Loading...
HomeMy WebLinkAbout12-17-2007 ITEM VIII-B-13C[TY OF AGENDA BILL APPROVAL FORM �,WASHWGTON Agenda Subject: Date: Resolution 4283 December 17, 2007 Department: Attachments: Budget Impact: Human Resources Contract Administrative Recommendation: City Council adopt Resolution No. 4283. Background Summary: Resolution No. 4283 authorizes the Mayor and City Clerk to execute an agreement with Barnett Schorr Architects for consulting services. S1217-3 A3.16.6, 05.1.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ® Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ® Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes [-]No Call for Public Hearing Referred to Until Tabled Until Councilmember: Backus Staff: Heineman Meeting Date: December 17, 2007 1 Item Number: VIII.B.13 AUBU * MORE THAN YOU IMAGINED RESOLUTION NO. 4 2 8 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BARNETT SCHORR ARCHITECTS FOR CONSULTING SERVICES WHEREAS, the City of Auburn is engaged or readying itself to be engaged in its project of Alterations and Renovations to the Auburn Avenue Theater, and is in need of engineering services; and WHEREAS, in order to provide for such services, the City has negotiated an agreement with Barnett Schorr Architects to provide consulting services for the City's needs and the City has determined that Barnett Schorr Architects is able and qualified to provide those services at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is authorized .to negotiate an agreement for consulting services with Barnett Schorr Architects in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That any action taken by the consultants in furtherance hereof is authorized and ratified so long as it is conformity with the attached agreement. Section 3. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4283 December 12, 2007 Page 1 of 2 Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk ....� • •n c ' Resolution No. 4283 December 12, 2007 Page 2 of 2 CITY OF AUBURN AGREEMENT No. AG -C-317 FOR CONSULTING SERVICES Alterations and Renovations Auburn Avenue Theatre THIS AGREEMENT made and entered into on this day of , 200_, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Barnett Schorr Architects, hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in its project of Alterations and Renovations to the Auburn Avenue Theatre, and is in need of services of individuals, employees or firms for engineering services on said project; and, WHEREAS, the City desires to retain the Consultant to provide certain services in connection with the City's work on said project; and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services.") The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of subsequent Task phases or additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In Page 1 of 8 all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant's performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the written request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant's Representations. The Consultant hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. C. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding. such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 7. Compensation. As compensation for the Consultant's performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of Page 2 of 8 work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. Initial Maximum Compensation for this Agreement is $42,600. The Consultant agrees to pay each subconsultant under this agreement for satisfactory performance of its contract no later than 45 days from the receipt of each payment the Consultant receives from the City. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. 8. Time for Performance and Term of Agreement. The Consultant shall perform the services provided for herein in accordance with the scheduling provided within the Scope of Work Exhibit "A," attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall commence on the date hereof, and shall terminate upon completion of the performance of the scope of work and the schedule provided in Exhibit "A" attached hereto or on December 31, 2008, whichever comes first, unless otherwise agreed to in writing by the parties. 9. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Access to Records and Reports. The Consultant shall maintain an acceptable cost accounting system. The Consultant agrees to provide the City, or any duly authorized representative access to any books, documents, papers, and records of the Consultant which are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all books, records and reports required under this agreement for a period of not less than three years after final payment is made and all pending matters are closed. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. Page 3 of 8 12. Administration of Agreement. This Agreement shall be administered by, 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 Consultant Auburn City Hall 5231 S. Hudson St. 25 West Main Seattle, WA 98119 Auburn, WA 98001-4998 (206) 441-1319 (253) 876-1956 FAX (253) 804-3116 FAX (206) 441-1319 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 14. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Commercial General Liability insurance, insuring the City and the Consultant against loss or damages arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City, with minimum liability limits of $1,000,000 combined single limit for personal injury, death or property damage in any one occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of $1,000,000. d. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 Page 4 of 8 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 15. Indemnification. The Consultant shall indemnify, defend and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability,. loss, costs, expenses, and damages of any nature whatsoever, including attorney fees, by any reason of or arising out of the act or omission of the Consultant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement except for injuries and damages caused by the sole negligence of the City. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's negligent acts or omissions. 16. Assignment. Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination, Breach, and Suspension. Any violation or breach of terms of this agreement on the part of the Consultant or Consultant's subconsultants may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the parties of this Agreement. The duties and obligations imposed by this Agreement, and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. The City may, upon not less than seven (7) days written notice, terminate this agreement in whole or in part at any time, either for the City's convenience or because of the Consultant's failure to fulfill the agreement's obligations. Upon receipt of such Page 5 of 8 notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this agreement, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the agreement price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. The Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. c. If the termination is due to failure to fulfill the Consultant's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Consultant shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill Consultant's obligations under this agreement, it is determined that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the agreement price shall be made as provided in subsection 18(b). e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this agreement. f. The Consultant may terminate this Agreement upon thirty (30) days written notice to the City if the City fails to substantially perform in accordance with the terms of this Agreement through no fault of the Consultant. 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub -contractors and their sureties. 20. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's .fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, Page 6 of 8 however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Nondiscrimination. The Consultant or subconsultants shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Failure by the Consultant to carry out this requirement is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, as the City deems appropriate. 23. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 24. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 25. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 26. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Page 7 of 8 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 Peter B. Lewis, Mayor Attest: Danielle E. Daskam City Clerk ss. COUNTY OF ) CONSULTANT Name: Title: ON THIS day of , 200 , before me, personally appeared and ,to me known to be the and of the Consultant, the corporation/company that executed th e within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN under my hand and official seal this day of NOTARY PUBLIC in Washington, residing at My Commission Expires: Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Compensation Page 8 of 8 200_ and for the State of Exhibit A — Consulting Services Agreement No. AG -C-317 SCOPE OF WORK Task 1 — Contract Scope Goal. Define and agree to a Scope of Work. Approach: Draft Scope for review by the Parks. Final Scope of Work will incorporate Parks' comments and direction, and inform the Professional Services Contract. Assumptions: Parks will review and provide input to complete the Final Scope of Work. Deliverables: Draft and Final Scope of Work, and executed Professional Services Contract and insurance requirements. Task 2 — Programming and Coordination with City of Auburn Goal: Review programming, space, and relational quality outcomes for optimal community use. Approach: Conduct on-site walk- through(s) / meeting(s) with City Staff to evaluate the site(s), and opportunities for the design(s). Research and gather existing condition information, and regulatory requirements and constraints that will inform the resulting design. Assumptions: Prepare site walk-through, meeting agenda and necessary data for review. Conduct and summarize working sessions. Deliverables: Recommendations for final program, Reports of condition assessment, and project constraints, agendas for and minutes of Project meetings and activities. Task 3 — Schematic Design/Design Development Goal. Devising of a schematic design, reflecting desired programming as well as budget constraints. Development of the preferred option to a complete Design, ready for conversion into Construction and Bid Documents. Approach: Create schematic options for the Auburn Theater Project, resulting in an integrated site layout, and addressing prioritized amenities, cost constraints and coordination of existing conditions, that fulfill the programming and quality requirements. Provide to the City staff and officials estimates of cost and schedule required. Assist the City in selection of the Exhibit A — Scope of Work — Agreement No. AC -C-317 Page 1 preferred Schematic Design. Detail and develop the plans and specifications to complete the design of the selected option. Prepare applications and documents for submittal to all appropriate regulatory entities. Meets and consults with City staff and designated stakeholders to evaluate the emerging design. Assumptions: Prepare and conduct project meetings. Prepare reports and drawings for review. Attend public meetings. Schedule and attend pre - application meetings with applicable permit and regulatory officials to determine requirements and constraints. Deliverables: Presentation (written and in meetings) of Schematic Alternatives. Recommendations for final design Drawings and outline specifications for the developed design. Permit submittal documents. Task 4 — Construction and Bid Documentation Goal: Create a complete bid document and construction package, including Construction Drawings and Technical Specifications for the Auburn Theater Improvement. Coordinate with City staff to integrate City of Auburn "Front— End" Specifications. Provide an Architectural & Engineering's (A&E) formal estimate of probable construction cost. Approach: Monthly Team Project working meetings, including City officials, to resolve issues and monitor project progress. Assumptions: City to review plans and specifications at 50% and 90%. City to provide/coordinate City of Auburn "Front -End" Specifications. Deliverables: Working meeting agenda(s) / minutes, permit and bid -ready plans and specifications provided to the City of Auburn in hard copy and digital format. Task 5 — Permit Process Goal: Obtain all required permits and approvals for construction. Approach: Submit the design and construction documents for permit review to the appropriate agencies at appropriate points in the project schedule. Work with the reviewing agencies and City staff to coordinate any permit comments and required corrections/modifications. Assumptions: City staff to assist in permit approval. Permit fees to be paid by City. Permit applications to assorted agencies to be prepared and submitted at times to assure no delay between completion of construction documents, bidding, and start of construction. Exhibit A — Scope of Work — Agreement No. AC -C-317 Page 2 Deliverables: All permit applications and documents, and revisions as required. Task 6 — Bid Process Goal: Assist in coordinating the bid process for the Auburn Theater Renovation. Assumptions: City of Auburn will take the lead for the bid, including reproduction of construction documentation. Approach: Prepare and conduct site walk-through, including agenda and necessary data, drawings for review. Provide bid clarification/addenda. Review submitted bids and bidders to provide evaluative recommendation regarding Bid Award to City staff. Deliverables: Site walk-through agenda / minutes, and all bid documents and revisions/addenda as required. Bid Evaluation. Task 7 — Construction Administration Goal: Coordinate, document, and assist the City's Project Manager for the administration of the construction of the Auburn Theater Improvement. Approach: Problems are to be identified quickly and corrective action pursued with minimal delay, if any, to the overall project. Part of the information to be developed is weekly progress reports, and other correspondence, as appropriate. Weekly report, addressing progress of the work, shall include (as appropriate): A summary of work to date A summary of actual versus scheduled progress A list and brief summary of any Change Order Proposals A narrative to illustrate emerging issues, delay, if any, problems, needs for responsive action by the Consultant or City staff, and other project needs Digital photo documentation of construction Coordinate project documentation, including the following: Conduct Project progress and Coordination meetings Prepare all necessary project correspondence, letters, memos, meeting minutes, etc., for support to the project work. Maintain a central file for all written materials. Review and process all material submittals, shop drawings, and project documentation from the Contractor. Exhibit A — Scope of Work — Agreement No. AC -C-317 Page 3 Respond to all RFI's, prepare any necessary direction for revision of construction documents, review and provide recommendation to the Owner for any proposed contract changes in cost or time. Observe and inspect the construction product for conformance to design and specified standards of quality. Review and approve for payment by the Owner, Contractor's request for payment Deliverables: Construction Documents, Weekly Progress Reports, As -Built drawings, and project correspondence (as required). Exhibit A — Scope of Work — Agreement No. AC -C-317 Page 4 Exhibit B — Consulting Services Agreement No. AG -C-317 COMPENSATION SCHEDULE Services For Tasks 1- Contract Scope, and Task 2 — Programming and Coordination Services for Task 1 and Task 2 will be compensated with payment for hours of services performed, when properly invoiced, and in accordance with the hourly rates specified below, up to a maximum amount of $40,600.00. Invoices may be submitted monthly, and shall include details of specific services performed, individuals and hours performing those services, and hourly rates being charged. Each invoice shall describe that status of the task activity and expected remaining effort required. Each invoice shall also indicated original agreed cost of services per task, amount previously invoiced for, amount of the current invoice, and amount remaining within the maximum agreed compensation. Reproduction of documents and preparation of presentation materials shall be compensated as reimbursable expenses at actual cost plus 10% for administrative overhead. Requests for reimbursement shall be included with monthly invoices to the City, and shall include copies of all actual invoices to be reimbursed. Reimbursement of such Reimbursable Expenses is limited to a maximum amount of $ 2,000.00 during Task 1 and Task 2. Total authorized compensation under Task 1 and Task 2 is $42,600.00. Agreed Hourly Rates for Services in this Phase are as Follows: Architectural — • Principal $150/hr • Project Manager $ 95/hr • Architect $ 85/hr • Admin. $ 65/hr Structural • Principal $135/hr • Staff Engineer $ 90/hr • CAD $ 60/hr Mechanical • Principal $110/hr • Staff Engineer $ 85/hr Electrical • Principal $100/hr • Electrical Designer $ 80/hr • CAD Drafters $ 65/hr Theatre Consultant • Stage and Lighting Designer $110/h Acoustical • Principal $175/hr • Acoustician/Task Manager $100/hr • Sound System Designer $120/hr Exhibit B — Compensation — Agreement No. AC -C-317 Page 1 Services for Tasks 3-7 Design, Bidding and Construction Compensation for Tasks 3, 4; 5, 6, and 7 is not initially authorized, and will be established at completion of Tasks 2, and will then be authorized by amendment to this Agreement. Compensation for those tasks will be by lump sum fee for each task, payable monthly for the percentage of work of the task completed. Monthly invoices shall indicate the progress of services for each Task, percentage of Task completed, payment requested, previous payments requested, and remaining amount to be earned. Request for reimbursement of Reimbursable Expenses shall be supported by original invoices for each cost, and shall then be reimbursed at cost plus 10% for administrative expense. Exhibit B — Compensation — Agreement No. AC -C-317 Page 2