HomeMy WebLinkAboutITEM V-C-4
AGENDA BILL APPROVAL FORM
CIT'Y OF ~WASHINGTON
Agenda Subject: Agreement for Consulting Services Date: January 20, 2009
Department: Human Resources Attachments: Budget Impact:
Consultin Services A reement
Administrative Recommendation:
City Council approve agreement for consulting services with Dorbritz Architects.
Background Summary:
City Council approve an agreement between City of Auburn and Dorbritz Architects for consulting
services for annex tenant improvements at the City Hall Annex Project.
S0120-1
A3.16.14, 04.4.11
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport 0 Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ED 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
Meetin Date: Janua 20, 2009 Item Number: V.C.4
AITBj.TRN *MORE THAN YOU IMAGiNED
CITY OF AUBURN AGREEMENT FOR
CONSULTING SERVICES
Annex Tenant Improvements
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 Dorbritz Architects, hereinafter referred to as the
"Consultant."
WITNESSETH:
WHEREAS, the City is engaged in or readying itself to be engaged in its project of tenant
improvements at the City Hall Annex Project, and is in need of services of individuals,
employees or firms for architectural services for work 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
in Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks
described in 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
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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
all other respects, any addendum shall supplement and be construed in accordance with
the terms and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Addendum
The parties hereby agree that situations may arise in which services other than those
described in 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/she has all necessary licenses and
certifications to perform the services provided for herein, and is qualified to perform such
services.
5. Citv'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 far 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. Responsibilitv of Consultant
The Consultant shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of all studies, analysis, designs, drawings,
specifications, reports and other services performed by the Consultant under this
Agreement. The Consultant shall, without additional compensation, correct or revise any
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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 architectural 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 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.
7. • 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 generally accepted in the industry by professionals similarly situated in the same
locality.
8. Compensation
The Consultant shall be paid by the City for cdmpleted work and for services rendered
under this Agreement. Payment for the work provided by the Consultant shall be made
as provided in Exhibit B attached hereto, provided that the total amount of payment to the
Consultant shall not exceed ninety-one thousand nine-hundred and forty dollars
($91,940.00) without express written modification of the Agreement signed by the City.
The Consultant may submit invoices to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
invoices will be approved by the City and payment made to the Consultant in the amount
approved.
Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
Payment provided in this section shall be full compensation for work performed, services
rendered, and for all materials, supplies, equipment and incidentals necessary to complete
the work.
The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
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9. 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
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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, 2010, whichever comes first, unless
otherwise agreed to in writing by the parties.
10. 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/her 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.
11. 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 (3) years after final payment is
made and all pending matters are closed.
12. 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.
13. Administration of Agreement
This Agreement shall be administered by Jan Dorbritz 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:
Peter B. Lewis, Mayor Consultant
City of Auburn Jan Dorbritz, AIA
25 West Main Street 800 Fernwood Pacific
Auburn, WA 98001-4998 Topanga, CA 90290
(253) 931-3000 FAX (253) 931-3053 (310) 455-1264 FAX (310) 455-1837
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14. 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
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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 ar 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.
15. 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 damage 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 $1,000,000.00
combined single limit for personal injury, death or property damage in any one
occurrence.
b. Such workmen's compensation and other similar insurance as may be required by
law.
c. Professional errors and omissions liability insurance with minimum liability limits of
$1,000,000.00.
d. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
No Limitation. 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.
16. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain the following provisions
for Automobile Liability, Professional Liability and Commercial General Liability
insurance:
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a. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be in excess of the Consultant's insurance and shall not contribute with it.
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 by certified
mail, return receipt requested, has been given to the City.
17. 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 negligent 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, errors or omissions.
18. 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.
19. 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.
20. Termination, Breach, and Suspension
Any violation or breach of terms of this Agreement on the part of the Consultant or
Consultant's sub-Consultants 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
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and remedies available there under shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
a. 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 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 costs
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 sub-section 20(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.
21. 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.
22. 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.
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23. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in the county in Washington State in which the property or project
is located, and if not site specific, then in King County, Washington; provided, however,
that it is agreed and understood that any applicable statute of limitation shall commence
no later than the substantial completion by the Consultant of the services.
24. Nondiscrimination
The Consultant or sub-Consultants shall not discriminate on the basis of any defined
protected class as defined by either State or Federal law including race, color, national
origin, gender, or sexual orientation 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.
25. 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.
26. 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.
27. 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.
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28. 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN CONSULTANT
Peter B. Lewis, Mayor Name: Jan Dorbritz, AIA
Title: Principal
Apprgwd as toKo?n:
/
i' City A~torn~`
Attest:
Danielle E. Daskam, City Clerk
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ON THIS day of , 200 , before me, personally
appeared and , to
me known to be the and
of the Consultant, the corparation/company that executed the 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 52009.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
Attachments: Exhibit A- Scope of Work
Exhibit B- Schedule of Compensation
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CITY OF AUBURN AGREEMENT FOR PROFESSIONAL SERVICES
City Hall Remodel
EXHIBIT A
SERVICES:
The Consultant will provide architectural and engineering services for the project, which is for
tenant improvements within the City of Auburn designated spaces (Suites 200, 300, 304 and 305) ,
in the City Hall Annex Project. The Consultant is responsible for project administration and
management and will include a variety of services including the review of existing documents,
programming and space planning, design, coordination of sub-consultant engineering
(mechanical, plumbing and electrical), preparation of contract documents, permitting, bidding
and construction administration.
With various departments anticipating relocation into the City Hall Annex, space occupied by the
City shall be designed for optimal use. Planning will take a variety of ineetings between the
Consultant and City staff before an acceptable consensus can be attained. The Consultant shall
draft plans and upon consensus, proceed in generating construction documents as required for
permitting and bidding. The documents shall include floor plans, reflected ceiling plans, interior
elevations, power and lighting plans (architectural only), cabinetry in concept and detail,
specifications, mater'ials and color selections. The Consultant will assist the City in procuring all
required permits for construction. The Consultant will assist the City in the bidding phase of the
project, including preparation of bid documents, preparation of addenda, review and analysis of
bidders' inquiries and bids. The Consultant will provide construction administration services.
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CITY OF AUBURN AGREEMENT FOR
PROFESSIONAL SERVICES
City Hall Remodel
EXHIBIT B
FEES:
A total not to exceed fee of ninety-one thousand nine-hundred and forty dollars ($91,940.00) will
be charged for designated services on a time and materials basis. The professional services fee is
based on the following professional hourly rates:
Senior Designer/Job Total Total
Phase Principal Designer Captain Draftsperson hrs. fee
Meetings
16 w/ Dept.Heads/Staff
hrs. 20 20 40
value $2,500 $1,900 $4,400
10 w/ Consultants
hrs. 8 7 7 22
value $1,000 $665 $455 $2,120
6 w/ Vendors
hrs. 4 4 8
value $380 $260 $640
Review and Adjustment of Previous Programming
4 weeks
hrs. 8 8 8 18 42
value $1,000 $760 $520 $810 $3,090
Space Planning Concepts
8 weeks
hrs. 16 24 24 32 96
value $2,000 $2,280 $1,560 $1,440 $7,280
Interior Concepts & Design
4 weeks
hrs. 10 24 20 40 94
value $2,500 $2,280 $1,300 $1,800 $7,880
Design Development
3 weeks
h rs. 8 12 6 24 50
value $1,000 $1,140 $390 $1,080 $3,610
Construction Documents
4 weeks
h rs. 6 16 40 100 162
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value $750 $1,520 $2,600 $4,500 $9,370
Construction
Administration
3 months
hrs. 12 8 16 10 46
value $1,500 $760 $1,040 $450 $3,750
Total Fee for Architectural Services not to exceed: 560 $42,140
Mechanical Engineering Lump Sum Fee $16,800
Electrical Engineering Lump Sum Fee $26,000
Allowance for Consulting Engineering ServiceslLow Voltage Systems $7,000
Total Fee Budget not to
exceed $91,940
Extra services agreed to by the City beyond the project scope shall be billed on a time and
materials basis at the hourly rates indicated above.
Consultant shall not invoice for travel.
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