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