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HomeMy WebLinkAbout3622RESOLUTION No. 3 6 2 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN (CITY) AND JOHN BARKER LANDSCAPE ARCHITECT, P.S. (CONSULTANT) FOR THE DESIGN AND PREPARATION OF CONTRACT DOCUMENTS FOR THE BEVERLY PARK PHASE 1 NEIGHBORHOOD PARK PROJECT. WHEREAS, the City of Auburn has identified a need to provide a neighborhood park on a site located on "U" Court Northwest in the City of Auburn; and WHEREAS, John Barker Landscape Architects P.S. was selected, through a competitive selection process, to gather public input, design a neighborhood park master plan, and prepare construction documents for Phase 1 of the project; and WHEREAS, this Agreement for Professional Services provide the guidelines by which this park plan will be developed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an agreement with John Barker Landscape Architects P.S. A copy of the Agreement is attached hereto, designated as Exhibit "A", and incorporated by reference in this Resolution. 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 July, 2003. Resolution No. 3622 June 18, 2003 Page 1 of 2 CITY OF AUBURN MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 3622 June 18, 2003 Page 2 of 2 Resolution 3622 - Exhibit A 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 John Barker Landscape Architects, P.S., whose address is 1514 Northwest 52nd Street, Seattle, Washington 98107, 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. See Exhibit B, attached, and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31, 2003. The established completion time shall not be extended by the CITY in the event of a delay attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of God or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 1 of 13 3. COMPENSATION The CONSULTANT shall be paid by the CITY a fee for the services, as defined in the Scope of Work, not to exceed Fifteen Thousand Seven Hundred Seventy and No/100s Dollars ($15,770) as proposed in cost estimate identified in Exhibit C attached hereto and by reference made a part of this Agreement. CONSULTANT will invoice CITY for these professional service charges. The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit D, at the actual cost to the CONSULTANT plus 10%. Exhibit C is attached hereto and by reference made a part of this Agreement. These charges may include, but are not limited to the following items: reproduction fees, communication fees, and mileage. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original Supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services or work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4. Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 2 of 13 o MANAGEMENT RESERVE FUND. The CITY may establish a Management Reserve Fund to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing, prior to the CONSULTANT expending any effort on such services, and shall not exceed $30,000. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the Management Reserve Fund shall be negotiated and approved by the CITY prior to any effort being expended on such services. 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 generally accepted professional 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 Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 3 of 13 adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for any 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. 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 the 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. Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 4 of 13 7. 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. 8. 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 subcontractors, under this Agreement. The CONSULTANT agrees to provide commercial general liability insurance and shall maintain liability limits of no less than 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 Two Million Dollars ($2,000,000) aggregate. The general liability coverage 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 Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 5 of 13 and 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 cancelled except when thirty (30) days prior written notice has been given to the CITY by certified mail return receipt requested. All insurance shall be obtained from an 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. 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, Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 6 of 13 10. national origin, sex, age, or where there is the presence of any sensory, mental, or physical handicap. OWNERSHIP 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 further 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 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. Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 7 of 13 11. CERTIFICATION REGARDING DEBARMENT~ SUSPENSION~ AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not, within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for, or otherwise criminally or civilly charged by, a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "9b)" of this certification; and Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 8 of 13 (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal 12. 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 he above paragraph, the CONSULTANT shall (1) promptly continue all services affected as directed by the written notice, and (2) deliver to the C(ITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. GENERAL PROVISIONS. 13.1 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. Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 9 of 13 13.2 13.3 13.4 13.5 13.6 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. 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. 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. 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. Should it become necessary to enforce any terms or obligations of this Agreement, then all costs of enforcement including reasonable Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 10 of 13 13.7 13.8 13.9 13.10 attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. This Agreement shall be administered by John Barker, on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Attn: Dan Scamporlina 910 9th ST SE Auburn, WA 98002 253-931-3043 John Barker Landscape Architects, P.S. Attn: John Barker 1514 NW 52nd ST Seattle, WA 98107 206-783-2870 All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set' forth in 13.9, or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 11 of 13 13.11 Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 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 assigned by each of the parties and delivered to the other party. CITY OF AUBURN Peter B. Lewis, Mayor CONSULTANT Federal Tax ID#: ql- /S q ~ 3 q Y Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 12 of 13 ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~U~e~. L. iW~t° Resolution 3622 - Exhibit A Agreement for Professional Services June 16, 2003 Page 13 of 13 Resolution 3622 - Exhibit B SCOPE OF WORK The City of Auburn has identified a need to provide a neighborhood park to be located at Tract "A" West Beverly Hill No. 4, a site located on "U" Court Northwest in the City of Auburn. The location area is also known as the Jornado Development. The site is located at the end of"U" Court Northwest Auburn, on approximately 1.89 acres next to the City of Auburn watershed property. The proposed project improvements may include some of the following: Project Administration and Public Meetings - · Hold two (2) public meetings with the local community to assess the park needs and community's desires for a park property · Develop a site map and prepare a site analysis drawing Master Plan Development · Plan for play equipment for children from ages 3 to 12 · Develop a small grass area for open play · Develop a planting plan, including trees, shrubs and an irrigation system · Other site amenities as identified by the neighborhood park users · Provide recommendations and cost estimates for the Park Master Plan and Phasing Prepare construction documents for the development for Phase 1 construction. Prior to finalizing the scope of the project, a series of two (2) public meetings will be necessary to solicit public input and support. In part, this contract will be to provide assistance in facilitating public meetings and to assist in answering concerns and questions posed by the public. The consultant will be required to provide and analyze alternatives, which address the public's major concerns and meet the City's requirements. Consultant will then present alternatives to the public along with their recommendations prior to starting construction documents. Resolution 3622 - Exhibit B June 16, 2003 Page 1 of 1 Resolution No. 3622 Exhibit C SCHEDULE OF EXPENSE Barker Landscape Architects Beverly Park Limited Design Services · Schematic Plan & Phase '1 Construction Design DRAFT Scope of Work, Schedule, and Estimated Fee Proposal Prepared for Daryl Faber, Director & Dan Scampodina, Parks Development Manager, Auburn Parks & Recreation Department prepared by Barker Landscape Arcl~itects 1514 NWst. 52nd St., Seattle, WA 98107 Basis for proposal: Project Parameters as defined by City of Auburn (letter of 4/18/03) which include 2 public meetings for park needs assessment; master plan design based on public meetings and City staff input; after master plan approval, develop construction documents for Phase 1 Construction of park NO Permitting, plotting, Civil Engineering, Bidding and Construction observation included. Deliverables include: A. - Park schematic plan, public input, cost estimate, graphics. B. - Construction documents for the first phase of Park development. Items to be provided by the CitY are written in red. All Permits and plotting by City. A · Park Master Plan Al. PROJECT ADMINISTRATION & PUBLIC MEETINGS target rate rate rate dates Pdn Land Landscape Drafting Materials 2003 Architect Architect Admin. & Travel $85 $75 $45 6/17/2003 Subtotal Project Scoping Coordination/Phone conf/Admin/Records, throughout project for 16 weeks 2 Public Meetings of plans in progress and final plan SUBTOTAL ADMIN. & MEETINGS A2, BASE MAP & SITE ANALYSIS June 4 $15 $355 4 5 $10 $575 2 5 5 $5O $820 Sept 10 5 10 $75 $'1,750 Aerial photo to be provided by City Parks Background information, topo/tree survey, zoning, comp plan etc to be provided by City Develop Base Map and format using Auburn Graphic Standards Develop Site Analysis SUBTOTAL SITE ANALYSIS & FEASIBILITY STUDY A3. MASTER PLAN DEVELOPMENT June July 2 $25 $115 1 2 $25 $360 2 1 2 $50 $475 Development of master plan (schematic design) alternatives Develop Preferred Plan based on input from public meetings Develop preliminary cost estimates SUBTOTAL MASTER PLAN A. TOTAL Hours/Fees/Direct Costs Included in direct costs are printing, mailing, plotting, graphic materials, photos, mileage Reimburseables will be billed separately Total MASTER PLANNING PHASE July 3 6 8 $25 $1,090 July 3 6 12 $25 $1,270 Au~lust 2 $170 8 12 $50 $2,530 20 18 12 $175 $4,755 hrs hrs hrs $ [ $4,755 B · Phase 1 Park Construction Documents BI. DESIGN DEVELOPMENT (75%) DOCUMENTS Develop draft cover sheet with general notes, Aubum graphic Stds, vicinity map, etc. Develop draft existing conditions, demo, TESC sheet Develop draft layout sheet Develop draft grading & drainage sheet Develop draft detail sheet Prepare outline technical specifications Develop DD cost estimate Quality control review and refinements BI. SUBTOTAL DESIGN DEVELOPMENT target rate rate dates Pdn Land Landscape Drafting Materials 2003 Architect Architect Admin. & travel Subtotal thru 2 $25 $115 2 $25 $115 4 8 $25 $725 4 8 $25 $725 4 12 $25 $905 8 2 $25 $795 3 4 $435 1 I I $75 $28O Sept 24 1 39 $225 $4,095 Bevedy Park scope.xls Page 1 B2. CONSTRUCTION (95-100%) DOCUMENTS Develop final cover sheet Develop final existing conditions, demo, TESC sheet Develop final layout/dimension sheet " 4 Develop final grading & drainage sheet " 6 Draft irrigation plan (design by City) Develop 1 final detail sheet thru 2 Prepare final technical specifications " 8 City to provide front end spec format (Div O, Div 1 CSI format) Submit 1 set 95% complete drawings for Client Review Refine and Prepare final specifications and Plans ( from City comments on 95% set) 8 Develop CD cost estimate " 4 Quality control review " 1 Final assembly of 100% formal bid documents (1 set) Nov 2 B2. SUBTOTAL CONSTRUCTION DOCUMENTS 35 B. TOTAL Hours/Fees/Direct Costs Included in direct costs are printing, mailing, plotting, graphic materials, photos, mileage Reproductions of bid documents are not included; bidding and construction observation/bidding not included and should be negotiated after construction documents are completed. TOTAL DESIGN PHASE 59 hfs TOTAL PROJECT Design Fees 2 2 12 12 8 10 3 12 2 1 14 $25 $25 $25 $25 $25 $25 $25 $85 $100 $115 $115 $9O5 $1,075 $385 $645 $7O5 $22O $1,220 $430 $205 $90O 1 2 hrs 78 117 hrs $36O $585 $ $6,920 $11,015 $11,015 I $15. 70 Beverly Park scope.xls Page 2 Resolution 3622 - Exhibit D DIRECT NON-SALARY REIMBURSABLE EXPENSES · Reproduction Fees · Communication Fees · Mileage at $0.36 per mile or the current approved IRS rate It is understood that all reimbursements are at cost and will be marked-up 10%. Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts with other consultants, such as appraisers and/or environmental consultants, etc. If approved, the CITY shall reimburse the CONSULTANT for the actual cost of the subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead expense associated with the Subcontract. Resolution 3622 - Exhibit C June 1, 2003 Page 1 of 1