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HomeMy WebLinkAbout1681 . . . 1 RESOLUTION N0. 1 6 8 1 2 3 A RESOLUTION OF THE CITY COUNGIL OF THE CITY OF AUBURN, WASHINGTON, 4 AUTHORIZIN6 THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXE,CUTE A CONTRACT BETWEEN THE CITY OF AUBURN AND REID, MIDDLETON 5 & ASSOCIATES, TNC. , FOR EN�INEERING AND DESIGN OF IMPROVEMENT PROJECTS TO BE COMPLETED AT AUBURN MUNICIPAL AIRPORT,. 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A RE6ULAR MEETING 7 DULY ASSEMBLED, HEREWITH RESOLVES THAT: 8 THE Mayor and City Clerk of the City of Auburn, Washington, are herewith 9 authorized to execute a contract between the City of Auburn and Reid, 10 Middleton & Associates, Inc. , for engineering and design of improvement pro- 11 Jects to be completed at Auburn Municipal Airport. A copy of said contract is 12 attached hereto, denominated as Ex Mbit "A° and made a part hereof as though 13 set forth in full herein. 14 THE Mayor is hereby authorized to impl�nent such administrative:'procedures� 15 as may be necessary to carry out the directions of this legislation. 16 DATED and SIGNED this 5th day of May, 1986. 17 18 CITY OF AUB N _ 19 20 21 Y 22 23 ATTEST: 24 25 26 ' �lr�G�.l� . ��iE,I�.Q/ —�i�yZTerT 27 . 28 29 30 31 32 ----------------------------- Resolution No. 1681 4/28/86 ' „;. _. . • . - - 3 �.�/1,� F� ' .. . +�i1�+�1�i .S�IQ�.$ � . In consideiation of the aiutual promises herein, THE CITY OF AUBiAtN, , _ . _. .. . . hereinafter called the CITY, and REID, MIDDI,EDON & ASSOCIATES, INC., � _ hereinafter called the bDI�LTII�G F3VGII�IIt, agree as follaws: WE�tEAS, the City owns and operates Auburn Municipal Airport, located in Auburn, Washir►gton, hereinafter called the AIIiP(HtT; and WI�tE�S, the City desires to employ the Consulting Engineer to perform certain engineering services in connection with c�nstruction of an ac�ss ;oad and parking lot, sircraft tie-down apron, nm-up apron, safety azea gradirig, reflectors and signs, rotating beacon relocation and stovn draiaage/retention, k�reinafter called the PROJECT, where such services are not de�ed practicable to be perfornied by Airport �ployeea or staff; and L�tFa-S, the Consulting Engineer is qualified to perform such services and is willing to imdertake and perfonn such work under the ternis and �ditions and for the compensation hereinafter mentioned; and NOW, T�tEFORE, the parties mutually agree to the fallaaing terms and conditions of �nployment: A. F.N@IAYNIENi' OF TBE CONS[JLTING II�GID]EEI2 The City hereby employs the Consultuig Engineer to perform the said ” engineering and a�ninistrative services i.n acxordance with the tevns and co�xlitions aet forth hereinafter, effective April 15, 1985. B. SERVICFS 7l� BE PERFO� BY T� dOBlSULTING ENGINEECt The Consulting Engineer agrees to perform, acxording to its best ability and skill and in a worlaoanlike manner in accordance with the standards of the profession the various engineering services required in connection with the said Airport project, as set forth following: 1. Obtain the services of a geotechnical fiim to concluct aoils innestigations and/oz other specialized tests required in connection with final detail �sign, including meeting the criteria required by the FAA. Copies of all test reports will be f„**+;�►� to the City and the FAA. 2. Conduct accurate topographic surveys of the acxess raad and parking lot, aprons, safety area and, stoim facilities, in such detail as to serve for final project �sic� and determination of construction contract quantities. . -1- � 3. Pre�re detailed final engineering desic�ns for the access raad and_parking lot, aprons, safety area, stoffi facilities, reflectors and signs and.rotating beacc�nn to be inoluded in the City's p=oject. 4. Pre�re oo�pl.ete construction oomract plans a� specifications for.the City's project, segregated into logical individual bi&]ing and construction units, with the view to securing for the City the best possi.ble bids and lowest practicable constructi� cost. Inclu� appropriate bid , alternates to afford the City adequate fleaibility in making final contract awards to secure the maxim�nn in desired improv�ents and facilities witbin such project cost as the City desires or is prepared to oom�ni.t. Make reasonable modifications as may be fo�md rrecessary to c�anply with FAA requir�ems.: �e Engineer shall provide forty (40) sets of the approved plans and specifications to supply to c:ontractors requesting plans for purposes of bidding, shall , furnish the FAA and the City each with �e (1) set of plans and speci.fications , for their files, and four (4) sets to the contsactor for use during construction. 5. Pre�re detailed project wst estimates, broken c]own by construction itens, by contract units and by bid alternatives. 6. Assist the City in securing and evaluating construction bids, in prepating an abstract and recamiendation for subanittal to the FAA, iri . negotiatuig with prospective contractors, and in award of final oonstruction c�¢ttracts. 7. Perform construction staking for the storm sewer ditch and piping and check the rest of the work to ensuze that it meets the grades and . � lines of the glans and speci.fications. 8. Consult with ar►d advise the City and FAA during construction. 9. Furnish day tiy day on-job construction observation; and on.the basis of on-site obsezvations as a Consulting Engineer, endeavor to guard the City against defects and deficiencies in the work of the Contractor. The Enqineer shall be required to make such on-site obsezvations as will reasonably assure the Sponsor of ccm�pliance to the contract �nts and will advise the � City of a� defects or �ficiencies noted. The ESigineer shall nat be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work. Stich responsibility shall rest with the Contractor. 10. Maintain a journal of Contractor activiti� and oonstructior► progress. Beep records of construction quantities, prepare Contractor estimates and furnish certifications for Contractor's interim �yments. The Engineer will furnish the City and FAA a weekly construction progress and ;��ction report. -2- 11. Ol�erve quality com.rol tests and xeview test reporta. 12. The Engineer shall pre�re all addition and deletion change orders, and/or supplgnental agreenems as required. After acceptance tiy the c�ntractor, copies will be sub�itted to the City and the FAA for approval. before. proceeding with the work. 13. The Engineer shall prep3re periodic estimates during the. construction of the project and shall prepare the final estimate when the work is c:o�pl.eted. Periodic estimates shall be su6mitted re9ularly (usually' moathly) to the City for concurrence and submitt8l to FAA for Federal partici�tion payments. 14. When the project Yx�s been cc+mpleted and is ready .for final. accep�tance, the Ehgineer shall arrange for inspection of the finished work by the EAA, the City, the oontractor, ar� the Engi�er follawuig which the final esti.mate far the work will be considered by the City. 15. ilpon acceptance of the oonstruction, the E�gir�er shall furnish the City all maps. plats, drawings, estimate sheets, and other contract documents required for the project. Dpon ca¢npletion of the work specified herein, all material docianems, including but nat neoessarily limited to the following data, acquired or produced by the Engir�er in conjunctio¢i with the preparation of the plans shall be delivered to and becwne the property of, without restriction or limitatioa� of their future use by, the City: a. Field notes of all surveys, reference ties, and eoil im�estigation. b. One set of reproducible as-built construction plans. c. A final project sw�ary and statistical analysis report. 16. Prwide project cooidination between the City, FAA and cbntractor. . 17. Update the airport layout plan and furnish copi� to the City and the FAA. 18. Obtain the services of an indepetu7ent testing laboratory to perfoxm quality control testing and an aspd�alt mix design as necessa=y to �et the requir�nts of the FAA. Copies of all test reports will be furnished to the City and the FAA. C. ODMPIISSATION As full compensation for all seivices heretofore mentioned in oorn�ection ' with tt�e City's project, the City agrees to pay, and the Enqi.neer agrees to accept, the amount in cash computed in the manner set forth following: -3- 1. For all setvices outlir�d in foregoing Section B, Itans 1 through 6, inclusive. the City agrees to paYr. and the.`IIzgineer agrees to accept, the lianp stmi of $24,341. 2. For all services outlined in foregoing Section B, Items 7 through 17, inclusive, the Engineer shall be paid on the basis of the'ntanber of hours worked, multiplied by the appropriate hourly fee as specified in the conditions , of agre�em attached hereto as Eshibit "A" and incorporated by reference. 3. The masimmi estimated total engir�ering cost for this project is . $45,409. Plny a�nount wer tt� estimated maximCmm will be negotiated and agreed upon between the City and the F.hgineer in writirn� prior to beginning of addit3onal work. D. � 7.�e City agrees to make awa►thly payments based upon work performed by the Engineer and detailed in a monthly report subani.tted by the Engineer prioz to payt[�ent. E. PAYMENP FOR SOII.S INVF.STIGATION AbID TESrING It is imderstood that, in conformance with standard professiornal practice, payn�ent for soils issvestigation, soils and m�banlmient testing, quality control testing, laboratory analysi.s, and reports are ir�luded in the Eng3.neers' stipulated fee, but will be paid for directly to the testing fi�s by the City apor► approval by the ES�gineer. The Engineer agrees to obtain proposals from gualified specialists for the perfo�mance of said soils i�estigation and quality c�ntrol, and to sutmit said proposals to the City far a�radal prior to initiation af such work. F. PIItIOD OF � The provisions of this aontract and the vazious rates of compensafian for Engineer's servicea provided for. elsewhere in t1v.s agre�ent have been egreed to in amicipation of the orderly and continuous progress of the project through oa¢npletion. Engineer's obligation to render services hereimdez will extend for a period which may reasonably be required for the project incl.uding � eatra vrork and required extensions thereto. G. COI�LIANCE WITH FIDERAL R�C�7L�ATIONS The Engi�eer further agrees that: 1. The City, the Federal Avi.ation Ac�inistration, and the Comptioller General of the IInited States or any of their designated representatides shall have acoess to a� books, docwnems, �xipers and re�rds of the Fhgi�er which -4- are directly pertinent to the grant program for the purpose of making audit, - Pg���t].OII� eacerpts, and transcriptions. The. City requires �that the ENGII�ER ma;..ra;n �1 required records for three years after the City makes f;*+a� payment and all other pending matters are cloaed. 2. The Ehgineer agrees to cbmply with Federal FScecutive Order No. 11246, entitled, "Equal F�nployment Opporttmity,° as suppl�ented in Depart�em of. Labor Regul.ations (41 CFR, Part 60) if this "agreeoent" exceeds $10,U00 and Sections 103 and 107 of the Comract Work Ho�rs and Safety Standards Act (40 IISC 327-330) as supplenented by Departrnent of Labor Regulations (29 CFR, Part 5) if thiS "agleenent" exceec7s $2,500. 3. The Ehgineer has formulated, adopted, and actively maintains an affirmztive action plan in compliance with Executive Order No. 11246 entitled, "Equal F]nplayment Opportimity.° The Engineer does not discriminate on the basis of race, color, ethnicity, religion, czeed, national origin, sex, aqe, marital status or presence of a non-job-related physical, sensory or mPm-a1 handicap/disability. Goals and targets aze specified in the affi�ative action plan to assure its impl�entati�. 4. All services perfo�med shall be in conformance with any and all applicable nil.es and zegulations of the Federal Aviation AcLninistration. 5. Whereas, it is the policy of the Department of Transportatiam (n0't') that Minority Business F�terprises as defir�d in 49 CFR Part 23, shall bave the maximmi opportunity to participate in the perfornance of comracts financed in whole or in'part with Federal funds, consequently. the NIDE requir�ents of 49 CFR Part 23 a�ly to this contract. The Ehgineer shall agzee to ensure that Minority Busi�ess FSiterprises as defined in 49 CFR Part 23 hane the araxim�nn opportunity to participate in the perfox�mance of contracts and subcomracts fiu�anced in whole or in part with Federal fimds. In this regard, all Contractors shall take all necessary and reasonable ste� in ac�rdance with 49 CFR Part 23 to ensure that Mino=ity Business Enterprises have the maaim� opportimity to co�pete for and perfornm cornsacts. Contractora shall not discriminate on the basis of raoe, color, national origin, or sex in the award and perfo�mance of DOT assisted cotttracEs. 6. During the perforniance of this services w�ract, the Engineer, for itself its assi s and successors in interest a rees as follonvs: . 9� 9 a. Cw�liance with Reaulations. The Engineer shall oamiply,with the Regnlations relatioe to naa�discrim3nation in federally assisted programs of the Departraer►t of Transportation (hereinafter, °D�T") Title 49, Code of Federal Regulations, Part 21, as they may be a�nded from ti� to ti�, (hereinafter referred to as the Regulations) , which are herein incorporated by reference ai�d ' made a part of this contract. -5- I b. Nondiscrimination. The Engi�er, with regard to the.work perfo�med by it during the contract,. shall nat discriminate on the grounds of race, color, ethnicity, religion, creed, national origin, sex, age, marital status or presence of a cron-job-related physical, sensory or mental handicap/disability in tkre selection and retention of sabcontractors, including procurener►ts of materials and leases of equi�ment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract cavers a prograon set forth in Appendix B of the Regulations. c. S9licitations. for Subcontract. Includirm Procurement of Materials and Eauirxaent. in all solicitations either hy c:oa�etitive bidding or negotiation ma� by the Engirieer for work to be performed imder a subcomract, including procur�ems of materials or leases of equiFment, each potential subcontractor or su�rplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Reg�l.ations relative to nondiscrimination on the grotmds of race, color, ethnicity, religia�, creed, national origin, sex, age, marital status or presence of a �n-job-related physical, aensory or mental handicap/disability. d. Infornation atid-Renorts. The Engineer shall prwide all inforniation and reports required by the Regulations or directives issued pursuant thereto and shall pe�.it access to ita books, records, acooimts, other sources af information, and its facYli.ties as may be determined by the City or the Federal Aviation Ac�ninistration (FAA) to be pertinent to ascertain caopliance with such Regulations, orders, and instructions. Where a� information required of the Engineer 3s in the exclusive possession of another who fails or refuses to furnish this 3nformation, the Engineer shall so certify to the sponsor or the FAA, as appropriate, and shall aet forth what efforts it • has made to obtain the information. . e. Sanctions for Nor�lience. In the eve,nt of the Eng3neei's nonco�pliance with the nomdiscriminati� provisior�s of this contract, the City shall. impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: - (1) withholding of payments to the Ehgineer under the wr►tract. until the Yhgineer c�anplies, andYor (2) cancellation, termination, or suspension of the comract, in whole or in part. H. GEI�RAL The IIigineer and the City mutually agree that: 1. The City and the Engir�eer each bi.nd himaelf, his partners, successors, assigns, and legal representatives to the other party to this -6- �g wntract and the �rtners, successors, assigns and legal representatives_ of such other party in respect o£ all cwenants of this contract. Neither the City nor the F.ligineer shall assign, sublet, or transfer its interest in this contract without the written consent of the other; 2. This contract may be terminatec7 by either party upon seven (7) days written notice should either party fail substantially to perform in accordance with its teans through no fault of the other. it is also understood that any ,such violation or Breach of Contract is subject to legal remedies in addition to any contractual or ac3ninistrative measures; 3. The original plans and specifications shall ranain the property of the Ehgineer; however, the City will be provided orue (1) set of speci:fications and reproducible plans whether or not the project is executed. The City may then use those plans in any mannex he wishes, provided the Engineer's nameplate, logotype, masthead, or other identification is deleted for any use outside the scope of this agreemer�t; 4. Reasons for which this agreenent may be terminated for default include, but are not limited to, inferior or �completed �zk by the F�►gineer, lack of diligence by either party, inabil3ty to meet specified ti.ure consEraints by either party, failure of the City. to provide civil, structural, mechanical, or other details of systems existing at the site; 5. Reasons for which this agre�nent may be texminated because of circ�nnstances beyond the control of the Engineer include, but are not limited to, nonavailability of funds, policy decisions to abar�on or postpone the Mrork indefinitely. 6. In the event any substantial dispute shall arise as to tfie meaning of any of the clauses in this agreemem or in the determination of simis to be paid hereunder, and provided such dispute cannot be mutually resolved, then said dispute.may be submitted to a board of three arbitrators; one of whoan shall .be appouited by the City and one by the Engineer or his insurance aci�g�ariy, and the two thus appoir�ted shall choose a third member; and pazties � hereto agree that ariy decision of the said board of arbitrators shall be binding upon both parties hereto, and said parties shall abide by the decision. 7. Should litigation or azbitration occur between the two parties relating to the provisions of fhis contract, all litigation or arbitration expenses, crollection eapenses, witness fees, court costs and attorneys fEES incurred by the party who substantially prevails shall be paid by the party who dces not substantially prevail. Venue, should litigation occui, shall be Ring County. Washington. 8. Neither party shall hold the: other r�ponsible for clamages or delay in perforniance caused by acts of Gods, strikes, lockouts, accidents, or other everits beyond control of the other or the other's employees or agents. -7- 9. In the event that any i�onsistencies exist between the terms and caaiditions contai�ed in this contract and those contained in Exhibit A, this contract shall gwern. 10. In the evem any prwisions of this contract shall be held to be icroalid and unenforceable, the renaining pravisions sha].1 be valid and binding upon the parties. One or more wainers by either party of any provision, term, condition, or covenant shall nat be construed by the other party.as a waiver of a subsequent breach of the same by the other �arty. I. CITY'S RESPOKSInrr.TmrFc The City agrees that: 1. The City shall make available to the F�gineer all technical data that is in the Sponsor's possessioa including roaps, surveys, property descripti�, borings, and other information zequired by the Engi�er an3 relating to his work. 2. The City agrees to cooperate with the IIigineer in the approval of all plans and specifications, or should they disapprwe of any part of said plans and specifications, shall make a decisio�n within twenty (20) days in order that no undue expense will be caused the Ft►gineer becaase of lack of decisions. if the Engineer is caused eatra drafting or other expense due to. changes ordered by the City after the canpletion and approval of the plans and specifications, the II�gi�eer shall be equitably paid for such extra expenses and services uroolved. 3. The City shall pay publishing costs for advertisement of notices, requests for bids, and other similar itans and shall pay for all petmits and licenses that may be required by local, state or federal authorities for the project. J. LT�►T'�TTON �' LIABILITY The F�giaeer shall not be liable for c7amages resultuig from the actions or. inactiona of qwertm�ental agencies, and the Engineer shall only act as an advisor in all. govermnental relations. RNA shall, hanever, be responsible for its own acts and oanissions. in the event that a� staking is destroyed by an act of Goc7 or �rties other than consultant, the cost of restaking shall be paid by City as eatra . work, pronided such work is authorized by the City. R. R�tANCE The FSiginzer shall obtain and maintain continuously public liability insurance and Engineer's professional errors and avnissions to protect the public with limits of liability �t less than: _� , .:. . , • - $500,000.00 combined single limit boc]ily injury ard psoperty damage, $250,000.00 combir�d single limit engineer's professional errors and , aanissions; w3th appropciate coverage endorsanents to include broad form comractual, broad fonn property daroage, contractor's protective, auto and non-owner auto. S�h insurance shall include the City, its officers and enployees as an additional insured except for pzofessional liability, and shall not be reduced or caricelled witkiout 30 days written prior notice certain to the City. The E�gineer shal]. provide the City a certificate of insurance or, upon written request, of the City, a duplicate of the policy as evidence of insurance protection prwided. Insurance certificates provi.ded by any insurance company or �rwriter containing the language "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the oom�any" or simi.laz language is unacceptable. L. ENGI1�IIt'S CET2Z"iF'I(�,TION The City and the Ehgineer hereby certify that the Engineer has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this comract to: 1. E�ploy or retain, or agree to employ or retain, any ficm or person. 2. Pay, or agree to pay, to any fixm, person, or organization, a� fee, crontribution, donation or consideration of a� kind. IN Wi7.'t�'.SS Wl�2IDF', the parties hereto have affixed their signatures this 7th �yY of May � 1986. F A REID, MI�'.11)N & IATES, INC. � `�2�z��� Title Mayor Title �K �t c � Pr�„�da� Attest A%LGG.c.�� �• / �� � Title . Attorney Date Ma , 1986 -9- � ' - - � Reid, Middieton & Associates, Inc. Engineers • Surveyors • Plonners P�T'�+�NJ.' 7.0 IIQiIBIT A 7ndividual Rate Schedule May 1, 1985 Anclerson, William L. Drafter 30.75 Bakken. Hetty J. Secretary 28.34 Barm�, itichard L. Prindipal Planner 53,05 Binz, tAatthew E: Assistant Eaigineer 36.06 Eand Christie Marketing Assistant 22.64 Brautaset, Jens Senior Engineer 46.23 Brock. Jotm L. Servey Technician 24.96 Hueinq, David J. Survey Technician 24.74 (�rpenter, Herbert R. Principal Planner 47.24 Ci=idon. Walter A. Design Drafter 35.61. gall, gandy D. Assistant Engineer 40.67 Harris, Brian S. Party Chief 34.02 Healey. Richard A. Surveyor 37.73 Helmer. Duane Br3ncipal Ea�gineer 54.47 � Eolland, R. Craig Principal F�gineer 58.28 Hopkins. Eenry R. . Principal Engineer 57.77 Aoward, Donald A. Party Chief 38.40 Jut�g. Reinhart 0. Senior F3lgineer 51.82 Rato, Richard M. Princpal Fhgineer 58.14 Rlekotka, John Assistant IIigineer 31.14 Itrw�wlson,: Jmnes S. Senior ESigir�eer 45.03 Rriudson, Rodney O. Principal Engineer 54.47 Lord. Mary Anne Aa:ountant 37.31 MeGillivray, Debra J. Secretary 20.96 ��. p� W. Principal P�gineer 58.89 Matnlich. Raren J. Assistant IIu�ineer 34.21 Mays, gobert W. Const.ructian Inspector 38.54 Middleton, Leroy F. Director of Surveying 65.00 Middleton. Nlichael L. Party Chief , 34.02 Nbrgan, Allan R. Associate F�►yineer 40.67 �, �� p, Executive Diiector 65.00 l�t�ajski, Anthom• p. Design Drafter 33.9U Nelson, S�zaiuie J. Secretaty 19.20 Olaen. John 0. Director of F�gineering 65.00 Owen, Relli A. Assistant F�igineer 31.14 Perrigo, Gail A. Technical Writer 40.53 Rapalee; Brian W. Assistant F�igineer 31.14 g�y�, J� g, Executive Director 65.00 , g��, g�nneth g, Director of Planning 65.00 gichardson, Tim Assistant Director 31.14 gpsentum� T3m Senior Planner 46.48 Ria�dall, John w. Senior Engineer 45.67 Seavy, Jatnet E. Secretaty 23.:06 Seguin. Brian P. ' Senior Surveyor 42.34 Serna, Madeline Secretary 17.05 Stevensos, Robert L. Survey Manager 52.83 Stocker, Janet J. Assistant Engineer 34.21 Rbwnsend. Hubert C. PrinCipal Ftigineer 58.44 121 5[h Avenue North, Suite 200, Edmonds, Woshing[on 98020 (206) 775-�4�4 ,� . ' , . - - • Reid , Middleton � Associotes, Ine. EFFECTIyE ppY �� �g85 Engineers .• Surveyors • Plonners CONDITTONS OF A6REEMENf EXHIBIT °A° I. FEE-ARRAN6OIE14iS �'A. Ttme-P1us-Exoense Bas1s CITY OF AUBURN Personrrel F� w111 be equal to 2.15 times aetual salary expenses* for a11 emp7o,vees involved in services per- formed, except for DeparLnent Direetors, Executive Directors and Survey Crews. The muitiplier covers overhead and profiA Following is a 11st of representatfve direct sataries. D1reet Saiacv Sehedule �/Hour - Direet PH�rc1pa1 Engineer . . . . . . . . . . . . . . . . . . . . . . . . 20.80 - 27.07 Senior Engineer . . . . . . . . . . . . . . . . . . . . . . . . 16.54 - 18.54 AssoelaLe'Engineer . . . . . . . . . . . . . . . . . 14.55 - 16.34 Aszistsnt Engineer/Field Engineer . . . . . . . . . . . . . . . . 77.14 - 13.97 Design Drefter . . . . . . . . . . . . . . . . . . . . . . . . 11.00 - 12J3 Drafter/Technician . . . . . . . . . . . . . . . . . . . . . . 8.93 - 77.03 Prinetpal/Senior Planner . . . ... . . . . . . . . . . . . . . . . . 76.89 - 19.00 Survey Manager . . . . . . . . . . . . . . . . . . . . . . . . . . 78.90 Senior Su'veyor . . . . . . . . . . . . . . . . . . . . . . . . . 14.87 - 15.15 Surveyor . . . . . . . . . . . . . . . . . . . . . . 13.50 Techniaal I1lustreWr. . . . . . . . . . . . . . . . . . . . . . . 71.03 - 16.89 Teehnleal Writer . . . . . . . . . . . . . . . . . . . . . . . . . 14.50 � SecretaMal . . . . . . . . . . . 6.87 - 10.74 : . . . . . . . . . . . . . . . Expert Mitness (1.5 times usual hourly fee) . * Aetual salary expenses tnclude pqyrol7 taxes and fringe benefits ' and are equtvalent to 1.3 times direet salary rates. F1xed Fee Sehedule E/Hour - Fixed Fee Department and Exeeutive Directon . . . . . . . . . . . . . . . . 65:00 2-Penon Sur4ey Crew . . . . . . . . . . . . . . . . . . . . . . 65.00 3-Person Survey Crew . . . . . . . . . .. . . . . . . . . . . . . . 84:00 4-Person Survey Crew . . . . . . . . . . . . . . . . . . 100.00 4-Perscn Survey Crew, F�ydrographic . . . . . . . . . . . . . . . . 115.00 IndlWd�ts mt tn the pemianent employ of RMR may occasionally be engaged under personal service arrbngements Lo meet specifle �ob`requiremeMs. Charges to the dient for such personnel wi11 be equal to 2.15 times aetual salary expenses but not Tn exeess of the amount charged for a comparable full time RMR eaqioyee. M overtime premimn mqy be charged if the c7ient's requirements make overtime work necessary. Equipment * S/Nour - Regular Survey Boat.and Motor. (ptus fue7) . . . . . . . . . . . . . . . . 6.00 Oepth-RecoMtng Fathameter . . . . . . . . . . . . . . . . . . . . 6.00 Cooq�6ter (Nang 2200) . . . . . . . . . . . . . . . . . . 30.00 taiputer Aided Drafting�Equipment� . . . . . . . 25.00 Etectronte Word Processor ar Personal�Co�uter Iiith 'Software . . . 7.00 * Rates stated are addltive to applteab7e personnel rates. Retmbursable Expense 1. Thirty cents (50.30) .per mile for use of RMA or anptoyee veM cle. 2. Actual travel and subsistenee expenses incurred by employees and principals when away from the home office on business connected with the etient's work, 3. Actual eommunlcation expenses, sueh as long dlstance telephone, telegraph, cable, express and postage direetly applicable to the client's work. 4. Invoice costs for. outside services directly applicable to the client's work, such as special legal and aceounting, computer D�9ramning, special consultants, soils testing and laboratory . serviees. 5. Aetuat special drafting and stenographic supply costs directly applicable to the client's � vrork, as distinguistied from supplies and expenses appiicable to adm9nistrative activities, 6. Actual reD►'oduetion eosts directly applicable to the c7.tent's work, such as blueprinting, � phoWgraphlcs, owlti-copies. printing, and binding, � 7. Miscellaneous dlrect'eosts applieable to the client's wark, � A new schedule of charges is issued effective May lst of each year or when otherwise dictated by inflationary pressure. Unless other arrangements have been made, charges for all wock, inctuding con- tinuing pro�ects iniLisLed in Lbe pciar year will be based on the latest schedule of charges. B. Neootiated Fee Basis Where preferabie to a "71me-Plus-Expense" agreement, fees may, be negotiated on an alternate basis such as fixed fee, percentage of construetion costs, or cost plus fixed fee. 121 Sth Avenue North, Suite 200, Edmonds. Woshington 98020 (206) 775-�4�4 ' ._ . . ` , �� . . . � CITY OF AUBURN II. TENMS OF PAYMENT Fees and all other charges wi77 be biiled monthly as �+ark progresses and the amount of each invotce sha11 be due end payable ten (10) days after the date of sueh invotce unless otherwise agreed. Any portTon of an invoice not pafd within tM rty (30) days of the billing Gate sha11 ;6e consldered detinquent and shall bear a delinquency charge of 1-1/2 percent per aanth (6ut not exceedtng the maximum rate elldwed by law) from the due date an the unpaid balance. If eny owner payment due the consultant becomes delinquent, ihe consultant may at its option, suspend services until all such amounts due, including interest, have been paid in ful1. In no event shall said delinquency charge or the payaient thereof extend the due date. Payments received on delinquent accounts will De applied first to accrued interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the clSent. III. SCOPE AND EXECUf10N OF SERVICES RMR shall render its service in accordance with generally'deeepted professional practiees .for the lntended use of a pro�ect nnd makes no other warranty, either•express or implied, as io ifs findlnqs, recommendations, speeificatlons, or pr6fessional advice. In the event that the eltent requests teiminstion of the work pMor to eompletion, RMA reserves the Nght to canplete sueh analyses and records as may be neeessary to plaee 1ts f11es tn order � and, wherc consldered�necessary to protectr its professional reputation, to canplete a report on work performed to date. A termination charge (liquTdated dpmages) to cover the casis. thereof in an amount not to exceed ten (10) percent of all charges incurred up ta tfie 'date of the stoppage of the vrork may be made `at .the dSscretian of RMA. RMA will dillgentty proceed with the work eontracted for, but 7t is expressly egreed and under- stood that RMA shall not De held responsible for del�ys oceasioned by faetors beyand its controt, nor by factors which could aot reasonably have been foreseen_ at the time'of the execution of the agreement between the parties. RMA shell, however, be responsible for delays caused by its own acts and/or omissions. In the event either party makes a claim against the other for any alleged error, omission or other act arising out of the performance of this contraet, and that party fails to prove such claim, then that parfy shall pa�y all eosts, lncluding actual attorneys fees inwrred by the other in defending itself against such clalm or clalms. The e7tent sha11 pay the costs of goverrmlent fees, soils testing fees, aerial topograpf�y fees. monw�nts, copies, amterials and all other charges not specifieally covered by the terms of this agreenent: • IY. OWNERSHIP OF DOCUMENTS All drawings, speetftcations and other wark products prepared by RMA for a pro�eet are instnaaents oP servtce for that pro�ect only, and shall remain the property of the City, whether the pro�ect ts completed or not. Reuse of any oP the instmmients' of servlce 6y the ellent on extensTons of tM s pro3ect or on any other profect without the written permission of RMA shatl be at tAe cllent's rTsk. My reuse or adaption of RMA's instruments of service occurrfng after the written agreement of RMA shall entitle RFW to further compensation in amounts to be a9reed upon by the client and RMA. The elient agrees to 1nEemnify and hald RMA harmless from all clalms, dama9es and expenses, including attoroey's fees, if it expressly authorizes reuse of the instruments of service without RMA approval. V. LIMITATION OF LIABILITY ' tonsultant shell not be liable for damages resulting from the actfons or inactions of goverNnental agencies, and consultant shall only act as an advisor in all governmental relations. RMA shatl, hov�ever. be responsible for its own acts and omisslons. In the event ihat ar�y staking 1s destroyed by an ect of God or pnrties other than consultant, the cost of resLaklny sha71 be peid by client as eztra work, provlded such vrork 1s authorized by c7lent. Consultant makes no warranties or offers no opinion as to matters of unaritten title sueh as adverse possession, aequtescence, estoppel, and unrecorded easements. VL RESPONSIBILITY RMR shall be nsponsible for the professtonal and technical accuncy and coordinatlon of atl designs, drawings, specifications and other vrork or materials furnished by RMA under this Agreement in accordance with generhlly accepted professional prectices in Western Washington and in consideration of the type of work, ormers direction received, and the use of NM ch it was tntended. RW1 sh811 without additional cost or fee to the City, correct or revise any erro� or deficiencies in this performance. 'It is expressly understood and agreed that neither the C1ty's review, approval, or acceptance or, nor payarent for, any of the services required under tMs Agreement shatT be construed Lo operate as a waiver of any right under this Agreement, or of any cause of action arising out of the performance of thls Agreement, or recovery of reasonable costs of any kind wM ch are incurred, by the City as a result uf RMR's negligent performance of the services furnished under this Agreement. It is further underst6od and agreed that the N ghts and remedies of City provided for in this Agreement are in additton to any other rights and remedter provided by law.