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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