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WASHINGTON
Agenda Sub ject Resolution No. 3697 (Auburn Environmental Park
Date:
Project - Professional Services A regiment
2/25/2004
Department: Planning
Attachments: Resolution No.3697
Budget Impact:
Administrative Recommendation:
City Council adopt Resolution No. 3697.
Background Summary:
ECOSS will support the City with the following goals: (1) to ensure broad community understanding and
acceptance of the Auburn Environmental Park Project, and (2) to research and evaluate potential funding
opportunities and position the City to submit grant proposals for the project. ECOSS will evaluate the
range of technical, legal, and fiscal challenges that face the project, and will work closely with the City's
staff and other consultant resources to ensure a coordinated and efficient process that accomplishes the
City's goals.
ECOSS was established in 1994 as a non-profit resource and referral service for businesses and
members of the Duwamish community. ECOSS has grown significantly in response to community needs,
serving more than 2500 families and 1200 businesses. ECOSS has grown in geographic scope, working
with jurisdictions and businesses as far away as Tacoma and Portland. Much of ECOSS' work involves
neighborhood planning and implementation, including most recently the South Park/Duwamish Habitat
Revival Project
Envirolssues will partner with ECOSS to meet the City's needs for outreach and funding research within a
short timeframe. Envirolssues is a 25 -person, woman -owned consulting firm specializing in community
outreach and issue resolution on issues ranging from natural resources to community infrastructure.
Resolution No. 3697 (attached) would authorize the Mayor and City Clerk to execute a professional
services agreement with ECOSS in the amount not to exceed $25,000.00 to provide community outreach
and funding analysis support for the Auburn Environmental Park Project.
A scope of work is attached. The contract seeks to conclude this effort by December 31, 2004.
PCDCIRES 3697 L0301-4 A3.16.7, 05.2
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ® Planning
❑ Park Board ❑ Public Works
❑ Legal ❑ Police
® Planning Comm. ❑ other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑ No
Council Approval: ❑Yes ❑No Call for Public Hearing 1 1
Referred to Until 1 1
Tabled Until 1 1
Councilmem ber: Singer Staff: Krauss
Meeting Date: March 1, 2004 Item Number:- Vi I I . B.7
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO. 3 6 9 7
A RESOLUTION OF THE CIN COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND THE CIN CLERK TO EXECUTE AN AGREEMENT
FOR PROFESSIONAL SERVICES BETWEEN THE CIN
OF AUBURN AND ENVIRONMENTAL COALITION OF
SOUTH SEATTLE (ECOSS) FOR THE AUBURN
ENVIRONMENTAL PARK PROJECT
WHEREAS, the City of Auburn desires to enhance existing wetlands in
the in thep ortion of the City north of West Main Street and south of 15th Street
NW between SR 167 and the Interurban Trail; and
WHEREAS, the City Council of the City of Auburn seeks to develop
viable concepts for water quality improvement, fish and wildlife habitat
enhancement, storm water detention and flood control, visual enhancement,
and passive public recreation and education within the site, known as "Auburn
Environmental Park"; and
WHEREAS, the city Council of the City of Auburn, Washington desires
to ensure broad community understanding and acceptance of the Auburn
Environmental Park Project, and to research and, evaluate potential funding
opportunities and position the City to submit grant proposals for the project;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
----------------------------
Resolution No. 3697
February 13, 2001
Page 1
Section 1. The Mayor and the City Clerk of the city of Auburn are
hereby authorized to execute an Agreement for Professional Services with the
Environmental Coalition of South Seattle, to provide community outreach and
funding support for the Auburn Environmental Park in a form in substantial
conformity with the Agreement attached hereto, designated as Attachment "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 March, 2004.
CITY of AUBURN
MAYOR
ATTEST:
Danielle E. Daskam,
City clerk
APPROVED AS TO FORM:
-a"O'n i e I . _ -.
City Attorney
--------------------------
Resolution No. 3697
February 13, 2001
Page 2
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to
as "CITY" and with the Environmental Coalition of South Seattle (ECOSS), whose
address is 8201 1 oth Avenue South, Seattle, WA 98108, hereinafter referred to as
"CONSULTANT",
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
I . 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. All work under this Agreement shall be completed by
December 31, 2004.
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.
3. COMPENSATION.
The CONSULTANT shall be paid by the CITY for services rendered under this
agreement as provided hereinafter. Such payment shall be full compensation for work
performed or services rendered and for all labor, materials, supplies, equipment and
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Agreement for Professional Services
Environmental Coalition of South Seattle
February 25, 2004
Page 1 of 12
incidentals necessary to complete the work. All billings for compensation for work
performed under this agreement will list specific project titles, actual time (days and/or
hours) and dates during which the work was performed and the compensation shall be
figured using the rates ib Exhibit B, "Schedule of charges". The CITY shall promptly
notify the CONSULTANT of any disputed amounts invoiced to the CITY. 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.
Payment shall be on a time and materials basis for the services associated with
each task in Exhibit A. The amounts under each task may vary; however, the total
amount of the contract shall not exceed twenty-five thousand dollars ($25,000.00).
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.
4. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs,
drawings, specifications, reports and other services performed by the CONSULTANT
under this Agreement. The CONSULTANT shall, without additional compensation, ;
correct or revise any errors, omissions or other deficiencies in its plans, designs,
drawings, specifications, reports and other services required. The CONSULTANT shall
perform its services to conform to generally accepted professional standards and the
requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services.
Agreement for Professional Services
Environmental Coalition of South Seattle
February 25, 2404
Page 2 of 12
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.
5. INDEMNIFICATIONMOLD 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 ibi the CITY, their agents, officers and employees, this
indemnity provision with respect to (1) claims or suits based upon such negligence, (2)
the costs to the CITY of.defending such claims and suits, etc. shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of
the CONSULTANT'S agents or employees. The provisions of this section shall survive
the expiration or termination of this Agreement.
6. INDEPENDENT CONTRACTORMSSIGNMENT.
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.
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Agreement for Professional Services
Environmental Coalition of South Seattle
February 25, 2004
Page 3 of 12
7. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage
to property which may arise from or in conjunction with services provided to the CITY by
the CONSULTANT, its agents, employees or 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
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
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Agreement for Professional Services
Environmental Coalition of South Seattle
February 25, 2004
Page 4of 12
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.
S. NONDISCRIMINATION.
The CONSULTANT may. not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or
where there is the presence of any sensory, mental or physical handicap.
9. 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
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Agreement for Professional Services
Environmental Coalition of South Seattle
February 25, 2004
Page 5 of 12
specified in this Section and information compiled in providing services to the CITY
under the terms of this Agreement.
10. 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 "(b)" of this certification; and
(d) Have not within athree-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.
Agreement for Professional Services
Environmental Coalition of South Seattle
February 25, 2004
Page 6 of 12
11. 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.
12. GENERAL PROVISIONS.
12.1. 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.
12.2. 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.
12.3. 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.
__-------------------- ------------..___--_-_-_
Agreement for Professional Services
Environmental Coalition of South Seattle
February 25, 2004
Page 7 of 12
12.4. 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.
12.5. 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.
12.5. 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.
12.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement,
12.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force -and effect.
12.9. This Agreement shall be administered by Charles Cunniff, Executive
Director, 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: Eric Hagen
25 W Main Street
WA 98001
Phone: 253.288.7432
Fax: 253.804.3114
E-mail: ehagen@ci.auburn.wa.us
ECOSS
Attn: Charles Cunniff
8201 1 otn Avenue South Auburn
Seattle, WA 98108
Phone: 206.757.0432xxxx
Fax: 206.767.0203
E-mail: charlie@ecoss.org
12.10. 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
Agreement for Professional Services
Environmental Coalition of South Seattle
February 25, 2004
Page 8of12
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 12.9, 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.
12.11. 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.
Agreement for Professional Services
Environmental coalition of South Seattle
February 25, 2004
Page 9 of 12
CITY OF AUBURN
Peter B Lewis, Mayor
Date
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B.. Heid, City Attorney
M
Title:
Federal Tax ID #
Agreement for Professional Services
Environmental Coalition of South Seattle
February 25, 2004
Page 10 of 12
EXHIBIT B
SCHEDULE OF CHARGES
Environmental Coalition of South Seattle and Envirolssues
Billing Rates Effective January 1, 2004 — December 31, 2004
Hourly rates
Charlie cunniff.................................................. 1100-00
Sarah Brandt ................................................ .....$ 02.00
Graphic Design............. ,................................. $ 00.00
Clerical..............................................................$ 45.00
The hourly rates will include direct labor costs, overhead costs, and all indirect costs of
ECGSS and Envirolssues such as office equipment, computer use, and telephone etc.
Direct Non -Salary Reimbursable Expenses
• Reproduction Fees
• Communication Fees
• Mileage at $0.37.5/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.
Schedule of Charges
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 (i.e.: progress payment.# 10).
• Invoice date.
• Period of time invoice covers.
City's project manager listed.
• The hour(s) per person broken down by tasks) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proof) along with type of work done (i.e.: design,
right-of-way, or construction) or task order number.
• Direct salary (base salaries)
• Indirect salary (benefits)
• Direct non -salary (Le.: mileage, reproduction fees (Le.: 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).
• Invoices for previous year are due by January 15�h.
• For grant/special funded projects there might be other special information needed,
reference the LAG manual.
SAMPLE INVOICE
City of Auburn Invoice #: 5222
25 West Main Progress Payment #: 2
Auburn VIIIA 98041 Invoice Date: February 10, 2002
Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm
Agency Agreement #: AG -C-010 Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel _
Hours Hourly Rate
_ Amount
Amount
Mike Jones, Principal in Charge
1 $125.00
$125.00
$1,000.00
Carla Maker, Architect
5 $ 72.00
$144.00
$ 500.04
Joe Smith, Word Processing
--1 - - 48.00
---$480.00
$1,000.00 MRF*
Consultant Personnel Sub Total:
2
$749.40
$ 100.40
Expenses see attached documentation Char es
Multiplier
Total
Mileage ($0.345/mile):
20 miles
x 1.1
$ 7.59
Communications:
$30.04
x 1.1
$33.04
Printing:
$29.00
x 1.1
$31.90
Consultant Expenses Sub Total:
$72.49
Consultant Total:
SUB CONSULTANTS
$821.49
Subconsultant see attached documentation
Hours
Hourly Rate
Amount
ABC ENVIRONMENTAL, INC., Civil Engineer
10
$100.00
$1,000.00
ELECTRICAL CONSULTING, Electrical Engineer
5
$100.00
$ 500.04
MECHANICAL SOLUTIONS, Mechanical Engineer
10
$100.00
$1,000.00 MRF*
MOVING COMPANY, Moving Consultant
2
$100.04__
$ 100.40
Subconsultant Sub Total:
MRF*
$2, 500.00
$2,500.00
x 1.1 Multiplier:
$1,000.00
40%
$ .260.00
Subconsultant Total:
$2,00-00
_..._..._.._.._.._.._.._.._.._......_.._.._.._..-.._.._.._.._.._.._..._.._.._. _.._.._....._ _ ._ ... ._. _.._. _.._ .
TOTAL DUE THIS INVOICE $3,681.49
CONTRACT BREAKDOWN
Task
Amount
Authorized
Prior
Invoiced
This
Invoice
Total Invoiced
To date
%
Expended
% Amount
Completed Remaining
Original
Contract
$22 000.40
$1,025.00
$2,681.49 ..�
$31706.49
20%
25%_ � $181293.51
MRF*
$2, 500.00
$0.00
$11000.00
$1,000.00
40%
45% $1,500.00
TOTAL $24,500.00
$1,025.00
$3,681.49
$4,706.49
$19,793.51
Note: MRF=Management Reserve Fund
* Received a written authorization of MRF on 1110101 for Mechanical Engineer task in the amount
of $2,000.00.