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RESOLUTION NO. 4 0 4 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH RICE FERGUS
MILLER ARCHITECTURE AND PLANNING, L.L.P. FOR
THE PURPOSE OF COMPLETING FIRE STATION
PLANNING AND DESIGN
WHEREAS, the City of Auburn is engaged in various municipal functions,
including fire protective services; and
WHEREAS, in order to provide for such services, it is appropriate that the
City construct a new fire station on A Street SE;
WHEREAS, in order to provide for such services, the City has negotiated
a contract with Rice Fergus Miller Architecture and Planning for completing the
planning and design for the new fire station, and the City has determined that
Rice Fergus Miller Architecture and Planning is able and qualified to provide the
services necessary, at a cost that is acceptable to the City.;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Agreement for
Professional Services with Rice Fergus Miller Architecture and Planning, L.L.P.,
in substantial conformity with the agreement attached hereto, marked as Exhibit
"1" and incorporated herein by this reference.
Resolution No. 4047
June 16, 2006
Page 1
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
Dated and Signed this
.~
"---/
-,
PETER B. LEWIS
MAYOR
ATTEST:
~a~!:)y C+-a(]~
Danfelle E. Daskam,
City Clerk
Resolution No. 4047
June 16, 2006
Page 2
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-284
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 Rice Fergus Miller Architecture and Planning, L.L.P. whose address
is 262 - 4th Street, Bremerton, Washington, 98337, 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 A, attached and by this reference made part of this Agreement.
2. TERM.
The CONSULTANT shall not begin any work under this Agreement until
authorized in writing by the CITY. The work identified by this Agreement is anticipated
to be completed in the years 2006 and 2007. This Agreement shall terminate on
December 31, 2006, and shall be amended by both parties for succeeding years as
required to complete the work.
The established completion time shall not be extended because of any delays
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.
~ 'Iocf7
Agreement for Professional Services AG-C-284
Page 1 of 11
June 26, 2006
3. COMPENSATION.
The CONSULTANT shall be paid by the CITY for completed services rendered
under the approved Scope of Work identified in Exhibit A. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials,
supplies, equipment and incidentals necessary to complete the work. The
CONSULTANT shall submit an itemized invoice to the CITY prior to payment, in a form
similar to that attached as Exhibit C of this Agreement.
Compensation for the work identified will be on a time and material basis, not to
exceed the following totals for the current year and succeeding years combined.
Phase 1 - Site Analysis Services for Station 33
Phase 2: - Design And Construction Documentation
$ 53,900.00
For Station 33
$ 570,500.00
$ 624,400.00
Total Authorized Compensation
Compensation for work performed shall be based on the Schedule outlined in
Exhibit B of this Agreement. Exhibit B is attached hereto and by reference made a part
of this Agreement. Compensation to be paid to the CONSULTANT for authorized work
in succeeding years will be contingent upon availability of funds.
Compensation shall include all consultant expenses including, but not limited to,
overhead, profit and direct non-salary. The CONSULTANT shall be paid by the CITY
for direct non-salary cost, per Exhibit B, at the actual cost to the CONSULTANT plus
10%. 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
Agreement for Professional Services AG-C-284
Page 2 of 11
June 26, 2006
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 has established 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 $ 25,000. 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.
5. SUBCONTRACTING.
The AGENCY permits subcontracts for those items of work necessary for the
completion of the project. The CONSULTANT shall not subcontract for the
performance of any work under this AGREEMENT without prior written permission of
the AGENCY. No permission for subcontracting shall create, between the AGENCY
and subcontractor, any contractor or any other relationship.
Compensation for any subconsultant work is included in Section 3 of this
Agreement and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
Agreement for Professional Services AG-C-284
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June 26, 2006
outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this AGREEMENT.
6. 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 architectural
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 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.
7. INDEMNIFICA TION/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; 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
Agreement for Professional Services AG-C-284
Page 4 of 11
June 26, 2006
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.
8. 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.
9. 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 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 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
Agreement for Professional Services AG-C-284
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June 26, 2006
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 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.
1 o. 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.
Agreement for Professional Services AG-C-284
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June 26, 2006
11. 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.
12. 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
Agreement for Professional Services AG-C-284
Page 7 of 11
June 26, 2006
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 "(b)" 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.
13. 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 other information and materials as the CONSULTANT
may have accumulated, prepared or obtained in performing this Agreement, whether
completed or in process.
Agreement for Professional Services AG-C-284
Page 8 of 11
June 26, 2006
14. GENERAL PROVISIONS.
14.1. 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.
14.2. 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.
14.3. 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 continue to make a good faith effort to
cooperate and continue work toward successful completion of assigned duties and
responsibilities.
14.4. 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.
14.5. 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.
14.6. Should it become necessary to enforce any term or obligation 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.
Agreement for Professional Services AG-C-284
Page 9 of 11
June 26, 2006
14.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
14.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
14.9. This Agreement shall be administered by David A. Fergus, 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 Finance Department Rice Fergus Miller Architecture &
Planning, LLP
Attn: Shelley Coleman Attn: David A. Fergus
25 West Main Street 262 - 4th Street
Auburn WA 98001 Bremerton, WA 98337
Phone: 253.804.5019 Phone: 360.377.8773
Fax: 253.876.1900 Fax: 360.792.1385
E-mail: scoleman@auburnwa.gov E-mail: dfergus@rfmarch.com
14.10. 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 14.9, 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 of the Agreement.
Agreement for Professional Services AG-C-284
Page 10 of 11
June 26, 2006
14.11. 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 signed by each of the parties and delivered to the other party.
CITY OF AUBURN
~~
Peter B Lewis, Mayor
7 It) I dG
Date
ATTEST:
Date
Federal Tax ID # M - ~(p -, +q 17
Agreement for Professional Services AG-C-284
Page 11 of 11
June 26, 2006
EXHIBIT A
SCOPE OF WORK
During the term of this AGREEMENT, Rice Fergus Miller, LLP. (Consultant) shall perform
professional services for the City of Auburn (City) in connection with the following project:
Fire Station #33 Design
4910 A Street SE
PROJECT DESCRIPTION
The purpose of this project is to continue the work previously conducted by the Consultant titled
"Programming and Planning Services for Four New Fire Stations," issued November 4, 2005.
The Fire Station #33 Design Project entails finalizing the preliminary design elements for this
station, as well as developing the full construction document package for construction of this
station in southeast Auburn. Additional services, including construction assistance, bond
acquisition assistance, and public involvement may be negotiated and included in future
amendments to this Agreement.
PHASE 1 : SITE ANALYSIS SERVICES FOR STATION 33
Task 1: Geotechnical Engineering Review
The Consultant shall obtain the services of a professional geo-technical engineering firm
to develop a Geotechnical Engineering Report that will be used as a basis for design
and construction recommendations. Development of the Report will require site
investigations and engineering analyses/evaluations. Consultant shall review and
coordinate information and assess impacts to the Project.
Deliverables: Draft Geotechnical Report (2 copies)
Final Geotechnical Report (1 bound copy, 1 unbound copy)
Task 2: Site Survey
Consultant shall obtain the services of a licensed professional land survey and procure a
topographic and boundary survey, including easements, of the Station 33 property
located on A Street SE. Surveyor will also survey offsite roadways as needed to connect
to existing sewer main, and any flagged areas determined by the Wetlands/Fish Habitat
review noted below. Consultant shall review and coordinate information and assess
impacts to the Project.
Deliverables: 1 "=20' scale Base Maps (hard copy and electronic AutoCAD format)
Copies of Field Books and Measure-downs (1 copy)
Agreement for Professional Services AG-C-284
Exhibit A
Page 1 of 4
June 26, 2006
Task 3: Civil Engineering
The Consultant shall obtain the services of a professional civil engineer. Services shall
include: schematic design for the Station site, based on detailed geotechnical, and
survey information. Consultant shall review and coordinate information and assess
impacts to the Project. Civil Engineering Preliminary Drawings will include site layout,
erosion control, paving, grading, storm, water, sanitary, and street improvement plans.
Details of site information will not be provided with the Preliminary Drawings.
Deliverables: Preliminary Site Drawings (1 full-size & 3 half-size)
Task 4: Wetlands/Fish Habitat Review
The Consultant shall obtain the services of a wetlands biologist to investigate potential
wetlands and fish/animal habitats and setbacks along the northern boundary of the site.
Biologist will flag any found areas for inclusion on the project survey. Consultant shall
review and coordinate information and assess impacts to the Project.
Deliverables: Draft Wetlands/Fish Habitat Report (2 copies)
Final Wetlands/Fish Habitat Report (1 bound copy, 1 unbound copy)
Task 5: Traffic Engineering Review
The Consultant shall obtain the services of a professional traffic engineer. Services shall
include investigation of traffic issues related to the station and assessment of A Street
and potential signalization requirements or other traffic mitigation measures. Consultant
shall review and coordinate information and assess impacts to the Project.
Deliverables: Draft Traffic Assessment Report (2 copies)
Final Traffic Assessment Report (1 bound copy, 1 unbound copy)
Task 6: Pre-application conference
The Consultant's services shall include: Preparation and collection of documents as
needed to obtain a pre-application conference with City of Auburn Building and Planning
departments. Consultant and consultant's civil engineer will attend and participate in
pre-application conference. Consultant shall review and coordinate information and
assess impacts to the Project.
Deliverables: Meeting Notes from Conference
Task 7: Project Coordination and Completion
Consultant shall coordinate all tasks and sub-consultant activities. Upon completion of
these services, Consultant will assemble all work products and deliverables into a final
report (3-ring binder format). Consultant would participate in one presentation of the
final plan as requested by the City.
Deliverables: Draft Final Report (2 copies)
Final Report (2 bound copies in 3-ring binder, electronic copy in PDF
format)
Agreement for Professional Services AG-C-284
Exhibit A
Page 2 of 4
June 26, 2006
Task 8: Update Cost Estimate
Consultant shall obtain the services of a professional cost estimator and update the
existing cost estimate with input from the civil, traffic, and structural engineers. Building
will not be re-estimated unless facility program is revised. Consultant shall review and
coordinate information and assess impacts to the Project.
Deliverables: Draft (Updated) Project Cost Estimate (2 hard copies, electronic copy)
Final Project Cost Estimate (2 hard copies, electronic copy)
Task 9: Structural Review
Consultant shall obtain the services of a professional structural engineer to review the
project in the event that geotechnical investigations indicate that standard spread
footings and slabs-on-grade are not feasible for the structure. Consultant shall review
and coordinate information and assess impacts to the Project.
Deliverables: Draft Structural Assessment Report (2 copies)
Final Structural Assessment Report (1 bound copy, 1 unbound copy)
PHASE 2: DESIGN AND CONSTRUCTION DOCUMENTATION FOR STATION 33
Task 1: Schematic Design
The Architect shall provide Schematic Design Documents based on the mutually
agreed-upon program, schedule, and budget for the Cost of the Work. The documents
shall establish the conceptual design of the Project illustrating the scale and relationship
of the Project components. The Schematic Design Documents shall include a
conceptual site plan, if appropriate, and preliminary building plans, sections and
elevations. At the Architect's option, the Schematic Design Documents may include
study models, perspective sketches, electronic modeling or combinations of these
media. Preliminary selections of major building systems and construction materials shall
be noted on the drawings or described in writing. The Architect's regular services shall
include civil, structural, mechanical, and electrical engineering.
Deliverables: Schematic Design Drawings (1 full-size & 3 half-size)
Task 2: Design Development
The Architect shall provide Design Development Documents based on the approved
Schematic Design Documents and updated budget for the Cost of the Work. The
Design Development Documents shall illustrate and describe the refinement of the
design of the Project, establishing the scope, relationships, forms, size and appearance
of the Project by means of plans, sections and elevations, typical construction details,
and equipment layouts. The Design Development Documents shall include
specifications that identify major materials and systems and establish in general their
quality levels. The Architect's regular services shall include civil, structural, mechanical,
and electrical engineering.
Deliverables: Preliminary Design Drawings {:t60% complete} (1 full-size & 3 half-size)
Agreement for Professional Services AG-C-284
Exhibit A
Page 3 of 4
June 26, 2006
Task 3: Construction Documents
The Architect shall provide Construction Documents based on the approved Design
Development Documents and updated budget for the Cost of the Work. The
Construction Documents shall set forth in detail the requirements for construction of the
Project. The Construction Documents shall include Drawings and Specifications that
establish in detail the quality levels of materials and systems required for the Project.
The Architect's regular services shall include civil, structural, mechanical, and electrical
engineering. The Architect shall assist the Owner in applying for building and land-use
permits relating to Station 33 and its site.
Deliverables: 95% Design Drawings (2 full-size, 5 half-size copies)
95% Contract Provisions (3 copies)
99% Design Drawings (2 full-size, 5 half-size copies)
99% Contract Provisions (3 copies)
Final Design Drawings (1 full-size original sealed mylar, electronic
AutoCAD 2006 files)
Final Contract Provisions (1 original unbound, electronic MSWord files)
ADDITIONAL SERVICES
The following items of work may be performed on a time and material basis from the
Management Reserve Fund, as agreed to with the City of Auburn:
1) Architectural revision or modification to the Station 33 exterior design or interior
layout.
2) Additional meetings or presentation to City.
3) Public Involvement Assistance
4) Bond Development Assistance
5) Other tasks as directed by the City of Auburn.
Agreement for Professional Services AG-C-284
Exhibit A
Page 4 of 4
June 26, 2006
EXHIBIT B
FEE SCHEDULE
RICE FERGUS MILLER ARCHITECTURE AND PLANNING, L.L.P.
CHARGES: Charges for employees are determined by the hourly rates listed below and
include all costs for direct salary, overhead and profit. Charges for reimbursable expenses are
specified below.
Labor (Personnel) Category Hourly Rate Labor (Personnel) Category Hourly Rate
David Fergus $170/hr
Partner -in-Charge
Edward McManamna $100/hr
Project Manager / Architect
Howard Struve $90/hr
Staff Architect
Jeremy Southerland $90/hr
Project Designer
Bob Miller-Rhees $135/hr
Quality Control Manager
Jamie Osterman $75/hr
Interior Designer
Reuben Rios $75/hr
Staff Architect
Shawn Dinkuhn $55/hr
Administrative Support
Personnel Labor Rates 2006-2007
Expense Rates
Expense Category
Billing Rate
$0.445/mile
Cost
Cost + 10%
Cost + 10%
Cost + 10%
Cost + 10%
Mileage
Internal Pay Items
Outside Photocopies/Printing
Transportation by Public Carrier
Outside Services or Subconsultants
Outside Materials and Supplies
Agreement for Professional Services AG-C-284
Exhibit B
Page 1 of 1
June 26, 2006
EXHIBIT C
CONSULTANT INVOICES
Consultant invoices should contain the following information:
. On consultant letterhead.
. A cover letter stating the status of each task. This should include items completed, percent
completed during the billing period and completion along with funding status.
. Internal invoice number and/or sequential numeric number (Le.: progress payment # 10).
. Invoice date.
. Period of time invoice covers.
. Consultant Agreement # (Le.: AG-C-284).
. Project number(s) listed (i.e.: MS790).
. City's project manager listed.
. The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proof) along with type of work done (Le.: design,
right-of-way, or construction) or task order number.
. Direct non-salary (Le.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.:
telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The City
does not pay for consultant meals unless part of a task requires travel outside of the greater
Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is
to be attached to invoice. Project managers are to inform consultants as to what is required for
break down information and if backup information is to be attached. Break out the same for
subconsultant charges.
. Previous and remaining base contract amounts left in each task and total contract - total
authorized amount (bottom line figure). Add amendments to this base contract amount for total
authorized amount.
. Percentage of work completed to date compared to total amount of work (if required by the project
manager).
. Status of Management Reserve Fund (MRF) (Le.: a certain task) until we can get an amendment in
place.
. Invoices for previous year are due by January 15th.
. For granUspecial funded projects there might be other special information needed.
Agreement for Professional Services AG-C-284
Exhibit C
Page 1 of 2
June 26, 2006
SAMPLE INVOICE
City of Auburn Fire Department Invoice #: 5222
1101 D Street NE Progress Payment #: 2
Auburn, WA 98002 Invoice Date: February 10, 2002
Attn: Russ Vandver (Fire Chief) Project Name: Fire Station Relocation Plan
Agency Agreement #: AG-C-284 Project #: MS790
Architectural! Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel
Mike Jones, Principal in Charge
Carla Maker, Architect
Joe Smith, Word Processino
Consultant Personnel Sub Total:
Hours
1
5
10
Hourlv Rate
$125.00
$ 72.00
$ 48.00
Expenses (see attached documentation) CharQes
Mileage ($0.375!mile): 20 miles
Communications: $30.00
Printino: $29.00
Consultant Expenses Sub Total:
Consultant Total:
SUB CONSULTANTS
Subconsultant (see attached documentation)
ABC ENVIRONMENTAL, INC., Civil Engineer
ELECTRICAL CONSULTING, Electrical Engineer
MECHANICAL SOLUTIONS, Mechanical Engineer
MOVING COMPANY, Movino Consultant
Subconsultant Sub Total:
x 1.1 Multiplier:
Hours
10
5
10
2
Subconsultant Total:
Amount
$125.00
$144.00
$480.00
$749.00
Multiplier
x 1.1
x 1.1
Hourlv Rate
$100.00
$100.00
$100.00
$100.00
Total
$ 7.59
$33.00
$31.90
$72.49
$821.49
Amount
$1,000.00
$ 500.00
$1,000.00 MRF*
$ 100.00
$2,600.00
$ 260.00
$2,860.00
.._.._.._.._..__._.._.__.._.._.._.._.._.._.._.._.._.._.._.._.__.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._..__._.._.._.._.._.._.._.._.._.._.._.._.._..____.._.._.._.._.._.._.__.._.._0__.._.._..____
"_"_"__'_"_"_"_"_"_"_"_h_.._.._.__.._.._.._.._!.g-,!~!:_p~~__'!!:I!~__I.~y'Q~~~__.._.._.._..____.._.._.._.._.._..__~~!.~~_~.._~_~_'_"_"_"____"____"_"_"_______h_
CONTRACT BREAKDOWN
Amount Prior
Task Authorized Invoiced
Original
_gg_~!~~_~L~?1!QQQ:QQ_____11!Q_?_~~Q-~..
MRF* $2,500.00 $0.00
TOTAL $24,500.00 $1,025.00
This
Invoice
Total Invoiced % % Amount
To Date Expended Completed Remaining
..__._h.~?!~~L49___.. .._~_~11Q~.:.1.~..____?_Q~o..
$1,000.00 $1,000.00 40%
$3,681.49 $4,706.49
25%
.........-.........-..........-..............-....
45%
l1_~!?~_~:.?_:L_.__.mmm .
$1,500.00
$19,793.51
Note: MRF=Management Reserve Fund
* Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of
$2,000.00.
Agreement for Professional Services AG-C-284
Exhibit C
Page 2 of 2
June 26, 2006
AMENDMENT NO. 1 TO AGREEMENT NO. AG-C-284 BETWEEN
THE CITY OF AUBURN AND
RICE FERGUS MILLER ARCHITECURE AND PLANNING, L.L.P.
RELATING TO PROJECT NO. CP 0639, AUBURN FIRE STATION NO.3/3
MENDMENT is made and entered into this ~ ~ day of ~s~-~.~,~~,
THIS A L-
200~'~ ., by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington (hereinafter referred to as the "CITY"), and Rice Fergus Miller Architecture
and Planning L.L.P. (hereinafter referred to as the "CONSULTANT"), as an Amendment
to the Agreement between the parties for AG-C-284 executed on the 1st day of July
2006.
The changes to the agreement are described as follows:
CONTRACT TERM: The term of the Agreement for Professional
Services is revised as follows:
The Design portion of the work identified in this agreement is expected
to be completed in 2007, with construction substantially occurring in
2008. This agreement shall terminate on June 30, 2009.
2. SCOPE OF WORK: The scope of work remains unchanged.
3. COMPENSATION: The compensation remains unchanged.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement
between the parties for AG-C-284 executed on the 1stday of June 2006, shall remain
unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first above written.
Rice -Fergus -Miller
Arcl~ectur~tand,Planning, L.L.P.
CI
S
1.
l
Peter B. Lewis, Mayor
A , EST•
Da •elle E. Daskam, Auburn City Clerk
Appr d o f r
niel B. , A urn Ci Attorney
Amendment No. 1 for Agreement No. AG-C-284 Page 1 of 1
David A. Clark Architects, PLLC
-~ 3,16 ,3
AMENDMENT NO.2 TO AGREEMENT NO. AG-C-284 BETWEEN
THE CITY OF AUBURN AND
RICE FERGUS MILLER ARCHITECURE AND PLANNING, L.L.P.
RELATING TO PROJECT NO. CP 0639, AUBURN FIRE STATION NO. 33
HIS AMENDMENT is made and entered into this %~ ~ day of
200, by and between the CITY OF AUBURN, a municipal
cor oration of the State of Washington (hereinafter referred to as the "CITY"), and
Rice Fergus Miller Architecture and Planning L.L.P. (hereinafter referred to as the
"CONSULTANT"), as an Amendment to the Agreement between the parties for
AG-C-284 executed on the 1 st day of July 2006.
The changes to the agreement are described as follows:
CONTRACT TERM: The term, as amended, of the
Agreement for Professional Services remains unchanged.
2. SCOPE OF WORK: The scope of work is revised as follows:
Perform an initial site assessment review of the "Wetlands Park"
site for a potential Fire Station location. The assessment is to be
based upon the approximate program and characteristics upon
which the current Fire Station #33 design is based. The intent is
to determine the initial feasibility of pursuing placement of such a
station upon the site, including physical fit, civil development
issues, and property or regulatory impediments and challenges.
Provide a report addressing the feasibility of use of the site,
issues and challenges involved, and major impediments.
3. COMPENSATION: The Compensation is revised as follows:
The compensation for the above service will be paid on a time
and material basis, not to exceed $12,000, and in accordance
with the provisions and procedures specified in the original
Agreement.
Total Authorized Compensation is increased from $624,400 to
$636,400.
REMAINING TERMS UNCHANGED: That all other provisions of the
Agreement between the parties for AG-C-284 executed on the 1St day of June
2006, shall remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as
of the day and year first above written.
Amendment No. 2 for Agreement No. AG-C-284 Page 1 of 1
David A. Clark Architects, PLLC
Rice -Fergus -Miller
Archit~ture anal Planning, L.L.P.
By:
Print N me
Amendment No. 2 for Agreement No. AG-C-284
David A. Clark Architects, PLLC
CI F AUBURN.
_~
~ ~----,.
~..--- ~
Peter ewis, Mayor
ATTEST:
D ielle E. Daskam,
Auburn City Clerk
pr e f m
aniel B. id,
Auburn City Attorney
Page 2 of 1