HomeMy WebLinkAbout3260RESOLUTION NO. 3260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF AUBURN AND THE
LOGGIA GROUP, PLLC, TO COMPLETE A MASTER SITE PLAN, SCHEMATIC
DESIGN, AND COST/REVENUE ESTIMATES FOR CONSTRUCTION AND
OPERATION OF A MAUSOLEUM AT MOUNTAIN VIEW CEMETERY.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
WHEREAS, the Cemetery Comprehensive plan, adopted by the City Council in
1990, identifies the need for a facility in which services and inurnments can take place at
Mountain View Cemetery; and
WHEREAS, the Endowed Care Fund interest will be used to design and construct
such a facility at Mountain View Cemetery; and
WHEREAS, the City needs to meet the needs of citizens by providing an
increasing number of options for the final services of loved ones;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVE THAT:
Section 1. The Mayor of the City of Auburn is herewith authorized to execute
an Agreement for Professional Services between the City of Auburn and the Loggia
Group, PLLC, to complete a master site plan, schematic design, and cost/revenue
estimates for the construction and operations of a building to be located at Mountain
View Cemetery for niche inurnments and chapel services. A copy of said Agreement is
Resolution No. 3260
August 25, 2000
Page 1 of 2
attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in
full herein.
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 9 day of September, 2000.
ATTEST:
Ikt :40/.1i/
Danielle Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
Resolution No. 3260
August 25, 2000
Page 2 of 2
CITY OF AUBURN
agpli,4(
CHARLES A. BOOTH
MAYOR
Resolution 3260 Exhibit "A"
}UL
AGREEMENT FOR PROFESSIONAL SERVre
t IS fl L'/
AUG 1 7 2000
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 Loggia
Group, PLLC, whose address is 3800 -A Bridgeport Way West, No. 2, University Place, Washington
98466 (Telephone: 253 -564 -1957) 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.
The CONSULTANT shall familiarize himself with the Mountain View Cemetery
Comprehensive Master Plan, dated January, 1990, as prepared by Gaynor Landscape
Architects/Designers, Inc. Although the particular statistical information contained in the
Plan is dated, the Cemetery conceptual information of the site analysis, development, and
orientation is appropriate and applicable to the Mausoleum.
CONSULTANT shall complete a master site plan, schematic design, and
cost/revenue estimates for the construction and operation of a building to be located at
Mountain View Cemetery for niche inurnments and chapel services. Two (2) public
meetings will be scheduled by CITY for CONSULTANT'S presentation of Phase I work
to the Cemetery Board and/or City Council. Should the CITY decide to continue
working with CONSULTANT for Phase II, an addendum to this contract will be
produced for the development of construction drawings /specifications and construction
administration.
Master site plan to be updated to show how the proposed design options will fit with the
prior Master Plan provided by Gaynor Landscape Architects. Any pertinent as -built
Agreement for Professional Services
August 9, 2000
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conditions not shown on the Gaynor Master Plan will be delineated by the City for
incorporation into the Consultant's plans.
Phase I
Site Planning
Work to include site analysis and building layout. Design will include a parking
layout for 6 — 10 vehicles, a chapel that will serve 35 — 50 people, and interior /exterior
niche units. A minimum of two options are to be prepared by CONSULTANT and
presented for review.
CITY will provide adequate survey data for completion of this phase of work.
CONSULTANT to allow fourteen (14) working days for receipt of CITY'S survey data.
The City will provide plans showing property boundaries, woodland areas, pertinent
utility locations and sizes or capacities, wetland boundaries as well as the specific
topographical characteristics. The City will provide the anticipated buffer requirements
for site features including wetlands and sensitive areas.
Schematic Design
CONSULTANT shall develop site plans, floor plans, ceiling plans, and plans for
building elevations and building sections. Design shall show basic structural system,
interior elements, building materials, roof pitches, and utilities. CONSULTANT shall
develop views from the building to the surrounding area.
CONSULTANT shall prepare a colored rendering of the building and surrounding
landscape.
2. TERM.
Work to be completed 180 days from the execution date of this contract.
The Consultant will provide a schedule to the City for approval that indicates how the
services will be completed within 180 days. The City will advise the Consultant of the
amount of time required for review and approvals to generally meet this schedule. The
Agreement for Professional Services
August 9, 2000
Page 2 of 11
Consultant and Owner agree to complete this work within the time limits, except for
reasonable cause.
3. COMPENSATION.
Our fees for the project based on Scope of Work will not exceed $10,000. Progress
payments shall be made monthly.
Breakdown of fees to include:
Site Planning $ a,
Schematic Design $7 co 7
Reimburseables $ b a (To include reprographics, delivery
services, postage, telephone, mileage, etc.) The Consultant will provide up to 3 copies of each
document as required for progress of the work, including proofs if required. Originals of
documents for publication, including distribution will be available to the City for reproduction at
the City's expense. If the City requests, the Consultant will provide copies of originals at his cost
plus 10 %.
In the event services beyond those specified in the Scope of Work, and not included in
the compensation listed in this agreement are required, a contract modification shall be
negotiated and approved by the CITY prior to any effort being expended on such services.
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 and the requirements of the CITY.
Agreement for Professional Services
August 9, 2000
Page 3 of 11
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.
5. INDEMNIFICATION /HOLD HARMLESS.
The CONSULTANT shall indemnify and hold the CITY and its officers and employees
harmless from and shall process and defend at its own expense all claims, demands, or suits at
law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any
of its obligations under this Agreement; provided that nothing herein shall require the
CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims,
demands or suits based solely upon the conduct of the CITY, their agents, officers and
employees and provided further that if the claims or suits are caused by or result from the
concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their
agents, officers and employees, this indemnity provision with respect to (1) claims or suits based
upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be
valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of
the CONSULTANT'S agents or employees. The provisions of this section shall survive the
expiration or termination of this Agreement.
6. 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.
Agreement for Professional Services
August 9, 2000
Page 4 of 11
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 ONE MILLION DOLLARS ($1,000,000) 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 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
Agreement for Professional Services
August 9, 2000
Page 5 of 11
pay no progress payments under Section 3 until the CONSULTANT has fully complied with this
section.
8. 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 specified in this Section and
information compiled in providing services to the CITY under the terms of this Agreement.
Reuse by the CITY of any of the drawings, computer discs, documents, records, books,
specifications, reports, estimates, summaries and such other information and materials on
extensions of this project or any other project without the written permission of the
CONSULTANT shall be at the CITY'S sole risk.
Agreement for Professional Services
August 9, 2000
Page 6 of 11
10. 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.
11. GENERAL PROVISIONS.
11.1. 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.
11.2. 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.
11.3. 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.
11.4. 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.
Agreement for Professional Services
August 9, 2000
Page 7 of 11
11.5. 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.
11.6. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
11.7. If any provision of this agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Agreement for Professional Services
August 9, 2000
Page 8 of 11
ATTEST:
Dance le E. Daskam, City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds, City Attorney
Agreement for Professional Services
August 9, 2000
Page 9 of 11
CITY OF AUBURN
W),_001_e
Charles A. Booth, Mayor
Date �--Q‘ -00
Loggia Group, PLLC,
3800 — A Brideport Way West, No. 2
University L ace, Washington 98466
BY:
TITLE:
biA
STATE OF WASHINGTON )
ss
Federal Tax ID # 7
COUNTY OF King )
On this 1711' day of 4--utu,st , 2000, before me, the undersigned, a Notary
Public in and for the State of Washington, personally appeared Plo f i S fro r d
to me known to be the Manger of 64,59 la G,^o, yob PL L c
the (corporation, sole proprietorship, partnership, or individual)
who executed the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said (corporation, sole proprietorship, partnership, or
individual), for the uses and purposed therein mentioned, and on oath stated that he /she is
authorized to execute said instrument on behalf of said (corporation, sole proprietorship,
partnership or individual).
IN WITNESS WHEREOF, I have hereunto
date hereinabove set forth.
Agreement for Professional Services
August 9, 2000
Page 10 of 11
set my hand and affixed my official seal the
Oesit&z-
NOTARY PUBLIC in and for the State of
Washington, residing at /1') ∎ ) 0
MY COMMISSION expires 3 -Pf -o9
STATE OF WASHINGTON )
COUNTY OF King )
ss
On this 4/(' day of , 2000, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
eitemi,, la > and to me known to be
the Mayor and City Clerk, respectively, of the City of Auburn, a municipal corporation, and the
corporation that executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that they are authorized to execute the said instrument and that the seal affixed
is the corporate seal of said corporation. -
WITNESS my hand and official seal hereto affixed the day and year first above written.
Agreement for Professional Services
August 9, 2000
Page 11 of 11
NOTARY PUBLIC in and for the State of
Washington, residing at • Goo .
MY COMMISSION expires i i - 9 l.3