HomeMy WebLinkAboutITEM VIII-B-2
* *
CITY OF 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 1/13/2009
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:
Cit Council ado t Resolution No. 4439.
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
$126,991, and provides a detailed scope, budget, and schedule to address required planning support for
the remainder of the Project. The total contract amount is less than the original contract amount that the
City Council approved for the agreement with BHC Consultants, LLC.
L0120-1 A3.16.7
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services 0 Planning & CD ❑ Fire ~ Planning
❑ Park Board ZPublic Works 0 Legal ❑ Police
❑ Planning Comm. p Other ❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman Staff: Baker
Meetin Date: Janua 20, 2009 Item Number: VI11.6.2
AU$URN* MQRE THAN YQU IMAGINED
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 consultant's 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 2
NOW, THEREFORE, THE CITY COUNCIL 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
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2009.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP,,ROVER AS TO FORIV~.'a
niel B. H4i , -City Attorney -
Resolution No. 4439
January 12, 2009
Page 2 of 2
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 ,
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 24tn
day of November 2008, and amended by agreement dated the 29th day of December
2008.
The changes to the agreement are described as follows:
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 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 to the original agreement and Exhibit B, which is 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
day and year first above written.
ICF JONES & STOKES ASSOCIATES, INC. CITY OF AUBURN
By:
Authorized signature Peter B. Lewis, Mayor
Amendment No. 2 for Agreement No. AG-C-347
ICF Jones & Stokes Associates, Inc.
Page 1 of 2
ATTEST (Optional): ATTEST:
By:
Its: Danielle E. Daskam, Auburn City Clerk
~ f;
Approved as to form (Optional): A roved a~
, 4'
Attorney for (Other Party) Daniel B. HeicT, Au ` rn City Attarney
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
j 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 aze 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.
I
j 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 udlized 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 exc,ceded.
■ 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 disntpfion to schedule as possible, including but not limited to transferring
' some remaining responsibilities from consultant staff to city 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 dea.dlines, so long as the budget is not exceeded. City staff '
will be consulted prior additional consultant staffbeing added to the project.
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AG-C-347, Exhibit Al
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
I
American Planning Association and similar professional sources, other Internet researc
h, 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 addirional hours beyond those assumed in the cost estirnate 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 Drafti ng/Pre pa ration
~
Consultant shall prepare drafts of code sections, and/or reformatting and revising exisring code
, sections in a new proposed format for the Auburn Zoning Code. This task assumes adherence to
' a single fortnat 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 staffreview, 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 rime is available from other tasks, resources may be shifted as described in
~ general assumprions of this scope.
~
' Drafts of code will be prepared in a mutually agreed upon and consistent format for review
purposes.
1
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i ■ Code drafting in Task 2 will be based upon the findings from memos and issue papers in
i Task 1.
j ■ 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.
~ Deliverables:
~ ■ 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
i to other sections of City Code based upon recommended changes.
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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.
,
i
The consultant will assist City with preparing a nonproject SEPA checklist and a lead agency
threshold determination form 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 fornis (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:
i ■ Up to 2 Nonproject SEPA checklist and SEPA determinations
i
~ ■ Up to 2 60-day review packets
' ■ Up to 2 responses to 60-day review comments
~
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Task 4. Public Involvement Assistance
~ Consultant shall support City with public involvement assistance. This task includes consultant
j staff preparation for and attendance at one Code Working Group meeting per month from
i 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.
i ■ Prepararion for and attendance at up to 3 public open house or other public outreach meetings
by up to two consultant staff members.
' ■ Preparation of up to 9 display boazds 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, meering 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.
i
~ Assumptions:
I ■ 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 proj ect
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 assuxned that city staffwill take the lead in adoption process for the City Development
Code project, and that consultant staff will 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 staffmember's attendance at up to four City Council committee
' workshop-oriented special meetings during the life of the project.
' ■ Up to one consultant staffmember's attendance at up to four Planning Commission meetings
' during the life of the project.
' ■ Up to one consultant staff inember's attendance at up to two Planning Commission public
hearings during the life of the project.
■ Up to one consultant staff member'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
i City's engineering consultant staffto coordinate efforts on these update projects.
i
~ Assumptions: i
? ■ Up to three meetings by up to two consultant staff over phase 1 and 2 of the project to
i 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.
i
1 ■ 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 staffover the course of a 40-
week period.
' ■ Prepara.tion 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.
~ Deliverabies
~ ■ Monthly progress reports and invoices.
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■ For budget purposes, assume a monthly update to schedule.
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AG-C-347, Exlubit A1 ~
Page 7 of 7
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:
AMENDMENT #1 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 'ZA~k day of •~-~t'~y~-~~ ,
.200~ , by and between the CITY OF AUBURN, a municipal corporation of the State of
~ Washington (hereinafter refeRed to as the "CITY"), and ICF JONES & STOKES
ASSOCIATES, INC. (hereinafter referred to as the "CONSULTANT°), as an
Amendment to the Agreement between the parties for AG-C-347 executed on the 24tn
day of November 2008.
i
~ .
The changes to the agreement are described as foilows:
~
;
; 1. CONTRACT TERM: The term of the Agreement for Professional Senrices is
j extended to February 15, 2009.
! 2. SCOPE OF WORK: There is no change in the scope of work.
3. COMPENSATION: There is no change to the amount authorized in the originai
~ agreement.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement
~ befinreen 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.
~
i ICF JONES & STOKES ASSOCIATES, INC. CITY~07U N
~ By.
~ Authorized signature Pe er B. Lewis, Mayor
,
~ ATTEST (Optional): . ATTEST:.
By:
Its: Danielle E. Daskam, Aubum City Clerk
I ,
~ Approved as to form (Optional): Approved as to form:
l~
Attomey for (Other Party) aniel B. Heid, Aubum City Attomey
1'~' S ~es16~ ~ ► `,'7,r,,s~ .f 7 ~
~
Amendment No. 1 for Agreement No. AG-C-347
ICF Jones & Stokes Associates, Inc.
Page 1 of 1
i
° A
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-347
; THIS AGREEMENT made and entered into by and between the CITY OF
i
~
,
~ AUBURN, a Municipat Corporatian in King County, Washington, hereinafter referred to
I as "CITY° and Jones & Stokes Associates, inc. whose address is 710 2"d Avenue,
~
Suite 550, Seattle, Washington, 98104, hereinafter referred to as "CONSULTANT."
In consideration of the covenants and canditions of this Agreement, the parties
hereby agree as foqaws:
I 1. SCOPE OF WORK.
i € Ses Exhibit A, which is attached hereta and by this reference made a part of this
Agreement.
2. TERM.
The CONSULTANT shaA not begin any work under thisAgreerrient until
i
' authorized in writing by the CITY. All waNc under this Agreement shall be completed by
3
i December 31, 2008.
.
` 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 errent of a
delay attributable to the CITY, or because of unavadable detays beyond the control of
; F
~
~ the CONSULTANT_ A prior supplemen#at Agreement issued by the CITY is required to
extend the established completion time.
, 3: COMPENSATION.
Compensation wilf be on a time and material basis, not to exceetl $24,740. Costs will
be based on Exhibit A, which is attached hereto and by this reference made a part of
this Agreement. Consultant invoices shall proVide such information and be of a form
i substantially similar as that shown in Exhibit B. In the event services are required
Agreemerrt for Professiona! Services AG-C-347
M1lovember 18, 2008 Page 1 af 14
. . .
beyond #hose specified in the Scope of Work, and not inciuded in the compensation
listed in this Agreement, a contract rnodification shall be negotiated and approved by
~
the CITY prior to any effort being expended Qn such services.
i 4. SUBCANTRACTtNG
i
! y The CITY permits subcontracts fvr those items of wortc necessary for the
;
i ~ com;pletion of the`project. The CONSULTANT shall not subcontract far the performance
of any work under this AGREEMENT without prior written pemnission of the ;CITY, No
j ~ permission for subcontracting shall create, between the ClTY and subcantractor, any
~ contractor or any other celationship. .
Compensation for any subcvnsultant.work is included in Section 3 of this
~ AGREE '
M NT and _
E all reimbursable d'rect labor, ovefiead, direct nan salary costs. and
'
~
~ fixed fee carsts for the subcansultant shall be substantiated in the same manner as
outlined in Section 3. Alt subcontracts pxceeding,$10,OOp.in cost shall contain all
~
applic.able prouisions of this AGREEMENT.
5. RESPONSIBILITY DF:CQNSULTANT.
Tfye CONSULTANT..shalt be responsible for the professionat quality, technical
~ accuracy, timety, completion and the coordinatian of a[l studies, ana(ysis, designs, :
~ drawings, specifications, ;reports anc# vther senr'rces perfairrmed by the CONSULTANT
under ttais, Agreement. The CON$ULT,~NT shail, withou# additiona( compensatian, ;
~ correct or revise any errors, omissions or Qther deficiencies in its plans, designs,
drawinga, specifications,; reports and o#her seroiees required. Th.e CONSULTANT shall
perfarm its serviees #p eo, to generally,accepted professional plannir~g sfandards
and the requ'rrements. of the CITY.
~ Any approval by the CITY under this Agreerment shall not in any way re(ieve the
~ CC3NSULTAN
T of respansibility.for the technicat accuracy and adequacy of its services,
4
t _
; Agreement fpr Prafessional Service.s AG-C-347
; November 18, 2006 Page 2:of 14
`
Except as otherwise pravided herein, neither the CITY'S review, approval or acceptance
of, nae payment far, any of the services shall be construed to operate as a waiver of any
i rights under this AGREEMENT ar af any cause of action arising out of the performance
I
' of this AGREEMENT to the fuil extent of the law.
' 6.: INDEMNIFlCAT{ONll-lQLD HARMLESS.
The CONSULTANT shal( de#end, indemn'ify and hotd the CITY, its officers,
~
,
~ officials, and employees harmiess from and shail process and defend at its own
;
~ k expense any and a(I claims, irtjaries, damages, lasses, or suits, ineluding attomey fees
or equity ar'rsing in whole: or in part from #he acEs, errors or ornissions of the
j CONSULTANT in per#ormance ofithis Agreernent, or-the CaNSULTANT'S negligence
;
i
~ or breach af any af its obligations under this Agfeemenf; provided that nothing herein
C ~
sha1F require the C4N5UCTANT to indemnify the CITY against and hold harmtess the
GITY from. claims, demands or suits based salety upc3n the sole negligence of the CfTY,
{
its officers, officials, valunteers, and empioyees, and :provided further that 'rf the ctaims
~ or suits are caused by or result fram the concurrent negligence of (a) the
.
"i
~ CONSULTANT'S agents:or emp(oyses.and (b)-#he CI.TY, its affic:ers; officf.als,
}
i ~ volunteers, o"r emp[oyess, this -indemnity prbvisian wifh respect to (1) eiaims or suits
based upon such negligence, (2) the cosfs to the Ct'TY of defertding such ciaims and
Y.
~ suits, etc., shall be valid and enforceab.le onty ta the exterrt of the C{?NSULTANT'S
~ negligence or the negligence of the CQNSULTANT'S agents or employees. The
provisions of this sectian, shaii survixre the expiration Qr termination of this Agreement.
z
Agreement for Professionaf Services AG-G347
November 1,5, 2008 Page 3 of 14
7. 1lVDEPENDENT CDN7RACTOR/ASSIGNMENT
The parties agree and understand'that the CONSULTANT is'an indepentlent
: contractor and not the agent or emPioyee of the CITY and that na liability shall attaeh'to
i -
' the ClTY by reasan of entering into this Agreement except as othervvise pravided
I
herein. The parties agree that this Agreement may not be assigned in whale or in part
3 . . . . .
without the written consent of the CITY.
,
S.: INSURANCE.
~
CONSULTANT shatl procure and maintain for the duration a€ this Agreement,
~
~ irrsurance'against claims far injuries to persons or damage to property which: may arise
~ fram or in connectian with the performance of the wark hereunder by the
1 ~
i CONSi1LTANT, ~its agents; represerrta#iues, .orernptoyees.
COAI.SULTANT'S maintenance af, insurance as required by #he Agreement zhalt
~
not be construed'ta lirnitthe liabifity af the CONSULTANT ta the cove:rage provided by
such insurance, or,otheryvise limit the City's reoourse to any remedy avaiiable at law or
f .f
~ in ~ulty
~ CONSULTANT shalf obEain insurance af the types and in the arrrounts described
~ below:
~ a: Autormobile Liabilftyinsur,arice c4uering a0 owned; non=owned; hireci and:
~
~ I.eased vet~~c(es, with a minimumcombinsd single limit for bodily injury and
~ proper~y dam~~e.,of.$~,QQO;OQO< p;er.accident. Covswage.shall be.wratten on .
~ Insur'qnce setvices Office (iS0) form CA 00 01 or,a substitu#e #orm pr.orriding
~ equivalent liabiiitjr coverage. If necessary, the policy shall be endorsed #o
,
~ provicle cor~tractual liability coverage, ,
~ b Comr»ercia! Generat Uabilify insurance shail be written on ISO o'ccurrence
i
i -
farm CG Oa 01 and shall couer liabitity arising from premises, OpBt'atEOt1S.
~
- - - - _
. ,
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` Agraement tor Professional Services AG-C-347 ,
Novsmber 18, 2008 Rage 4 of 14
~s
independent contractars, and personal injury and advertising injury, with limits
' no less than $1,000,000 each occurrence, $2,000,000 generai aggregate.
~ The CITY, shail be named as an insured under the CONSULTANT'S
' Commercial General Liability insurance policy with respect to the woric
I `
! perFormed for the GITY using the applicable ISO Additional Insured
~
; endorsement or equivalent.
; c. Worker's Compensatian coverage as required by the industrial Insurance
f laws of the State of Washington.
~
! d. Professionai Liabifity insurance appropriate to the CONSULTANT'S
profession, with limits no fess tMan $1,000,000 per claim and $1,000,000
policy aggregate limit.
1 The insurance poticies are to contain, or be endorsed ta contain, #he following
~ provisions for Automobife Liability, Professio.naf Uabiiity, and Commercial General
~
` Liability insurance:
~ a. The CONSULTANTS insurance.coverage shall be primary insurance as
{ respects the CITY. Any insurance, self insurance or insurance pool coverage
' maintained by the: ClTY, its officials, einplayees or agents shaN be excess of the
~
CQNSULTAMT'S insurance and shall nat contribute with it. -
~
; b. The COPISUL7ANTS insur,ance shall-be endarsed#o s#ate that caverage shall
not b.e cancelled by either parfy except aif#er thirty (30).days pnor written notice has
y
, been given to the ClTY by certified: mail, retum weipt requested.
~ E
Ail insurance shall be obtained from:an insuranee cotnpany autharized to do
~
business in#he State of Washington. tnsurance is ta be placed with insurers with a-
' current A.M. Best rating of not less tttan A: Vll:
Agreemerrt for Prafessionat Services AG-G347
November 1$, 2008 Page 5 of 14
-
The CONSULTANT shall fumish the City with original certificates af insurance
5 and a copy of the amendatory endorsements, including but not necessarily limited to the
~
additional insureci endorsement, evidencing the insurance caverage required by this
section, before commencement af the work. The CITY reserves the right to require that
i; camplete, certified copies of all required insurance palicies be submitted to the CITY at
I ` any tirne. The CITY will pay no progress payments under Section 3 until the
I ~ CONSULTANT has fully compfied with this section.
I ~ 9. NONDISCRIMINATIQN.
~ The CONSULTANT rnay not diseriminate regarding any services or activities to
, rg wFrich this Agreement may appiy-directly or through contracfual, hiring, ar other
t
arrangements on the grounds of race, color, creed, religion, natianal origin, sex, age, or
~ s
~ whera there is the presence of any sensory, mental or physicat handicap.
i ~ 10. GIWNER3HIP OF RECORDS AND DOGUMENfiS,
The CONSULTANT agrees that any and all drawings, compu#er discs,
u documents, records, books, specif~cations, r
epocts, estimates; summaries and such
~ other infarmatian and rnateriafs as the CONSULTANT may have aecumuiated, prepared
~
~
~ or obtained as part of provicling services under the #erms of this Agreement by the
C4NSULTANT, shall belong to and shall remain the propetEy af fhe GtTY C)F'AUBURN.
i
~ In additian, #he CQNSULTANT agrees to maih#ain atl books and records relating to its
~
~
~ operatian and `conaerning,this Agreement for a period of'six (6) ye4rs follawing the date
~
~ that this Agreement is expired ar othervvise terminated. The CONSULTANT #urther
~ agrees that the GITY may .inspect any and all documents'held by the CONSULTANT
~ and relating ta this Agreement upQn gaod cause at: any reasanable tirbe within tMe six
,
~ (6) year period. The CONSULTANT afso agrees to provide to #he CIT'Y, at the CITY'S
,
request, the originals of all drawings, documents, and items specified in this Sec#ian and
Agreement for Professional Services AG-C-347
November 18, 2008 Page 6 af 14
,
; information compiled in providing senrices to #he CITY under the terms of this
; Agreement.
~ 11. CERTIRCATION REGARDING DEBARMENT. SUSPENSION. AND
t~THER RE~',P4NSt~MATfERS-PRIMARY CAVERED TRANSACTI4NS.
;
~ The prospective primary participant certifiies to the best of ifs knowledge and
i
I belief, that it and ks principals:
f
' (a) Are nat presentty-debacred, suspended, propased far debarment, deciared
~ ineligibie, ar vatuntarilY excluded from covered transactions bY anY federal
department ar agency;
(b)` Have not within a three-year period preceding this proposai been convicted of
~ ar had a civil judgment rendered against them for commissian or fraud or a
criminal offense in connection with obtain'rrtg, attempting'tp obtain, or
performing:a public (fiederal, sfate, or locat) transactian or corrtraet under a
~
public transaction; v'rolation of:federal or sta#e antitrust statues or commission
of embezzlernent, theft, forgery, bribery, falsification or destruction of records,
1 ' making false statements, ar receiuing stalen property;
I
s (c) AFe not presently indicted foror otherwise>criminally or civilly charged by a
~ governmentat entity (federal, state; or laca{} with commission of any af the
= offenses enumerated in paragraph "(b)" of this certification; and
-Year Period recedin9 this Iicatia~NproP~I had
~ d a three
; Haue r~ot within P apP
one or more pubtic transactions (federal, state, ar local) terminated for cause.
or cfefault.
Where the prospective primary participan# is unabte to certify to any of the
statements in this cert'rfication, such prospective participant shall attach an explanation
to this propasal.
- -
Agreement far Professianal Services AGG347
Nqvember 18, 2008 Page 7 of 14
12. TfRMiNATIdN OF AGREEMENT.
; This Agreement may be terminated by either party upan twenty (20) days written
nc►tice to the o#her party, and baseti upon any cawse, in the event of termination due to
;
the fauit Qf other(s) than the, CONSUL'i'ANT, the CQNSULTANT shall be paid by the
CITY for senrices performed to the date of termination:
Upon receipt caf a terminatian notice wnder the abave paragraph, the
i : CQNSULTANT shal! (1) promptly discantinue al( senrices affected as direeted byr the
~ written notice, and (2) deliver to the CITY all data, drawings, specifications, reports,
:
~ estimates, summaries, and such other information and materiais as the CQNSULTANT
~
~ may:have accumutated, prepaced.arobtaitled in per#arrraing this-AgFeement,: whether
~ completed or in process.
13. GENERAI: RRQ~tJS1ONS.
;
13.1. This Agreement shall be govemed by the °laws, regula#ions and;ordmances
of the Ci#y: of Aubum,. the State,.of Washington,.l4ing Caunty, and vnhere applicable,
~ Federal laws.
~
, 13.2. AII claims; dispu#es and ot.hermatters in question arising:out af, vr relating
! to, this.Agreement: or the; breach hereof, except with :respect to ctaims;which have been
, waived, wilfbe decided by a court of cornpetent jurisdiction in King C+aunty. V1/ashington.
Rending final decision of' a tlispute hereunder, the GQNSULTANT and the EITY shall
~ proceed ditigently witFt the. perFcirrrEance of the.ssrviaes and obligations herein;
ln the event that any, dispute c~r cc~~tic#' arises ke#~+reen. the; parties while this
~ Agreem+snt is in effect, the CONSIJLTANT ag►ees that, notwithstanding such dispute or
~ confttct, the CONS.UI.7ANT shaW cantinue to:matte a gaod faith effort to coaperate and
~ coa#inue work toward successful comple#iart.of assigned duties and tesponsibilities:
j . . . . . . .
~ . . ~ ~ v~r. `r" . . .
Agree►nent for Professional Services AG=C-347
i November 18, 2008 Page 8 of 14 _
* 13:4. The;GITY and the CONSULTANT respectivety bind themselves, their
; ,r . , . . . . . .
;k: . . . . . . .
partners, successors, assigns; and (egal representatives'ta the other party to this
Agreement with respect to all covenants ta this Agreement.
13.5. This Agreement represents #he entire and integrated AgreemOnt between
i ~ the ClTY and the; CONSULTAhtT and supersedes all prior negotiations, representa#ions
~
or a,greemenW eitfier aral or writtten. This Agreement may.be amended Qnly by wrriften
instrument signed by both the CITY and the CONSULTANT.
i ~
~ 13.6. Should it become necessary to enforce any term or obligatibn of this
Agreo, men#; then aii costs r~f enf.arcementinciuding reasonabie a#omeys fees and;
~ ~epertses.and eourt <~sts shall lie-paid ta.,th.p subs#ari#ia1[y prevailingpa►#y.
( 1'3.7: The COMSULTANT. agrees to compty with ail foCai, state and faderallaws
,
~ applic~ble10:1t&. perfqrm,anceas of ttie date ofthis
Agreetnerrt:
~ ''t3.8: Zf any,prQVision of#his,lkgreftent is invalid arunenforceable, #he remaining
provisions.shal! remain in #orce and.effect. :
13.9., This Agreemen# shail be administered by Deberah Munkberg on ~ehad .af
. the; C(3NSULTAh1T. and by the Atlaqor bf the' CITY, ar designee, on behalf of the CITY.
' Any written rtotices ripquired by:the#~rms of this A~reem~# shall be seroed qn ar '
mailed #a th#fo1(owir►g addCess~is:,
Cit~ Of Auburn ~ Jones S~pkes Assc►ciat~s,, tnc, ,
Kevin Snyder Deb4'iratt 1~iier+g
' 25 Weist .Mam Str~e,t 71 Q Se+c~n+d AvenUe, Suite 55
: Aubum Wr4 98~41. . Seattle, WA98144PF~nr~e (25!j J31-3090 Phone (206) 801-2800
; Fac: ` (253) :804-~ 1,1 4 . Fac: (206) 801-289s ,
~ 'maiL. ksnyder~au~umwa.gt~u Email. dmunkbe'san~ei.com . :
~ ~~1
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-Agreament for Prafessional Services AG G-347
November 18, 2008 Page 9 of 14
13.10. Aii notices or communicatians permitted or required to be giveR under this
Agreement shall be in wrifing and shall be deiivered in person or deposited in the United
; States mail, pastage prepaid. Any such delivery shali ae deemed tv ha e been duly
~
~ given if mailed by:certified mail, retum receipt requested, and addressed to the address
~
! for the party set #ortb in 13.9 or if #o such other person designated by a party to receive
~
~ such nofice. It is provided, however, tt+at mailing such na#ices or communications by
certified mail, retum receipt requested is an opfron, not a requirement, unless
specifically°demanded or othe►vAse agreed.
~
Any party may change its atidress by giving nofice in writing, stating the new
address, to any: other party, all pursuant to tMe procedure set forth in this section of the
~ Agreement.
, 13.11. This Agreement may be executed in multiple counterparts, each of which
F
~ shal4.be ane and the same-Agreement and shalf;:become effective when one or more
i
counterparts-have been ;signed by each of the parties and •detivered to the other party.
~ k C AUB.
,
x
Peter B. Lewis, Mayor
` DaCe NOV 2 4 M
ATTEST:
,
.
D` e E. Da$kam, ity Cletic.
APPROVED AS TO FURM:
Agreement for Professional Services AG-C-347
November 18, 2008 Page 10 of 14
~ Daniel B. Heid, Ci
~
i
E
I
~ Jones & Stokes Assaciates, inc.
~
I I Bl(:
;
Title:~~!~~~~3~~k~
Federai Tax tD # Cltf~~2401
I
i
~
~
r
Agreement for Professional Senrices AG-0-347
November 18, 2006 Page 11 of 14
EXHIBIT A .
~
` City vf Auburn Residential Code Amendments '
Scope of ~ervices and Budget
The CitY pf Aaburn (CiTY) has
~ requested assistance from Janes & Stokes Associates, Inc.
i ~
(CONSUI,TAN`I) to supportp ianzting staff asanextensionoF staffregarding poliey and eode topic areas
j ~ for the update•of resisieiitial sections of the-City'sZoning and Subdivesinn Codes. This Scope af Services
I ~ identifies the.CansulCant levet of effort through Decemlier 31, 2008.
~
The Cansultant wi11 provide. general plannittg and land use consuttation serviees at the request of and as
I ~ needed ty-. the Ctty ba&~d ~art m~~' ~~ed ~itne[ables ancf levels of effott. It is anricFpated that the
services ~nder ttus ~►precinent sWl be r,eniiered in ~onneccion. with the Client's Resideritial Code Update
I ~ Phase I, and vxnl] inctuda, batnirt necessarily: be 1[tnited to, the foliow'ing items;
a
I + ient ccxle erraluat
M *
EXaaznpl,e ju.risdictioa code mseaxch;
Code updatc>optioips xna#ysis;~ and. '
« Stiippart at staff, citizen, ordecision-maker ineetings.
~
$~llin aind Cost
, Tibe scQ of serwicc.s witl be com letexl aa a time and matertals based in accordaa(~e with the fatlowtiq estimate:
Pasition EStimated Avity
Billi~ Rate lYIArember 37 to Demmber 31 Budg¢tw '
5 ~ Hau~ {H,cwrs} Fee
' Lisa GVeser ~ l+i0 3~i $ 5;32U
Seniar Piattner
` Gil Cerise, ` $120. 9(}
~ IEt,8Q0 . :
Urban f'18ni)0" $LQS 36 ' Dret~rah 1c~uPl~ietg. $;185 ~4 S 4
Branchl.~adeiC~*
Fi~penses Tt'Avel~
. . ~~ucf~ons. P~~.
ver At cos~
de'[i, ancl,St~u'lar
~oti~1 ` . $?A,'Td0
oics
* Sta.#.to ba u.&ed as needed in tct~s of~esearcb assistance t'ollciwing C~ appmv~l.:
~ taff to l~ usd to bac~C up or ~uppazt s~nior plann4is, such as at ~etings iE neeciecE foUawing QTY'ipproxaL
---X-
Agreement for.protessioc~al Servaces AG-G347
NoVerr~ber 18, ~Op8: Page 2 of t4
i
,
; coNSu~Tanrr rNVO1cEs
~ CONSULTANT invoices shouid contain the following information:
+ On'CONSULTANT letterhead.
~ • An accompariying narrative progress feport stating the status of each task. This shouid
j indude major activities perfarmed and ifems cornpleted during the biii'tng period and total
percentage of prcrject completion a(ong with funding sta#us. Any important issues, concems,
or problems/nbstacles encountereCf shouid aiso be noted.
~ - • Internal invoice number and/or, sequential numeric number (4.e.: progress payrrtent # 10).
R irnoice date.
• Period of time irnroice covers.
• Cunsuitant Agreement # ,(t.e.: AG-C-347). • CITY'S proJecfi manager listed. -
+ The hour(s) per person taraken down by task(s) (attach timesheets; spreadsheet detailing
timesheets, or some other form.of prnof) afcmg with type.,ot wotlc done (i.e.; design,
right-of-way,. or zdnstruction) or tisk orct~r r~urnber. -
~ . Dir+ect salary (base saiariesj
E . tndirectsalary.(Eienefits)
Direct non-salary..(i,e.: mileage, reproduction fees (i.e.: printirrg, cflpying); cammunicatiQn
fees (i e.: tetephone), supplies, computet, cE7arges, subcflnsuftaiMs), indirect non-salary
(overhead). The C1TY does nat pay fitt CONSULT'AiVI' meais unless part of a task requires
travei butside of the greater $eattle, Ta.cxxna, and Eterett area: These costs are to be
~ broken dowrr and badwp informaficn iw to be. atttached to irivoice. Project managers: are to
~ infcxm ZC3NSULTANTB as to what is r,ac;uired fcsr ixeak dt~wn inforrriatian and if baekup
~ informatian is to be attached. Break aut the same for subconsultant charges.
, ~ • Qrevi4us anii remaining base cvntrapt ~imcwr►ts I0ft in each tasc and total contract -totaf
~ author`ized amount (bottom: 1100".10(e). kdtl amendmants to 4hiss basecontract amount for
~ totat "horizad amount,
E, • perceintage of work corY►pleted to date tx6mpared ta toxal amount of work (if required by the
P~oject manager),
; . • irnroices far previous year are due byJanuary 15"'.
Ji '
<.F
iX
;k
.,;i._3 . .
t~
AgreemeM for Professionai Seryrces AG-C-347
November 18, 2008 Page 13 of 14
SAMPLE INYOICE ~
City of Aubum Invoice 1234
I E 25 West Main Progress Payment 2
! Aubum WA 98001 Invoice Date: February 10, 2002
Attn: Chris Anderser~ (Projeet Manager) Project tVame: Cocle l~pdate Project
Agency Agreemenf AG-C-347
i Engineering Senrices pei#ormed during the period of; Januairy 2OQ2
i $ JC3NES & STt?KES ASSQ~IATES; INC.
Personnel _ Nqurs Hourl Raie Amaunt
Mike JonesPtinci al Planner 1 _ 125..0lJ #25.~0
~ E~ Catla Mal~er, ArChi~ect 2 $ 72.00 $ 144.00
I ~ .ioe Smith WofdPrtcessi " 10 48.OQy 48Q.00
I ~ Consuttaht:Eersonnet Sutttotat
~ E ~'ses: s~ at#ached o~um~ntatit~n ' Amount
ones;.Prirtai i Plannet 7:58 '
~ EC9.
~ Maker Archit
mith, Word Pr~sin $ ltant'= '~c~bitl $
?2.49
I Conltai#'tOtsl:
f
I ~ Ta7AL DU,~ THIS INYQICE _ - - $ ~82149
~
CONTftAC7 $REAKDQWN,
,77- -777777-7
Task ' Total
Amaunt: Pdor This Invciiced To Amount
_ Author:zed Tnvaiaed Xnvoice I3ate . ~oropte~e T2~mainin
0iiginat
Gontract $ 22>4?U().00 $ I Q2S.W $ <82149 5~ i,846.49 `1596 $ ZU.1'S35
I
Ainendi~nt' 1 ' $ 2,500.~1Q 0 ,00 <<: Q% 09& 2
. 54[3.C1(}. . ,
~ TOTAL $ 24 :00 $ 10?S.OQ ~ $2L~9 < $ 1 >~1+I ;$~6 `:10!~+ 3:51
~
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!
i Agreement for Professional Services AG-G347 ~
; Nove.mber 18; 2008 Page 14 of 14
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