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HomeMy WebLinkAboutIII-A Resolution 4439 ~ ~ CITY OF - ~U- U~~N AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Resolution No. 4439 authorizing Amendment No. 2 to Date: Agreement AG-C-347 with ICF Jones & Stokes Associates, Inc. for 1/7/2009 rofessional lannin services. Department: Attachments: Budget Impact: None Planning, Building and 1. Resolution No. 4439 and AG-C-347, (cost of Agreement less Community Amendment 2 than budget of first project 2. AG-C-347 Amendment 1 contract) 3. A reement No. AG-C-347 Administrative Recommendation: Planning and Community Development Committee to support City Council adoption of Resolution No. 4439 approving Amendment No. 2 to Agreement AG-C-347 with ICF Jones & Stokes Associates, Inc for professional planning services for the Development Code Update project. Background Summary: On September 2, 2008, the City executed Agreement No. AG-C-338 in the amount of $175,000 with BHC Consultants, LLC to assist with the review and update of the City's development code. On November 12, 2008, the City terminated Agreement AG-C-338 with BHC Consultants. On November 24, 2008, the City executed Agreement AG-C-347 in the amount of $24,870 with ICF Jones and Stokes Associates (one of the other qualified consultants who responded to the original RFP for the project in 2007) to provide interim planning services to allow work to continue on the first of two project phases while the City and the consultant developed a more comprehensive contract to address work required for completion of both phases of the project. On December 28, 2008, AG-C-347 Amendment No. 1 extended the term of the agreement to February 15, 2009. The proposed amendment extends the term of Agreement AG-C-347 to October 15, 2009, increases the total contract amount to $126,991, and provides a detailed scope, budget, and schedule to address required planning support for the remainder of the Project. The total contract amount is less than the original contract amount that the City Council approved for the agreement with BHC Consultants, LLC. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Ma or ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance y Parks ❑ Human Services ❑ ❑ Planning & CD ❑ Fire ~ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No • Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meetin Date: 1/12/2009 Item Number: 1-iU$LJFC.N *MORE THAN YOU 1MAGINED RESOLUTION NO. 4 4 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AGREEMENT AG-C-347 WITH ICF JONES & STOKES, INC. TO ASSIST THE CITY IN UPDATING THE CITY'S DEVELOPMENT CODES. WHEREAS, the City of Auburn zoning, subdivision and other related codes and associated design standards are in need of a comprehensive review; and WHEREAS, incremental amendments made over the years have made it increasingly difficult for City staff and the public to easily and efficiently utilize the existing development codes; and WHEREAS, an update of the City's development regulations will further the City's objective to improve the permit process; and WHEREAS, the City Council has determined that a comprehensive code review and update effort is required; and WHEREAS, the City has previously executed professional services agreement AG-C-347 with ICF Jones & Stokes Associates, Inc for short-term professional planning services to assist the City with the code review and update effort; and WHEREAS, the consultanYs provision of additional services desired by the City to complete the code update project requires amendment of the existing agreement; Resolution No. 4439 January 12, 2009 Page 1 of 3 NOW, THEREFORE, THE CITY COUNGL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS. Section 1. The Mayor and the City Clerk of the City of Auburn are hereby authorized to execute Amendment No. 2 to Agreement AG-C-347 for Professional Services with ICF JONES & STOKES ASSOCIATES, INC. for the purpose of updating the City's development codes, which amendment shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement administrative , I procedures as may be necessary to carry out the directives of this legislation. j i Section 3. This Resolution shall take effect and be in full force upon I passage and signatures hereon. Dated and Signed this day of , 2009. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 4439 January 12, 2009 Page 2 of 3 Daniel B. Heid, City Attorney Resolution No. 4439 January 12, 2009 Page 3 of 3 AMENDMENT #2 TO AGREEMENT NO. AG-C-347 BETWEEN THE CITY OF AUBURN AND ICF JONES & STOKES ASSOCIATES, INC. ' RELATING TO THE AUBURN CODE UPDATE PROJECT THIS AMENDMENT is made and entered into this day of , I 200 , by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and ICF JONES & STOKES ASSOCIATES, INC. (hereinafter referred to as the "CONSULTANT"), as an ' Amendment to the Agreement befinreen the parties for AG-C-347 executed on the 24th day of November 2008, and amended by agreement dated the 29th day of December 2008. , The changes to the agreement are described as follows: II 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to October 15, 2009. ~ 2. SCOPE OF WORK: The scope of work is amended to include the tasks described I in Exhibit A1, which is attached hereto and by this reference made part of this Amendment. 3. COMPENSATION: The amount of this amendment is $102,251. The total contract amount is increased to a total of $126,991. Costs will be based on Exhibit A and ' Exhibit 6, which are attached hereto and by this reference made part of this Amendment. ' REMAINING TERMS UNCHANGED: That all other provisions of the Agreement ' between the parties for AG-C-347 executed on the 24th day of November 2008 shall 'remain unchanged, and in full force and effect. ~ IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the 'I day and year first above written. ' ~ I ~ ICF JONES & STOKES ASSOCIATES, INC. CITY OF AUBURN ' By: Authorized signature Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: I ~ ~ Amendment No. 2 for Agreement No. AG-C-347 ' ICF Jones & Stokes Associates, Inc. Page 1 of 2 I, I By: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to form: Attorney for (Other Party) Daniel B. Heid, Auburn City Attorney - - - - Amendment No. 2 for Agreement No. AG-C-347 ICF Jones & Stokes Associates, Inc. Page 2 of 2 Exhibit A 1 Scope of Work SCOPE OF WORK Auburn Development Code Update This scope of work covers a contract amendment that, in conjunction with the initial Auburn Development Code Update contract, is intended to cover the all consultant work on Phase I Residential and Subdivision Code Amendment update and Phase II Nonresidential and Process Code Amendment update. This scope of work covers anticipated level of effort for assisting city staff in updating the City's Zoning Code (Title 18) and associated development regulations. Since many of the issues, particularly related to Phase 2 non-residential code updates are not specifically known at this time, this scope of work is based on a series of assumptions about this project described in the "Overall Assumptions" section below. In addition, time and effort estimates are conservative, assuming a primary level of effort by consultant staff. This level of ! effort may be reduced in a number of ways, including increased city staff roles, revisions to the assumptions about the tasks, increased operating efficiencies, such as use of conference calls instead of in-person meetings, and other measures. ~ Overall Assumptions: ■ Consultant staff will prepare research and analysis, draft code sections, and revisions requested based upon city staff, advisory body, public, and Council review to the level of budgeted hours. ■ All meetings except weekly project management meetings will be held in-person at Auburn City Hall. ReadyConference conference call system will be utilized for those unable to attend the meetings in person. ■ Weekly project management meetings will be held via ReadyConference conference call. ■ Budget may be transferred between tasks based upon consultant judgment and prior agreement with city staff, so long as all tasks are completed to the client's satisfaction and the overall project budget is not exceeded. ■ If levels of effort are identified which exceed the anticipated budget and scope of work, then the consultant and city staff will work together to find solutions for continuation of project work with as little disruption to schedule as possible, including but not limited to transferring some remaining responsibilities from consultant staffto ciry staff, seeking budget amendment, or other measures to be mutually agreed upon. ■ The consultant retains the discretion and internal flexibility to assign appropriate consultant staff in order to meet scheduled deadlines, so long as the budget is not exceeded. City staff will be consulted prior additional consultant staffbeing added to the project. AG-C-347, Exhibit A1 Page 1 of 7 ■ Consultant will provide deliverables in an electronic format unless otherwise agreed upon by city staff and consultant. City is responsible for reproduction and distribution. Task 1. Research and Analysis ICF Jones & Stokes (Consultant) will research development code update issues by examining data already collected by the City, the development codes of other Washington State jurisdictions, examining professional literature on the subjects that are readily available from the American Planning Association and similar professional sources, other Internet research, and limited follow-up conversations with planning staff at local jurisdictions and other entities related to identified issue areas with local government contacts occurring after notification to Auburn city staff. City will provide a priority-order list of topics to be researched. For cost estimating purposes, Consultant has assumed 242 hours of research and analysis. Upon receipt of the City's list of topics, Consultant will review and advise the City of the estimated hours needed to complete the analysis. If additional hours beyond those assumed in the cost estimate are required, the City and Consultant shall jointly determine how/whether to adjust budget or tasks. Assumptions: ■ This task assumes that up to 2 memos or issue papers will be developed for each identified issue - one consisting of a background review of an issue and some potential options; and a second memo that identifies preliminary recommendations or further analysis that will help with drafting the code. ■ To the extent possible, this task will draw upon relevant materials previously prepared for this project. Deliverables: ■ Up to 11 research topics requiring 22 memos or issue papers related to various development code update issues. Task 2. Code Drafting/Preparation Consultant shall prepare drafts of code sections, and/or reformatting and revising existing code sections in a new proposed format for the Auburn Zoning Code. This task assumes adherence to a single format for review and analysis of draft code sections. AG-C-347, Exhibit A1 ~ Page 2 of 7 Assumptions: ■ For budget purposes, consultant has assumed there will be 3 drafts of code sections: an initial draft for city staff review, a draft responding to staff-level edit that is presented to Council and advisory committees, and a draft that responds to public and City Council review comments. If time is available from other tasks, resources may be shifted as described in general assumptions of this scope. ■ Drafts of code will be prepared in a mutually agreed upon and consistent format for review purposes. ■ Code drafting in Task 2 will be based upon the findings from memos and issue papers in Task 1. ■ To the extent possible, city staff and citizen advisory group comments related to code drafts will be consolidated by city staff for ease of incorporation. Deliverabies: ■ For budgeting purposes, this scope assumes up to 3 drafts of each section of newly revised Auburn City Code Zoning Chapter (Title 18) along with necessary edits and cross-references to other sections of City Code based upon recommended changes. Task 3. Regulatory Review Assistance In accordance with statutory requirements, the City is required to follow the procedural requirements of the State Environmental Policy Act (SEPA) and the Growth Management Act. Since this project contemplates changing development regulations, which do not constitute a site . specific project, state SEPA rules provide for a nonproject SEPA review to be conducted. In addition, the Growth Management Act requires that cities submit any proposed development regulation amendments to the State Department of Community Trade and Economic Development (CTED) and other state agencies for a 60-day review and comment period, during which the City may not act upon a proposal. The consultant will assist City with preparing a nonproject SEPA checklist and a lead agency threshold determination fortn as well as a CTED 60-day review packet for a draft recommended Auburn Development Code Update. Task 3 also includes a level of effort estimate for responding to any comments arising from the CTED 60-day review. Assumptions: ■ This Task assumes two nonproject SEPA checklists and forms (one for Phase 1 and one for Phase 2) be developed. AG-C-347, Exhibit A1 ~ Page 3 of 7 ■ This Task assumes two 60-day review packets will be prepared (one for Phase 1 and one for Phase 2). ■ This Task assumes 2 draft responses to CTED comments (one per phase). ■ Each deliverable assumes one round of city staff review comments. Deliverables: ■ Up to 2 Nonproject SEPA checklist and SEPA determinations ■ Up to 2 60-day review packets ■ Up to 2 responses to 60-day review comments Task 4. Public Involvement Assistance Consultant shall support City with public involvement assistance. This task includes consultant staffpreparation for and attendance at one Code Working Group meeting per month from January through August; up to three public open houses or other public outreach events; and assistance with preparation of informational materials for use and distribution in public involvements efforts through phase 1 and 2 of the project. Assumptions: ■ Preparation and attendance at up to 8 Code Working Group meetings by one consultant staff member. ■ Preparation for and attendance at up to 3 public open house or other public outreach meetings by up to two consultant staff inembers. ■ Preparation of up to 9 display boards for Code Working Group and public outreach meetings. • It is assumed that written materials provided for Code Working Group meetings will be the same as issue papers/memos and/or code drafts found in Tasks 1 and 2. ■ Written materials for the three other public meetings will be based upon memos/issue papers and draft code sections included in Tasks 1 and 2. ■ City responsible for meeting logistics including room arrangements, meeting notices, refreshments, and similar tasks. Deliverables: ■ Consultant staff attendance at up to 11 public meetings; . ■ Up to 9 display boards for public meetings (three boards on average per open house format • meeting). AG-C-347, Exhibit A1 ~ Page 4 of 7 ■ A summary of issues and/or code amendments prepared to date for each of the 3 public open houses or meetings. Task 5. Code Adoption Assistance Consultant shall attend and participate in a select number of Planning Commission, Council committee and City Council meetings in support of city adoption of Phase 1 and Phase 2 code amendments. Assumptions: ■ Attendance of up to one consultant staff at up to two workshop-oriented special meeting for the Planning and Community Development Committee meetings for each phase (total of four workshop-oriented special meetings). ■ Assume attendance of up to one consultant staff at up to two Planning Commission meetings per phase (four Planning Commission meetings total). ■ Assume attendance of up to one consultant staff at up to two public hearings per project phase: one Planning Commission public hearing, and one City Council public hearing per project phase (for a total of four public hearings through phase 1 and 2 of project). ■ It is assumed that city staff will take the lead in adoption process for the City Development Code project, and that consultant staffwill be present to either present an issue or issues, or to support city staff in answering Council questions. ■ Assume that materials provided for Council Committee or City Council meetings will be the same provided in Tasks 1 and 2. Deliverables: ■ Up to one consultant staff inember's attendance at up to four Ciry Council committee ~ workshop-oriented special meetings during the life of the project. i ■ Up to one consultant staff inember's attendance at up to four Planning Commission meetings II, during the life of the project. ■ Up to one consultant staffmember's attendance at up to two Planning Commission public hearings during the life of the project. ■ Up to one consultant staffmember's attendance at up to two City Council public hearings during the life of the project. AG-C-347, Exhibit A1 ~ Page 5 of 7 Task 6. Engineering Standards Update Coordination Consultant will coordinate the Development Code Update effort with the parallel process of updating City of Auburn Engineering Design Standards. This effort will involve meetings with City Planning & Community Development and Public Works staff, as well as meetings with City's engineering consultant staff to coordinate efforts on these update proj ects. Assumptions: ■ Up to three meetings by up to two consultant staff over phase 1 and 2 of the project to identify potential areas of overlap, review written materials for both update efforts, and ensure that the two efforts are mutually supportive and not duplicating efforts. ■ Assumes consultant staff review and comment on up to two Public Works Design Standards deliverables and/or other written materials submitted for the engineering design standards related to the Development Code Update project. Deliverables: ■ Up to three meetings by two consultant staff related to proposed revision to engineering design standards related to the Development Code Update project. ■ Review and written comment on up to two engineering design standards related deliverables associated with the Development Code Update project. Task 7. Project Management The purpose of this task is the coordination of Auburn Development Code Update efforts, accurate and timely recording of efforts in monthly progress reports and billing invoices, and associated time and effort to work with city staff and internal and external stakeholders in moving the project forward. The goal of this task is to minimize disruptions to project schedule based upon unforeseen factors and miscommunication. Assumptions ■ A weekly project progress conference call for up to 2 consultant staff over the course of a 40- week period. ■ Preparation of monthly progress reports and invoices that document efforts expended to date and provide assessments of efforts upcoming within the next month, as well as identifying any upcoming issues or problems in accordance with City's contracting procedures. ■ Assumes management of schedule to track changes in project, with a monthly schedule update assumed for budget purposes. AG-C-347, Exhibit A1 ~ Page 6 of 7 ■ Coordination with internal consultant staff assigned to work on various issues and materials being provided to the City. , Deliverables , ■ Monthly progress reports and invoices. I ■ For budget purposes, assume a monthly update to schedule. II ~ I AG-C-347, Exhibit A1 ~ Page 7 of 7 c) 0 vo -u -A -u v0 --1 -1 •-,.-i .-A .-A .-A 0 n~ D0 7 O o> ° - r- (1) ' v~i ~ (1) ; ai ; ~ i v : ~ i v : u~i co n Q " ~ N N N N ~ p L- d 7c :7c ~7c :7c :7c :7c :7c ,O C p N ~1 •0+ = tQ ~ ~ S V -O) .A ~ ~ Ri O . ° m X ~ c v x v, ~m c 'v :o :c ' m W :o 'm O ~ Q ~ O p_ ~ S~o y a. ~ :d :Q :a : m j 0 :M ~ 7 ~ C ~ ~ ~'7 ~ ' ' n .C . 0 1 N 7 0 W .fD . N -~1 tj o 0. C Q N d~' ~0 < ~O .v.~ N Q (D N 7 ; O ~ j 0 6 Rl Q ~ '(/)'O 'f~D 'qQ .d 0 'D a) (D :Er :3 .6) w Q n ~ 7 N ~ fD .a :y .a .d ~ N. -o m (D a) o> :D :D C y 0 fD y iy .tn 'ID i(n y ~ y .'O i(~p ~N ~C.. .7 ~ (D •N ' :N :fD -n L N cn :0: ~ 0 N : 0 . f m .p. . 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A.~. , . _ . _ _ .....v . . ~ . . . . . . ;g y _ _ - - . _ - - : . . . ; _ , . . . . , , . • - : ~ ; ~ ~ .i~ ~ . . . . . . . ~ ~ . ' ' . . . . - - . . . , . . . . , , ; . . . • . . . . . . , , . . . - . ' . . . . ~ . . . . ~ . ~ AMENDMENT #1 TO AGREEMENT NO. AG-C-347 BETINEEN THE CITY OF AUBURN AND ICF JONES & STOKES ASSOCIATES, iNC. RELATING TO THE AUBURN CODE UPDATE PROJECT THIS AMENDMENT is made and entered into this 2A``~ day of 20W~-, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and ICF JONES & STOKES , ASSOCIATES, INC. (hereinafter refeRed to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-G347 executed on the 24~' day of November 2008. The changes to the agreement are described as follows: ' 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to February 15, 2009. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATtON: There is no change to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-G347 executed on the 24th day of November 2008, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. ICF JONES & STOKES ASSOCIATES, INC. CI7Y-~0FAAJJ$U N V ~ B ; y: ; Authorized signature Pe er B. Lewis, Mayor ; ATTEST (Optional): ATTEST: ; ~ ~ , i BY: Its: Darnelle E. Daskam, Aubum City C(erk 1 ~ Approved as to form (Optional): Approved as to form: Attomey for (Other Party) aniel B. Heid, Aubum City Attomey - ~ Amendment No. 1 for Agreement No. AG-C-347 ICF Jones 8 Stokes Associates, Inc. Page 1 of 1 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-347 THIS AGREEMENT made and entered into by and between the CITY OF AU6URN, a Municipat Carpora#ion in King Caunty, Washington, hereinafter referred to as "CITY" and Janes & S#okes Associates, inc. whose address is 710 2"d Avenue, Suite 550, Seattle, Washington, 98104, hereinafter referred t4 as "CONSULTAMT." In consideration of the covenants and canditions of this Agreement, the parties hereby agree as follows: 1. SCUPE OF WURK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shail not begin any work under this Agreement until authonzed in writing by the CiTY. All work under this Agreement shall be campEe#ed by [?ecember 31, 2008. , The established c,omptetion time shall nat be extended because of any delays attributable to the CONSULTANT, but may be extended by the C!TY in the event of a delay attributable to the GI'#'Y, or because of unavaidabie delays beyond the cantral of the C4NSULTACdT. A priar supplemental Agreement issued by the CITY is required to extend the estabtisfied completion time. 3. eoMPENsaTIoN. Campensation wil) be vn a time and material basis, not to exceed $24,740. Costs witt be based an Exhibit A, which is attached hereto and by this referertce made a part of this Agreement. Gonsul#an# invoices shatl provide such information and be of a#orm substantially similar as that shown in Exhibit B. tn the event services are required - - - - - - - Agreement fvr Professionat Services AG-C-347 Navember 18, 2008 Page 1 of 14 beyond those speci#ied in the Scope o# Worlc, and nat included in the compensation listed in this Agreement, a cantract modificatian shall be negotiated and appraved by the CITY priar to any effort being expended on such services. 4. S!lBCC1NTRACTING The CITY permits subcan#racts far those items of wark necessary for the campletion of the project. The CONSULTANT shall not subcvntract for the performanee of any work under this ACREEMENT without prior wriften pem3ission o# the CITY. No permission far subcontracting shall create, between the CITY and subcontractar, any ~ ~ ~ contrac#or or any other ralationship. ~ Gompensation for any subconsultant work is induded in Section 3 of this AGREEMENT and ati reimbursabte direct {abar, overhead, direct non-salary cas#s and ~ fixed fee +ccists far the subcansulfant shall be sttbstantiated in the same manner as ~ outlined in Sedion 3, A!i suhcontracts :exceeding 0sC0Q in cost shall contain all ~ applicable prouisicans of this AGREEht[ENTT'> ~ S. RESPC)NSIBILtTY QF P0!NSUl.fiANT. ~ The CQNSULTANT shall be resportsible for the professional quality, #echnical ~ accuracy, fimety completian and fhe coordination af atl s#udies, analysis, desigrrs, ; ~ ~ drawinys, specificaticns, reports and other services perform+ed by the CQNSULTANT ~ under this Agreernent. The CONSULTANT shall, wfthaut additiona# compensation, ~ cQrrect or reuise any errors, omissions ar other deficiencies in its plans, designs, ~ drawingsx SpeC#ft `GatlOC13y reports and other services required, TFte CONSUL7`RNT shall ~ ~ perforrn its services to conforrn to; generally-accept+eci professionai ptanning standards ~ and the requirements ofi #he CiTY. ~ Any apprcrval by the CITY under #his Agreernertt shall nat in any way retieve the ~ ~ ~ GONSULTANT af respansibility for the technical accuracy anrf ade4uacy a# its services. § - 3 Agreement for Rrafessional Services AG-G-347 ; Novernbec 78, 2008 Page 2 of 14 Except as otherw'rse provided herein, neither the C17Y'S review, approval or aceeptance of, nor payment for, any o# the services shall be canstrued to operate as a waiver of any righ#s under this AGREEMENT or a# any cause of ac#ion arising out of the performance of this AGREEMENT tcr the full extent of the law. 6. INDEMN(FICAT14N1Nt}LD HARMLESS. The CONSULTANT shall defend, indemnify and haid the CITIf, its offiGers, officrals, and employees harmless from and shalF process and defend at its own expense any and ait claims, injuries, dam2tges, iasses, nr suits, including att4mey fees ar equity arising in whole or in part from the acEs, errors or amissions of the CUNSULTANT in performance fl# this Agreemerrt, or the CC}NSULTANT'S negl'tgence I ar breath of aray 4f its abliga#ions untler this Agreement; provided that nathing herein stait require the CC)NSULTANT to indemnify the CITY against and hold harmless the CtTY from claims, dernands or suits based selefy upon the snle negiigence of the Cf1Y, its offirers, of#icials, votunteers, and employe+es, and provided further that if the claims ar suits are caused by pr result from the concurrent negligence of (a) the CONSULTANfi'S agertts or emp(oyees,and (b) ttte C17Y, its afficers, officials, valunteers, or employees, this indernrtity' provisicrn with respect to (1) cEaims or sui#s ~ bassd upcrn such negligence, (2) the c:osts to the GtTY of defending such claims and suits, etc., shalt be valid and en#arceable on{y to the exten# of the CC?NSULTANT'S negtigence or the negligence of the CQNSl1LTaNTS agents or emplayees. The provisions o# fhis seetiQn shafl sarviue the exp[ration or #ermination o# this Agreement. - - - - - - - - Agreement for Professionat Senrices AG-C-347 Navember 18, 2008 Page 3 of 14 7. INC?EPENDENT Ct3NTRACT4R/ASSIGNMENT The parties agree and understand fhat #he CONSULTANT is an independent carttractar and not the agent or empfoyee af the CETY anct #hat na liabili#y sha(l attach ta the CITY by reason o# entering into this Agreernent excep# as otherwise provided herein. The parties agree that this Agreemen# may not lae assigned in who1e or in part without the wratten consent of the GITY. 8. lNS11RANGE. CONSULTANT shall procure and mainta"rn for the duration of this.Agreement, insurance against clairns for tnjctries to persons ar damage to praperty wh'rch may arise from or in cannection with the performance of the wark Mereunder by the CONSULT.ANT, its agents, representa#iues, or emp#ayees. CQNStJLTANT'S maintenanc+a of insurance as requirecf by the Agreement.shalt nat be cQnstrued to limit the ltabitity of the CONSULTANT to the caverage proviried tay such insurance, or otherwise lirnft the City's recaurse to any remedy auaitable at Eaw ar in equity. ~ CONSULTANT shaO obtain insurance of the types and irt the amounts descr`rbed ~ ~ belomr: ~ ~ a, Atdomabite Liability Insurance eorrering all trwnecfi, non-owned, hired and t leasedvehicles, with aminimum cambined singie Iirnit for bodily injury and s ~ ~ property damage of $1;000,000. per accident. Coverage shali be written on $ insurrannoe Servic+es Office (1SC?) form CA 00 01 or a substitute farm providing Y ~ equtvaterrt liability cvverage. If necessary, the palicy shafl be enidorsed to prarride contractual liability coverage. ~ b. Cornmerciat Generai Liabitity'insurance shall be written on !SO accurrence #orm CG 00 01 and shall caver liability arising from premises, operatians, - - - - - - - - - - - - - Agreemerrt for Prafessional Services AG-C-347 (Uovemter 18, 2008 Page 4 of 14 independent contractors, and persanal injury and advertising injury, with limits no lessthan $1,000,000 each occurrence, $2,004,000 general aggregate. The CITY, shall be named as an insured under the CUNSULTANT'S Commerc'sal General Liahility Ensurance poticy wfth respect to the wock parformed for the CITY using the applicable IS4 Additionai Insured endorsement or equivalent. c. Worker's Gampensation cQVerage as required by the fnclustriaf Insurance laws of the State of Washington, d. Pro#essianal liability insurance appropriate fo the C4NSULTANT'S pr8fession, with limits no less #han $1,000,000 per claim and $1,000,000 palicy aggregate limit. The insurance policies are to contain, or be endcrrsed to contain, the fotlowing pravisions for Autamobile Liability, Professionat Liability, and Comrnercr`al General Liability insurance: a. The CC}NSllLTANT'S insurance coverage shall be primary insurance as ~ respects the GtTY. Any insurance, seff insurance or insurance pool cQVerage maintairted by #he Gi7Y, its afficials, empioyees ar agents shati be excess af the CC3tdSULTANTS insurance and shal1 not cantribute with it. b. The CQNSULTANTS insurance shall be endorsed #o s#ate that coverage shall not be canr.elled by either party except after thirty (30) days prior written notice has been given to the CtTY by certified rnail, retum receipt requestecl, ; Atl insurance shall ba obtained from an insurance cornpany authorized to dQ : business in the State af Washington. Insurance is#o k>e placed with insurers with a current A.M. Best rating of not tess than A; VIi. ~I ~ - - - - - - - - - Agreement for Prafessianat Services AG-C-347 ' Navember 1$, 2008 P^age 5 of 14 The CONSULTANT shalJ fumish the City with odginai certificates o€ insurance anci a copy af #he amendatary errdarsernents, including but not necessarily iimited ta the additianaf insured endorsement, evidenGing the insurance caverage required by this sectian, before commencement af the work: The C1TY resenres the right ta require that compiete, certified copies of a1I required insurance ptyficies te: subrnitted to the CITY at any time. The ClTY will pay no progress payments under Section 3 un#il the CONSULTANT has fully complied with this s+ectittn. ' 9. Nt?Ni31SCRIMlNATlON. 7he CONSULTANT rnay not discriminate regardirtg any services or actiuities to which this Agreemen# may app#y directly or thraugh contractual, hiring, or other ~ arrangements on the grounds vf race, color, creed, religion, natianal odgin, sex, age, or where therg is the :presence o# arty sensory, mental ar physicaf handicap. ~ ~ 10. QWNE,RS,HiP GF REGORDS ANU DOCUN1EES $ ~ 1`Fre CONSULTANT agrees that any and all drawings, camputer discs, dc>cuments, records, bc>vks, specificatiorrs, reparts; es#irrtates, surnmaries and such = other inforrna#ic►n and materials as the CONSULTANT may have accumulated, prepareci ~ ~ vr obtained as part of providing senrices under the terms af this Agreernent by the , } Ct3NSULTANT, shaH belong to and shall remain the prbpertyr of the Cl7Y OF AUBURht. ~ = Ir► additioni the CONSULTANT agrees #o mainta9n ali bctaks and recarcfs relaiing to its ~ operation and coneeming this Agreemerirt far a perioci flf sLx (6) years folivwing the date ~ ~ that this Agreement is expired ar otF►erwise terrrtirtated. 'fhe CONSULTANT fur#her agrees that the Cli"Y may inspect any and aII documents;Fteld by the CONSULTANT ~ ~ and relating to #his Agreemen# wpon good cause at any reasonabts tirne within the six ; (fi) year periQCf, The CONSULTANT a{so agrees toprovide to the ClTY, at the CITY'S request, the originats o# att drawrngs, documents, and items specified in this Section and - - - - - - ; Agreement far Prafessiona! Services AG-C-347 November 18, 2008 Page 6 af 14 information compiled in providing services to the CITY under the terms of this Agreement. 11. GERTIFtCATICIN REGARDIhIG QEBARMENT. SUSPENSIQN. AND C)THER RESP"4NSIB11LfT1( NCA'ITEERS-PRIMARY +GOVERED TRANSACTICINS. The prospective primary participant cert'rfies tothe best of' i#s knowledge and belief, that it and' its principals: (a) Are not presently debarred, suspended, proposed for debarment, cieclared ineligible, or vofuntadfy excluded frorn covere# transactions by any fiederal department or ageney; (b) Haue not within a three-year period precedirtg this praposal been convicted of or had a civi{ judgment rendered against thern for comrnission or fraud or a criminai offense in connection with obtaining, anompting to obtain, ar perforrning a public O+ederat, state, or ttcatj transaction or contract under a pubiic transaction; viatation of federal or state antitnast s#atues or commission ; ~ of embezzlement, theft, forgery, bribery, falsification or destruction of recartis, making false statements, or receiving-stolen property; (c) Are not presently indicted far or otherwise crimina#ly or ciuilly charged by a govemimental ent'rty (federal, state, or local) with cckrnmission o# any a# fhe offenses enumerated in para$rapM °(b)" of this certification; and (d) Have not within a three-year period preceding this appticatioNproposaf had one ar more public trar►sactions (federat, state, ar lacat} terminateci #or cause or detautt. Where the prospective primary participant is unable to cer#ify ta any of the statements In this certification, such prospective partictpant shall attach an explanation tca this proposal. Agceement far Prc,fessional Services AG-G347 Navember 18, 2008 Page 7 of 14 12. TERMtNATtQN OF AGREEMEN7. ~ This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based uporr any cause, tn the event Qf termination due to the fautt of ather(s) than the GONSULTANT, the CONSULTANT shall be paid by the CITY for services perfiarrned to the date of termination, ~ Upc~n receipt af a terminatic~n ncatice under the abave paragraph, the ~ CC3NSULTANT shali (1) promptly discorttinue att services affec:ted as directed by the wdften natice, and (2) deliver to the CiTY afi data, drawings, specif#ca#ions, reparts, 4 estirnates, summaries, and such other infarmatian and materiais as the CC3NSULTANT ~ ~ may have aceurnulated, prepared or abtained in performing this Agreemertt, whether ccfmpfeteci flr in process. ~ 13. GENERAL. ER Y#§1~ ' t'~1VS A ~ 13.1. This Agreemen# sha!l be govemed by the laws, regulations ancl orciinances ~ ~ of the City of Aubum, the State of Washington. tCng Courdy, and whereapp3icable, ~ ~ Federal laws. ~ 13.2. AIl claims, disputes and other rnatters in queaon arising out ofi, 4r relating ~ ~ to, this Agreernent mr the breach hereof, except with respect #a ciairns which have been waivecf,.wiMl be decided by a oot,tr# af compe#ent jurisdMon in King Caunty. Washington, ~ ~ Pending final decision of adispute hereunder, the CONSlJLTANT and the CITY shaif ~ proceW:diligently with the.perFvrt»ancye af the.setvices anct obiigatians herein. ~ 13;3, tn the event that any clispu#e Qr confiid adses bettnnreer► the parti~s while this F Agreerrtent is -in effect, the CONSUL.TANT agrees thaf, notwithstanding such dispute or ~ ~ conftic#, the GONSl1LTANT sha!! continue tQ make,a gaRad fai#h ef#ort to coopera#e and ~ ~ continue work;toward successful oornpleticn o€ assigned duties and responsibi#ities. ; - - - - - Agreemenf for Rrafessional Se►vices AG-C-347 NoVetEYbef 18, 2008 PagB 8 af 14 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and tegal representatives to the other party to this Agreemenf with respect:to a!l covenants tv this Agreemerrt. 13.5. This Agreement represents the entire and integrated Agreement between , the ClTY and the CC3h1SULTANfi and supersedes atl prior nega#iations, represerttatians ~ or agreements, either oral or written. This Agreement may be amended anly by written ~ a instrument signed by both the CiTY artd the CUNSULTANT. , ~ ~ 13.6. Should it become necessary to errforce any ferm or cbtigatic+n o€ this s: ~ ; Agreemen ~f then, ail costs of enforoemert,including reasranable att omeys fees and ~ ~ expenses and. co+ur# cxsts shsll: ke paid #Q #ho-substant#aIty preva'tkng patty. 13.7. The,GC}NS1.tLTANT agtees to r;omply with a11 loca1, sta#e and fedecai laws' ~ appficable tc►:its performance as of the date of thft Agteement. ~ ~ ~ 13.8, !f ~ny provision of #his Agreement is inrralid or unenforceab#e, #he remaining ~ provisicans shall remain in €orce'and effect > ; ?1 13.~ T'his Agreement:sha!l be, administered by Qebarah Munkberg,on lehalf of ~ the CC?NSULTANT, and by theMayor a# the CITY, or designee, on behaff Qf the CITY. ~ ~ Any wdtten ncatices roquiced by the ter~s of'this Agreement shaE! #e serveci an or ~ ~ rnailed to the #dllowing, addr~ises: ~ ~ C~r c~ At~b~€rrr Jcrr~es & ~c~(c~ l~saciates,1nc. ~ ~e~~ Sny+dor Deborah Murtkborg 25W est Ma[n Street 710 Sacond Avenue, Suite 550 Aubum V1tA 98001 Seatt1e, WA 98104 Phone: (263),931-3090 Phone: (206) 801-2804 ~ Fax; (2$3) 804-311 4 Fax: (206); 8t?1-~899 , ' Er»eiil: ksnpdsr0auburnwa.gov Emaill: drhunkbergQjsanet.com Agreement for Professional Ser+rms AG-C•347 Novembsr 18, 2008 Page 9 o# 14 13.10. A!i notices or communicatians permitted 4r required ta be given under this Agreement shatl be in writing and strall be delivered in Rersan or deposited in the United States maii, pastage prepaid. Any such delivery shali be deemed to have been duly given if rnailed by certified mail, retum receipt requested, and addressed to the address for the patty set forth in 13.9 or if to such other persort designated by a party to receive such natice. It is provide€f, haweuer, Chat maiting such na#ices ar communications by certified mail, re#um receipf requested is an optinn, not a requiremeni, unless specifically demanded Qr otherwise agreed. Any partjr rnay charige its address by giving na#ice in writing, stating the new address, to any other party, a11 pursuant to the procedure set #arth in this section of the Agreemen# 13.11, This Agreement rnay be execu#ed in muitip#e counterparts, each af which shalC be tme and the same Agreement and shafl becnme effecttive when one or more counterparts have been signed by each of the parties ar+d delivered to fhe other party. ~ Ct ' AUB ~ ~ ~ Reter B. Lewis, Allayor Date NfIV 2 4 200 ATTEST: DdnWe E. aslram, City C)erk` APPROVED AS TQ F4RM: - - - - - - - Agreement for Pro#essional Services AG-C-347 Ncrrember 48, 2008 Page i 0 of 14 Daniei B. Heid, CA Jones & Stakes Assaciates, lnc. BY: ."V~4 Federai Tax fD # ~ Agreement for Professionai Services AG-G-347 November 18, 2008 Page 11 of 14 EXxrsrr A ; City of Auhurrn ResYdential Code Am+endments Sc+ape af Services and Budget ~ The City of Autnxrn (CITY) has requested assistance frrxtn .1anes &Stokes Assaciates, Inc. (G"t3NSUI.TANT) to support gt~unrung staff as an extensian of staff regarding policy and code cvpic areas ~ for.t.he updaft of residential sections of the City's Zoning and Subdivision Ccxies. This Scope of Services identifies the Canstiltant tevel af effort €hrnugh Decernber 31, 2008. , '["he Cansuttartt wiR M pmvitie general planning and fand use eonsuiwon service,s at the request of anc# as ~ needet bY..tho City.. ' vn` mutually agr.eed tinwtables and levels of effont. tt is anticipateii that the ~ services under this A ,~r~t shalfi 6c rendered in cannection with che Ciient's Residential Code Update ~ Phase x. and wOl irt c~, bnart r~ecessai~i(y be limite~t to, the foltvwing items: 2 M:Claient code evaluativn, ` • k 'Example,}urisdictian cude ressearch; 'Cbde upclate c>prtions annalysis, and ; SuFport at staff; citizen, or decisian-ma.ker nieetings. ~ Staff> Bilffng R',a#es and Gost ~ T'hc wope of wrwu:er, witI°1e.lrppa ++nin, a time auci tnatersals basM io accoadance wit~ che fotlawin +estimate: ~ PaowQn ~ EsthnatecJ Avalta#tit€W ' 9 Bflling ttate Navernber 17 tv Cwecenaber 31 Budgeted tfour (Hcsurs) Fee I~isa Grrieter, $14(} 38 $ 5,320 . ~ Sewar Planw ~ G 'I Cerise ; $120, 90 slt#,800 : Seniur Ptanner t~s~tt Ft~ine$105 3+5 ~~lj8o - ~€►~t $1 95 . $4.440 expenscs: `t'ravet ~~ucticsnsa At cast ; de~fver, aw s~ilar 1 T~#al 7 r24;7'40 ~ Nore& *Staff to te usei as, needed in- wm of reseawkt assistance fo1Towing CITY approsai. *wStaff th W rsod. to bwk up csr sup~port senior ptanners, such as ac rsftcci,ngs if roecEed f,alics:ving Cf'C'Y appruval. Agreement €or Prcatess'ioral Services AG-C-347 Navember:18, 2008 ~#g4 12 of 14 CtJNSULTANT tLM1CES CONSULTANT invoices should contain the fQlfowing informatian: • Un Ct7(VSULTANT letterhead. . • An accompartying narrative progress report stating the status af each task. This shauld incfude majar actiuities perforrned and itsms comp#eted cluring the bi[ling period and totat percentage of projec# compietion aiong with funding siatt.s., Any impartant isssues, cancems, or prob0emslrsbbstacles encountereci shautd aiso be rwtsci. • interrral invc»ce nurnber and/or sequential numeric number (i.e,. progress payment # 10}. • tnvoice date. • Period of time invoice covers. • Consuftant Agreement # (i.e.: AG-C-347). • G[TY'S prcject martager fisEed. • Ttre houqs) per paecsott br€~<en davym by task (s) {attacFt Omesheets, spreadsheet detailing timeskteefis, or,;ome ather forrn af proaf) aFang with type of wcrr{c dcne (i.e.: design, right-of-way, or construction) or #ask Qrtlet` number. • Direct saiar/ (base satatdes) • Indirect salary (beneftfs) : • Dir+ect non-salary (i.e.: mileage, reproduetion fees {i.e.: printing, copying}, communicaton f8E#S {1.IQ.: tQlE~phon@),: suppl1eb`, GoE1lpl,1tE31' t'it}arg@'. i$1.1b"'ro1`I.S`ukaC1t5)r Fnd1fect nQC1`salat'~ (oV$t'h8ad). ThB t'iITY does T1C~~ pay fof" CON'.~UL~ANT m£3c'tlS UCtlE$.S5 p&1'$ Gtf e'l tSSk 6$qUiC@S trgavet outside of the greater Seattte, Tacoma, and F-verett area. These costs are to be brrcken cawn and bacaap inforrnation Is to be attached #o irnroice. Prcyect managers are to inform CflNSULTANTS as to what is required for bseak dowm irt#carmativrii and if backup infamafiyon is to be attached. Brealc out Me same for subconsuttant charges. • Prev'rous and romining base ccantract arrounts feft in each task arui tatai cantract - totai autt~~rized arnouunt (bottom tire figure). Add amendments #o this kase ccntract amount far total a,utharized amount. • Pmerftge of work compteted to date compared tca total amount o# work (if required by the prtjec# rnanaaget). • lmroices for preaiaus year are due by January 15'J'. ~ Agreemerrt far Professional Services AG-C-347 Idovembar 18, 2008 Page 13 0f 14 i , I I ~ ~ SANIPLUIVVOICE Gi#y Qf Aubarn trtuoice 1234 25 West Main Pragress Payrnent 2 Aubum 1NA 98001 Invoice Qate: February 10, 2002 Attn: Chris Andcrsen (Projec# Manager) Project IYame: Code Upda#e Praject Agency Agreemerrt AG-C-347 Engineering Senrices perforrrred during ther pericctd of: Jarmary 2002 JQNES & S7C}KE5 ASSsJClATES, tNC. Per~onnet Hours Hot~r! A~te Amount ~ Nlike .ianes, F'rirtci Pfanner 1 $ 125.00 $ 125.00 ~ Cada Ma~er, Amhi#eo 2 1 72.()0 144,00 ~ Joe Sm'rth Word Processi 10 $ 46.QO $ 480x0Q . 740A00 ~ ~ ~x ses s~ ~ich+ac~ "s#~icuw~itatia~ /t"ou0t " Miice Joies, Princi t Ptanner 7.53 j;:tria Maker Archit . $ 33.00 ~ Joe Smi#h W rttrci F~t~essi ~,~.~3 ' Porisutfti'1t QbWal ~ 72AO ~ Consutt~tit 'i"ota1: ' $ 821.49 . ._~w.. w_.~ > - - - ~ fiQTAL Wi THIilNYt~~~C~~ - - 821.49 E .hfvrar. . . ~ m+.+..+e+..srw ~ ..a4.+ .nj.we _ . . d ~ONTRACi ~~~AKDOWN . . i s TOW Tagk Acttount Prior nis Invaiced To : % ' % Atncnznt ` Authatir~ inwoa~ct Invoice I3ate 1~?~p~ GOmtract _ $ 22,000.00, $ t y02S.t~4 ~ $21 .49 $ i ,84!ti>49 1t#~e f s% Atnenclrnent I $ 2,500M 0.{}(3 $ • ~;4~ ~ t~,~tf 0%. . 0% 2,5W300 IQLAL $ 8% .10% :.$22 3.51 Agreernent for Pro€essicrrtal Services AG-C-347 ~ Novemker 16, 2008 Page 14 of 14 ;