HomeMy WebLinkAboutJongejan Gerrard McNeal Inc PS (JGM)CITY OF AUBURN AGREEMENT
FOR CONSULTING SERVICES
THIS AGREEMENT made and entered into on this 12th day of May, 2010, by and
between the City of Auburn, a municipal corporation of the State of Washington hereinafter
referred to as CITY, and Jongejan Gerrard McNeal, Inc. PS (JGM), a corporation of the State of
Washington, whose address is 23 103`d Avenue Northeast, Bellevue, Washington 98004
(Telephone: 425-454-5723), hereinafter referred to as CONSULTANT.
WITNESSETH:
WHEREAS, the CITY is engaged in or readying itself to be engaged in its project of
extending the White River Trail and is in need of services of individuals, employees or firms for
architectural work on said project; and,
WHEREAS, the CONSULTANT is qualified and able to provide consulting services in
connection with the City's needs for the above-described work/project, and is willing and
agreeable to provide such services upon the terms and conditions herein contained.
NOW THEREFORE, the parties hereto agree as follows:
Scope of Services.
The CONSULTANT agrees tc perforrn in a goad and professionai inanner iiie
following tasks:
Basic Services
A. Provide final bid set Construction Drawings. Technical Specifications and
Revised Opinion of Probable Construction revised to incorporate City permit
requirements and Public Works comments received as of this date.
Specifications shall be in CSI Format. B. Provide bidding assistance to answer bidders questions and prepare addenda
(if needed).
Construction Services
A. Provide a mylar drawing set and Electronic CD of the project record drawings
based on Contractor's redline drawings. Mylars would be a reimbursable cost
to JGM.
Agreement - JGM Architects
White River Trail Extension
May 12, 2010
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JGM Scope and Fee Assumptions
A. JGM will not be attending any meetings in the City of Auburn. Any meetings
in Auburn will be Extra Services and will be billed at our standard hourly rate
plus reimbursable expenses (mileage).
CITY will provide:
A. Survey information for all potential trail corridors, including Roegner
Park, Danner Property along White River dike (and possibly along west
side of Danner Property), Danner property to Oravetz Circle, and from
river dike south to pedestrian access point at A Street sidewalk.
B. Wetland Delineation, Report, Survey and Wetland Monitoring
C. All permit services and costs
D. Project Manual front end boiler plate documents
E. Bid set printing, distribution and advertising
Note: JGM would be available to provide construction period services on an
hourly basis.
2. Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by
the CONSULTANT of additional services with respect to related work or
projects. Any such agreement(s) shall be set forth in writing and shall be
executed by the respective parties prior to the CONSULTANT'S performance of
the services there under, except as may be provided to the contrary in Section 3 of
this Agreement. Upon proper completion and execution of an addendum
(agreement for additional services), such addendum shall be incorporated into this
Agreement and shall have the same force and effect as if the terms of such
addendum were a part of this agreement as originally executed. The performance
of services pursuant to an addendum shall be subject to the terms and conditions
of this Agreement except where the addendum provides to the contrary, in which
case the terms and conditions of such addendum shall control. In all other
respects, any addendum shall supplement and be construed in accordance with the
terms and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than
those described in Section 2 are desired by the CITY and the time period for the
completion of such services makes the execution of addendum impractical prior
to the commenceinent of the CONSULTANT'S performance of the requested
services. The CONSULTANT hereby agrees that it shall perform such services
upon the oral request of an authorized representative of the CITY pending
execution of an addendum, at a rate of compensation to be agreed to in connection
Agreement - JGM Architects
White River Trail Extension
May 12. 2010
Page 2 of 9
therewith. The invoice procedLlre for any such additional services shall be as
described in Section 7 of this Agreement.
4. Consultant's Representations.
The CONSULTANT hereby represents and warrants that he has all necessary
licenses and certifications to perform the services provided for herein, and is
qualified to perform such services.
5. Cit 'ponsibilities.
The CITY shall do the following in a timely manner so as not to delay the
services of the CONSULTANT:
a. Designate in writing a person to act as the CITY's representative with
respect to the services. The CITY's designee shall have complete
authority to transmit instructions, receive information, interpret and define
the CITY's policies and decisions with respect to the services.
b. Furnish the CONSULTANT with all information, criteria, objectives,
schedules and standards for the project and the services provided for
herein.
c. Arrange for access to the property or facilities as required for the
CONSULTANT to perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches,
and other documents prepared by the CONSULTANT and render
decisions regarding such documents in a timely manner to prevent delay
of the services.
6. Acceptable Standards.
The CONSULTANT shall be responsible to provide, in connection with the
services contemplated in this Agreement, work product and services of a quality
and professional standard acceptable to the CITY.
7. Compensation.
As compensation for the CONSULTANT's performance of the services provided
for herein, the CITY shall pay the CONSULTANT the fees and costs specified on
Exhibit "A", attached hereto and made a part hereof (or as specified in an
addendum). The CONSULTANT shall submit to the CITY an invoice or
statement of time spent on tasks included in the scope of work, Section l,
provided herein, and the CITY shall process the invoice or statement in the next
billing/claim cycle following receipt of the invoice or statement, and shall remit
payment to the CONSULTANT thereafter in the normal course, subject to any
conditions or provisions in this Agreement ar addendum.
8. Time for Performance and Terms of Agreement.
The CONSULTANT shall perform the services provided for herein in accordance
with the direction and scheduling provided in Exhibit "B" attached hereto and
incorporated herein by this reference, unless otherwise agreed to in writing by the
parties. The Term of this Agreement shall commence on the date hereof or on the
Agreement-.IGM Architects
White River Trail Extension
Mav 12. 2010
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12th day of May, 2010, and shall terminate upon cornpletion of the performance
of the scope of work provided herein, according to the schedule provided on
Section l, unless otherwise agreed in writing by the parties.
9. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise
prepared by the CONSULTANT as part of this performance of this Agreement
(the "Work Products") shall be owned by and become the property of the CITY,
and may be used by the CITY for any purpose beneficial to the CITY.
10. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts
found under audit or otherwise to have been improperly invoiced, and all records
and books of accounts pertaining to any work performed under this Agreement
shall be subject to inspection and audit by the CITY for a period of up to three (3)
years from the final payment for work performed under this Agreement.
11. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this
Agreement is in effect, the CONSULTANT agrees that, notwithstanding such
dispute or conflict, the CONSULTANT shall continue to make a good faith effort
to cooperate and continue work toward successful completion of assigned duties
and responsibilities.
12. Administration of Agreement.
This Agreement shall be administered by ~~~U~i~f , on behalf
of the CONSULTANT, by the Mayor of the City, or designee, on behalf of the
CITY. Any written notices required by the terms of this Agreement shall be
served on or mailed to the following address:
Daryl Faber
Auburn Parks, Arts, and Rec.
910 9rh Street SE
Auburn, WA 98002
Ted Wall
Jongejam Gerrard McNeal, Inc. PS
2800 Northup Way, Suite 100
Bellevue, WA 98004
13. Notices.
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt reguested, and addressed, if to a party of
this Agreeinent, to the address for the party set forth above, or if to a person not a
party to this Agreeinent, to the address designated by a partyto this Agreement in
the foregoing manner.
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White River "I'rail Gxtension
May 12.2010
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Any party may change his, her or its address by ~iviil~ notice in writing, stating
his, here or its new address, to any other party, all pursuant to the procedure set
forth in this section of the Agreement.
14. Insurance.
The CONSULTANT shall be responsible for maintaining, during the term of this
Agreement and at its sole cost and expense, the types of insurance coverages and
in the amounts described below. The Consultant shall furnish evidence,
satisfactory to the CITY, of all such policies. During the term hereof, the
CONSULTANT shall take out and maintain in full force and effect the following
insurance policies:
a. Commercial General Liability insurance, insuring the CITY and the
CONSULTANT against loss or damages arising from premises,
operations, independent contractors and personal injury and advertising
injury. The CITY shall be named as an insured under the
CONSULTANT's Commercial General Liability insurance policy with
respect to the work performed by the CITY, with minimum liability limits
of $1,000,000.00 combined single limit for personal injury, death or
property damage in any one occurrence.
b. Such workmen's compensation and other similar insurance as may be
required by law. c. Professional liability insurance with minimum liability limits of
$1,000,000.00
d. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 0001 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
15. Indemnification.
The CONSULTANT shall indemnify, defend and hold harmless the CITY and its
officers, agents and employees, or any of them from any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever,
including attot•ney fees; by any reason of or arising out of the act or omission of
the CONSULTAN"I,, its officers, agents, employees, or any of them relating to or
arising out of the performance of this Agreement except for injuries and damages
caused by the sole negligence of the CITY. If a final judgment is rendered against
the CITY, its officers, agents, employees and/or any of them, or jointly against the
CITY and the CONSULTANT and their respective officers, agents and
employees, or any of them, the CONSULTANT shall satisfy the same to the
extent that such judgment was due of the CONSULTANT's negligent act or
omissions.
Agreement - JGM Architects
White River Trail Extension
May 12, 2010
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16. Assi nment.
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, ar to
cause any such liability or obligation to be reduced to a secondary liability or
obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party's or parties' duly authorized
representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver by any party of any default of
the other party shall not effect or impair any right arising from any subsequent
default.
Nothing herein shall limit the remedies ar rights of the parties hereto under and
pursuant to this Agreement.
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party
if the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement.
The CITY may terminate this Agreement upon not less than seven (7) days
written notice to the CONSULTANT if the services provided for herein are no
longer needed from the CONSULTANT.
If this Agreement is terminated through no fault of the CONSULTANT, the
CONSULTANT shall be compensated for services performed prior to termination
in accordance with the rate of compensation provided in Exhibit "A" hereof.
19 Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided
for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit
any transfer or assignment otherwise prohibited by this Agreement. This
Agreement is for the exclusive benefit of the parties hereto and it does not create a
contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sureties.
Aerccment - JGM Architects
White River Trail ExCension
May 12, 2010
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20. Costs to Prevailina Party.
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall
be entitled to receive its reasonable costs and attorney's fees.
21. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
inteipreted in accordance with the laws of the State of Washington andvenue for
any action hereunder shall be in the county in Washington State in which the
property or project is located, andif not site specific, then in King County,
Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial
completion by the CONSULTANT of the services.
22. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement ar act as a limitation of the scope of the particular paragraph or
sections to which they apply. As used herein, where appropriate, the singular
shall include the plural and vice versa and masculine, feminine and neuter
expressions shall be interchangeable. Interpretation or construction of this
Agreeinent shall not be affected by any determination as to who is the drafter of
this Agreement, this Agreement having been drafted by mutual
23. Serverable Provisions.
Each provision of this Agreement is intended to be severable. If any provision
hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
24. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect
to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
25. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other
party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
Agreement-.lGM Architects
White River l"rail Extcnsion
May 12, 2010
Page 7 of 9
CITY OF AUBURN
l ~
Peter B. Lewis, Mayor
Attest:
i an~'
Danielle E. Daskam, City Clerk
Aareement-JGM Architects
White River Trail Gxtension
May 12. 2010
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CONSULTANT
T
Title:
AGREEMENT with JGM ARCI-IITECTS
White River Trail Extension
Exhibit A
Compensation Schedule
Basic Services
JGM Landscape Architects (Tasks and Hours)
Basic Service Tasl<s (JGM Landscape Architects) Principal Project CADD
Manager Technician Clerical
1. Provide Final CD and Est. 16 ] 0 -
2. Provide Bidding Assistance g 3 _
3. Record Drawings 3 6 1
Hours Subtotal 27 19 1
Hourly Rate 110.00 85.00 75.00
Fees 2970.00 1615.00 75.00
JGM Basic Services
$4,660.00
Reimbursable Expenses
Printing
175.00
Delivery/Postage
60.00
Subtotal
235.00
10% Markup
23.50
Subtotal of Reimbursable Expenses: 258.50
Total Contract Amount: 4918.50
Agreement - JGM Architects
White River Trail Extension
May 12, 2010
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