HomeMy WebLinkAbout3107RESOLUTION NO. 3107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY AND
BOYLE WAGNER ARCHITECTS FOR CONSULTANT SERVICES RELATING TO
DEVELOPING A SITE PLAN FOR THE OLSON CANYON PROPERTY.
WHEREAS the City of Auburn acquired the Olson Canyon property in 1993
with King County conservation futures funds;
WHEREAS the site is of historical significance and the last best opportunity in
Auburn to preserve a small farm setting for historical education; and
WHEREAS a master site plan is needed to pursue grant funding to restore the
buildings, to work along Olson Creek, and to develop passive recreational
opportunities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Aubrn are herewith
authorized to execute an Agreement for Professional Services between the City and
Boyle Wagner Architects for consultant services relating to the development of a master
site plan for the Olson Canyon property. A copy of said Agreement is attached hereto,
denominated as Exhibit "A": and made a part hereof as though set forth in full herein.
Resolution No. 3107 - Boyle Wagner Architects Agreement
July 19, 1999
Page 1 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
DATED and SIGNED this day of , 1999.
CITY OF AUBURN
,
~
~k;'-c; o -
CHARLES A. BOOTH,
MAYOR
ATTEST:
Danielle Daskam,
City Clerk
APPROVED AS TO FORM:
,
i
Michael J. Reynolds,
City Attorney
Resolution No. 3107 - Boyle Wagner Architects Agreement
July 19, 1999
Page 2 of 2
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with
Boyle Wagoner Architects, whose address is The Maritime Building, 911 Western Avenue #300,
Seattle, WA 98104 (Telephone: 206-382-9651), hereinafter referred to as "CONSULTANT".
In consideration of the covenants and conditions of this Agreement, the parties hereby
agree as follows:
1. SCOPE OF WORK.
A. Phase 1- Document Collection. Review and Programmin~
A-1. The CITY will acquire a current aerial map of the site and will identify
property boundaries. The CITY will acquire, assemble, and copy
available information, maps, photographs, historic assessments and
reports, nominations, engineering and utility plans, and other current,
historic or archival information. The CONSULTANT will meet with the
CITY to review and collect the assembled documents. For this task the
CONSULTANT will attend up to two (2) meetings
A-2. The CITY will develop and provide an AutoCAD base map for the
CONSULTANT's use.
A-3. The CONSULTANT will suggest subjects and issues for oral history, and
the CITY will conduct oral history interviews, and provide transcripts for
the CONSULTANT's use.
A-4. The CITY will develop the written first draft mission statement and goals
for interpretive and recreational use of the Olson Canyon Farm. The
Exnibic A- Resolution No. 3107
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 1 of 13
CONSULTANT will meet with the CITY to develop the program and will
respond with a preliminary written site and building program for building
restoration, parking, paths, trails, and new construction for office,
restrooms, education spaces, etc.
Phase 1 will be completed by September 30, 1999, within a scheduled
fixed fee payment to the CONSULTANT not to exceed Three Thousand and
no/100s Dollars ($3,000.) based on billable hours.
B. Phase 2- Building and Site InventorX •
B-1. The CONSULTANT will examine building features on site and will
produce scaled sketched floor and roof plans of the house, barn, the
weaving shed, out house, smoke house, chicken house, and garage-tool
shed. The CONSULTANT will provide captioned color photographs
showing significant historic features, deficient conditions, and overall
building elements.
B-2. The CONSULTANT will provide a report on the structural condition of
the buildings listed in B-1 based on the engineer's visual inspection during
a single site visit, and other documentation provided by the CITY.
B-3. The CITY will conduct a survey of the property with spot checks, as
necessary, to identify boundaries, topography, and landscape existing
building and road locations; and will gather and provide available
information about utilities, circulation, traffic, vegetation, hydrology, and
habitat. No original research of base map information will be provided by
the CONSULTANT.
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 2 of 13
B-4. Using the above-referenced survey, the aerial map, USGS maps, and other
data provided by the CITY, the CONSULTANT will create a base
AutoCAD plan. Based on a site review, the following features will be
visually identified and indicated on a base plan: exposed and identified
utilities, building placement, water flow, landscape features including
identification of historic agricultural plantings, wagon roads, vehicle roads, and stream path. Preliminary wetland areas, type of wetlands, and
setbacks will be identified on the base plan. This identification will be
based only on the base plan information, available documents provided by
the CITY, and the CONSULTANT's visual assessment.
B-5. The CITY will provide a written list of probable plant, fish, bird, and
animal life on the site, including endangered species, and will develop a
SEPA checklist.
B-6. An AutoCAD plan will be developed by the CONSULTANT. Two
alternative siting locations will be shown for program elements. A
meeting will be held by the CITY and the CONSULTANT to review
Phases 1 and 2. The CONSULTANT will also attend one public meeting.
Phase 2 will be completed by October 30, 1999, within a scheduled fixed
fee payment to the CONSULTANT not to exceed Five Thousand and no/100s
Dollars ($5,000.) based on billable hours.
C. Phase 3- Recommendations and Schematic Plan
C-l. The CONSULTANT will develop a preliminary plan for restoration of
key historic structures; and a schematic plan for site restoration and
proposed development of new buildings, soil, landscape, stream, drainage,
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 3 of 13
utilities, pathways, and driveways. Flans will be provided in a diagram
format with written recommendations and sketches. Written
recommendations for future planning and design phases, and a list of
specialized consultants, vendors, and contractors who may provide the
future work will be included. The CONSULTANT will review these
recommendations in one meeting with the CITY.
G2. An AutoCAD plan will be developed by the CONSULTANT as a
Schematic Master Plan. Alternative siting locations may be shown for
program elements.
C-3. A meeting will be held with the CITY and the CONSULTANT to review
Phase 3.
Phase 3 will be completed by November 15, 1999, within a schedule fixed
fee payment to the CONSULTANT not-to-exceed Four Thousand and
No/100s ($4,000.) based on billable hours.
D. Phase 4- Cost Estimates and Final Master Plan Report
D-1. The CONSULTANT will provide preliminary cost estimates based on
priority recommendations and will make suggestions for sequencing or
phasing the work. The estimate will be reviewed in a meeting with the
CITY and the CONSULTANT.
D-2. The CONSULTANT will provide the finished Master Plan document in
the form of one thirty-six (36) inch by forty-two (42) inch colored map,
and one unbound eight and one-half (8.5) inch by eleven (11) inch
formatted report. The report will be developed using the above-noted
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 4 of 13
phases for chapters or headings. The CITY will provide copying and
printing of the documents for distribution as necessary.
D-3. A final meeting will be held with the CITY, CONSULTANT, and
appropriate staff/task force to present the Master Plan document to the
public.
Phase 4 will be completed by December 1, 1999, within a schedule fixed
fee payment to the CONSULTANT, not to exceed Three Thousand and No/100s
Dollars ($3,000.) based on billable hours.
2. TERM.
The term for the CONSULTANT's services, unless otherwise stated by contract
amendment, shall run from the date of execution of this contract until December
1, 1999, and includes the following schedule: Completion of Phase 1-
Document Collection, Review and Programming - will be no later than
September 30, 1999. Completion of Phase 2- Building and Site Inventory - will
be no later than October 30, 1999. Completion of Phase 3- Recommendations
and Schematic Plan - will be no later than November 15, 1999. Completion of
Phase 4- Cost Estimates and Final Master Plan Report will be no later than
December 1, 1999.
3. COMPENSATION.
The CON.SULTANT will be paid a fee not-to-exceed Fifteen Thousand and
No/100s Dollars ($15,000.) for the Scope of Work.
Payment schedule for Scope of Work shall be as follows:
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 5 of 13
1. At the conclusion of Phase 1- Document Collection, Review and
Programming - CITY agrees to pay CONSULTANT a fee not to exceed
Three Thousand and No/100s Dollars ($3,000.) based upon billable hours.
2. At the conclusion of Phase 2- Building and Site Inventory - CITY agrees
to pay CONSULTANT a fee not to exceed Five Thousand and No/100s
Dollars ($5,000.) based on billable hours.
3. At the conclusion of Phase 3- Recommendation and Schematic Plan -
City agrees to pay CONSULTANT a fee not-to-exceed Four Thousand
and No/100s Dollars ($4,000.) based on billable hours.
4. At the conclusion of Phase 4- Cost Estimates and Final Master Plan
Report - CITY agrees to pay CONSULTANT a fee not-to-exceed Three
Thousand and No/100s Dollars ($3,000.) based on billable hours.
CONSULTANT may provide additional services at the request of the
CITY and by written amendment to this contract. Such additional services may
include investigation as to the buildings, conditions, preparation of ineasured
record drawings of the building, preparation of SEPA checklist, original site or
historic research, services by other consultants, special presentation graphics, or
attendance at additional meeting (in excess of an aggregate of nine (9) meetings
agreed to in this contract. Additional services by the CONSULTANT will be
charged at the following hourly rate:
Principal (Susan Boyle) for meetings and presentation $120.
Principal Planner, Susan Boyle $ 90.
Associate, Project Architect, Rhoda Lawrence $ 72.
Technical Staff, Drafter, or Intern _ $ 46.
Word Processor, Assistance $ 38.
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 6 of 13
All other expenses, including reproduction of materials for use in
meetings with the CITY, or the public; deliveries; fax and long-distance
telephone; photo supplies, developing, and printing; document and photo
reproduction; printing, copying and preparation of printed presentation materials
and graphic documents are to be reimbursed by the CITY and are not to exceed
Two Thousand and No/100s Dollars ($2,000.). Reimbursable expenses, including
the fees of consultants to Boyle Wagoner Architects will be charged at actual cost
plus a ten per cent (10%) handling fee. The CITY will provide printing and
distribution of any final documents.
In the event services beyond those specified in the Scope of Work, and not
included in the compensation listed in this agreement are required, a contract
modification shall be negotiated and approved by the CITY prior to any effort
being expended on such services
4. RESPONSIBILITY 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 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 generaliy accepted professional 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
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 7 of 13
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.
5. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall indemnify and hold the CITY and its officers and
employees harmless from and shall process and defend at its own expense all claims,
demands, or suits at law or equity arising in whole or in part from the CONSULTANT's
negligence or breach of any of its obligations under this Agreement; provided that
nothing herein shall require a CONSULTANT to indemnify the CITY against and hold
harmless the CITY from claims, demands or suits based solely upon the conduct of the
CITY, their agents, officers and employees and provided further that if the claims or suits
are caused by or result from the concurrent negligence of (a) the CONSULTANT's
agents or employees and (b) the CITY, their agents, officers and employees, this
indemnity provision with respect to (1) claims or suits based upon such negligence, (2)
the costs to the CITY of defending such claims and suits, etc. shall be valid and
enforceable only to the extent of the CONSULTANT's negligence or the negligence of
the CONSULTANT's agents or employees. The provisions of this section shall survive
the expiration or termination of this Agreement.
6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided herein.
The parties agree that this Agreement may not be assigned in whole or in part without the
written consent of the CITY.
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 8 of 13
7. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage to
property which may arise from or in conjunction with services provided to the CITY by
the CONSULTANT, its agents, employees or subcontractars, under this Agreement. The
CONSULTANT agrees to provide commercial general liability insurance and shall
maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per
occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The
CONSULTANT shall also provide and maintain professional liability coverage in the
minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and
FIVE HLJNDRED THOUSAND and No/100s DOLLARS ($5000,000) per annual
aggregate.
The general liabilitycoverage shall also provide that the CITY, its officers,
employees and agents are to be covered as additional insured as respects: Liability
arising out of the services or responsibilities performed by or under obligation of the
CONSULTANT under the terms of this Agreement, by the CONSULTANT, its
employees, agents and subcontractors.
Both the general liability and professional liability coverage shall provide that the
CONSULTANT's insurance coverage shall be primary insurance as respects the CITY,
its officials, employees and agents. Any insurance or self insurance maintained by the
CITY, its officials, employees or agents shall be excess to the CONSULTANT's
insurance and shall not contribute with it. Each insurance policy required by this section
of the Agreement shall be endorsed to state that coverage shall not be suspended, voided,
or canceled except when thirty (30) days priar written notice has been given to the CITY
by certified mail return receipt requested. All insurance shall be obtained from an
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 9 of 13
insurance company authorized to do business in the State of Washington. The
CONSULTANT agrees to provide copies of the certificates of insurance to the CITY
specifying the coverage required by this section within 14 days of the execution of this
Agreement. The CITY reserves the right to require that complete, certified copies of all
required insurance policies be submitted to the CITY at any time. The CITY will pay no
progress payments under Section 3 until the CONSULTANT has fully complied with this
section.
8. NONDISCRIMINATION. '
The CONSULTANT may not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or
where there is the presence of any sensory, mental or physical handicap.
9. O`VNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such other
information and materials as the CONSULTANT may have accumulated, prepared or
obtained as part of providing services under the terms of this Agreement by the
CONSULTANT, shall belong to and shall remain the property of the CITY OF
AUBURN. In addition, the CONSULTANT agrees to maintain all books and records
relating to its operation and concerning this Agreement for a period of six (6) years
following the date that this Agreement is expired or otherwise terminated. The
CONSULTANT filrther agrees that the CITY may inspect any and all documents held by
the CONSULTANT and relating to this Agreement upon good cause at any reasonable
time within the six (6) year period. The CONSULTANT also agrees to provide to the
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999 Page 10 of 13
CITY, at the CITY'S request, the originals of all drawings, documents, and items
specified in this Section and information compiled in providing services to the CITY
under the terms of this Agreement. Reuse by the City of any of the drawings, computer
discs, documents, records, books, specifications, reports, estimates, summaries and such
other information and materials on extensions of this project or any other project without
the written permission of the CONSULTANT shall be at the CITY'S sole risk and the
CITY agrees to defend, indemnify and hold harmless the CONSULTANT from all
claims, damage and expenses including attorney's fees arising out of such unauthorized
reuse of the CONSULTANTS drawings, computer discs, documents, records, books,
specifications, reports, estimates, summaries and such other information and materials by
the CITY, it's officials, employees, agents, or others that may obtain the information from
the CITY.
10. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of termination due to
the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the
CITY for services performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
written notice, and (2) deliver to the CITY all data, drawings, specifications, reports,
estimates, summaries, and such ather information and materials as the CONSULTANT
may have accumulated, prepared or obtained in performing this Agreement, whether
completed or in process. Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page I 1 of 13
11. GENERAL PROVISIONS.
11:1. This Agreement shall be governed by the laws, regulations and
ordinances of the City of Auburn, the State of Washington, King County, and where
applicable, Federal laws.
11.2. All claims, disputes and other matters in question arising out of, or
relating to, this Agreement or the breach hereof, except with respect to claims which
have been waived, will be decided by a court of competent jurisdiction in King County,
Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the
CITY shall proceed diligently with the performance of the services and obligations
herein.
11.3. The CITY and the CONSULTANT respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this
Agreement with respect to all covenants to this Agreement.
11.4. This Agreement represents the entire and integrated Agreement between
the CITY and the CONSULTANT and supersedes all prior negotiations, representations
or agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT.
11.5. Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorney's fees and
expenses and court costs shall be paid to the substantially prevailing party.
11.6. The CONSULTANT agrees to comply with all local, state and federal
laws applicable to its performance as of the date of this Agreement.
11.7. If any provision of this agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 12 of 13
CITY OF AUBURN
~ •
Charles A. Booth, Mayor
Date Ll `
~
ATTEST:
Danie E. Daskam, City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds, Cit ttorney
BY:
BOYLE WAGNER ARCHITECTS
Authorized Signature
Print or Type Name
TITLE:
Address
Address
Phone
Fax #
Federal Tax ID #
Exhibit A
Agreement for Professional Services - Boyle Wagoner Architects
July 23, 1999
Page 13 of 13