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HomeMy WebLinkAbout3232 ---.--.-.~- RESOLUTION NO.3 2 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN HENDERSON, YOUNG & COMPANY AND THE CITY OF AUBURN, TO UPDATE THE EXISTING CAPITAL FACILITIES PLAN FOR THE CITY OF AUBURN. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute an Agreement for Professional Services between Henderson, Young & Company and the City to update the existing Capital Facilities Plan for the City of Auburn. A copy of said Agreement is attached hereto as Exhibit "A," and made a part hereof as though set forth in full herein. Section 2. If any provision of this Resolution or Professional Services Agreement referred to as Exhibit "A" is determined to be invalid, the remaining provisions of this Resolution and the Professional Services Agreement referred to as Exhibit "A" shall remain in force and effect. ----------------------------------------------- Resolution No. 3232 June 19, 2000 Page 1 Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 19th day of June, 2000. CITY OF AUBURN c~~. 8o~ CHARLES A. BOOTH MAYOR ATTEST: ~!~~J ·DanielleE.Daskam, City Clerk APPROVED AS TO FORM: ~ Michael J. Reynolds City Attorney ---.------------------.----------------------- Resolution No. 3232 June 19, 2000 Page 2 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and with Henderson, Young & Company, whose address is 16700 NE 791J1 Street, Suite 202, Redmond, Washington, 98052, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. This agreement is to provide consulting services relating to the update to the Capital Facilities Plan as described in Exhibit "A" Scope of Work. The parties hereby agree that the CITY may request the CONSULTANT to change, add to, or delete the services the CONSULTANT is required to perform hereunder, provided that any such change, addition to or deletion of said services shall be evidenced in writing, which writing shall be first approved and signed by a duly authorized representative of the CITY and of the CONSULTANT and shall set forth any additional modifications in the terms of this Agreement (including, but not limited to, the compensation to be paid to the CONSULTANT hereunder) resulting from any such change, addition or deletion as may be mutually agreed to by the CITY and the CONSULTANT. 2. TERM. The services that the CONSULTANT is required to perform hereunder shall commence as soon as practicable after the execution of this Agreement by both parties. The CONSULTANT shall perform said services in an expeditious manner and in such ------------------------------------------------------- Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 1 sequence as the CONSULTANT may determine. In any event, the CONSULTANT shall complete the performance of the services required to be rendered by it hereunder no later than December 31,2000, unless additional time is reasonably required to perform said services if they have been modified as provided for herein or if any delay in the performance of said services is caused by any occurrence which is beyond the reasonable control of the CONSULTANT. 3. COMPENSATION. The CITY hereby agrees to pay the CONSULTANT a sum not to exceed Twenty- Five Thousand Dollars ($25,000) as consideration for the performance of the services that the CONSULTANT is required to perform under Exhibit "A." During the term of this Agreement, such total sum will be paid in monthly installments as follows: the CONSULTANT will provide the CITY at the end of each month during which the CONSULTANT performs services hereunder with an invoice setting forth the amount of the installment due for such month; the CITY shall pay the CONSULTANT the amount set forth in such invoice no later than thirty (30) days after the date of such invoice. 4. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required, unless the error, omission or other deficiency was caused by information provided by the CITY. CONSULTANT'S ________________._.___________________________________w Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 2 services performed under this Agreement will be performed in a manner consistent with the care and skill ordinarily exercised by members of the profession practicing under similar conditions at the same time and in the same or similar locality. No warranty, express or implied, is made or intended by the Agreement, by the foregoing statement of the applicable standard of care, by providing consulting services, or by furnishing work products, including reports, drawings, and cost estimates. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 5. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY and it officers and employees harmless from and shall process and defend as its own expense all claims, demands, or suits at law or equity to the extent arising from the CONSULTANT'S negligence or negligent breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, its agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, its agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) ---------------~~--------------~._-------------_.~~---- Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 3 the costs to the CITY of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. 6. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 7. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, comprehensive general liability insurance against claims for injuries to persons or damage to property which may arise from or in conjunction with services provided to the CITY by the CONSULTANT, its agents, employees or subcontractors, under this Agreement. The CONSULTANT agrees to provide comprehensive general liability insurance and shall maintain liability limits of no less then ONE MILliON DOLLARS ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. The CONSULTANT shall also provide and maintain professional liability coverage including errors and omissions coverage in the minimum liability limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) combined single limit per occurrence for bodily injury, personal injury and property damage. The general liability coverage shall also provide that the CITY, its officers, employees and agents are to be covered as additional insured as respects: Liability ._________________________w____________________.._~____ Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 4 arising out of the services or responsibilities performed by or under obligation of the CONSULTANT under the terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors. Each insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the CITY. The CONSULTANT agrees to provide copies of the certificates of insurance to the CITY specifying the coverage required by this section at the time that this Agreement takes effect. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. 8. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 9. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its _____________________~_________________________.....MM. Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 5 operation and concerning this Agreement for a period of three (3) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the three- (3) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. 10. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptiy discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. 11. GENERAL PROVISIONS. 11.1 This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. -------------------_.-----------------~~--------------- Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 6 11.2 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 11.3 The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 11.4 This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 11.5 Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 11.6 The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance under this Agreement. -----------------------------.------------------------- Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 7 CITY OF AUBURN ~bLe~.~~i2 MAYOR ATTEST: ~ anielle E. Daskam, City Clerk APPROVED AS TO FORM: ~~;~Atlcr"'Y ------------------------------------------------------- Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 8 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ~,,+k day of r¡~ ,2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CHARLES A. BOOTH and DANIELLE DASKAM, to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. _........,"',\ --'"' A. 8 \\\\ ;:- ~""""'" 0;- II ;..."f"...·¡,.':>\ON ¡,:.... 1-- " "....._...~ "'-t'....~, " "{" ';¡r ~. (", , ¡..; :"0 ~OTARy ~'; !"", ~ : rn: ~ '- .ü - en. -, ~ : : , ~·PUeuC·' , .~ .. '" I~·.T ~... ,: I, ~"'c. g.o..· , I -.. ,0" - ,~..... : ,~~ ....,. '-""........""'- ~Mtl,,4. ~ NAME ~I'/"I!</Ya. Ii- I3CJ¡..h-e./1 NOTARY PUBLIC in and for the State of Washington, residing at f(M.,.ff Cð MY COMMISSION EXPIRES: !ò- c;-O ~ ------------------------------------------------------- Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 9 HENDERSON, YOUNG & COMPANY BY: ,~S:fét5 TITLE: Pre s ¡den t STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this I,:::;", day 0 , 2000, before me, the I undersigned, a Notary Public in and 0 the S e of Washington, personally appeared Randa 11 L. Younq , to me known to be the Pres ¡dent of Henderson, Younc¡ & Company , the (corporation, soIe~~¡¡1oœbi(iiJ< ~~>op<it1diJOOw¡ij who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said (corporation, :¡QIß<WQ (J (ietQ~i:p¡>Øß:!5tA~\;Ü¡jp<JQ£'¡¡¡sWiIi!Jdßl:), for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said (corporation, sœ.~SAipr,x¡<m~~). IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. ",\1.11'", "" t;!<Y A "', ~'" ......' ~~ ......"-:4)-;'" ~ .·~\SSIO~·. &"" ~ .·o~ _ 1".~ ~ . ." No"'!;.·c.- :: _ fAR\,;: : -(J).o * m·_ - ~ rn P ... m" .. -~. Ue .- ~')" '.~ Ltc . : ~ ~'."A_ ~ ',\::¡"': ~ ,;'" _.;J.... '. 0 .~l:f1 2" >' o-<?-" ',~ ..... (¿J.A\........ "'" Io/ASH\~ "", I",...,,,,' ~Jld"Ç~a~' , I t1 /}< Jr/ F/~".fi.--0C / NOTARY PUBLIC in and for the State of Washington, residing at ¡Jß A 111''U7(Å,j , MY COMMISSION EXPIRES: {U¿ ,-+<:1.}1JlJ / ---------------.---------------------------------------- Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 10 SCOPE OF SERVICES Capital Facilities Plan Update for City of Auburn Henderson, Young & Company (HYCo) and the City of Auburn (City) will perform the following tasks to develop the City's 2001-2006 Capital Facilities Plan (CFP) in compliance with Washington's Growth Management Act. 1. UPDATE POPULATION FORECASTS a. The City will provide current population, and forecasts through the year 2006. HYCo will review the forecasts. 2. UPDATE REVENUE FORECASTS a. The City will update its catalogue of revenue source forecasts for the years 2001-2006. b. HYCo will evaluate the City's revenue forecasts. 3. UPDATE INVENTORY OF EXISTING PUBLIC FACILITIES a. The City will update the inventory in the 1998-2003 CFP by adding any facilities that have been acquired or completed, and deleting any facilities that have been sold or taken out of service. b. HYCo will review the updated inventory. 4. UPDATE FORECAST NEEDS FOR PUBLIC FACILITIES a. HYCo will use the updated population forecasts (from Task 1) and updated inventory of public facilities (from Task 3) to assist the City in preparing an update of the Analysis of Capital Facilities Requirements for each type of public facility. The updated analysis will contain 2 forecasts of needed capacity of public facilities for the next 6 years: (1) based on the existing actual level of service provided in the City of Auburn, and (2) based on standards for levels of service adopted in the 1998-2003 CFP. b. HYCo will assist the City Council in reviewing the forecasts of needs, and will facilitate the City Council's affirmation or modification of the adopted level of _____________________________________________________w Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 11 5. UPDATE CAPITAL IMPROVEMENT PROJECTS a. HYCo will update the prioritization criteria scorecard to reflect changes in priority criteria requested by the City Council. b. The City will update the information about capital improvement projects listed in the 1998-2003 CFP by (1) deleting projects that have been completed or are no longer necessary, (2) modifying the cost, timing or other details of projects that have not been completed, and (3) adding any additional projects needed through the year 2006. c. HYCo will evaluate the proposed capital improvement projects, with particular emphasis on reconciling the projects to the needs identified during task 4. d. City will complete the updated prioritization criteria scorecard for each project. HYCo will evaluate the priority criteria scores for each project, and will meet with City departments to review priorities among competing capital improvements projects. HYCo will meet with the Finance Department and Mayor to review departmental priorities, and to develop final priorities for the draft updated CFP. e. HYCo will supervise the City's update of the capital improvement projects summary tables. HYCo will prepare a draft financing plan that matches appropriate revenues with proposed capital projects. F. The City will evaluate the forecasts of impacts on future operating budgets, and update the summary tables of forecasts. 6. UPDATE GOALS AND POLICIES a. HYCo will update goals and policies of the existing CFP. 7. UPDATE CAPITAL FACILITIES PLAN a. HYCo will assist the City's production of the CFP, including the inventory of existing public facilities, forecast of future needs for public facilities, proposed capital improvements with financing plan, and recommended goals and policies. b. The City will review and adopt the CFP. HYCo will attend 2 meetings of the Planning Commission and 2 meetings of the City Council at which the City will review and adopt the CFP. ___________________.._____________ø_______________w.___ Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 12 SCHEDULE The schedule begins July 1, 2000, and ends October 30, 2000. Task Begin End 1. Update Population Forecasts July 3 July 14 2. Update Revenue Forecasts July 3 July 31 3. Update Inventory of Existing Public July 3 July 14 Facilities 4. Update Forecast Needs July 17 July 31 5. Update Capital Improvement August 1 August 31 Projects, Priorities, Financing Plan, O&M Impacts 6. Update Goals and Policies August 15 August 31 7. Update Capital Facilities Plan September 1 October 30 . ---------------------------------------------------.--- Agreement for Professional Services" June 19, 2000 Resolution No. 3232 Exhibit "A Page 13 (:è- Henderson, Young & Company July 6, 2001 Ms, Shelley Coleman Finance Department City of Auburn 25 West Main Auburn, WA 98001-4998 .sh¿~ ~llLi~~1-.~ # ti. ~~/:r~ ¡ 6700 N, E, 79th Street, Suite 202 Redmond. Washington 98052-4465 (425) 869-1786 FAX 869-5669 E-Mail: ryounghyco@aol.com o Re: Contract Amendment for Update of Capital Facilities Plan Dear Ms. Coleman: The City has identified additional consulting services that were not included in the original scope of services for the project to update the City of Auburn's capitai facilities plan, The following is a summary of the additional services and costs. Tasks 1 . Review updated facilities inventory from City staff 2. Revise LOS analysis from revised pop. forecasts 3. Reconcile TiF projects to CFP projects 4. Review updated CFP projects from City staff 5, Reconcile updated CFP projects to LOS analysis 6. Evaluate City staff costs/revenue reconciiiation 7. Revise CFP scorecard for Council August workshop 8. Evaluate City revised draft CFP finance plan Total Costs $ 145 508 435 435 725 508 363 653 $ 3,770 The term of the agreement shail be extended to October 30, 200l . Please indicate the City's acceptance of these additional services, costs and extension of the term in the space provided below, and this letter will constitute an amendment to our agreement dated June 19, 2000. Please retain one signed copy for your fiies. and return one signed copy to me. Henderson, Young & Company ß,3ÞÆr Randall L. Young President City of Auburn e~b- V~. t~J-D Ch~rles A. Booth Mayor Date: 08 - 0 7-() I .