HomeMy WebLinkAboutHistory Experience Project/David Spangler
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CITY OF AUBURN AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into on this 8h day of September, 2010, by and
between the City of Auburn, a municipal corporation of the Sta.te of Washington, hereinafter
referred to as "City" and, History Experience Project, a David T. Spangler Company, PLLC,
' hereinafter referred to as the "Consultant."
WITNESSETH:
WHEREAS, the City is interested in collecting and recording historical information and -
mapping services of the City of Auburn, and is in need of services of individuals, employees or
firms for work on said project; and,
WHEREAS, the City desires to retain the Consultant to provide certain services in
connection with the City's work on said project; and,
WHEREAS, the Consultant is qualified and able to provide services in connection- with :
the City',s needs for the above-described work/project, and is willing and agreeable to provide
such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services.
The Consultant agrees to perform in a good and professional manner the tasks described
on Exhibit "A" attached heieto and incorporated herein by this reference. (The tasks
_ described on Exhibit "A" shall be individually referred to as a"task," and collectively
referred to as the "services.") The Consultant shall perform the services : as an
independent contractor and shall not be deemed, by virtue of this Agreement and the
perforinance thereof, to have entered into any partnership, joint venture, employment or
other relationship with the City. 2. Additional; Services.
From time to time hereafter, the parties hereto ma.y -agree to the performance by the
Consultant of additional services with respect to related work or projects. Any.such
agreement(s) shall be set forth in writing and shall be executed by the respective parties
prior to the Consultant's performance of the services there under, except as, may be
provided to the contraryin Section 3 of this Agreement. Upon proper completion and ,
execution of an addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and shall have the same force and effect asif the-terms
of such addendum were a part of this, Agreement as originally executed. The
performance of services pursuant'to an addendum shall be subject to the terms and
conditions of this Agreement except where the addendurn provides to the contraiy, in
which case the terms and conditions of any such addendum shall control: In all other,
respects, any addendum sha11 supplement and be construed in accordance with the terms
and conditions of this Agreement:
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3. Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than those
described on Exhibit "A" are desired by the City and the time period for the completion
of such services makes the execution of addendum impractical prior to the
. commencement of the Consultant's performance of the requested services. The
Consultant hereby agrees that it shall perform such services upon the oral request of an
authorized representative of the City pending execution of an addendum, at a rate of
compensation to be agreed to in connection therewith. The invoice procedure for any
such additional services shall be as described in Section 7 of this Agreement.
4. Consultant's Representations.
` The Consultant hereby represents and warrants that he has all necessary licenses and
certifications to perform the services provided for herein, and is qualified to perform such
services.
5. Citv's Responsibilities.
The City sha11 do the following in a timely manner so as not to delay the services of the
Consultant:
a.. Designate in writing a person to act as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define tfie City's policies and
decisions with respect to the services.
b. Furnish the Consultant with a11 information, criteria, objectives, schedules and
standards for the project and the services provided for herein. .
c: Arrange for access to the property or facilities as required for the Consultant to
_ perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
doctunents prepared by the Consultant and render decisions regarding such
documents in a timely manner to prevent delay of the services.
6. Acceptable Standards.
The Consultant shall be responsible to provide; in connection with the services
contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City.
7. Compensation. As compensation for the Consultant's performance of the services provided for herein,
the City shall pay the Consultant_ the fees and costs specified on Exhibit "A" attached
hereto and made a part hereof (or as specified in an addendum) and. is not to exceed
fifteen thousand dollazs ($15,000) without furfher written permission from the City. The
Consultant shall submit to the City an invoice or statement of time spent on tasks
included in the scope of work provided herein,. and the City sha11 process the invoice or
statement in the next billing/claim cycle following receipt of the invoice or statement, and
shall remit payment to the Consultant thereafter in the normal course, subject to any
conditions or provisions in this Agreement or addendum.
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8. Time for Performance and Term of Agreement.
- The Consultant shall perform the services provided for herein in accordance with the
direction and scheduling provided on Exhibit "A", unless otherwise agreed to in writing
. by the parties. The Term of this Agreement sha11 commence on the date hereof or on the
8t' day of September, 2010, and shall terminate upon completion of the performance of
the scope of work provided herein, according to the schedule provided on Exhibit "A"
attached hereto, unless otherwise agreed to in writing by the parties.
9. Ownership and Use of Documents. A11 documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the Consultant as part of his performance of'this Agreement (the "Work Products") shall
be owned by and become the property of the City, and may be used by the City for aay purpose beneficial to the City.
10. Records Inspection and Audit.
A1T comperisation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement sha11 be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
11: Confinuation of Performance.
. In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Consultant agrees that, riotwithstanding such dispute or conflict, the Gonsultant
shall continue to make a, good faith effort to cooperate and continue work towazd
successful completion of assigned duties and responsibilities.
12. Administration of Agreement.
This Agreement sha11 be administered by David T._Spangler, 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 sha11 be served on or mailed to the following
addresses:
Citv of Auburn Consultant
Auburn City Hall David T. Spangler Company, PLLC
25 West 1Vlain 319 Pike Street NE
Auburn, WA 98001-4998. Auburn,. WA 98002-4633 253 931-3000 FAX 253 931-3053 253-333-7045
13.. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail,' posta.ge prepaid, for mailing by certified mail, returri
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
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Any party may change his, her or its address by giving notice in writing, sta.ting his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
section of the Agreement.
14. Indemnification.
The Consultant shall indemnify, defend and hold the City and its officers, agents and
employees, or any of them harmless from any and~all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, including attorney fees, by any
reason of or arising out of the act or omission of the Consultant, its officers, agents,
employees, or any of them relating to or arising out of the performance of this Agreement
except for injuries and damages caused by the sole negligence of the City. ` If a fmal
judgment is rendered against the City, its offieers, agents, employees and/or any of them,
; or jointly against the City and the Consultant and their respective officers, agents and .
employees, or any of them, the Consultant shall' satisfy the same to the extent that such
judginent was due to the Consultant's negligent acts or omissions.
Tt is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title
51 RCW; solely for the purposes of this indemnification. This waiver has been mutually . negotiated by the parties. The provisions of this section shall survive the expiration or
termination ofthis Agreement.
15. Assignment• Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto. No assignment or
transfer of any interest under this Agreement sha11 be deemed to release the assignor from
any liability , or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
16. Amendment. Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made im writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representa:tive(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
Nothing herein sha11 limit the remedies or rights of the parties hereto under and pursuant
to this Agreement. .
17. Ternuna.tion and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice.
to the Consultant if the services provided for herein aze no longer needed from the
Consultant.
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If this Agreement is terminated through no fault of the Consultant, the Consultant shall be
compensated for services performed prior to termina.tion in accordance with the rate of
compensation provided in Exhibit "B" hereof.
18. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section sha11 not be deemed to pernut any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
19. Coststo Prevailing Partv.
In the event of such litigation or: other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the. prevailing parties shall be entitled to receive its
reasonable costs and attomey's fees.
20. Applicable Law.
Thi"s Agreement and the rights of the parties hereunder shall be govemed by the
interpreted in accordance with the laws of the State of Washington and venue for any
. action hereunder shall be in of the county in Washington State in which the property or
'projeet is located, and if not site specific, then in King County, Washington; provided,
however, that it is agreed and understood that any applicable statute of limita.tion shall
commence no later than the substantial completion by the Consultant of the services. 21. Captions, Headings and Titles.
All captions, headirigs or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only. and shall : not constitute a part of this
Agreement or act as a limitation of the scope of the particulaz paragraph or sections to
which they apply. As used herein, where appropriate, the singular sha11 include the plural
and vice versa and masculine, feminine and neuter expressions shall be interehangeable.,
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
22. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason wha:tsoever, such illegality or invalidity shall not a.ffect
the validity of the remainder of this Agreement.
23. Entire AQreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respectto such subject matter.
24. Counterparts.
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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.
IN WITNESS WHEREOF, the paxties hereto have caused this Agreement to be executed
effective the day and yeaz first set forth above.
CI Y + SULTANT -
Peter B. Lewis; Mayor David T. Span er, O er
Attest:
~
Danielle E. Daskam City Clerk
App v to form:
. . el B. ity Attorney
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Corporate ?
STATE OF WASHINGTON )
) ss.
COUNTY OF kd.Li Q4 )
ON THIS day of 6t;'PTOM RE1Z ZW o1e~, before me, personally
appeared _IMV 1[l ILl L-a1and - , to
me known to be the and
o€ the Contractor; the party(ies) who executed - the corporationlcompany that executed the within and
foregoing insirument, and acknowledged.said instrument to be his/her/their the free and voluntary act and
deed of said corporation/compcmy, for the uses and purposes therein mentioned, and on oath stated that
they were authorued to ezecute said instrument. . GNEN under my hand and official seal this day of ~ ~Q. 299-_LI,D 10
' ' L~J ,
TARY PUBLIC in d4jdfYr the State of
ptl4p
y Washington, residirig at
My Commission Expires:
% :tA;Ay iO48~~ tk /IO _
, 129-1`'
~oF Wp'S~. ~
.
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Eghi6it A
Scope of Services and Fees.
The mission of this project is to collect and record the knowledge of local historians David
Grambush and Pat Cavanaugh have concerning the businesses ori Auburn Main Street from the
past. We will also include major commercial business near downtown. Consultant will
consolida:te photos, maps, directories and other information from various sources into a
presentable format for posterity. Phase I. Videotaped interview with local hnstorians David Grambush & Pat Cavanaugh
1. Pre-uaterview meeting with DavicD Grambush & Pat Cavanaugh to discuss agenda and
review resources
a. Resources Provided: Draft Agenda, 1904, 1921 & 1945 Sanborn maps, photos,
directories
b. Schedule: 2:00.PM September 8, 2010
c,_ Location: Andie's Cafe on Main St, Auburn d. Deliverable: Revised agenda
e. Time Est'imate: , 2 hours for interview, prep.& follow-up
f. Labor Costs: $50 per hour
Materials: Printin~ of 3 large scale maps at Reprographics NW
$25:00 .
. h. Labor Costs: 100.00
$125.00
2. Formal vndeotaped interview with David Grambush & Pat Cavanaugh to discuss
agenda amd reyiew resources. Consultant will go over the 1904, 1921 and 1945 base maps
and match up businesses on the maps and in the appropriate directory with photographs. Key
tliese in color and to an index. The map area is from the Puget Sound Electric Rail line to the
west: and to the east to I Street to show Auburn High School location. From the north above
3`d Street NW to include the Northern Clay Company arid to 6th Street SE in the south to
include the Norkhem Pacific Raikoad Palmer Cut-off line. Consultant will generate a generic
sketch from descriptioris if needed.
a. Additional Reseazch:
1. Need copy of _1909 Polk directory.
2. Need good copies ofthe approximately 12 photos from the White River
Valley Museum without "property ofl" on face, where they hinder
identification of tfie buildings.
3. Laser Print; 8x10 at.$5.00/print could be up to 45 prints, notto exceed
$225.00
4. Research time: Need 1 hour $50
b. Resources Needed:
1. City Counsel chambers with a la.Tge ta.ble
2. Assistance of City of Aubum audio/video department that record, meetings
in the counsel chambers.
c. Resources Provided:
' Receipt will be provided with invoice. See attachment B. Printing Costs
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1. Agenda, 1904, 1921 & 1945 Sanborn maps, photocopied photographs,
directories
2. Sketch book, paper. Pens, notebooks, etc.
d. Schedule: Tentative - September 13 - 15, 2010 or September 29 -
October 1 or after
e. Location: City Hall, City Couricil Chambers
f. Deliverable: Videotape_from interview, Annotated maps, directories and
photos will be provided after project completed.
g. Time Estimate: 2 hours for interview; 2 hours prep & follow-up
h. Labor Gosts: $50 per hour
i. Total Costs: 50.00 Additional Research
$200.00 Interview
225.00 Photographs2
$475.00
Draft Agenda - Interview with David :Crrambush & Pat Cavanaugh
1. Locate on the 1904, 1921 & 1945 maps those businesses that were on Main Street and
those off of it that were significant.
2. Buildings we will want to illustiate. See attached suggested list per year.
3. Do you have a photo that shows this building? Can we illustrate it?
4. What was the street address, street name at the time .and current street name &
address
5. Who owned the building and business? Locate it on a map number & circle to an
alphabetical index. (bring circle template)
6. Add personal antidotes and relate stories
7. We will discuss street amenities, awnings, color facades, etc.
8. Are there any sources that I ain missing?
9. Color the map (need colored highlighters) • Yellow for Single Family Residential, Orange for Apartments & Hotels, Pink for
Commercial, Green foi publ'ic buildings and schools, Lt. blue for industrial.
Phase I Total - $600.00
2 Receipt will be provided with invoice. Page 9 of 12
Phase II. Hand Rendered aerial maps
Render three (3) aerial maps for the yeazs 1904, 1921 arid 1945 with businesses located during
the interviews in section I.
1. Create digital base modelfrom current City of Auburn GIS map:
a. Resources Needed:
i. Digital copy of the current City of Auburn GIS department map showing
roads and building outlines as a basis to organize old hand drawn maps. Per
contact Dave Burdick 253-804-5058, request, from City Clerk Dani Das kam,
on Records Request Form, a current Shape file, editable data, compatible with
dwg format of the city limits of the City of Auburn for $100 , two hours '
maximum.
b. Schedule: Depending on availability of GIS model. Tentatively
September 30, 2010
c. Deliverable: CD with copy of digital file
d: Time Estimate: 8 to 12 hours
~ e. " Labor Costs: $50 per how
f. Tota1 Costs: $600.00 Not to Exceed (NTE) labor
110.00 Map from Auburn GIS department3
$710.00
2. 3D massing model for aerial rendering
Set- up with Sanborn rnaps and modify in AutoCAD and Photoshop to add roads and other
missing items. Create 6ase 3D simple massing models in Sketch-up of each significant building, use generic structures for no. significant places. The available photos will determine
the list of buildings and businesses modeled and rendered.
a. Resources Needed:
i. Digital base map listed in item 1 above.
ii. Photos and annotated maps from interviews
iii. Additional photos may be required.
b. Schedule:
i. Eight weeks from competition of digital base, tentatively:
ii. November 19, 2010
c. Deliverable:
i. CD with copy of digital Sketch-up file
ii. 11x17 Bond print of wireframe with shadows of 3 different views of each
model, to get approval of views to use in rendering
d. Time Estimate: 40 hours per map x 3= 120 hours
e. Labor Costs: $50 per hour
j. Total Costs: $6,000.00 NTE labor
3. Render in watercolor/marker/pencil, enhanced and labeled in the computer. Handmade
Rendering done in mixed media opaque watercolor (Goua.che) /marker/pencil. Street Names,
Building, Business names and Census information for nearest available date, 1900, 1920,
1942 added in Photoshop after rendering is completed.
3 Receipt will be provided with invoice. Sales Tax estimated amount may vary. City may decide to provide map to
save overhead & salestax.
Page 10 of 12
a. Resources Needed:
i. Approved views from massing model
ii. Approve titles: Auburn, Washington 1904, etc.
b. Schedule:
i. Three to four weeks from approval of computer views, tentatively .
' i. December 10, 2010
b. Deliverable:
iii. CD with copy of digital PSD file of final labeled rendering
iv. 24 x 36 PriMt of final labeled rendering on glossy presentation paper
c. Time Estimate: 20 hours each = 1,000 x 3=3,000
d. Labor Costs per hour: $50
e. Tota1 Costs: $3,000.00 NTE labor
f. Scanning Costs: 625.01 Scanning, Color matching, Printing4
$3,625.01
III. Map showing the change in the course of the White Rivers over current map.
The outlirie of the rivers from the three maps will be extra:cted from their digital files or
traced and added over the current 2010 City of Auburn GIS map. T`he different routes of
the river will be printed in varyirig shades of blue and pririted as a flat map will show the
changes in course over time. Each course will be identified as to it's. source and year.
a. Resources Needed: a. 1894 USGS Tacoma Quadrangle
b. 1948 Auburn Kroll Map show building outlines and businesses, doth of these
maps are from the _UW Mapping collecfion
b. Resources Provided: .
a. 1867 Meeker Survey
b. 1907 Duwamish-Puyallup River Valley Map
c. Current Aubum GIS map.which show the changes in course of the rivers.
Acquired under item
c. Schedule:
H. Three weeks after completion of rendered aerial maps, tentatively
i. December 30, 2010 '
d. Delivera.ble:
v. CD with copy of digital PSD file offinal labeled rendering
vi. 1- 24 x 36 Print of finallabeled map on glossy presentation paper
e. Time Estimate: 20 hours = 1,000
f. Total Costs: $1,000.00 NTE labor
$25.09 Printing cost from UW Mappings
184.82 Scanning, Color matching, Printing6
$1,209.91
Phase II & III Total - $11,544.92
Consultant will invoice the City_ every. two weeks for payment.
° Receipt will be provided with invoice.
3 Rough price, they said it would not exceed $25, receipt will be provided
6 Ditto, exact amount paid, will be billed. Page 11 of 12
Phase IV: Virtual Auburn
Turn the digital base model into a detailed virtual model with the ability to show motion, change
and adapt the model, change views, do fly-overs, and the ability to add animation.
The virtual model will be interactive, available for use on your web site, and contain information
tags detailing site history.
The base price depending on the complexity is $3,500 to $5,000 per model year. It would be a
rendered 3D model with entourage that fades from one yeaz to the next. You would have a digital
copy to play on the computer or on a monitor in the lobby of City Ha11.
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