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HomeMy WebLinkAbout5.226 Original ContractOctober 4, 1988 110 GKvjh MEMORANDUM TO City Manager, Mayor City Council FROM Jack Pittis, Director of Public Works SUBJECT Consideration of a Consultant Contrac r Surveying Golf Course Road Reconstruction 5 ISSUE: Should the City obtain the services of a licensed surveyor for construction staking on the Golf Course Road Reconstruction project? BACKGROUND /ANALYSIS: On August 2, 1988, the City Council awarded the contract for reconstruction of Golf Course Road. The project is federally funded at 87% of approved construction and engineering costs. To provide proper control of the construction, the WSDOT specifications state that construction stakes be set by the Project Engineer. The Public Works Department is not sufficiently staffed to provide the surveying support required for a project of this size during the initial construction phase. The Public Works Department has reviewed its' consultant files and finds the firm of Polaris Engineering and Surveying, Inc. has the expertise and available manpower to meet our requirements and is available to start immediately, avoiding any delay in project completion. RECOMMENDATION: We recommend that the City Council authorize the Mayor to execute an engineering contract with Polaris Engineering and Surveying, Inc. in the amount not to exceed $9,000.00. 1 l- Gary Kenvorbhy; City Engineer s- CONSULTANT AGREEMENT FOR CONSTRUCTION ,"far i i;° t: THIS AGREEMENT, made and entered into on this day of October 1988 by and between the CITY /6UXXOF Port Angeles WASHINGTON, hereinafter called the "AGENCY," and the consulting firm of Polaris Engineering Surveying, Inc. whose addresses 111 East 3rd, Suite 2E Port Anyyeies at which work will be available for inspection, hereinafter called the "CONSULTANT." The STATE OF WASHINGTON acting by and through the Washington State Transportation Commission and the Department of Transportation, hereinafter called the "STATE," together with the Federal Highway Administration, hereinafter called the FHWA, administers the Federal -aid funds. WHEREAS, the FEDERAL GOVERNMENT through its Department of Transportation and the FHWA, pursuant to Title 23, U.S. Code, has established a program of Federal -aid to the states designated as the Federal -aid Program, with a general purpose to increase the safety and capacity of roads in the United States, and WHEREAS, the Agency desires to accomplish this Federal -aid project, number FAP1 7535(1) entitled Golf Course Road Construction with the aid of FADS funds provided under the Surface Transportation Assistance Act of 1987, Title 23, U.S. Code, Highways, and all amendments thereto and the rules and regulations promulgated by said U.S. Department of Transportation, in the Federal -aid Highway Program Manual, and WHEREAS, the Agency has not sufficient qualified engineering employees to accomplish the Construction Engineering Services on this proposed contract within a reasonable time and the Agency deems it advisable and is desirous of engaging the professional services and assistance of a qualified consulting engineering firin to do the necessary construction engineering, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that he is in full compliance with the statutes of the State of Washington for registration of professional engineers and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and WHEREAS, the Consultant has indicated that he desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: OBJECTIVES AND SCOPE OF WORK The objective of the Agreeinent is to provide engineering services necessary for the construction of the Project as described in attached Exhibit "B." The Consultant shall perform all work described in this Agreement necessary for complete Engineering Services required to construct the project in conformity with the policies and standards set forth in Section II. (List work in Exhibit B.) II CONSTRUCTION ADMINISTRATION CRITERIA Project Administration will be accomplished and documented in accordance with the latest edition and amendments of the following: 1. Washington State Department of Transportation /American Public Works Association (WSDOT /APWA) "Standard Specifications for Road, Bridge, and Municipal Construction." 2. WSDOT /APWA "Standard Plans for Road, Bridge, and Municipal Construction." 3. Washington State Department of Transportation "Construction .Manual.' 4. Washington State Department of Transportation "Local Agency Guidelines." 5. FHWA and Washington State Department of Transportation "Manual on Uniform Traffic Control Devices for Streets and Highways." 111 ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE AGENCY The Agency will furnish the Consultant copies of the plans, specifications, profiles cross sections, or other documents available to the Agency that will facilitate the construction adininistration of this project. (A complete list of applicable documents shall be included.) IV DOCUMENTS TO BE FURNISHED BY THE CONSULTANT One set of as built plans and one set of all accounts, papers, maps, photographs, or other documentary materials regardless of physical form of characteristics, made or received by the Consultant in connection with the transactions of this contract will be furnished by the Consultant to the Agency upon completion of the project. V TIME OF BEGINNING AND COMPLETION The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the Agency. The time required, in calendar days, for completion of all work under this Agreement shall be 45 working days following written authorization to begin. Established completion time shall not be extended because of any delays attributable to the Consultant, but may be extended by the Agency in the event of a delay attributable to the Agency or because of a delay caused by an act of God or governmental actions or other conditions beyond the control of the Consultant. A prior supplemental agreement issued by the Agency is required to extend the established time. Delays attributable to or caused by one of the parties hereto amounting to 2 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shall be paid by the Agency for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall he 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. (Select one of the following methods of payment.) Cost Plus Net Fee yment for work accornplished shall he on the basis of Consultant's actual cost plus a net fee. The actual co Inc des direct salary cost, overhead and direct non salary cost. 1. The •erect salary cost is the salary expense for professional and technical personnel and principals f. the time they ar- roductively engaged in work necessary to fulfill the terms of this Agreement. The dire salary costs are estrrna d to be approximately Dollars as set forth in the a .shed Exhibit "A" and by this reference nade a part of this Agreement. 2. The overhead costs identified on Exhibit "A" are determined as percen f the direct salary cost. The overhead costs e established to be approximately Dollars as set th in the attached Exhibit "A" and by this referenc• nade a part of this Agreement. The overhead cost rate is an e timate based on currently available accountin: information and shall be used for all progress payments over the pc od of contract. The final overhead cos ate is subject to adjustment based on an audit performed by the Agency, t State, or FHWA at the comple •n of the project and said final overhead cost rate shall not exceed •ercent and shall not incr ase the maximum amount payable for this Agreement. 3. The direct non salary costs are those costs direct incurr in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, su. >.1 •s and fees of outside consultants. The direct non salary costs are estimated to be approxunately Dollars of this Agreement. as set fort- in the at,.ched Exhibit "A" and by this reference made a part (If the consulting firm is a partnersh the following shall also -'.ly:) When the partners are productively engaged in work necessary to fulfill e terms of this Agreement, their alary costs shalt be invoiced as direct non salary cost. Therefore on 'xhibtt "A under direct non salary co s, the hourly labor rate including overhead (profit is included in e next fee only) for each labor classification shown. These rates shall apply for the work on the project hen performed by the partners. The estimated cost or this work is included under direct salary costs as se orth in attached Exhibit "A" and by this reference rnade pa of this agreement. Billings for any di r ct non salary costs shall be supported by copies of original bills or invoic 4. The net fee which represents the Consultant's profit shall he Dollars This fee is based on the Scope of Work defined in this Agreement and th estimated labor ours required to perform the stated Scope of Work. In the event a supplement agreement is ent• ed into fo additional work by the Consultant the supplemental agreement may include provision for the added cost and n appropriate additional fee. The net fee will be prorated and paid rnonthly in proportion to the percentage -3- e project completed as estrrnated in the Consultant's monthly progress reports and approved by the Agenc An portion of the net fee not previously paid in the inonthly payments shall be included in the final payrn nt, subje.t to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. The maxi 'um arnount payable for completion of all work under this Agreement including salaries overhead, final overh: -d adjustments, direct non salary costs, and profit is Dollars unless a supplemental agreement has been negotiated and executed by the gency prior to incurring any cos in excess of the maximum amount payable. This does not include payment or extra work as stipulated under Se ion X, "EXTRA WORK." Progress payments may be armed rnonthly for direct costs actually incurred to date supported by detailed statements, for overhead costs d for a proportionate arnount of the net fee payable to e Consultant based on the estimated percentage of the com etion of the services to date. The detailed stater -nt will indicate by name all employees that worked on the Proj- t during the billing period. The classificatio of each employee, the hours worked, the hourly wage rate, and the total wages paid will also be shown on the inv.ice. Direct non salary costs, such as travel, reproduction, telephone, suppli and computer costs, shall be suppo ted by an original or a copy of the invoice or billing instrument the consultant eceived for payment. For exai .le, a copy of the telephone company's itemized listing showing each call is necessary verify the killing for long .stance telephone calls. B. Cost Per Unit of Work 1. When requests that a proje he and taken, the Consultant shall prepare a fee proposal based upon a typical scope of work. Upon agreetne t b and the Consultant upon a scope of work and related fee, a maximum encurribranc inclusive of expenses, will he established, to serve as a maximum arnount payable for the project. For acc unting purposes, the Consultant will be paid by for work done, based upon in ually ag ed unit rates for work defined in Exhibit The listed rates shall be applicable throughout the h of this Agre rnent. The rates are inclusve of actual salaries, overhead, profit, tools, materials, and equip -nt necessary or it 'dental for the completion of the Agreement work. Unit of Work Cost P-r Unit Compensation for the foil tng expenditures will be allowed when these costs are 1 urred directly in fulfilling the terms of this Agree nt: 2. The maxim total arnount payable by to the Consultant under this Ag ement shall not exce unless a supplemental agreement has been negotiated and execu -d by the Agency .rtor to incurring any costs in excess of the rnaxirnum arnount payable. 3. T Consultant may subrnit invoices to not more often than once per month during he rogress of the work for partial payment of work coinpleted to date. The invoices will indicate the units of wor -4- 775Trrpie.t.cs1 each day during the invoice period in addition to the previous total. Direct non salary costs, such travel, reproduction, lete/3441pe. supplies, and cornputer costs, shall be supported by an or a copy of the invoice or billing instrument the consu to ived for payme example, a copy of the telephone company's itemized listing showing each cal fssa y to ve billing for tong distance telephone calls. Such invoices will be y and payment will be the amount evt as has been found to represent the value of the completed work, less the amounts previously paid. C. Specific Rates of Pay 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 agreernent 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 Aoencv for work done, based upon mutually agreed hourly rates for personnel classified according to title and definitions as contained in Exhibit A The listed rates shall be applicable throughout the life of this Agreement. The rates are inclusve of actual salaries, overhead, and profit. Labor Classification Hourly Rate SEE EXHIBIT "A" ATTACHED Compensation for the following expenditures ill be allowed when these costs are Incurred directly in fulfilling the terms of this Agreement: 2. The maximum total arnount payable by the Agency to the Consultant under this Agreement shall not exceed $9,000.00 unless a supplemental agreernent has been negotiated and executed by the Agency prior to incurring any costs in excess of the rnaximum amount payable. 3. The Consultant may subinit invoices to the Agency not more often than once per month during the progress of the work for partial payinent of work completed to date. The invoices will indicate the classifications of the employees, the number of persons actually working under each classification and the dates and hours actually worked, and shall be accompanied by copies of trine sheets for all employees charging to a project. Direct non- salary costs, such as travel, reproduction, telephone, supplies, and computer costs, shall be supported by an original or a copy of the invoice or billing instrurnent the consultant recetvor 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. 4. Final payment of any balance due to the Consultant of the ultimate gross amount earned will be made promptly upon its ascertainment and verification by the Agency and upon the receipt of Staking Notes and other related documents which are required to be furnished under this Agreement. For All Methods of Payment The Consultant and its subconsultants shall keep available for inspection, by representatives of the State and United States, for a period of three years after final payrnent, the cost records and accounts pertaining to this Agreernent and all items related to, or bearing upon, these records with the following exception: If any litigation, clairn or audit is started before the expiration of the three -year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three -year retention period starts when the Consultant receives final payment. Payment for extra work performed under this Agreernent shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section X "EXTRA WORK A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for Consultant employees, the Agency may conduct ernployee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature 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 payrnent 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 that the Agency may have against the Consultant or to any remedies the Agency may pursue with respect to such claims. VII EMPLOYMENT The Consultant warrants that he had not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide ernployee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the Agency shall have the right to annul this Agreernent without liability, or in its discretion to deduct from the Agreernent price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged to the performance of any work or services required by the Consultant under this Agreernent, shall be considered employees of the Consultant only and not of the Agency and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part -time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the FHWA, State or Agency, except regularly retired employees, without written consent of the public employer of such person. VIII NON DISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, martial status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or terminations; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non Discrimination provision, this Agreement may be terminated by the Agency and further that the Consultant shall be barred from performing any services for the Agency now or in the future, unless a showing is made satisfactory to the Agency that discriminatory practices have terminated and that recurrence of such action is unlikely. During the performance of the Agreement, the Consultant, for itself, its assignees and successors in interest, hereinafter referred to as the "CONSULTANT," agrees as follows: A. Compliance with Regulations The Consultant will comply with the regulation of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the regulations, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination: The Consultant, with regard to the work performed by it during the Agreement shall not discriminate on the grounds of race, religion, color, national origin, age, marital status, handicap, or sex except for a bona fide occupational qualification, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices, when the contract covers a program set forth in Appendix II of the Regulations. C. Sanctions for Non Compliance: In the event of the Consultant's non compliance with the discrimination provisions of this contract, the Agency shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Consultant under the Agreement until the Consultant complies, and /or 2. Cancellation, termination or suspension of the Agreement in whole or part. D. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, religion, color, national origin, age, marital status, handicap, or sex. E. Information and Reports The Consultant shall provide all information and reports required by the Regulations, or directives Issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Agency or the FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required by a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Agency, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. -7- F. Incorporation of Provisions: The Consultant shall include the provisions of paragraph (A) through (E) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Agency or the FHWA may direct as a means of enforcing such provisions, including sanctions for non compliance; PROVIDED, HOWEVER, that in the event a Consultant becomes involved in, or is threatened with, litigation with a consultant or supplier as a result of such direction, the Consultant may request the Agency to enter into such litigation to protect the interests of the Agency and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. G. To comply with RCW 49.60.180 prohibiting unfair employment practices and the Executive Orders numbered E.O. 70 -01 and E.O. 66 -1 of the Governor of the State of Washington. IX CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors or omissions appearing therein, when required to do so by the Agency, without additional compensation. Should the Agency find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the Agency in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VI. X EXTRA WORK The Agency may desire to have the Consultant perform work or render services in connection with this project in addition to or other than work provided for by the expressed intent of the Scope of Work of this Agreement. Such work will be considered as Extra Work and will be specified in a written supplement to this Agreement which will set forth the nature and scope thereof. Work under a supplemental Agreement shall not proceed until authorized in writing by the Agency. XI TERMINATION OF AGREEMENT The right is reserved by the Agency to terminate the Agreement in whole or in part at any time upon ten days written notice to the Consultant. If this Agreement is terminated in its entirety by the Agency for its convenience, 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 authorized extra work completed. If the Agreement is terminated in part, payment shall be made to the Consultant for the actual costs incurred for deleted work at the time of termination plus the same percentage of the fixed fee as the work completed at the time of termination. Provided, however, that no percentage of the fixed fee will be paid on uncompleted work deleted by the termination. No payment shall be made for any work completed after ten days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due computed as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the Agency for any excess paid. If the services of the Consultant are terminated by the Agency for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the Agency with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the Agency at the time of termination; the cost to the Agency of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the Agency of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been and made using the formula set forth in the previous paragraph. If it is determined for any reason that the Consultant was not in default or that the Consultant's failure to perform is without it or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience in accordance with the provisions of this Agreement. In the event of the death of any member, partner, or officer of the Consultant or any of its supervisory personnel assigned to the Project, or, dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved einployee, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the Agency. The subsection shall not be a bar to renegotiation of the Agreement between the surviving members of the Consultant and the Agency, if the Agency so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the Agency's concurrence, desire to terminate this Agreement, payment shall be made as set forth in the second paragraph of this section. If the Agreement is terminated prior to completion, the original copies of all reports and other data, materials furnished to the Consultant by the Agency and documents prepared by the Consultant prior to said termination, shall become and remain the property of the Agency and may be used by it without restriction. Such unrestricted use, not occurring as a part of this Project, shall be without liability or legal exposure to the Consultant. Payment for any part of the work by the Agency shall not constitute a waiver by the Agency of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the Agency. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the Agency shall be referred for determination to the Director of Public Works or Agency Engineer, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or preceedings to enforce any of its right in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in the county of the Agency. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant, its successors or assigns, will protect, save, and hold harmless the State and Agency and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts for omissions of the Consultant, its subconsultant, assigns, agents, contractors, licensees, invitees, or employees arising out of or in connection with any acts or activities authorized by this Agreement. The Consultant further agrees to defend the State and Agency and their authorized agents and employees in any Litigation, including payment of any costs or attorney's fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the State or Agency or their authorized agents or employees: Provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the State and the Agency and their agents or employees, and (b) the Consultant, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Consultant, or Consultant's agents or employees. The Consultant shall secure regular Public Liability and Property Damage Insurance Coverage in the amount of $100,000 for death or injury to any one person and $300,000 for death or injury to two or more persons in any one occurrence and $50,000 for Property Damage in any one occurrence with any aggregate Property Damage coverage of $100,000 for two or more occurrences froin an insurance company authorized to do business in the State of Washington. The Consultant's relation to the Agency shall be at all times as an independent contractor. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the Agency. XV ENDORSEMENT OF PLANS The Consultant shall place his certification on all plans, specifications, estimates or any other engineering data furnished by him in accordance with RCW 18.43.070. XVI CERTIFICATION The "Certification of Consultant" and "Certification of Agency Official," attached hereto and marked Exhibit "C" and by this reference is made a part of this Agreement. This document and referenced attachments contains all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any ,tatcinent, representation, promise, or agreement not tint forth herein. No changes, amendments, or mnthfirations of the terns hereof shall be valid unless reduced to writing and signed by the parties ds an amendment to this Agreement. This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. By: rim., cityfx of Port Angeles Mayor xvIl COMPLETE AGREEMENT XVIII EXECUTION AND ACCEPTANCE POLARIS ENGINEERING SURVEYING, INC. I) PROFESSIONAL SERVICES B) Classification Field Survey Crews 2 Man Field Crew 3 Man Field Crew 4 Man Field Crew EXHIBIT "A" LIST OF CHARGES ENGINEERING SURVEYING SERVICES (JUNE 1, 1988) A) Classification Office Engineering Manager /Principal Engineer $42 /hr Survey Manager /Land Surveyor $42 /hr Construction Manager $42 /hr Engineering Technician II $30 /hr Engineering Technician I $25 /hr Draftsman $30 /hr Secretary $16 /hr $70 /hr $95 /hr $110 /hr II) DIRECT CHARGES Professional Consultants Cost 25% Direct Charge Services (Backhoe, Soil Testing, etc.) Cost 25% (if paid by Polaris) Vehicle 0.25 /MI Blueprints 18 X 24 Blueline /Blackline 2.00 24 X 36 Blueline /Blackline 3.00 18 X 24 Sepia 5.00 24 X 36 Sepia 6.00 18 X 24 Duplicate Mylar 5.00 24 X 36 Duplicate Mylar 6.00 Copies 81 X 11 or 81 X 14 0.10 Nuclear Density Guage $40.00 /day $160.00 /week EXHIBIT "B" DESCRIPTION OF PROPOSED WORK FOR CONSTRUCTION ENGINEERING Project No. SA 1122 Provide construction survey staking as directed by the City Engineer or his representative. EXHIBIT "C" CERTIFICATION OF CONSULTANT I hereby certify that I am Michael J. Boardman and duly authorized representative of the firm of Polaris Engineering Surveyin 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 employ 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 fine 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 criminal and civil. Date Signature 7h Date 'ignature gvhose address is 111 E. 3rd, Ste 2E Port Angeles, WA 98362 CERTIFICATION OF AGENCY OFFICIAL Project No. SA 1122 City Port Angeles I hereby certify that I am the Agency Official of the City/ M194 1 of Port Angeles 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). 1 acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Departient 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.