HomeMy WebLinkAbout2024-0246 - - APD Gun Range Master Planning - BCRA Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1 F07DD596E2E
CITY OF AUBURN
AGREEMENT FOR SERVICES
APD Gun Range Master Planning
THIS AGREEMENT made and entered into on this 30th of December , 2024
(the Effective Date), by and between the CITY OF AUBURN (City), a municipal corporation of
the State of Washington, and BCRA, Inc. (BCRA, or Provider), whose address is 2106 Pacific
Avenue, Suite 300, Tacoma, WA 98402 (UBI # 601 181 873).
I. RECITALS
1. The City desires to retain a qualified service provider with master planning
experience to complete master planning services at the City's police department gun range;
2. The City evaluated statement of qualification letters from several providers uploaded
to the Municipal Research and Services Center ("MRSC") website;
3. The City determined that BCRA best met the City's needs and criteria, and
accordingly sought a written proposal for the needed services from BCRA. The City has
evaluated BCRA's proposal, and has determined that BCRA is amply qualified to provide the
City with the desired services at a fair and reasonable price to the City.
II. AGREEMENT FOR SERVICES
Accordingly, and in consideration of the conditions and the mutual promises and
covenants contained in this Agreement, the parties agree as follows:
1. Scope of Services
The Provider agrees to perform the tasks described on Exhibit "A". The Provider will be
responsible to provide work products and services of a quality and professional standard
acceptable to the City, consistent with the professional skill and care ordinarily provided by
architects and planners practicing in the same or similar locality under the same or similar
circumstances. The Provider will, without additional compensation, correct or revise any
negligent errors, omissions or other deficiencies in its plans, designs, drawings,
specification, reports and other services required, whether during or after the Term of this
Agreement, for up to 3 years after the Provider has concluded its services under this
Agreement, or until all litigation, claims, disputes, or audits regarding such services are
finally resolved, whichever date is later. Any approval by the City of Provider's services
will not in any way relieve the Provider of responsibility for the accuracy and adequacy of
its services.
2. Additional Services
If additional services with respect to related work are required beyond those specified in
the Scope of Work, and not included in the compensation listed in this Agreement, the
parties will amend this Agreement prior to the Provider performing the additional services.
The amendment will set for the nature, scope, and payment terms of the additional
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1F07DD596E2E
services. However, if the time period for the completion of such services makes execution
of an amendment impractical prior to the commencement of the Provider's performance,
the Provider agrees that it will perform such additional services on the written request of
an authorized representative of the City pending execution of an Amendment subject to
the terms and conditions of this Agreement except where the authorization provides to the
contrary. The invoice procedure for any such additional services will be as described in
Section 4 of this Agreement.
3. Provider's Representations & Qualifications
The Provider represents and warrants that it has all necessary licenses and certifications
to perform the services provided for in the Agreement and is qualified to perform those
services. Provider represents that the person signing this Agreement on behalf of
Provider has all requisite authority to bind Provider to the terms and conditions of this
Agreement.
4. Compensation
As compensation for the Provider's performance of the services provided for in this
Agreement, the City will pay the Provider the fees and costs specified in Exhibit "A".
These payments will be full compensation for work performed or services rendered and for
all labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to
complete the work.
The Provider will submit to the City a monthly invoice reflective of time and materials
charged. All invoices shall include the total amount of the contract, the remaining balance
available against the contract, the total associated cost of the current tasks and services
being billed and the remaining after balance. Upon acceptance of the invoice the City will
process the invoice in the next billing/claim cycle, and will remit payment to the Provider,
subject to any conditions or provisions in this Agreement or Amendment. The Contract
reference (BCRA — APD Gun Range Master Plan) must appear on all invoices
submitted. Copies of original supporting documents will be supplied to the City upon
request.
The not-to-exceed amount for this agreement is SIXTY FIVE THOUSAND SIX HUNDRED
THIRTY-FIVE DOLLARS AND 00/100 ($65,635). The Provider will not undertake any work
or otherwise financially obligate the City above this amount without prior written
authorization.
Compensation to be paid the Provider in succeeding years after the current year will be
contingent upon availability of funds.
5. Time for Performance, Term, and Termination of Agreement
The term of this Agreement will commence on the Effective Date. The Provider will
perform the services in accordance with the direction and scheduling provided on Exhibit
"A", unless otherwise agreed to in writing by the parties. All work performed under this
Agreement will be completed by June 30, 2025.
Termination for Cause. 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 notice will
identify the reason(s) for termination and specify the effective date of termination. In the
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1F07DD596E2E
event of a negligent default by Provider, City may suspend all payments otherwise due to
Provider and the City will have no further obligations to Provider.
Termination for Convenience. The City may terminate this Agreement upon not less
than seven (7) days written notice, which shall contain the effective date of termination, to
the Provider. If this Agreement is terminated through no fault of the Provider, the Provider
will be compensated for services performed prior to termination in accordance with the
rate of compensation provided in Exhibit "A". This payment shall fully satisfy and
discharge the City of all obligations and liabilities owed the Provider, who shall not be
liable for any anticipated profits or other consequential damages resulting from the
termination.
Upon receipt of a termination notice, the Provider will promptly discontinue all services
affected and deliver to the City all data, drawings, specifications, reports, summaries, and
such other information and materials as the provider may have accumulated, prepared, or
obtained in performing this Agreement, whether fully or partially completed.
All rights and remedies provided in this Section are not exclusive of any other rights or
remedies that may be available to the City, whether provided by Law, equity, in any other
agreement between the parties or otherwise.
6. 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 Provider as part of his performance of this Agreement (the "Work Products") will be
owned by and become the property of the City, may be used by the City for any purpose
beneficial to the City, and are subject to the requirement of the Public Records Act, 42.56
RCW. The Work Product does not include the Provider's standard systems, sections,
details and specifications. The Work Product will be released to the City upon final
payment of all applicable services rendered by the Provider. Use of these records for
anything other than the project for which it was prepared, without the engagement of the
Provider, are at the sole risk of the City. The City agrees to indemnify, defend, and hold
Provider harmless from all claims, damages, and expenses, including attorneys' fees,
arising out of such use, reuse or modification by City or by others acting through the City.
The Provider acknowledges that the Agreement, and documents provided in connection
with this Agreement, become a public record and may be subject to inspection and
copying, unless the information is declared by law to be confidential or is otherwise
exempted from public records disclosure requirements. The Provider agrees to give its
fullest assistance to the City in identifying, locating, and copying any records in the
Provider's possession that are responsive, as determined by the City in its sole discretion,
to a Public Records Act request received by the City.
7. Records Inspection and Audit
All compensation payments will be subject to the adjustments for any amounts found upon
audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement will 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. If any litigation, claim, dispute, or audit is
initiated before the expiration of the three (3) year period, all records and books of account
pertaining to any work performed under this Agreement will be retained until all litigation,
claims, disputes, or audit are finally resolved.
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1 F07DD596E2E
8. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Agreement is
in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider
will continue to make a good faith effort to cooperate and continue to work toward
successful completion of the delivery of services and its contractual responsibilities.
9. Independent Contractor
The Provider will perform the services as an independent contractor and will not be
deemed, by virtue of this Agreement and performance of its provisions, to have entered
into any partnership, joint venture, employment or other relationship with the City. Nothing
in this Agreement creates any contractual relationship between the Provider's employee,
agent, or subcontractor and the City.
10. Administration of Agreement
This Agreement will be administered by DJ Dean, on behalf of the Provider, and by the
Mayor of the City, or designee, on behalf of the City. Any written notices required by the
terms of this Agreement will be served on or mailed to the following addresses:
Josh Arndt DJ Dean
City of Auburn BCRA, Inc.
25 West Main St 2106 Pacific Avenue, Suite 300
Auburn WA 98001-4998 Tacoma, WA 98402
Phone: 253.931.4011 Phone: 253.606.2283
Email: Jarndt@auburnwa.gov Email: Ddean@bcradesign.com
11. Notices
All notices or communications permitted or required to be given under this Agreement will
be in writing and will be deemed to have been duly given if delivered in person or sent by
electronic (email) or regular mail, postage prepaid, [by certified mail, return receipt
requested,] and addressed, if to a party of this Agreement, to the address for the party set
forth above. Delivery by email where no delivery failure notification has been received will
be deemed to have been one (1) business day after the email was sent. If addressed to a
non-party, the notice will be sent, in the foregoing manner, to the address designated by a
party to this Agreement.
Either party may change its address by giving notice in writing to the other party.
12. Insurance
A. Insurance Term. The Provider shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Provider, its agents, representatives, or employees.
B. No Limitation. The Provider's maintenance of insurance as required by the Agreement
shall not be construed to limit the liability of the Provider to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
C. Minimum Scope of Insurance. The Provider shall obtain insurance of the types and
coverage described below:
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1F07DD596E2E
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO)
form CA 00 01.
2. Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and advertising
injury. The City shall be named as an additional insured under the Provider's
Commercial General Liability insurance policy with respect to the work performed
for the City using an additional insured endorsement at least as broad as ISO
endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability insurance appropriate to the Provider's profession.
D. Minimum Amounts of Insurance. The Provider shall maintain the following insurance
limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $2,000,000
per claim and $2,000,000 policy aggregate limit.
E. Other Insurance Provision. The Provider's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance as respect the City. Any insurance, self-insurance, or self-insured
pool coverage maintained by the City shall be excess of the Provider's insurance and shall
not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
G. Verification of Coverage. The Provider shall furnish the City with original certificates
and a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Agreement
before commencement of the work.
H. Notice of Cancellation. The Provider shall provide the City with written notice of any
policy cancellation within two business days of their receipt of such notice.
BCRA, Inc.—APD Gun Range Master Plan
12/5/24
Page 5 of 11
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1F07DD596E2E
I. Failure to Maintain Insurance. Failure on the part of the Provider to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Provider to correct the breach,
immediately terminate the Agreement or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Provider from the City.
J. City Full Availability of Provider Limits. If the Provider maintains higher insurance
limits than the minimums shown above, the City shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Provider,
irrespective of whether such limits maintained by the Provider are greater than those
required by this Agreement or whether any certificate of insurance furnished to the City
evidences limits of liability lower than those maintained by the Provider.
13. Indemnification/Hold Harmless
Provider shall defend, indemnify and hold the City, its officers, officials, and employees
harmless, but not defend, from any and all third party claims, injuries, damages, losses or
suits including reasonable attorney fees, arising out of or resulting from the negligent acts,
errors or omissions of the Provider in performance of this Agreement, except for injuries
and damages caused by the sole negligence of the City.
However, should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the Provider and the City, its officers, officials, and employees, the Provider's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the
Provider's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
14. Assignment
Neither party to this Agreement will assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party. No assignment or transfer of any
interest under this Agreement will 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.
15. Nondiscrimination
The Provider 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.
16. Amendment, Modification and Waiver
BCRA, Inc.—APD Gun Range Master Plan
12/5/24
Page 6 of 11
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1F07DD596E2E
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement will be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or the party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver, approval or acceptance, or payment by any party will not affect or
impair that party's rights arising from any default by the other party.
17. Parties in Interest
This Agreement is binding upon, and the benefits and obligations hereto will inure to and
bind, the parties and their respective successors and assigns, although this section will not
be deemed to permit any transfer or assignment otherwise prohibited by this Agreement.
This Agreement is for the exclusive benefit of the parties 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.
18. Force Maieure
Any delay in the performance of any obligation under this Agreement shall be excused, if
and so long as the performance of the obligation is prevented, delayed or otherwise
hindered by any act not within the control of a party such as fire, cyber/ransomware attack,
earthquake, flood, explosion, actions of the elements, riots, mob violence, strikes,
pandemic, lockouts, and emergency orders of the state or federal government.
19. Applicable Law
This Agreement and the rights of the parties will be governed by the laws, regulations, and
ordinances of the City, of the State of Washington, and King County. Venue for any action
involving this agreement will be in the county in which the property or project is located, and
if not site specific, then in King County. It is agreed that any applicable statute of limitation
will commence no later than the substantial completion by the Provider of the services.
20. 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 will 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.
Where appropriate, the singular will include the plural and vice versa and masculine,
feminine and neuter expressions will be interchangeable. Interpretation or construction of
this Agreement will not be affected by any determination as to who is the drafter of this
Agreement, this Agreement having been drafted by mutual agreement of the parties.
21. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision is illegal or
invalid for any reason, such illegality or invalidity will not affect the validity of the remaining
provisions.
22. Entire Agreement
This Agreement together with any subsequent amendments or addendums contains the
entire understanding of the parties in respect to the transactions contemplated and
supersedes all prior representations, agreements and understandings between the parties,
BCRA, Inc.—APD Gun Range Master Plan
12/5/24
Page 7 of 11
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1F07DD596E2E
either oral or written. No other understandings, oral or otherwise, regarding this
Agreement shall bind any party.
23. Non-Availability of Funds
Every obligation of the City under this Agreement is conditioned upon the availability of
funds appropriated or allocated for the performance of such obligation; and if funds are not
allocated and available for the continuance of this Agreement, then this Agreement may
be terminated by the City at the end of the period for which funds are available, without the
seven (7) days' notice provided by Section 5. No liability will accrue to the City in the
event this provision is exercised, and the City will not be obligated or liable for any future
payments or damages as a result of termination under this Section.
24. Counterparts
This Agreement may be executed in multiple counterparts, each of which will be one and
the same Agreement and will 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 BCRA, Inc.
DocuSigned by: Signed by:12/30/2024 [ u/UiUS
/I'',,W. OAK') jr. 12/30/2024
rc� Nou icwi` o o�heco'a.,.
Nancy Backus, Mayor Dennis bean, Jr., Architect
Approved as to Form:
riSigned by:
ttS0-N UMa(f N
Jason Whalen, City Attorney
BCRA, Inc.—APD Gun Range Master Plan
12/5/24
Page 8 of 11
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1 F07DD596E2E
EXHIBIT A
Scope of Work
Auburn PO Gun Range Masterplan
Phase 00-Project Management
Task Al Architecture
1. Overall project maragement,including managing scope,schedule,and budget.
2. Manage nternal project team and subcorsultants.
3 Prepare preliminary project schedule and update monthly as needed.
4- Prepare monthly progress reports and invo ces.
Meetings.
• Bi-weekly call to discuss status updates(up to thirty(30)minutes each).
Assumptions:
• Duration for this phase is four(4)months
Deliverables:
• Project schedule(preliminary and monthly updates).
• Progress reports and invoices
Phase 01-Site I ation Gathering
Task Al Architecture
The following activities w I- be . .1 to dentify and document current uses of the s te and facilit es and
site constraints:
1. Mold a kick-off meeting. The purpose of tie meeting is to:
a. Introduce the team.
b. Identify project goa s.
c. Discuss known def-ciences.
d. Identify future wants/needs.growth time ne,space requirements,and peogrammirg
e. Discuss prioritization strategy.
2. Review as-built documental or,vert cal and below grade construction.
3. Site visits to:
a. Existing Auburn PD gun range.
b. Tacoma PD gun range
c. Seattle PD gun range
4. Prepare a campus map of existing conditions identifying s te constraints,including.
a. Exist rg b.0 Id ngs/structures.
b. Drives(paved and unpaved).
c. Edge of pavement.
d. Exist ng underground and overhead utilities.
e. Potential steep slopes.
f. Wetlands and associated buffers.
g. Fence I ne.
Meetings.
• Kick-off meeting estimated at two(2)hours.
Assumptions:
• Duration of this phase will be approximately one II)month.
BCRA, Inc.—APD Gun Range Master Plan
12/5/24
Page 9 of 11
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1F07DD596E2E
• Meetings will be virtual unless noted otherwise.
• Client will provide available land survey and utility information of existing conditions
• Client will provide previous studies and reports prepared for the site, including geotechn►col
reports, wetlands reports,cultural resources reports, and critical areas reports.
• Three(3)site visits, each .., . I at two(2)hours, including travel time
Deliverables:
• Meeting notes.
• Site , . , . plan of existing conditions(PDF and CAD)
Phase 02 - Needs Assessment
Tas. Al -Architectjre
This phase is to.dentify current and future needs and the r potential locations on the site. The following
activities wil•be performed:
1. Evaluate the need for spaces/areas that have beer allocated for future use of the site.
2. Review zonirg and build ng code for potertial new facilities to . . e allowable uses and what
constraints might be placed on them
3. Identify and documert needs for new facilities to meet current and future needs. Client is currently
considering the follow.ng
a. Ground surface changes.
b. Pa►k;rg lot paving.
c. Electric gate
d. Secunty cameras.
e. Elect•fed targets.
f Storage building
g. Restrooms.
h. Classroom/training room.
Meetings:
• None .
Assumptions:
• Duration of this phase will be approximately two(2)months.
Deliverables:
• Summary of future facility needs.
Phase 03-Master Plan
Task Al • Architect ire
The following actrvit.es w'll be , .1 to create a Master Plan with a phased approach to . . ts
and expansion:
1. Prepare tnree(3)initial site layout alternatives. Site layouts w I .. . . to Information and data
collected in previous phases.
2. Present initial site layout alternatives to stakeholders.
3. Revise preferred site layout based on feedback from stakeholders.
4, Prepare cost estimate for improvements shown in preferred site layout.
S. Develop a phased . . .h for i p' tirg im. . ts based on constri.ctabi ity and cost.
6. Update cost estimate and organize by phase.
7. Prepare . , Ium describing master plar process and .. . . .
8. Present final Master Plan(phased s to layout and assoc ated cost estimate for each phase)
BCRA, Inc.-APD Gun Range Master Plan
12/5/24
Page 10 of 11
Docusign Envelope ID: B7D29582-4A09-4A2A-9EE5-1 F07DD596E2E
Meetings.
• Up to two(2)presentation meetings, two(2)hours each. at the Client's offices.
Assumptions:
• Duration of this phase will be approximately one/1)month.
• Scoring criteria. rf necessary to select preferred alternative, will be developed by the Client.
• Meetings will be virtual unless noted otherwise.
• In lieu of performing geotechnical investigations at this stage of the project, no special
foundations will be assumed for the purpose of developing anticipated construction cost
information
• Exclusions:
o Traffic study.
o Noise study.
o Environmental study.
o Landscape architecture on-site and buffers.
o Public involvement.
Deliverables:
• Meeting notes.
• Up to three(3)initial site layout alternatives
• Final Master Plan, including:
o Memorandum.
o Phased site layout.
o Cost estimate for each phase
Fee Schedule:
City of Auburn - Police Department Gun Range - Master Plan FEE ESTIMATE SUMMARY
Scope of Services Architecture Civil Engineering Cost Estimating Total
(LDC) (RC Cost Group)
30 Project Management $ 11,015 $ - S - 5 11,015
31 Site Information Gathering $ 7,520 $ 5,885 S $ 13,40S
32 Needs Assessment $ 6,490 $ 1,815 $ - $ 8,305
33 Master Plan $ 14,030 $ 8,580 $ 3,834 $ 26,444
990 Reimbursable Expenses $ 390 $ 160 $ - $ 550
Management Reserve(10%) $ 5,91/
Master Plan Fee Total' $ 39,445 I $ 16,440 I $ 3,834 $ 65,635
BCRA, Inc.—APD Gun Range Master Plan
12/5/24
Page 11 of 11