HomeMy WebLinkAboutBOLA Architecture + Planning AG-C-3692009 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-369
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to
as "C1TY" and BOLA ARCHITECTURE + PLANNING, whose address is 159 Western
Avenue West, Suite 486, Seattle, WA 98119, hereinafter referred to as
"CONSULTANT."
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
1. SCOPE OF WORK
See Exhibit A, which is attached hereto and by this reference made a part of this
Agreement.
2. TERM
The CONSULTANT shall not begin any work under this Agreement until
authorized in writing by the CITY. All work under this Agreement shall be completed by
December 31, 2009, and can be amended by both parties for succeeding years.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a
delay attributable to the CITY, or because of unavoidable delays caused by an act of
God or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental Agreement issued by the CITY is required to
extend the established completion time.
3. COMPENSATION
The total compensation for this Agreement shall not exceed $13,994.00. Paid
per rates are attached in the fee schedule as shown on Exhibit B, which is attached
hereto and by this reference made a part of this Agreement.
Agreement for Professional Services AG-C-369
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In the event services are required beyond those specified in the Scope of Work,
and not included in the compensation listed in this Agreement, a contract modification
shall be negotiated and approved by the CITY prior to any effort being expended on
such services.
4. SUBCONTRACTING
The CITY permits subcontracts for those items of work necessary for the
completion of the project. The CONSULTANT shall not subcontract for the
performance of any work under this AGREEMENT without prior written permission of
the CITY. No permission for subcontracting shall create, between the C1TY and
subcontractor, any cantractor or any other relationship.
Compensation for any subconsultant work is included in Section 3 of this
Agreement and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
outlined in Section 3. All subcontracts exceeding $10,000 in cast shall contain all
applicable provisions of this AGREEMENT.
5. RESPONSIBILITY OF CONSULTANT
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of al[ studies, analysis, designs,
drawings, specifications, reports and other serrrices performed by the CONSULTANT
under this Agreement. The CONSULTANT shall, without additional compensation,
correct or revise any errors, omissions or other deficiencies in its plans, designs,
drawings, specifications, reports and other services required. The CONSULTANT shall
perform its services to conform to generally-accepted professional planning,
architectural or engineering standards and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services.
Except as otherwise provided herein, neither the CITY'S review, approval or
Agreement for Professional Services AG-C-369
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acceptance of, nor payment for, any of the services shall be construed to operate as a
waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement to the full extent of the law.
6. INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT shall defend, indemnify and hold the CITY, its officers,
officials, volunteers, and employees harmless from any and all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or resulting from the
acts, errors or omissions of the CONSULTANT in performance of this Agreement.
7. INDEPENDENT CONTRACTOR/ASSIGNMENT
The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided
herein. The parties agree that this Agreement may not be assigned in whole or in part
without the written consent of the CITY. .
8. INSURANCE
CONSULTANT shall procure and maintain for the duration of this 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
CONSULTANT, its agents, representatives, or employees.
CONSULTANT'S maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
Agreement for Professional Services AG-C-369
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a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles, with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute forrn providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
b. Commercial General Liability insurance shail be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, and personal injury and advertising injury, with limits
no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
The CITY shall be named as an insured under the CONSULTANT'S
Commercial General Liability insurance policy with respect to the work
performed for the CITY using the applicable 1S0 Additional Insured
endorsement or equivalent.
c. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the CONSULTANT'S
profession, with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Cornmercial General Liability insurance:
a. The CONSULTANT'S insurance coverage shall be primary insurance as
respects the CITY. Any insurance, self insurance, or insurance pool
coverage maintained by the CITY shall be excess of the CONSULTANT'S
insurance and shall not contribute with it.
Agreement for Professional Services AG-C-369
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b. The CONSULTANT'S insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days prior written
notice has been given to the CITY by certified mail, return receipt requested.
All insurance shall be obtained from an insurance company authorized to do
business in the State of Washington. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A-:VII.
The CONSULTANT shall furnish the City with certificates of insurance and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance coverage required by this
section, before commencement of the work. The CITY reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the CITY at
any time. The CITY will pay no progress payments under Section 3 until the
CONSULTANT has fully complied with this section.
9. NONDISCRIMINATION
The CONSULTANT may not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or ather
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.
10. OWNERSHIP OF RECORDS AND DOCUMENTS
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such
other information and materials as the CONSULTANT may have accumulated,
prepared or obtained as part of providing services under the terms of this Agreement by
the CONSULTANT, shall belong to and shall remain the property of the CITY OF
AUBU-RN. In addition, the CONSULTANT agrees to maintain all books and records
relating to its operation and concerning this Agreement for a period of six (6) years
Agreement for Professional Services AG-C-369
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following the date that this Agreement is expired or otherwise terminated. The
CONSULTANT further agrees that the CITY may inspect any and all documents held by
the CONSULTANT and relating to this Agreement upon good cause at any reasonable
time within the six (6) year period. The CONSULTANT also agrees to provide to the
CITY, at the CITY'S request, the originals of all drawings, documents, and items
specified in this Section and information compiled in providing services to the CITY
under the terms of this Agreement.
11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS
The prospective primary participant certifies to the best of its knowledge and
belief, #hat it and its principals:
(a) Are not presentfy debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission or fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transacfiion; violation of federal or state antitrust statues or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph "(b)" of this certification; and
(d) Have not within a three-year period preceding this application/proposal had
one or more public transactions (federal, state, or local) terminated for cause
or default.
Agreement for Professional Services AG-C-369
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Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
12. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of termination due to
the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the
CITY for services perFormed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
written notice, and (2) deliver to the CITY all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as the CONSULTANl"
may have accumulated, prepared or obtained in perForming this Agreement, whether
completed or in process.
13. GENERAL PROVISIONS
13.1. This Agreement shall be governed by the laws, regulations and ordinances
of the City of Auburn, the State of Washington, King County, and where applicable,
Federal laws.
13.2. All claims, disputes and other matters in question arising out of, or relating
to, this Agreement or the breach hereof, except with respect to claims which have been
waived, will be decided by a court of competent jurisdiction in King County, Washington.
Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall
proceed diligently with the performance of the services and obligations herein.
13.3. In the event that any dispute or conflict arises befinreen 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
Agreement for Professional Services AG-C-369
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cooperate and continue work toward successful completion of assigned duties and
responsibilities.
13.4. The CITY and the CONSULTANT respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this
Agreement with respect to all covenants to this Agreement.
13.5. This Agreement represertts the entire and integrated Agreemen# between
the CITY and the CONSULTANT and supersedes all prior negotiations, representations
or agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT.
13.6. Should it become necessary to enforce any term or obligation of this
Agreement, then afl costs of enforcement including reasonable attorneys fees and
expenses and court costs shall be paid to the substantially prevailing party.
13.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
13.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
13.9. This Agreement shall be administered by Rhoda A. R. Lawrence on behalf
of the CONSULTANT, and 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 addresses:
City of Auburn
Attn: Patricia Cosgrove
918 H Street SE
Auburn, WA 98002
Phone: 253-288-7437
Fax: 253-931-3098
E-mail: pcosgrave@auburnwa.gov
BOLA Architecture + Planning
Attn: Rhoda A. R. Lawrence, AIA
159 Western Avenue West, Suite 486
Seattle, WA 98119
Phone: 206-447-4749
Fax: 206-447-6462
E-mail: rlawrence@bolarch.com
Agreement for Professional Services AG-C-369
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13.10. All notices or communications permitted or required to be given under
this Agreement shall be in writing and shall be delivered in person or deposited in the
United States mail, postage prepaid. Any such delivery shall be deemed to have been
duly given if mailed by certified mail, return receipt requested, and addressed to the
address for the party set forth in 13.9 or if to such other person designated by a party to
receive such notice. It is provided, however, that mailing such notices or
communications by certified mail, return receipt requested is an option, not a
requirement, unless specifically demanded or otherwise agreed.
Any party may change his, her, or its address by giving notice in writing, stating
his, her, or its new address, to any other party, all pursuant to the procedure set forth in
this section of the Agreement.
13.11. 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.
Agreement for Professional Services AG-C-369
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CIT?(/OF'i41J `l BURN
~
Peter B) Lewis, Mayor
Date ~ ) ' ) cl(-7
ATTEST:
r• ~ ~
Da ielle E. askam, City Clerk
APPROVED AS TO FORM:
ri, 4 f i
Dani . Hei , Ci tfo ey
BOLA ARCHITECTURE + PLANNING
BY:
Title:
Federal Tax ID #
Agreement for Professional Services AG-C-369
Page 10 of 10
EXHIBIT A
SCOPE OF WORK
The following scope will be provided by BOLA Architecture + Planning for this project
related to the development of a parking lot and restroom facility at the historic Mary
Olson Farm located at 28728 Green River Road, Kent, WA 98032. The parking and
restroom facilities will be sited in the southern tip of the north meadow of the farm,
bordering the Green River. This parcel of land is within King County's jurisdiction,
therefore the permit processes followed during this project shall abide by the King
County ordinances and processes. Entry to said parking will be from the Green River
Road, directly adjacent to the Green River increasing the need for some permit
documents. The Mary Olson Farm is a King County Landmark, further necessitating
coordination and sensitivity of design.
Shoreline and Substantial Development Permit
1) One Site Visit
2) One Coordination Meeting with Architect and Landscape Architect
3) One Coordination Meeting with the County
4) Collection and Review of FEMA Flood Maps 5) Complete Shoreline Permit Application and Submit to the County
6) Drawings, including Cover Sheet, Site Plan, and Reduced Site Plan
7) Level One Drainage Analysis and Concept Drainage Plan
8) Submit Final Application to County
King County Building Permit
1) One Site Visit
2) One Coordination Meeting with Architect and Landscape Architect
3) One Coordination Meeting with the County
4) Schedule and Attend Voluntary Pre-App Meeting
5) Obtain Certificate of Transportation Concurrency
6) Schedule and Attend Mandatory Pre-App Meeting; Respond to Comments
7) Coordinate with King County Health Department
8) Additional TIR Preparation
9) Submit Final Application to County
• Monitor SEPA and Building Permit Applications on behalf of the City and Design
Team
• Coordination with Civil Engineering
• Assist with King County Permit Submittals and Reviews
• Coordinate Fence and Gate Design with Landscape Architect
• Coordinate Planting Design with Landscape Architect
Exhibit B
Agreement No. AG-C-369
Page 1 of 1
EXHIBIT B
FEE SCHEDULE
BOLA Scope
Engineering Coordinatiort 5 hours
King County Permit Submittals and Reviews 8 hours
Fence and Gate Coordination 8 hours
Landscape Coordination 4 hours
25 hours $ 2,231
Enaineerina Scope
Civil Engineer (SEPA) $2,208
Civil Engineer (KC Permits) $6,530
Landscape Architect (planting design) $1,260
Permit Tracking Assistance 1 650
Subtotal 11,648 $11,648
Reimbursables
Printing, deliveries, mileage (1 site visit) $ 115
The proposed not-to-exceed fee is $13,994
Exhibit B
Agreement No. AG-C-369
Page 1 of 1
CONSULTANT INVOICES
CONSULTANT invoices should contain the following information:
• On CONSULTANT letterhead.
• A cover letter stating the status of each task. This should include items completed, percent
completed during the billing period and completion along with funding status.
• Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10).
• Invoice date.
• Period of time invoice covers.
• Consultant Agreement # (i.e.: AG-C-115).
• Project number(s) listed (i.e.: PR562).
• CITY'S project manager listed.
• The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proofl along with type of work done (i.e.: design, right-of-
way, or construction) or task order number.
• Direct salary (base salaries).
• Indirect salary (benefits).
. Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication
fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary
(overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires
travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be
broken down and backup information is to be attached to invoice. Project managers are to
inform CONSULTANTS as to what is required for break down information and if backup
information is to be attached. Break out the same for subconsultant cliarges.
• Previous and remaining base contract amounts left in each task and total contract - total
authorized amount (bottom line figure). Add amendments to this base contract amount for
total authorized amount.
• Percentage of work completed to date compared to total amount of work (if required by the
project manager).
• Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an
amendment in place.
• Invoices for previous year are due by January 15tn
• For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-369
Page 1 of 2
SAMPLE ENVOICE
City of Auburn
25 West Main
Auburn WA 98001
Attn: Scott Nutter, Project Engineer
Agency Agreement AG-C-010
lnvoice 5222
Progress Payment 2
Invoice Date: February 10, 2008
Project Name: Thomas Nelson Farm
Project PR562
Engineering Services pertormed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel
Hours
Hourt Rate
Amoun#
Mike Jones, Princi al in Char e
1
$ 125.00
$ 125.00
Carla Maker, Architect
5
$ 72.00
$ 144.00
Joe Smith, Word Processin
10
$ 48.00
$ 480.00
Consultant Personnel Subtotal
$ 749.00
Ex enses see attached documentation
Char es
Multi lier
Amount
Mike Jones, Princi al in Char e
20 miles
x1.9
$ 7.59
Carla Maker, Architect
$ 30.00
x1.1
$ 33.00
Joe Smith, Word Processin
$ 29.00
x1.1
$ 31.90
Consultant Ex enses Subtotal
$ 72.49
Consultant Total:
SUB CONSULTANTS (see attached documentation)
Subconsultant
Hours
Hourl Rate
Amount
ABC Environmental, Inc., Civil En ineer
10
$
100.00
$
1,000.00
Electrical Consultin , Electrical En ineer
5
$
100.00
500.00
Mechanical Solutions, Mechanical En ineer
10
$
100.00
MRF
1,000.00
Movin Corri an , Movin Consultant
2
$
50.00
100.00
Subconsultant Subtotal
$
2,600.00
Subtotal x 1.1 Multi lier
$
2,860.00
Subconsultant Total:
TOTAL DUE THIS INVOICE
CONTRACT BREAKDOWN
$ 821.49
$ 2,860,00
$ 3,681.49
Task
Amount
Authorized
Prior Invoiced
This Invoice
Totallnvoiced
To Date
%
Ex ended
%
Com ieted
Amount
Remainin
Original
Contract
$22,000.00
$ 1,025.00
$ 2,681.49
$ 3,706.49
20%
25%
$ 18,293.51
MRF"`
2,500.00
0.00
1,000.00
1,0000.00
40%
45%
1,500.00
TOTAL
$ 24,500.00
$ 1,025.00
$ 3,681.49
$ 4,706.49
$ 19,793.51
Note: MRF=Management Reserve Fund
* Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant fnvoices
Agreement No. AG-C-369
Page2of2
; -
AMENDMENT #1 TO AGREEMENT NO. AG-C-369 BETWEEN
THE CITY OF AUBURN AND BOLA ARCHITECTUTE + PLANNING
RELATING TO PROJECT NO. CP0715, MARY OLSON FARM NORTH PARKING
LOT AND LANDSCAPE REQUIREMENTS
THIS AMENDMENT is made and entered into this ~~f day o , 201a ,
by and between the CITY OF AUBURN, a municipal corporation o the tate of ington
(hereinafter referred to as the "CITY"), and BOLA Architecture + ing (hereinafter referred
to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-
369 executed on the 11t' day of May 2009.
The changes to the agreement are described as follows:
CONTRACT TERM: The term of the Agreement for Professional Services is extended to
December 31, 2010.
2.
3. SCOPE OF WORK: There is no change in the scope of work.
4. COMPENSATION: 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-C-369 executed on the 11th day of May 2009 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.
BOLA ARC ITECTURE + PLANNING U~
~
A horized si nat Peter . ewis, Mayor
ATTEST (opiional): ATTEST:
By:
Its: Danielle E. Daskam, Auburn City Clerk
Approved as to form (Optional): Approved ~`~rm:
Attorney for (Other Party) `~-Daniel B. Heid, Auburn Ci't~r Attorney
Amendment No. 1 for AG-C-369
BOLA Architecture + Planning
Page 1 of 1
tA5.1G.5
AMENDMENT #2 TO AGREEMENT NO. AG-C-369 BETWEEN
THE CITY OF AUBURN AND BOLA ARCHITECTUTE + PLANNING
RELATING TO PROJECT NO. CP0715, MARY OLSON FARM NORTH PARKING
LOT AND LANDSCAPE REQUIREMENTS
THIS AMENDMENT is made and entered into this f day of 20
by and between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), and BOLA Architecture + Planning (hereinafter referred
to as the `CONSULTANT„), as an Amendment to the Agreement between the parties for AG-C-
369 executed on the 11th day of May 2009, and amended by agreement dated the1st of
January, 2010;
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to
December 31, 2011.
2.
3. SCOPE OF WORK: There is no change in the scope of work.
4. COMPENSATION: 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-C=369 executed on the 11th day of May 2009 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.
BOLA ARCHITECTURE + PLANNING TY OF BUR
By:
A horized signa re Peter B. Lewis, Mayor
ATTEST (Op nal): ATTEST:
By:
Its: Danielle E. Daskam, Auburn City Clerk
Approved as to form (Optional): Appr ed as form:
Attorney for (Other Party) Daniel B. He , ity ttorney
Amendment No. 2 for AG-C-369
BOLA Architecture + Planning
Page 1 of 1