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RESOLUTION No.3 7 5 0
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 JGM
LANDSCAPE ARCHITECTS FOR PROJEc.LNLI.UJi3ER C407-A, THE UPGRADE OF
THE MOUNTAIN VIEW CEMETERY MASTER PLAN
WHEREAS, the City of Auburn has identified a need to continue making long
range plans to up-grade and develop the Mountain View Cemetery property to
accommodate future needs, including burial sites, scattering garden, and a mausoleum
with niches; and
WHEREAS, JGM Landscape Architects was selected, through a competitive
selection process, to develop a master site plan for the undeveloped west area at the
cemetery, to include these amenities, as well as a financial plan based on said
improvements; and
WHEREAS, this Agreement for Professional Services provide the guidelines by
which to develop this master plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOL VES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn are
herewith authorized to execute an agreement with JGM Landscape Architects. A copy of
the Agreement is attached hereto, designated as Exhibit "1". and incorporated by
reference in this Resolution.
Resolution No. 3750
July 15,2004
Page 1 of2
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 2..~day ofo.~2004.
CITY OF AUBURN
/
ATTEST:
4Ri dk
Darnelle E. Daskam,
City Clerk
APPROVED AS TO FORM
Resolution No. 3750
July 15,2004
Page 2 of2
Resolution 3750 - Exhibit 1
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 JGM Landscape Architects, whose address is 204 - 11 th Avenue Northeast, Bellevue,
Washington 98004, hereinafter referred to as "CONSULTANT".
In consideration of the covenants and conditions of this Agreement, the parties hereby
agree as follows:
1. SCOPE OF SERVICES.
See Exhibit A, attached, together with Exhibit C - Schedule, a timeline of
events in which to accomplish these services, both identified by this reference
and 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 sixty (60) days following issuance of the Notice to Proceed; said
date of completion is anticipated to be October 4, 2004.
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
Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15, 2004
Page 1 of 12
conditions beyond the control of the CONSULTANT. A prior supplemental
Agreement issued by the CITY is required to extend the established
completion time.
3 COMPENSATION
The CONSULTANT shall be paid by the CITY for direct non-salary
cost, per attached Exhibit B. These charges may include, but are not limited
to the following items: reproduction fees, communication fees, and mileage.
The billing for non-salary costs, 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.
4. 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
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Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15,2004
Page 2 of 12
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 Eighteen Thousand Three Hundred Seventy-Five and
No/lOOs Dollars ($18,375.00). 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.
5 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
CONSUL T ANT 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
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
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Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15,2004
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any cause of action arising out of the performance of this Agreement to the
full extent of the law.
6 INDEMNIFICA TIONIHOLD 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
CONSUL T ANT 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.
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
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Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15,2004
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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
CONSUL T ANT 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
CONSUL TANT 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
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
Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15,2004
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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.
9 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.
10 OWNERSIDP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and
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Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15,2004
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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
CONSUL T ANT 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.
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;
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Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15,2004
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(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
(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
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Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15,2004
Page 8 of 12
CONSUL T ANT 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
CONSUL T ANT shall (1) promptly continue all services affected as directed
by the written notice, and (2) deliver to the CITY 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.
13.2 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.
13.3 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
Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15,2004
Page 9 of 12
continue to make a good faith effort to cooperate and continue work
toward successful completion of assigned duties and responsibilities.
13.4 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.
13.5 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.
13.6 Should it become necessary to enforce any terms or obligations of this
Agreement, then all costs of enforcement including reasonable
attorneys fees and expenses and court costs shall be paid to the
substantially prevailing party.
13.7 The CONSULTANT agrees to comply with all local, state and federal
laws applicable to its performance as of the date of this Agreement.
13.8 If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
13.9 This Agreement shall be administered by Ted Wall, ASLA
Principal/Project Manager, on behalf of the CONSULTANT, and by
Auburn's Mayor Peter B. Lewis, or designee, on behalf of the CITY.
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Resolution 3750 - Exhibit 1
Agreement for Professional Services
July 15,2004
Page 10 of 12
Any written notices required by the terms of this Agreement shall be
served on or mailed to the following addresses:
CONSULTANT JGM Landscape Architects
Attn: Ted Wall, AS LA
204 - I11th Avenue NE
Bellevue, W A 98004
425-454-5723
CITY: City of Auburn
Attn: Dan Scamporlina
910 9th ST SE
Auburn, W A 98002
253-931-3043
13.10 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.
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 ofthe Agreement.
13.11 This Agreement may be executed in multiple counterparts, each of
which shall be one and the same Agreement and shall become
Resolution 3750 - Exhibit I
Agreement for Professional Services
July 15,2004
Page 11 of 12
Resolution 3750 - Exhibit 1
Agreement for Professional
July 15, 2004
Page 12 of 12
Services
ATTEST
Federal Tax ID#
JGM Landscape Architects
Print Name:
Title:
- Of)"J'l.9~~
CONSULTANT
Date
CITY OF AUBURN
of the parties
effective when one or
and delivered to the other party.
more counterparts have been assigned by each
8
7
6
5
4.
3
2
Meet with the City's representative to review the existing survey and master planes), walk
the site and discuss specific program ideas, needs, current cemetery operations and
services, trends and aspirations for the Master Plan Update.
Research and review information about the site and prepare a site analysis that identifies
the site's constraints and opportunities. The analysis will include but not be limited to:
soils, vegetation, slope, hydrology, wildlife, zoning, regulated wetlands and associated
administrative buffers, access, utilities and other factors. Deliverable: A site analysis
diagram.
Prepare a Preliminary Development Program bubble diagram) based on the site analysis
and our initial meeting with the City's Representatives. Deliverable: Preliminary Bubble
Diagram on a site based map. All of the proposed program elC;m1ents would be included.
Meet with the City's Representatives and members of the Cemetery Board to review the
Site Analysis and the Preliminary Development Program to present and discuss our
findings and initial impressions. Conduct a brief workshop to develop additional
alternatives that will incorporate staff and Board input. Discuss economic return factors.
Develop 2 preliminary Schematic Master Plan Alternatives and rough-order-ofmagnitude
cost estimates. Prepare thumbnail sketches of key features. Deliverables: 2 Master Plan
Alternatives (11" x 17"), preliminary estimates, and sketches (8 W' x 11") and return on
investment scenarios.
Meet with City Representatives and Cemetery Board members and the City Council
Municipal Services committee to review and discuss the Schematic Master Plan
Alternatives, estimates and sketches. Select a preferred Alternative and discuss possible
modifications for consideration. Review cost estimates and discuss rate(s) of return on
investment scenarios for refinement.
Prepare the Master Plan Update based on the Board's "preferred" Schematic Master Plan
Alternative. Develop appropriate sketches, detail plan and elevations for the
chapeVmausoleum building and other design features. Develop an opinion of probable
construction costs and prepare a rate of return strategy in support of the master plan update.
Prepare a materials board for the new structure(s). Deliverables: the aforementioned
graphic elements will be free hand drawings rendered in color and mounted on 24" x 36"
boards. Other deliverables are as previously described.
Participate in a presentation to the Mayor and City Council.
1
CTS
Mountain View Cemetery Master Plan Update (#C407-A)
Scope of Services
Exhibit A
JGM Landscape Architects will provide the following services and submit the specified
deliverables:
Total
Estimated Compensation
$18,375.00
Subtotal
JGM Markup 15%
Estimated Maximum Reimbursable Expenses
$51.00
$391.00
$391.00
Mileage:
Reprographics
Su lies/Foam Core
220 Miles
Allow
Allow
$70.00
$250.00
$20.00
$340.00
@ $.35
Reimbursable Expenses:
*does not include reimbursable expenses
Estimated Maximum Fee
$17,984.00*
Hours (Subtotal)
x Hourly Rates
Subtotals
1
2
3
4
5
6
7
8
4
8
4
3
12
3
18
3
55
$98.00
$5,390.00
3
8
8
3
32
3
36
3
96
$114.00
$10,944.00
12
$75.00
$900.00
-
8
4
-
4
2
6
$125.00
$750.00
#
Ted Wall
Proi. Mgr
Dave McNeal
Desi Lead
Craig Lewis
Estimator
Lewis Architects
Ross Jamieson
Scope of
Service Task
Estimate
Hours:
Fee Proposal
Exhibit B
Mountain View Cemetery Master Plan Update (#C 407-A)
CTS
Mountain View Cemetery Master Plan Update (#C-407-A)
Schedule
Exhibit C
. Notice-to-Proceed August 3, 2004
. Kick Off Meeting August 3,2004
. Site Analysis/Program Review Meeting August 17, 2004
With Cemetery Board (Task #4)
. Master Plan Alternatives Review Meeting September 20, 2004
With Cemetery Board and City Council
Municipal Services Committee (Task #6)
. Master Plan Presentation to the October 4, 2004
City Council (Task #8)