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HomeMy WebLinkAboutITEM IV-Acrnr or AGENDA BILL APPROVAL FORM # WASHINGTON Agenda Subject: Date: July 20, 2010 Agreement for Susan Black & Associates Landscape Architects Department: Parks, Arts & Attachments: Budget Impact: -0- Recreation Agreement for Consulting Services, Exhibit "A", Exhibit "B" Administrative Recommendation: Council review/accept Agreement for Consulting Services between City of Auburn and Susan Black & Associates Landscape Architects. Background Summary: Provide pre-design, design, construction documents and construction administration for a proposed new neighborhood park located at the corner of 124th Ave NE and NE 316th St. This proposed new park will replace the existing Lea Hill Park. All expenses will be reimbursed by Green River Community College per Memorandum of Understanding and Reimbursement Agreement. The construction of the new park will provide space at the existing Lea Hill park for the proposed Green River Community College Trades Building. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ® Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources F-1 Information Services Action: Committee Approval Council Approval: Referred to Tabled ❑Yes ❑No ❑Yes ❑No Call for Public Hearing Until Until / / Councilmember: Peloza Staff: Faber Meetinq Date: Item Number: Am= CITY OF AUBURN AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT made and entered into on this day of , 2010, by and between the City of Auburn, a municipal corporation of the State of Washington hereinafter referred to as CITY, and Susan Black & Associates Landscape Architects (SBA), a corporation of the State of Washington, whose address is 3645 Wallingford Ave N, Seattle, WA 98103 (Telephone: 206-789-2133), hereinafter referred to as CONSULTANT. WITNES SETH: WHEREAS, the CITY is engaged in or readying itself to be engaged in its project of designing and developing a new neighborhood park at the corner of 124th Ave NE and NE 316th Street and is in need of services of individuals, employees or firms for architectural work on said proj ect; 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 to perform in a good and professional manner the following tasks: I . Meet with the Parks Director 2. Data and information gathering 3. Public Involvement Program 4. Schematic design 5. Design development 6. Construction documents Bidding 8. Construction administration Detailed Scope of Services is included as "Attachment A" 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 Agreement - Susan Black & Associates Landscape Architects Lea Hill Neighborhood Park July 20, 2010 Page 1 of 7 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 commencement 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 therewith. The invoice procedure 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. City's Responsibilities. 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. Agreement - Susan Black & Associates Landscape Architects Lea Hill Neighborhood Park July 20, 2010 Page 2 of 7 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. 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 "B", 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 1, 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 or 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 "A" 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 day of , 2010, and shall terminate upon completion of the performance of the scope of work provided herein, according to the schedule provided on Section 1, 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. Agreement - Susan Black & Associates Landscape Architects Lea Hill Neighborhood Park July 20, 2010 Page 3 of 7 12. Administration of Agreement. This Agreement shall be administered by 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 Susan Black Auburn Parks, Arts, and Rec. Susan Black & Assoc Landscape Architects 910 9th Street SE 3645 Wallingford Ave N Auburn, WA 98002 Seattle, WA 98103 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 requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change his, her or its address by giving 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. Agreement - Susan Black & Associates Landscape Architects Lea Hill Neighborhood Park July 20, 2010 Page 4 of 7 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 attorney fees, by any reason of or arising out of the act or omission of the CONSULTANT, 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. 16. Assignment. 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, or 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 or rights of the parties hereto under and pursuant to this Agreement. Agreement - Susan Black & Associates Landscape Architects Lea Hill Neighborhood Park July 20, 2010 Page 5 of 7 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 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 "B" 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. 20. Costs to Prevailing 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 interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in the county in Washington State in which the property or project is located, and if 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 or 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 Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual parties. Agreement - Susan Black & Associates Landscape Architects Lea Hill Neighborhood Park July 20, 2010 Page 6 of 7 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. CITY OF AUBURN CONSULTANT Peter B. Lewis, Mayor Susan Black & Associates Landscape Architects Title: Attest: Danielle E. Daskam, City Clerk Daniel B. Heid, City Attorney Agreement - Susan Black & Associates Landscape Architects Lea Hill Neighborhood Park July 20, 2010 Page 7 of 7 Exhibit "A" LANDSCAPE ARCHITECTS 3645 Wallingford Avenue North, Seattle, Washington 98103 Telephone (206) 789-2133 Fax (206) 789-2186 New Lea Hill Neighborhood Park Planning and Design June 22, 2010 A joint venture between the City of Auburn and Green River Community College Intent: To design and develop a new neighborhood park at the corner of 124th Avenue NE and NE 316th Street (formally referred to as the Martin Property). This new facility will replace the existing Lea Hill Park, which is the site for the new Trades Building as a part of the Green River Community College. Planning and Design Process PHASE 1 Task 1. Meet with Parks Director o Program and conceptualize the New Lea Hill Park o Prepare a graphic depicting early design concept for the park Task 2. Data and Information Gathering o Site Survey of existing conditions including boundary and rights-of way, overhead and underground utilities, significant vegetation, structures, fencing, drainages, etc. o Assembly of existing reports including soils analysis, sensitive areas report (wetlands, drainage), etc. o Aerial photography o Photo survey of property Task 3. Public Involvement Program o Public meeting/workshop No. 1, Solicit ideas, opinions and questions Presentation of three development scenarios: nature park, passive park, and athletic park o Public meeting/workshop No. 2 Solicit opinions on presented and new materials Present concept plan for the park based on input from the first meeting. o Prepare rendering of design concept for the park Based on the input from the public meetings, proceed with schematic design Planning and Design Process PHASE 2 Task 4. Schematic Design o Confirm program elements o Size, orientation, location, etc o Prepare design concepts and select optimum design o Select materials or material systems o Prepare cost estimate o Prepare elevations and sections to describe facilities o Prepare illustrative graphic for presentation o Meet with parks director and others to discuss Task 5. Design Development o Refine preferred schematic design o Prepare preliminary details o Prepare outline specifications o Prepare preliminary design of equipment systems o Prepare cost estimates o Prepare elevations and sections to describe facilities o Prepare illustrative graphic for presentation o Meet with parks director and others to discuss o Coordinate with and provide necessary permit submittal information to Parks Director Task 6. Construction Documents o Prepare final construction drawings, specification and bid package materials o Prepare estimate of probable construction costs o Submit to Parks Director for printing and bidding Task Bidding o Provide assistance in advertizing for bids and answering contractor's questions o Attend pre-bid meeting on site o Review bids and make recommendations Development Process PHASE 3 Task 8. Construction Administration o Preconstruction Meeting o Submittal reviews/responses o Review schedule o RFI responses o Weekly meetings/minutes o Review payment requests o Photo record of construction o Coordination of city inspections o Change order management o Pre-final inspection and testing/preliminary punch list o Final inspection and punch list o Confirmation of completed punch list o Project opening o Warrantee inspection New Lea Hill Neighborhood Park Planning & Design 6/22/2010 Scope of Work & Bud get SB&A Landscape Architects (Exhibit "B") SB&A RM Expenses TOTAL Phase 1 (Tasks 1 and 2) Principal LA Staff Admin Lump Sum $145.00 $128.00 $85.00 $80.00 Task 1 Data & Information Gathering 2 Site Survey (RM) 4 4 $15,000.00 Assemble and Review Reports 8 4 8 Photo Survey of Property 6 2 Letter Report Existing Conditions 4 2 Total Hrs. 16 10 16 2 Total Costs $2,320.00 $1,280.00 $1,360.00 $160.00 $15,000.00 $250.00 $20,370.00 Task 2. Public Involvement Program 2 Public Meeting #1 12 4 Public Meeting #2 12 4 Design Concept Plan Rendering 4 16 Letter Report Public Involvement 4 4 Total Hrs. 32 16 12 2 Total Costs $4,640.00 $2,048.00 $1,020.00 $160.00 $500.00 $8,368.00 Total Phase 1 $6,960.00 $3,328.00 $2,380.00 $320.00 $15,000.00 $750.00 $28,738.00 Phase 2 (Tasks 3, 4, 5, 6, 8) Task 3. Schematic Design 4 Confirm Program Elements 2 4 8 Prepare Design Concepts 4 24 24 Prepare Cost Estimates 2 8 4 Prepare Elevations Sections 1 8 12 Prepare Illustative Graphics 1 8 16 Prepare Letter Report 6 4 Present to City Officials 6 Total Hrs. 22 52 68 4 Total Costs $3,190.00 $6,656.00 $5,780.00 $320.00 $250.00 $16,196.00 Task S. Design Development 4 Refine Prefered Schematic Design 4 8 12 Preliminary Site Layout Plan 2 8 12 Preliminary Grading and Drainage Plan 2 12 24 Civil Engineering $10,000.00 Preliminary Paving Plan 1 8 16 Preliminary Irrigation Plan 1 12 16 Preliminary Planting Plan 4 8 16 Prepare Preliminary Details 2 12 24 Prepare Outline Specifications 1 12 16 Preliminary Design Equipment Systems 4 12 16 Elevations Sections 1 4 12 Prepare Letter Report 6 2 Present to City Officials 6 Total Hrs. 34 96 166 4 Total Costs $4,930.00 $12,288.00 $14,110.00 $320.00 $10,000.00 $500.00 $42,148.00 Task 6. Permitting 2 Pre Application Meeting 6 2 SEPA Checklist 16 12 8 Permit Submittal 8 16 40 Response to Comments 6 12 2 Total Hrs. 36 28 62 4 Total Costs $5,220.00 $3,584.00 $5,270.00 $320.00 $250.00 $14,644.00 Task Constuction Documents 4 Final Construction Drawings 16 24 60 $8,500.00 Final Bid Package 8 12 24 Final Specifications 4 8 16 Prepare Cost Estimate 4 8 12 Submit to City Officials 2 4 Total Hrs. 34 52 116 4 Total Costs $4,930.00 $6,656.00 $9,860.00 $320.00 $8,500.00 $500.00 $30,766.00 Task S. Bidding Assistance 2 Provide Assistance to Client 4 2 Attend Pre Bid Meeting 4 Answer Contractor Questions 2 4 Prepare Adenda 6 6 12 Review Bids Make Recommendations 2 Total Hrs. 18 12 12 2 Total Costs $2,610.00 $1,536.00 $1,020.00 $160.00 $250.00 $5,576.00 Total Phase 2 $20,880.00 $30,720.00 $36,040.00 $1,440.00 $18,500.00 $1,750.00 $109,330.00 Grand Total $27,840.00 $34,048.00 $38,420.00 $1,760.00 $33,500.00 $2,500.00 $138,068.00'