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Home My WebLink About2908 1 RESOLUTION NO 2 9 0 8 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 PENTEC ENVIRONMENTAL, INC TO PROVIDE ON-CALL WETLAND SERVICES FOR 5 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 PENTEC ENVIRONMENTAL, INC 12 to provide on-call wetland services for the City of Auburn A 13 copy of said Agreement is attached hereto, designated as 14 Exhibit "A" and incorporated by reference in tnis Resolution 15 Section 2 The Mayor is hereby authorized to implement 16 such administrative procedures as may be necessary to carry 17 out the directives of this legislation 18 19 20 21 22 23 24 25 26 Resolution No 2908 January 8, 1998 Page 1 1 DATED and SIGNED this 20th day of January, 1998 2 3 CITY OF AUBURN 4 6 CHARLES A BOOTH MAYOR 7 8 ATTEST 9 10 11 //l ac (9 andeli Danielle E Daskam, 12 City Clerk 13 14 15 APPROVED AS TO FORM 16 17 18 QA Michael J Reynolds, 19 City Attorney 20 21 22 23 24 25 26 Resolution No 2908 January 8, 1998 Page 2 STANDARD CONSULTANT coNSULTANT/ADDRESSIIELEPHONE AGREEMENT AGREEMENT NUMBER " C.-39 Pent Environmental.Inc. 120 Third Avenue S. Suite 1 t0 FEDERAL AID NO. Edmonds.Washington 98020 (425)775-4682 LUMP SUM PROJECT TITLE AND WORK DESCRIPTION On-call wetland services for City of Auburn LUMP SUM AMOUNT$ COST PLUS FIXED FEE DBE PARTICIPATION OVERHEAD PROGRESS Yes No 0 PAYMENT RATE OVERHEAD COST METHOD ACTUAL COST NOT WBE PARTICIPATION TO EXCEED Yes No 0 %n FIXED RATE FIXED FEE $ SPECIFIC RATES OF PAY FEDERAL ID Do you require a 1099 for IRS? NO./S.S.N. 91-1351983 X NEGOTIATED HOURLY RATE YES NO X PROVISIONAL HOURLY RATE COMPLETION DATE MAXIMUM AMOUNT PAYABLE COST PER UNIT OF WORK $ 12 / 31 /98 THIS AGREEMENT made and entered into this a2� day of .499i/between the Local Agency of G / B 14'6u rvt ,Washington.hereinafter called the /GENCY' and the above organization hereinafter called the `CONSULTANT' WITNESSETH THAT Local Agency Guidelines Page 1 of 21 May 1994 Exhibit "A" Resolution No 2908 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 die 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. I officials, groups or individuals as may be requested by GENERAL DESCRIPTION OF WORK the AGENCY The AGENCY will provide the CONSULTANT sufficient notice prior to meetings The work under this AGREEMENT shall consist of the requiring CONSULTANT participation. The minimum above-described work and services as herein defined number of hours or days notice--required shall be and necessary to accomplish the completed work for agreed to between the AGENCY and the this PROJECT The CONSULTANT shall furnish all CONSULTANT and shown in Exhibit"B" attached services, labor and related equipment necessary to hereto and made part of this AGREEMENT The conduct and complete the work as designated CONSULTANT shall prepare a monthly progress elsewhere in this AGREEMENT report, in a form approved by the AGENCY that will outline in written and graphical form the various phases II and the order of performance of the work in sufficient SCOPE OF WORK detail so that the progress of the work can easily be evaluated. Goals for Disadvantaged Business The Scope of Work and project level of effort for this Enterprises (DBE) and Women Owned Business project is detailed in Exhibit"B' attached hereto, and Enterprises (WBE) if required shall be shown in the by this reference made a part of this AGREEMENT heading of this AGREEMENT III All reports, PS &E materials, and other data furnished GENERAL REQUIREMENTS to the CONSULTANT by the AGENCY shall be resumed. All designs, drawings, specifications, All aspects of coordination of the work of this documents, and other work products prepared by the AGREEMENT with outside agencies, groups or CONSULTANT prior to completion or termination of individuals shall receive advance approval by the this AGREEMENT are instruments of service for this AGENCY Necessary contacts and meetings with PROJECT and are property of the AGENCY Reuse agencies, groups or individuals shall be coordinated by the AGENCY or by others acting through or on through the AGENCY behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall The CONSULTANT shall attend coordination, be without liability or legal exposure to the progress and presentation meetings with the AGENCY CONSULTANT _ or such Federal, Community State, City or County Exhibit "A" Resolution No 2908 IV SUBCONTRACTING TIME FOR BEGINNING AND COMPLETION The AGENCY permits subcontracts for those items of The CONSULTANT shall not begin any work under work as shown in Exhibit "G"to this Agreement. the terms of this AGREEMENT until authorized in writing by the AGENCY All work under this Compensation for this subconsultant work shall be AGREEMENT shall be completed by the date shown based on the cost factors shown on Exhibit "G" in the heading of this AGREEMENT under completion attached hereto and by this reference made a part of date. this AGREEMENT The established completion time shall not be extended The work of the subconsultant shall not exceed its because of any delays attributable to the maximum amount payable unless a prior written CONSULTANT but may be extended by the approval has been issued by the AGENCY AGENCY in the event of a delay attributable to the AGENCY or because of unavoidable delays caused by All reimbursable direct labor overhead, direct non- an act of GOD or governmental actions or other salary costs and fixed fee costs for the subconsultant conditions beyond the control of the CONSULTANT shall be substantiated in the same manner as outlined in A prior supplemental agreement issued by the Section V All subcontracts exceeding $10,000 in cost AGENCY is required to extend the established shall contain all applicable provisions of this completion time. AGREEMENT V The CONSULTANT shall not subcontract for the PAYMENT performance of any work under this AGREEMENT without prior written permission of the AGENCY No The CONSULTANT shall be paid by the AGENCY for permission for subcontracting shall create, between the completed work and services rendered under this AGENCY and subcontractor any contractor or any AGREEMENT as provided in Exhibit"C" attached other relationship. hereto, and by this reference made part of this AGREEMENT Such payment shall be full VII compensation for work performed or services rendered EMPLOYMENT and for all labor materials, supplies, equipment, and incidentals necessary to complete the work specified in The CONSULTANT warrants that he/she has not Section II,"Scope of Work." The CONSULTANT employed or retained any company or person, other shall conform with all applicable portions of 48 CFR than a bona fide employee working solely for the 31 CONSULTANT to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely VI for the CONSULTANT any fee, commission, Local Agency Guidelines Page 3 of 21 May 1994 Exhibit "A" Resolution No. 2908 percentage, brokerage fee, gift, or any other demotion or transfer recruitment or any recruitment consideration, contingent upon or resulting from the advertising, a layoff or terminations, rates of pay or award or making of this contract For breach or other forms of compensation, selection for training, violation of this warrant, the AGENCY shall have the rendition of services. The CONSULTANT right to annul this AGREEMENT without liability or in understands and agrees that if it violates this provision, its discretion,to deduct from the AGREEMENT price this AGREEMENT may be terminated by the or consideration or otherwise recover the full amount AGENCY and further that the CONSULTANT shall be of such fee, commission, percentage, brokerage fee, bared from performing any services for the AGENCY gift, or contingent fee. now or in the future unless a showing is made satisfactory to the AGENCY that discriminatory Any and all employees of the CONSULTANT or other practices have terminated and that recurrence of such persons while engaged in the performance of any work action is unlikely or services required of the CONSULTANT under this AGREEMENT shall be considered employees of the During the performance of this AGREEMENT the CONSULTANT only and not of the AGENCY and CONSULTANT for itself, its assignees and successors any and all claims that may or might arise under any in interest agrees as follows: Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any A. COMPLIANCE WITH REGULATIONS The and all claims made by a third party as a consequence CONSULTANT shall comply with the of any act or omission on the part of the Regulations relative to non discrimination in the CONSULTANT's employees or other persons while so same manner as in Federal-assisted programs engaged on any of the work or services provided to be of the Department of Transportation, Title 49 rendered herein, shall be the sole obligation and Code of Federal Regulations, part 21 as they responsibility of the CONSULTANT may be amended from time to time, (hereinafter referred to as the Regulations), The CONSULTANT shall not engage, on a full or part which are herein incorporated by reference and time basis, or other basis, during the period of the made a part of this AGREEMENT The contract, any professional or technical personnel who consultant shall comply with the American are, or have been, at any time during the period of the Disabilities Act of 1992, as amended. contract, in the employ of the United States Department of Transportation, the STATE, or the AGENCY, B. NONDISCRIMNATION The except regularly retired employees, without written CONSULTANT, with regard to the work consent of the public employer of such person. performed by it during the AGREEMENT shall not discriminate on the grounds of race, VIII creed, color, sex, age, marital status, national NONDISCRIMINATION origin or handicap except for a bona fide occupational qualification in the selection and The CONSULTANT agrees not to discriminate against retention of subconsultants, including any client, employee or applicant for employment or for procurements of materials and leases of services because of race,creed, color national origin, equipment. The CONSULTANT shall not marital status, sex, age or handicap except for a bona participate either directly or indirectly in the fide occupational qualification with regard to, but not discrimination prohibited by Section 21.5 of the limited to the following: employment upgrading, Regulations, including employment practices Exhibit "A" Resolution No. 2908 when the contract covers a program set forth in noncompliance with the nondiscrimination Appendix II of the Regulations. provisions of this AGREEMENT the AGENCY shall impose such sanctions as it or C. SOLICITATIONS FOR the Federal Highway Administration may SUBCONSULTANTS, INCLUDING determine to be appropriate, including, but not PROCUREMENTS OF MATERIALS AND limited to- EQUIPMENT In all solicitations either by competitive bidding or negotiation made by the I Withholding of payments to the CONSULTANT for work to be performed CONSULTANT under the under a subcontract, including procurements of AGREEMENT until the materials or leases of equipment. each potential CONSULTANT complies, and/or subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S 2. Cancellation, termination or obligations under this AGREEMENT and the suspension of the AGREEMENT in Regulations relative to nondiscrimination on the whole or in part. grounds of race,creed, color, sex, age, marital status, national origin and handicap. F INCORPORATION OF PROVISIONS The CONSULTANT shall include the provisions of D INFORMATION AND REPORTS The paragraphs (A) through (G) in every CONSULTANT shall provide all information subcontract, including procurements of and reports required by the Regulations, or materials and leases of equipment, unless directives issued pursuant thereto, and shall exempt by the Regulations or directives issued permit access to its hooks, records, accounts, pursuant thereto. The CONSULTANT shall other sources of information, and its facilities take such action with respect to any as may be determined by the AGENCY to be subconsultant or procurement as the AGENCY pertinent to ascertain compliance with such or the Federal Highway Administration may Regulations or directives. Where any direct as a means of enforcing such provisions, information required of the CONSULTANT is including sanctions for noncompliance; in the exclusive possession of another who fails provided, however,that, in the event a or refuses to furnish this information the CONSULTANT becomes involved in, or is CONSULTANT shall so certify to the threatened with, litigation with a subconsultant AGENCY, or the United States Department of or supplier as a result of such direction, the Transportation as appropriate, and shall set CONSULTANT may request the AGENCY to forth what efforts it has made to obtain the enter into such litigation to protect the interests information. of the AGENCY and in addition, the CONSULTANT may request the United States E. SANCTIONS FOR NONCOMPLIANCE. In to enter into such litigation to protect the the event of the CONSULTANT's interests of the United States. Local Agency Guidelines Page 5 of 21 May 1994 Exhibit"A" Resolution No. 2908 G. UNFAIR EMPLOYMENT PRACTICES. The time which may be required to do so, and other factors CONSULTANT shall comply with RCW which affect the value to the AGENCY of the work 49.60.180 and Executive Order number E.0 performed at the time of termination. Under no 77-13 of the Governor of the State of circumstances shall payment made under this Washington which prohibits unfair employment subsection exceed the amount which would have been practices. made using the formula set forth in the previous paragraph. IX TERMINATION OF AGREEMENT If it is determined for any reason that the CONSULTANT was not in default or that the The right is reserved by the AGENCY to terminate this CONSULTANT's failure to perform is without it or it s AGREEMENT at any time upon ten days written employee's fault or negligence, the termination shall be notice to the CONSULTANT deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this In the event this AGREEMENT is terminated by the AGREEMENT AGENCY other than for default on the part of the CONSULTANT a final payment shall be made to the In the event of the death of any member partner or CONSULTANT as shown in Exhibit 'F"for the type of officer of the CONSULTANT or any of its supervisory AGREEMENT used. personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or No payment shall be made for any work completed disaffiliation of the principally involved employee,the after ten days following receipt by the CONSULTANT surviving members of the CONSULTANT hereby of the Notice to Terminate. If the accumulated agree to complete the work under the terms of the payment made to the CONSULTANT prior to Notice AGREEMENT, if requested to do so by the AGENCY of Termination exceeds the total amount that would be The subsection shall not be a bar to renegotiation of the due computed as set forth herein above, then no final AGREEMENT between the surviving members of the payment shall be due and the CONSULTANT shall CONSULTANT and the AGENCY if the AGENCY immediately reimburse the AGENCY for any excess so chooses. paid. In the event of the death of any of the parties listed in If the services of the CONSULTANT are terminated by the previous paragraph, should the surviving members the AGENCY for default on the part of the of the CONSULTANT with the AGENCY's CONSULTANT, the above formula for payment shall concurrence, desire to terminate this AGREEMENT, not apply In such an event, the amount to be paid shall payment shall be made as set forth in the second be determined by the AGENCY with consideration paragraph of this section. given to the actual costs incurred by the CONSULTANT in performing the work to the date of Payment for any part of the work by the AGENCY termination, the amount of work originally required shall not constitute a waiver by the AGENCY of any which was satisfactorily completed to date of remedies of any type it may have against the termination, whether that work is in a form or a type CONSULTANT for any breach of this AGREEMENT which is usable to the AGENCY at the time of by the CONSULTANT or for failure of the termination; the cost to the AGENCY of employing CONSULTANT to perform work required of it by the another firm to complete the work required and the AGENCY Forbearance of any rights under the Exhibit "A" Resolution No 2908 AGREEMENT will not constitute waiver of entitlement In the event that either party deems it necessary to to exercise those rights with respect to any future act or institute legal action or proceeding to enforce any right omission by the CONSULTANT or obligation under this AGREEMENT the parties hereto agree that any such action shall be initiated in the X Superior court of the State of Washington, situated in CHANGES OF WORK the county the AGENCY is located in. The parties hereto agree that all questions shall be resolved by The CONSULTANT shall make such changes and application of Washington law and that the parties to revisions in the complete work of this AGREEMENT such action shall have the right of appeal from such as necessary to correct errors appearing therein, when decisions of the Superior court in accordance with the required to do so by the AGENCY, without additional laws of the State of Washington. The CONSULTANT compensation thereof. Should the AGENCY find it hereby consents to the personal jurisdiction of the desirable for its own purposes to have previously Superior court of the State of Washington, situated in satisfactorily completed work or parts thereof changed the county in which the AGENCY is located in. or revised, the CONSULTANT shall make such revision as directed by the AGENCY This work shall XIII be considered as Extra Work and will be-paid for as LEGAL RELATIONS AND INSURANCE herein provided under Section XIV The CONSULTANT shall comply with all Federal, XI State, and local laws and ordinances applicable to the DISPUTES work to be done under this AGREEMENT This AGREEMENT shall be interpreted and construed in Any dispute concerning questions of fact in connection accord with the laws of Washington. with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall The CONSULTANT shall indemnify and hold the be referred for determination to the Director of Public AGENCY and the STATE, and their officers and Works or AGENCY Engineer whose decision in the employees harmless from and shall process and defend matter shall be final and binding on the parties of this at its own expense all claims, demands, or suits at law AGREEMENT provided however that if an action is or equity arising in whole or in part from the brought challenging the Director of Public Works or CONSULTANT's negligence or breach of any of its AGENCY Engineer's decision, that decision shall be obligations under this AGREEMENT provided that subject to de novo judicial review nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and XII hold harmless the AGENCY and the STATE from VENUE, APPLICABLE LAW AND PERSONAL claims, demands or suits based solely upon the conduct JURISDICTION of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent Local Agency Guidelines Page 7 of 21 May 1994 Exhibit "A" Resolution No 2908 negligence of(a) the CONSULTANT's agents or A. Worker's compensation and employer s employees and (b) the AGENCY and the STATE, their liability insurance as required by the STATE. agents, officers and employees,this indemnity provision with respect to (1) claims or suits based upon B. General commercial liability insurance in an such negligence, (2) the costs to the AGENCY and the amount not less than a single limit of one STATE of defending such claims and suits, etc. shall be million and 00/100 Dollars ($1,000,000.00) for valid and enforceable only to the extent of the bodily injury including death and property CONSULTANT's negligence or the negligence of the damage per occurrence. CONSULTANT's agents or employees. Excepting the Worker s Compensation insurance and The CONSULTANT's relation to the AGENCY shall any professional liability insurance secured by the be at all times as an independent contractor CONSULTANT the AGENCY will be named on all certificates of insurance as an additional insured. The The CONSULTANT specifically assumes potential CONSULTANT shall furnish the AGENCY with liability for actions brought by the CONSULTANT's verification of insurance and endorsements required by own employees against the AGENCY and, solely for this AGREEMENT The AGENCY reserves the right the purpose of this indemnification and defense, the to require complete, certified copies of all required CONSULTANT specifically waives any immunity insurance policies at any time. under the state industrial insurance law, Title 51 RCW The CONSULTANT recognizes that this waiver was All insurance shall be obtained from an insurance specifically entered into pursuant to the provisions of company authorized to do business in the State of RCW 4.24 115 and was the subject of mutual Washington. The CONSULTANT shall submit a negotiation. verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the Unless otherwise specified in the AGREEMENT, the AGENCY AGENCY shall be responsible for administration of construction contracts, if any on the project. Subject No cancellation of the foregoing policies shall be to the processing of an acceptable, supplemental effective without thirty(30) days prior notice to the agreement, the CONSULTANT shall provide on-call AGENCY assistance to the AGENCY during contract administration. By providing such assistance, the The CONSULTANT's professional liability to the CONSULTANT shall assume no responsibility for AGENCY shall be limited to the amount payable under proper construction techniques,job site safety, or any this AGREEMENT or one million dollars, whichever is construction contractor s failure to perform its work in the greater unless modified by Exhibit"H" In no case accordance with the contract documents. shall the CONSULTANT's professional liability to third parties be limited in any way The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise The AGENCY will pay no progress payments under required, the following insurance with companies or Section V until the CONSULTANT has fully complied through sources approved by the State Insurance with this section. This remedy is not exclusive; and the Commissioner pursuant to RCW 48. AGENCY and the STATE may take such other action as is available to them under other provisions of this Insurance Coverage AGREEMENT, or otherwise in law Exhibit "A" Resolution No 2908 XIV amount payable for this AGREEMENT shall EXTRA WORK not be increased or considered to be increased except by specific written supplement to this A. The AGENCY may at any time, by written AGREEMENT order, make changes within the general scope of the AGREEMENT in the services to be XV performed. ENDORSEMENT OF PLANS B. If any such change causes an increase or The CONSULTANT shall place his endorsement on all decrease in the estimated cost of, or the time plans, estimates or any other engineering data furnished required for performance of any part of the by him. work under this AGREEMENT whether or not changed by the order, or otherwise affects any XVI other terms and conditions of the FEDERAL AND STATE REVIEW AGREEMENT the AGENCY shall make an equitable adjustment in the (1) maximum The Federal Highway Administration and the amount payable; (2) delivery or completion Washington State Department of Transportation shall schedule, or both; and (3) other affected terms have the right to participate in the review or and shall modify the AGREEMENT examination of the work in progress. accordingly XVII C. The CONSULTANT must submit its request CERTIFICATION OF THE CONSULTANT AND for equitable adjustment" (hereafter referred to THE AGENCY as claim under this clause within 30 days from the date of receipt of the written order Attached hereto as Exhibit "A-1 are the Certifications However, if the AGENCY decides that the of the Consultant and the Agency, Exhibit "A-2" facts justify it. the AGENCY may receive and Certification regarding debarment, suspension and act upon a claim submitted before final other responsibility matters - primary covered payment of the AGREEMENT transactions, Exhibit"A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, D Failure to agree to any adjustment shall be a and Exhibit "A-4" Certificate of Current Cost or dispute under the Disputes clause. However, Pricing Data. Exhibits "A-3" and A-4" are only nothing in this clause shall excuse the required in Agreements over$100,000. CONSULTANT from proceeding with the AGREEMENT as changed. XVIII COMPLETE AGREEMENT E. Notwithstanding the terms and condition of paragraphs (a) and (b) above, the maximum Local Agency Guidelines Page 9 of 21 May 1994 Exhibit "A" Resolution No 2908 806Z ON uoilnIosaa V.. H U11x3 Aauzoggy Agin uzngnv 'spTouAag •r TOPgPTW WU03 OZ SY NzaTO Agip uanqny 'wexsea g aTTatueZ r-.•ter°°Of a JSaLSv irdiauud cr-u rignki Hi.p (auagy HZOOH 'V saauvnJ y Q1- VA rap -CIOV a AEI •oul'Irluawuonnu3 aaluad lurljnsuop -uanum anogr. lstg Ira( put Xrp ayl Jo sr, IN31NI332IOV sup palnaaxa anm many saT rd ayl `;oaaag ■ slaw?m uI •;oaJayl suopipuoa put suual ayl;o 11 of saa.JS t put 1N31ni3321`JV aql ldaaar Xgwaq saop put INVI'If1SNOO ayl Aq pannugns siruawtu 3uiuoddns am put `prsodoad ayl ui paumwoa sluawaw t put 'sluruanno •saputnrm 'suoprluasaidai 'sluawaltls ❑r ldopt put Xjntj Agaiaq saop INvirif1SNOJ ay L '1oa33a Iegai Irapuap! &wnry iruiSuo ur, aq of pawaap aq Timis goiym;o tiara 'surdhalunoa ItJanas ui palnaaxa Xisnoauellnuns aq Arw IN3IWI3321OV ALL 3DNIV.Ld3DDV UNV NOI.Lf173X3 XIX IN3IAI3321`JV siyl 04 luawpuawr ut sr sawed ayl Aq paufis put Supum of paonpai ssapm Rpm aq iieys aoaiay swaal 0141;o suoprayipow JO 'sluawpuawe 'saSurtp oN .many quo; las lou luawaaiSt in asuuoid `uourluasaidai 'luawalrls Sur io; aigrg aq jo 6q punoq aq lou iirgs saiprd am put 'arw of Aluoylnr srq Kurd Jayua;o anprluasaudaJ Jo 1ua3r ON •saiued 0141 /Cq uodn paan3r. suoisTnad put suoilrindps 'sluruanoo Qt suirmoa swa mi:mut paauwajw put luawnoop sun EXHIBIT "A-I" CERTIFICATION OF CONSULTANT Project No. Local Agency I hereby certify that I am K. Michael McDowell and duly authorized representative of the firm of Pentec Enviromental, Inc. whose address is 120 Third Avenue S., Suite 110. Edmonds. Washington 98020 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 fine. 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 aclmowledge 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 criminal and civil. Date ___ Signature / 11 11(67-<7 CERTIFICATION OF AGENCY OFFICIAL \ I hereby certify that I am the AGENCY Official of the Local Agency of GiT 4 ere >4't)Qu t 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. Local Agency Guidelines Page 11 of 21 May 1994 Exhibit "A" Resolution No 2908 (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. Date rt, 02/, /lit Signature C 1ta /tS Cc 1� Exhibit "A" Resolution No 2908 EXHIBIT "A-2" CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS 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 1.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): Pentec Environmental, Inc.pJ /2 ; l4.Gam% ��i�a�y�V( 1� II ate President or Authorized Official of Consultant (Signature) Local Agency Guidelines Page 13 of 21 May 1994 Exhibit "A" Resolution No. 2908 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): Pentec Enviromental. Inc. 2 : - Zr"r YfildGt wO Da e President or Authorized Official of Consultant (Signature) Exhibit "A" Resolution No. 2908 en r a , { \ o \ § . r } « j / ! \ / s cc cp ) ) \ { \ $ ) ) ./ \ ) I co % / / '( \ ) ra CJ F. s e 3 % ® % \ C \ - / - \ 7 f / > a ! cu ( [ § / \ `E. \ } \ - \ e . / \ \ - \ § C \ j @ } \ a ( t ƒ $ \ j ) \ j \ EXHIBIT "C-3" PAYMENT (NEGOTIATED HOURLY RATE) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform with all applicable portions of 48 CFR 31 I Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits `D" and "E" attached hereto and by this reference made part of this AGREEMENT The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or subsequent 12-month periods within 90 days after completion of the previous period, the rates listed in this AGREEMENT or subsequent written authorization(s) from the AGENCY shall be utilized for the life of the AGREEMENT The rates are inclusive of direct salaries, payroll additives, overhead, and fee. In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly Any changes in the CONSULTANT's fixed hourly rates may include salary or overhead adjustments. 2. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT These charges may include, but are not limited to the following items: travel,printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the PROJECT shall be an itemized listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT 3. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT Such authorization(s) shall be in writing and shall not exceed the lesser of$50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 4 Maximum Amount Payable Exhibit "A" Resolution No. 2908 The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The maximum amount payable includes the Management Reserve Fund, but does not include payment for extra work as stipulated in Section XIV "Extra Work. No minimum amount payable is guaranteed under this AGREEMENT 5 Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits "D"and "E' , including names and classifications of all employees, and invoices for all direct nonsalary expenses. To provide a means of verifying the invoiced salary costs for the consultant s employees, the agency may conduct employee interviews. These interviews may consist of recording the names,titles, salary rates, and present duties of those employees performing work on the project at the time of the interview 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, STATE, and the United States, for a period of three years after final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim, or audit is started before the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. The three-year retention period begins when the CONSULTANT receives final payment. 7 Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS & E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within ninety(90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment. Local Agency Guidelines Page 17 of 21 May 1994 Exhibit "A" Resolution No 2908 EXHIBIT "D-2" Pentec Environmental. Inc. CONSULTANT FEE DETERMINATION - SUMMARY SHEET (SPECIFIC RATES OF PAY) 1998 FEE SCHEDULE Hourly Overhead Profit Rate per Job title rate 166.84% 12.00% hour Houghton, Jon 41 76 69.68 13.37 124.81 McDowell, Mike 41.99 70.05 13.44 125.48 Sargent, Ken 27.67 46.16 8.86 82.69 Zemke, Lizzie 25.62 42.74 8.20 76.55 Glowacki, Maggie 19.05 31 79 6.10 56.95 Allen, Stephanie 14.99 25.01 4.80 44 79 Mazer Greg 14 44 24.10 4.62 43.16 Technical Editor 17.99 30.01 5.76 53.75 Project Coordinator 17.57 29.32 5.63 52.51 Word Processor 13.63 22.73 4.36 40.72 Drafter/Graphic Designer 14.17 23.64 4.54 42.35 Budget Coordinator 15.50 25.85 4.96 46.31 Project Assistance 12.70 21 19 4.07 37.95 H:sbMkarenbbents\aubum\rate9B xis Pentec CONFIDENTIAL INFORMATION FOR CITY OF AUBURN USE ONLY page 1 Exhibit "A" Resolution No 2908 EXHIBIT "E" BREAKDOWN OF OVERHEAD COSTS The detailed direct pay, overhead and profit information was provided directly to Les Brattain, engineer, Public Works,City of Auburn in 1997 1998's rates were based on the same calculations. Exhibit "A" Resolution No 2908 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 forany 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 Exhibit "A" Resolution No. 2908 sB .A EXHIBIT G SUSAN BLACK & ASS0CIATES NR .:x •oN +rr,ac- •I iHL ICS rAt , L ! ,>. 4 J4 e � , 2•n) •, 1.1.A-.M. EXHIBIT G-2 CONSIJLTANTE FEE DETERMINATION - SUMMARY SHEET (SPECIFIC RATES OF PAY) 1998 FEE SCHEDULE Cumulative Job Title Direct Wage Overhead (163.2%) Profit (10%) Rate per hour Susan Black $33 00 $53 86 $8.69 $95 55 Robert Harding $33 00 $53 86 $8.69 $95 55 Jay Rood $33 00 $53.86 $8.69 $95.55 Charles Warsinske $33 00 $53.86 $8.69 $95 55 Exhibit "A" Resolution No. 2908 LANDSCAPE 4ltc!UTFr-TURE ♦ URBAN DESIGN ♦ ENVIRONMENTAL PLANNING ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MI"'DD"1 li PnooucEn _ _ ______ 9 /0 1 /9 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' ` ) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I S E D G W I C K O F WASHINGTON .= - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR S E D G W I C K N O B L E L O W N D E S ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2 1 0 1 F O U R T H AVENUE I S E P 0 3 1998 COMPANY COMPANIES AFFORDING COVERAGE SEATTLE WA 98121 :j 206 441 - 5900 Li-' A Federal Insurance Company INSURED ' COMPANY Pentec Environmental 'Inc 8 Karen El nberger COMPANY 120 3rd Avenue S C Edmonds WA 98020 I COMPANY OCT - 7 1998 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN Ii-SpCIIfe f<I INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 10' I ,; IO��',,�'�^j�wJIf�+JA/n�ErD1 ABOVE FOR THE POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEFt0-IS SUBJECT TTO ALLHTHE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E)QIflAT1ON DATE(MM/DD/YY) DATE(MW/DD/YY) LIMITS A, GENERAL UABILIY 3533 - 88 - 92 4 / 26 / 98 4 / 26 / 99 !GENERAL AGGREGATE 15 2000000 X (,COMMERCIAL GENERAL UAEILITV I PRODUCTS COMP/OP AGG 1 5 2 0 0 0 0 0 0 1 I CLAIMS X OCCUR ■ PERSONALSADVIiNJURY I5 n DE X OWNER'S 8 CONT PROT EACH OCCURRENCE 5 1 0 0 0 0 0 0 I X I WA STOP GAP ' FIRE DAMAGE(Any one fire)! 5 504_00 I I MED Err P (Any one per-Son) $ 5 0 0 0 A AuroMOBaEUABIUTY 7321 - 61 - 02 4 /26 / 98 4 / 26 / 991 I X I ANY AUTO I COMBINED SINGLE LIMIT 5 I I 1000000 PALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) 5 I X !HIRED AUTOS NON-OWNED AUTO ROPILY INJURY S (Per accident) I I PROPERTY DAMAGE S r-i GARAGE LIABILITY I AUTO ONLY EA ACCIDENT S ANY AUTO I OTHER THAN AUTO ONLY EACH ACCIDENT $ ! AGGREGATE 5 ! EXCESS LIABILITY EACH OCCURRENCE 5 1 UMBRELLA FORM ! AGGREGATE $ 'OTHER THAN UMBRELLA FOR. 1 WORKMAN'S COMPENSATION AND WC LIMITS OTH- EMPLOYERS LIABILITY TORY LIMITS I ER I THE PROPRIETOR/ EL EACH ACCIDENT ! $ PARTNERS/EXECUTIVE INCL I EL DISEASE POLICY LIMn ! $ OFFICERS ARE I EXCL ! EL DISEASE EA EMPLOYEE I S OTHER DESCFUPRON OF OPERATIONS/LOCATKASNEHICLE$Pfl ITEMS CERTHOLDER , ITS OFFICERS EMPLOYEES AND AGENTS ARE ADDITIONAL INSUREDS AS RESPECTS OPERATIONS OF THE NAMED INSURED THIS INSURANCE IS PRIMARY CERTIFICATE HOLDER ' -CiAMCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE CITY 0 F AUBURN EXPN ATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL A T T N C A R O L I N E B E R G T 3 ODAYS WRI TEN NOTICE TO THE cEHfFFcATE HOLDER NAMED TOTHE LEFT 25 W MAIN A U B U R N W A 9 6 0 0 1 - 4 9 9 8 BLIT NLURE TO MAUL L SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY KIND UPON THE ' AGENTS OR REPRESENTATIVES 2 8 3 4 -" 4.9GW{CK OF WASHINGTON, [�� -- ._ACORD 25-S(1/951 .. 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'M0138 S313 10d 381 A8 030BOAJV 37V83A07 3111 8311V S 3 0 N M 0 1 3 1 8 0 N 8 3 1 8 7 0 3 S 80 0031%3 'ON3WV ION 5300 31V31311833 SIN! '1301011 N O I D N I H S V M J O ND ! M 7 0 3 5 31V3IJ111133 3111 NOdf S1H91H ON 5833003 ONV KIND NOIIVWIOJNI 3O 8311V14 V SV 03n551 SI 31V3IIIIH33 SIH1 1133(10' 96/ 10 / 6 3ONVHf1SNI A.11119V11 AO 3lVOIdI11:130 afro:- RECORDS MANAGEMENT Ordinance No. Resolution No. 02)6 Date Adopted /2 c-2d' Copies to: 1 ) Department Contact(s). dC /-23�6� Finance Department �Ca.r-cam It (Copy if relates to fees, charges, or any accoun mg responsibility) 2.) Code Book: 3.) Recording File. 4 ) Citizen Requests: NAME Address cc: City Clerk ff>?� Gib't CHARLES A.BOOTH, MAYOR _ - AUBURN CITY CLERK Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001 Cathy Richardson, Deputy City Clerk City Clerk:(253)931-3039 Tamie Bothell, Records/License Clerk Business Registration:(253)931-3007 Fax (253)288-3132 STATE OF WASHINGTON) ss. COUNTY OF KING I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2908 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2908 " I certify that said Resolution No. 2908 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 20th day of January, 1998 Witness my hand and the seal of the City of Auburn this 15th day of April, 1999 Dan Ile Daskam, City Clerk City of Auburn CITY OF AUBURN INTEROFFICE MEMORANDUM TO Caroline Bergt, Contract Administrator FROM: Dahi Daskam, City Clerk SUBJECT Resolution No 2908 Agreement for Professional Services — Pentec Environmental Inc. DATE. January 22, 1998 The Auburn City Council adopted Resolution No 2908 on January 20, 1998 authorizing an Agreement for Professional Services with Pentec Environmental, Inc. to provide on-call wetland services during 1998. Attached is a copy of Resolution No 2908 and two fully-executed originals of the Agreement for your distribution. I have retained one original for filing with Resolution No. 2908. /dd Attachment File. A3 16 9, 03 4 1 17 f\clerk\cont\RES2908