup 3o .q•I gdus eaed ui paleaawnua sasuojjo ag1 jo,Sue Jo uoissiwwoo grim (leaol io `alms lwapaj) Xlllua Ieluaww0no2 e Xq pa2sego,Spinio io'Cpeuiwu°°sinvaglo 10 Jo3 paeoipui Apuasaid lou ancr :XUadoad ualols Surnia00J ao `sluawaims asle3 Sunp:w `spiooailo uoporuisap.ro uolieoylstuJ `X.ragpq `tiaaroj `jaip 'luawalzzagwa Jo uoissiwwoo.ro sanims lsnaulue alms Jo leaapaj Jo uoileloin `.uonoesuell agqnd a]apun loellua° JO uorloesuem (leooi JO `alms Imam) alignd a Suluuopad ao `UmIgo of Suildwalle`Swulelgo g4r ■ uopoauuoa ui asua33o Ieuimp°a 10 pnem Jo uolssiwwoa Jo3 wage lsultSn paapuar luaw2pnf limo u peq.ro Jo palainuoa uaaq lesodoid sup Suipaoad popad aea,C-aagl e uigpm lou anon Sioux u JO luawuedap fulapa3,Sue Xq suopoesue.n paanoa mom papnlaxa £lumunlon ao `algi2ilaui paeloap luaw.regap ioj pasodoid `papuadsns `pa.uegap,ipuasaid lou ay (p) (0) (q) (e) :sledioupd sli PLLe ilium `Jagaq pug aSpalmouol su Jo-sag am o1 sar,Iipaa luedialyred£iewud angoadsoid aqy SNIOIIDVSNIVII.L 03113A03 AlIVNIIUId-SIOLLVLWI AirmusNOdS3M II31110(INV`NIOISM3dSfS`lNrawsvnl3Q DNIQ2IV0311 NIOId V�I3Id2i3� «Z V»111IHX3 I 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): Landau Associates, Inc. Date President or Authorized Official of Consultant (Signature) Local Agency Guidelines May 1994 Exhibit "A" Resolution No. 2906 EXHIBIT`B-2" SCOPE OF WORK (TASK ORDER AGREEMENT) Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be individually negotiated with the CONSULTANT The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the AGENCY The AGENCY is not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY's and CONSULTANT's obligation hereunder are limited to tasks assigned in writing. Task assignments may include, but are not limited to,the following types of work: Geotechnical and environmental investigation and analysis including, but not be limited to, the review of existing geotechnical and environmental information,drilling by the CONSULTANT or their subcontractor, soil sampling and testing, groundwater measurement and testing, soil property analyses, and documentation and report preparation for the results of these tests and analyses. A. B. C. D E. 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 May 1994 Exhibit "A" Resolution No. 2906 FORMAL TASK ASSIGNMENT DOCUMENT TASK NUMBER The general provisions and clauses of Agreement shall be in full force and effect for this Task Assignment. Location of Project: Project Title: Maximum Amount Payable Per Task Assignment: Completion Date: Description of Work: (Note attachments and give brief description) Agency Project Manager Signature: _ Date: Oral Authorization Date: See Letter Dated: Consultant Signature: Date: Agency Approving Authority Date: Local Agency Guidelines May 1994 Exhibit "A" Resolution No 2906 EXHIBIT"C-5" PAYMENT (COST PER UNIT OF WORK) 1 When the AGENCY requests that a project be undertaken, the CONSULTANT shall prepare a fee proposal based upon a typical scope of work. Upon agreement by the AGENCY and the CONSULTANT upon a scope of work and related fee, a maximum encumbrance, inclusive of expenses, will be established, to serve as a maximum amount payable for the project. For accounting purposes, the CONSULTANT will be paid by the AGENCY for work done, based upon mutually agreed unit rates for work defined in Exhibits"D" and"E" The listed rates shall be applicable throughout the life of this AGREEMENT The rates are inclusive of actual salaries, overhead, profit, tools, materials, and equipment necessary or incidental for the completion of the AGREEMENT work. Compensation for the following expenditures will be allowed when these costs are incurred directly in fulfilling the terms of this AGREEMENT 2. The maximum total amount payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown on page 1 of this AGREEMENT, unless a supplemental AGREEMENT has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable. 3. The CONSULTANT may submit invoices to the AGENCY not more often than once per month during the progress of the work for partial payment of work completed to date. The invoices will indicate the units of work completed each day during the invoice period in addition to the previous total. Direct nonsalary costs, such as travel, reproduction, telephone, supplies, and computer costs, shall be supported by an original or a copy of the invoice or billing instrument the CONSULTANT received for payment. For example, a copy of the telephone company's itemized listing showing each call is necessary to verify the billing for long distance telephone calls. Such invoices will be checked by the AGENCY and payment will be made in full for the amount thereof as has been found to represent the value of the completed work, less the amounts previously paid. Local Agency Guidelines May 1994 Exhibit "A" Resolution No 2906 EXHIBIT D COMPENSATION SCHEDULE- 1997 Personnel Labor Hourly Rate Principal $ 125 Associate 115 Senior 103 Senior Project 93 Project 83 Senior Staff 74 Staff 65 Senior Assistant 57 Assistant 53 Technician 46 Technical Illustrator/CAD Operator 51 Project Coordinator 49 Word Processor (including equipment) 45 Support Staff 35 Senior Principal ratewill be assigned on a project-specific basis. Expert professional testimony in court, deposition, arbitration, or public testimony at 1.5 times hourly rate. Technical disciplines include: Biologist,Chemist,Engineer, Environmental Planner, Geochemist, Geologist,Hydrogeologist,Hydrologist, Risk Analyst,Scientist Equipment Field,laboratory,and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services are charged at the rate of cost plus a twelve percent (12%) handling charge. The handling charge for technical subconsultants and for high risk field operations will be higher on an individual project basis. The handling charge may be lower for projects which involve disproportionally large subcontracting. Invoices Invoices for Landau Associates services will be issued monthly Interest of 1-1/2 percent per month(but not exceeding the maximum rate allowable by law)will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates (including continuing projects). &U,9V LANDAU ASSOCIATES Exhibit "A" Resolution No 2906 EXHIBIT E Page 1 of 2 LANDAU ASSOCIATES, INC. EQUIPMENT AND SUPPLIES RATE SCHEDULE-1997 Rate($) Unit FIELD Air Compressor 40.00 day Air Velocity Meter 50.00 day Autolevel w/Tripod and Rod 15.00 day Bailer 20.00 day Bladder Pump 40.00 day Bladder Pump Controller 40.00 day Brainard Kilman Pump 30.00 day Camera 5.00 day Computer,Portable 40.00 day Density Equipment-Nuclear Densometer 50.00 day Density Equipment-Sand Cone 20.00 day Digiflam Combustible Gas Meter 50.00 day Dissolved Oxygen Meter 40.00 day Dissolved Oxygen Test 4.00 ea Draeger Pump 10.00 day HAM Meter 50.00 day Honda Pump 30.00 day Kemmerer Sampler 45.00 day Magnehelic Gauge 20.00 day Metal Detector 12.00 day Microscout Datalogger 100.00 day Microscout Transducer 25.00 ea Microtip Meter 80.00 day Mirror Stereo Scope 10.00 clay Oil-Water Interface Indicator 50.00 day Peristaltic Pump 35.00 day pH/Conductivity Meters 30.00 day pH/Conductivity Test 2.00 ea Radiation Detector 20.00 day Sampling Tripod 15.00 day SCBA Equipment 100.00 day Sediment Sampling Equipment 15.00 day Soil Sample Equipment 15.00 day Soil Hand Auger Equipment 15.00 day Soil Split Barrel Sampler 25.00 day Soil Sample (in rings or tube) 6.00 ea Submersible Pump 75.00 day Telephone,Portable 5.00 day UV Lamp 15.00 day Vane Shear (Field) 40.00 day Video Camera 35.00 day Water Flow Meter 25.00 day Water Level Indicator 10.00 day Water Sample Equipment 15.00 day Waterra Pump 30.00 day 04/28/97 J\GENERIC\EQUPRATE 9' Exhibit "A" Resolution No 2906 LANDAU ASSOCIATES.INC EXHIBIT"F" PAYMENT UPON TERMINATION OF AGREEMENT BY THE AGENCY OTHER THAN FOR FAULT OF THE CONSULTANT (Refer to Agreement,Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT Costs Per Unit of Work Contracts A Final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT Local Agency Guidelines May L994 Exhibit "A" Resolution No. 2906 EXHIBIT G SUBCONTRACTED WORK The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT Subconsultant work is to be identified when tasks are assigned. 12/23/97 1:\40.1\CO NAGREE.W PD Local Agency Guidelines May 1994 Exhibit "A" Resolution No. 2906 ACOWP. CERTIFICATE OF INSURANCE DATE IMMIDDIYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION is of ('I i '1 Plot 'hhIIr f T.n(' . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I '.,20 I' i I. c.' (ii'(t' ec?'I' . '0'I'IR I' L D 01 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW I }',(?Ct I' f I e o WA 9810'1. 4095 COMPANIES AFFORDING COVERAGE ! COMPANY - --- 2.06 44 i "13`IV0 A 0C.)ne1 a I. :I:m tirnc {; Co of flm INSURED COMPANY h-.� 15,98 Fl (ICI it lA Ind Si: oc I <:1'('i-'Cio T.'(lf. }'f`(''C (. I y'{tfi.(':"' 1 • of (lilt C (:Irno ncl :> lalll PRO ")I•/. sq.I ',s:> C C. �t COMPANY ��'icc- --. 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 REOUIREMENT 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 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MWODIYY) GENERAL LIABILITY GENERAL AGGREGATE g -.Y:TOICTOTRY COMMERCIAL GENERAL LIABILITY C.1: g:1 f ■, 15)1' I s .I. O.I. '9 PRODUCTS COMP/OP AGG $ ()N-X)(1() CLAIMS MADE Y OCCUR PERSONAL S ADV INJURY g .L - k'• •• OWNER'S&CONTRACTOR S PROT EACH OCCURRENCE $ 'L OI-)O( 0; FIRE DAMAGE fAny one fire) $ ------'100 ri,p MED EXP(Anv one eersonl $ —Y JL'1nn AUTOMOBILE LIABILITY ( `S (aiV:34i iI' 1:'.1.; I'1 l):I, •'`)'.i I'J 0.1/`')'U COMBINED SINGLE LIMIT $ hit 00l)O ANY AUTO __ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS Per accident) --- -- -- -- PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE 5 .I.IJ/TiJI)3)1.1 .(. UMBRELLA FORM (.11..0 1' I (..I. '98 I.1 'T.I. 't:)cJ AGGREGATE g .I.QnOOM) OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE POLICY LIMIT $ PARTNERS/EXECUTIVE — - - - --' -- ------' - ------OFFICERS ARE EXCL DISEASE EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESrSPECIAL ITEMS 1 c 2i'L'0 I'I(.1 Lclr. 1' 11L1crIc•':I I'Ir I.r:IAI i LI n .I CI CI 1 (' I 0 tt•a I. 17P U I !"'CI a -; 1' ¢.r4:.I: L's .1..7 "("ilr' rt t" I' i i OIDE?I !:1'1: 10'il' 01' 'I'Ll'' 1').:1111I:'I.:I I n' III r'C( e IHfl l CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MALL ( i '('Y t i' 1°1111')I I I Ti 4..) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PI I ( (I i t .i.1T S1 I. i TIC? Ge?1' CI'I' BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY )L1 We' 'I' PI.:11 rl OF ANY KIND;UPON THE COMPANY, ITS•TS OR REPRESENTATIVES. 11 iI'S III n IW II '!'1'X11 1. AUTHORIZED REPRE NTATIVE — - ACORD 25-S(3/93) © • - ORD CORPORATION 1993 COMMERCIAL GENERAL LIABILITY CC 20 10 10 93 INSURED Landau Associates, Inc. POLICY NUMBER: CP8744553B THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS. LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Auburn (if no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization show in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. Copyright, Insurance Services Office, Inc. 1992 c UISOFFICEIW INW ORO\CG:010 RECORDS MANAGEMENT Ordinance No. Resolution No. 029.44 Date Adopted /02-4 P V Copies to: 1 ) Department Contact(s)y £cr k Finance Department s L/ /-23-77 (Copy if relates to fees, charges, or any accounting responsibility) 2.) Code Book: 3 ) Recording File. 4 ) Citizen Requests: NAME Address cc: City Clerk wngny to VelO (l!O 'weNsed elLe ue 6666 'I!Jdylo Aep q$. s!gl wngny to Al!O eglto leas ay} pue pueq Aw ssaul!M 9666 'Menuer to i(ep g103 ay' uo wngny to Apo pies ay} to JoAeiN eqj Aq pano.Idde pue l!ounoO ay} Aq passed Ainp seen 906Z "oN uo!lnlosal pies Tall Al!Paa I 906Z ON NOI1f11OS3bi. paµ!lua 'wngny to ay} to suo!lnlosad an l0 9063 oN uo!lnlosad to Adoa laanoo pue emu 'pnl a s! 6wo6aiol ag31e41 AppJao Agway op 'uol6u!yseM to awls 16u!N to AlunoO ayl u! alenl!s 'Ap!O apoO pue uoµewoddoO led!o!unvN e 'wngny to Al!O ay; 1.0 >lie1O A1!3 pa!l!lenb 'palu!odde llnp ayl 'we)lseQ apa!uea 'l Z£l£-882(£SZ):nd LOON£6(£SZ):uogeils!8a)Jssawsng 6£0£-1£6(£SZ):>I1aD MID 10086 WA`wngny 'u!ew lsaM SZ x113-13 £LID TRlflfif1V ( ONIN 3O .11NfOO ss (NOlONIHSVM dO 31y1S vaIJ asuaal-uSploaau'llaylou alwe,I, vala kip Rmdac 'uospieyma 6y)e) 3I/a1a k!D'WmISO alla!ue0 80AV W'1-LL009'V STRIVED