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HomeMy WebLinkAbout01-021Resolution No. 01-021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS WITH JEFFERSON COUNTY HISTORICAL SOCIETY FOR FUND RAISING, ARCHITECTURAL SERVICES, PROJECT MANAGEMENT, AND MARKETING MATERIALS, NOT TO EXCEED $92,000, IN CONNECTION WITH THE PROPOSED CITY HALL RESTORATION AND REHABILITATION PROJECT The City Council of the City of Port Townsend, Washington resolves as follows: WHEREAS, the City Council by Resolution 00-059, adopted November 6, 2000, upon recommendation from the Capital Facilities Committee, approved the September 19, 2000 Proposal of the Jefferson County Historical Society ("JCHS") to renovate City Hall in partnership with the City, with initial funding established at a level of $92,000 seed financing to develop a project case for a capital campaign, conduct a financial feasibility study, raise funds for a consultant, and launch a capital campaign; and WHEREAS, Jefferson County Historical Society has by letter dated April 13, 2001 (attached) provided a breakdown of projected costs totaling $92,000, and has made request that the funding be made available in that amount as follows: Fund-raiser $39,000 per attached contract; Architects $31,885 per attached proposal (with draft contract); Project management $16,000 JCHS administrative costs; Marketing materials $ 5,115 includes initial fund-raising materials. Total projected costs: $92,000; and WHEREAS, Jefferson County Historical Society has entered into a contract (attached) with Kenneth E. Leonard Company for $39,000 for, among other things, to clarify vision and develop a draft case statement for capital campaign, conduct a readiness/feasibility review, and launch a campaign to fund restoration; and WHEREAS, Jefferson County Historical Society is negotiating a contract (in preliminary form attached) with Schacht/Aslani Architects for $31,885 for a City Hall Restoration Feasibility Study, 1 Resolution 01-021 NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port Townsend, that the City Manager is authorized to take necessary steps, including entering into necessary contracts on ter~ns approved by the City Manager, with Jefferson County Historical Society, to provide the City contribution to JCHS, not to exceed $92,000, for the following services: Fund-raiser Architects Project management Marketing materials Total projected costs: $39,000 $31,885 $16,000 $ 5,115 $92,000 substantially consistent with attached contract; substantially consistent with attached contract; JCHS administrative costs; includes initial fund-raising materials. ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this 16th day of April, 2001. Geoff Masci, l~ayor Attest: Approved as to Form: John P. Watts, City Attorney 2 Resolution 01-021 JCHS Mission: jEFFERSON COUNTY.HISTORICAL SOCIETY 540 WATER STREET, PORT TOWNSEND, WA 98368 (360) 385-1003 E-mail jchsmuseum@olympus.net Web jchsmuseum.org Fax (360) 385-1042 "To actively discover, collect, preserve, and promote the heritage of Jefferson County in the State of Washington. April 13, 2001 David Timmons, City Manager Waterman-Katz Building 181 Quincy Street Port Townsend, WA 98368 Re: City Hall Project projected costs Dear David, As per our discussion today, below is a breakdown of the projected costs, totaling $92,000 (as approved by City Council 11/6/00) for the fund-raising and architectural feasibility study necessary to start the City Hall Restoration and Rehabilitation Project: Fund-raiser Architects Project management Marketing materials $39,000 31,885 16,000 5,115 per attached contract per attached proposal (with draft contract) JCHS administrative costs includes initial fund-raising materials Total projected costs $92,000 If you have any questions, please contact us. Sincerely yours, Dr. Niki R. Clark Director Contractual Agreement Between Jefferson County HistOrical Society and Kenneth E. Leonard Co. Scope of Work. During this contractual period, Kenneth E. Leonard Co. will provide the following services for JCHS. Work With the board and Staff'of JCHS to clarify vision and to develop a draft case statement for a capital campaign. Conduct a readiness/feasibility review that will include interviews with staffand board, review of fundraising practices, review of past donor performance and interviews and focus groups with key constituents. This will culminate with a written report to the board. Launch campaign to fund restoration and expansion of historic Port Townsend City Hall. This will include: · Prospect research on individuals, foundations and corporations. · Contact, cultivation, and solicitation of foundations and corporations. · Development and writing of foundation and corporate letters of inquiry and grant requests. · Provide consultation and assistance in creation of campaign collateral materials, · On-going consultation with staff and board on building an individual major donor fundraising effort. This work will be carried out in three separate phases or modules for the following fees: Development of vision and draft case to include work with board and staff. $3,000 Readiness and feasibility study to include donor/staff interviews and a written report to the board.* $6,000 Launch3nd carryout campaign, to include: prospect research, corporate and foundation contact, cultivation and solicitation, grant writing, creation of campaign materials and work with staff, board and volunteers on individual prospects. Goal yet to be determined(Jan.-Dec.2001).* $30,000 *These modules are contingent on funding being approved by the City of Port Townsend. Term. The contract term is Sept 1, 2000 through Dec. 31,2001. Payment. Payment for each phase or module will be on the following bases; Vision and draft case $1,000 due Sept 1, 2000 $I,000 due October 1 $1,000 due November I Readiness and feasibility study $ 1,000 due on approval of funding $1,000 due ~ 30 days after first payment $2,000 due ~ 45 days after first payment $2,000 due on presentation of final report to board Launch and carryout campaign, goal to be determined. $2,500 per month January-December 2001. Renewal Both parties agree to negotiate terms of renewal of this contract no later than October 3 l, 2001 Expenses. In addition, JCHS agrees to reimburse for the costs of expenses incurred by the Kenneth E. Leonard Co. in connection with the services (e.g., postage, major duplication, and long distance calls) upon presentation of associated receipts. Travel meals and entertainment will not be reimbursable unless, pre-approved by JCHS and for the explicit purpose of contact with a major donor. Approval of Written Materials. All written materials will be approved by the JCHS board or assigned committee prior to use. Termination. Either party may terminate this contract by giving 60 (sixty) days written notice to the other party. Independent Contractor. The parties hereto acknowledge and agree that in the performance of his obligations hereunder Kenneth E. Leonard shall at all times act in the capacity of an independent contractor and not as an employee, parmer, agent, joint venture or principal of JC HS. The Kenneth E. Leonard Co. may perform services for other customers as it sees fit. Notices. Any notices or other communications required herein shall be given to Harry Dudley, President, JCHS at: 210 Madison Street,. Port Townsend, WA 98368 and to Kenneth E. Leonard Co. at: 32l 10 58~ Place South, Auburn, WA 98001. Dated: //~- ~d9---.2 r-,~O , ~~.~~~. ff~'~ Dated: {2-- X'- ~__,.I~ ~c'z 1 PresCient, Board of Direc ors Jefferson County HistOrical Society Jefferson County Historical Society City Hall Restoration Feasibility Study SchachttAslani Architects 6 February 2001 FEES Project Administration 1. Correspondence and Scheduling 6 0 ! 0 0 ........................................ 2. Owner/Architect Meetings ........................................... ..... Z'-Xiieiiii~'iT ~i?Over~Te~; ........................................ ~- ............. g ..........¥ ............ -0-i ..................................... b. Meeting 2: Review Draft Feasibility Study '~']- ..... -~ ............. 0- .......~5 '" c. Meeting 3: Final Presentation 41 4i 01 0 ................................ 3. Meeting Minutes 0 4 2 0 ........................... 4. Coordination of Architect's consultants 0 0 8 0 'B. Research & Evaluation I. Phot6 documentation of existing conditions ..............., Oi: ' 0-~ ............... 4! 0 2. Building and zoning code review 0 ! 2 ..... '~ ............ O- ........... 3. M~eiing wi~h city g~f¥~i-~is ................... O, 4 ,~i {5 ...................... iC. Project Scoping 1. Feasibility Team Workshops .............. a. Workshop 1: Review/Analysis of Existing Conditions (atJCHS) 6i 6 6i 0 b. Workshop 2: Review Project Scope Options (at SAARCH) 2 4! 4i 0', 2~ I 4 16 2. Prepare narrative technical program/project scope 3. Annotate exist'g drawings to illustrate technical program/project scope :,,-15: ' ~-r o~e-c~- ~-u a~ ~ ............................................................................ r ................................................... : '1-." -C o--~r d i--~ii'~-c-~-ri's-u I t a---n-i"~;-~ s-t-~u-cii~ ~ 2. Prepare project budget ~F. Final Documentation 2. Annotate exsting drawings as provided by JCHS to illustrate project sco 1i 0! 0' 16i 3. Prepare final report - 4' 01 St 01 39 Total Hours 451 78! 32 194 Rate! $95 $95 Sub Total $3,705 $4,275 $75 $65 $5,850 $2,080 $15,910 I. Structural Engineer a. Restoration ofexistingbuilding T ! .... i~"'b~ b. Replicate former third flloor .................... $3,000 2. Mechanical Engineer $1.750 3. Electrical Engineer ............................................................................................ $-1~75'0 ............................. 4. Cost Estimating .......................................................................... ~i]'0-~b ........................ Consultant Subtotal' .... ~- ........................... ' .................... '~-f 5,500-- Reimbursable Expenses ...................................... .... -~' ] -~."}~ o t; g ~:'a-p~} ........................................................................................................ $175 2. Reprographics ..... $300 $475 .............. . ................... ' '5 "_ ...... '7. ii l_i 25;1.' . 721'. 7ZZT77.L_T ..... 'i ............... Total $31,885 H E A M E R I C A N I N S T I T U T E 0 F ^ g C H I T E C T AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1988 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Nineteen Hundred and BETWEEN the Owner: (Name and address) day of ~n the year of and the Architect: (Name a~d address) For the following Project: (Include detailed description of Project, location, address and scope.) The Owner and the Architect agree as set forth below. Copyright 1972, 1979, ©1988 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permlssion of the fiSlA violates the copyright taws of the United States and will be subject to legal prosecution. AIA DOCUMENT B727 · OWNER.ARCHITECT AGREEMENT * 1988 EDITION · AIA® ,, ©1988 ~ THE AMERICAN INSTITUTE OF ARCHITECTS, I'~35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyflght laws and is subject to legal prosecution. B727-1988 ARTICLE 1 ARCHITECT'S SERVICES. there lLvt those seruices to be proutded by the Architect under the Terms and Conditions of this Agreement. Note under each serutce lt$ted the method and means of compensation to be used, if applicabl~ a~ provided it; Article 8.) AIA DOCUMENT B727 * OWNER-ARCHITECT AGREEMENT * 1988 EDITION · AIA® · ©1988 · THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution, B727-1988 ,2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 matter in question not described in the written consent or with a person or entity not named or described therein. The OWNER'S RESPONSIBILITIES foregoing agreement to arbitrate and other agreements to arbi- trate with an additional person or entity duly consented to 2.1 The Owner shall provide full information regarding by the parties to this Agreement shall be specifically enforce- requirements for the Project. The Owner shall furnish able in accordance with applicable law in any court having required information as expeditiously as necessary for the jurisdiction thereof. orderly progress of the Work, and the Architect shall be enti- tled to rely on the accuracy and completeness thereof. 4.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance 2.2 The Owner shall designate a representative authorized with applicable law in any court having jurisdiction thereof. to act on the Owner's behalf with respect to the Project. The Owner or such' authorized representative shall .render deci- sions in a timely manner pertaimng to documents submitted ARTICLE 5 by the Architect in order to avoid unreasonable delay in the TERMINATION OR SUSPENSION orderly and sequential progress of the Architect's services. I ARTICLE. 3 ~ J<r-, I 5.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party c.-g. fail substantially to perform m accordance with the terms of /USE OF ARCHITECT'S DOCUMENTS ] this Agreement through no fault of the party initiating the The/~oc~ ..... ~ .... termination. a.1 e. documents prepared by the Architect for this Prop ect are instruments of the Architect's service for use solely 5.2 If the Owner fails to make payment when due the Archi- with respect to this Project and, unless otherwise provided, tect for services and expenses, the Architect may, upon seven the Architect shall be deemed the author of these documents days' written notice' to l:he Owner, suspend performance of and shall retain all common law, statutory and other reserve8 services under this Agreement. Unless payment in full is rights, i~cluding the copyright.. The Owner shall be permit- received by the Architect within seven days of the date of the ted to retain copies, including repr6ducible copies, of the notice, the suspension shall take effect without further notice. Architect's documents for the Owner's information, reference Ir~ the event of a suspension of services, the Architect shall and use in connection with the Project..The Architect's docu- have no liability to the Owner for delay or'damage caused ments shall not be used by the Owner or others on other proj- the Owner because of such suspension Of services. ects, for additions to this Project or for completion of this 5.$ In the event of termination not the fault of the Architect, Project by others, unless the Architect is adjudged to be in the -Architect shall be compensated for services performed default under ~this Agreement, except, by agreement in'writing prior to termination, toge~lqer with Reimbursable Expenses and with appropriate compensation to the Architect. ' then due and all Termination Expenses as defined in Paragraph 5.4. ARTICLE 4 5.4 Termination Expenses shall be computed as a percentage ARBITRATION of the compensation earned to the time of termination, as . f6il0ws: 4.'I Claims, disput.es or other matters in question'betwee'i~ the ?'1 For Services provided on the basis of a multiple of parties to this Agreement arising out of or relating to this Direct Personnel Expense, 20 percent of the total Agreement or breach thereof shall be subject to and decided Direct Personnel Expense incurred to the time of ter- by arbitration in accordance with the Construction Industry mination; and Arbitration Rules of the American Arbitration Association. cur7 .2 For services provided on the basis of'a stipulated sum, rently in effect unless the parties, mutually agree otherwise. 10 percent of. the stipulated sum earned to the time 4.2 A demand for arbitration shall be made within a reason- of termination. able time after the. claim, dispute or other matter in question has arisen. In no event shall the deman~l for :irbitration be ARTICLE 6 made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in ques- MISCELLANEOUS PROVISIONS tion would be barred by the applicable statutes of limitations. 6.1 Unless otherwise provided, this Agreement shall be gov- 4.3 No arbitration arising out of or relating to this Agreement erned by the law of the principal place of business of the shall include, by consolidation, joinder or in any other man- Architect. net, an additional person or entity not a party to this Agree- - ment, except by written consent containing a specific refer- 6.2 Causes of action between the parties to this Agreement ence to this Agreement signed by the Owner, Architect and pertaining to acts or failures to act shall be deemed to have any other person or entity sought to be joined. Consent to accrued and the applicable statute of limitations shall corn- arbitration involving an additional person or entity shall not mence to run not later than the date payment is due the Archi- constitute consent to arbitration of any claim, dispute or other tect pursuant to Paragraph 8.4. AIA DOCUMENT ~7~,7 ,~ OWNER-ARCHITECT AGREEMENT · 1988 EDITION · AIA® · ©1988 "THE AMERICAI'~ INSTITUTE OF ARCHITECTSi 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B~27-1988 3 WARNING: Unlicensed photocopying violates U,S, copyright laws and is subject to !egal. prosecution, 8.3 The OWner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor ArChitect shall assign this Agreement without the written consent of the other. 8.4 This Agreement represents the entire and integrated agree- ment between the Owner and Architect 'and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by writ- ten instrument signed by both Owner and Architect. 8.$ Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 8,8 Unless otherwise provided in this Agreement, the Archi- tect and Architect's consultants shall have-no responsibility for the discovery, presence, handling, removal or disposal of or exposure.of persons to hamrdous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 7 PAYMENTS TO THE ARCHITECT 7.1 DIRECT PERSONNEL EXPENSE 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. 7.2 REIMBURSABLE EXPENSES 7.2.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the Archi- tect and Architect's employees and consultants in the interest of the Project for: .1 expense of transportation and living expenses in con- nection with out,of-town travel authorized by the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities hav- ing jurisdiction over the Project; .4 reproductions; .5 postage and handling of documents; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .? renderings and models requested by the Owner; .8 expense of additional coverage or limits, including professional liabilitY insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; and .9 Expense of computer-aided design and drafting equipment time when used in c.onnection with the Project. 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES r 7.3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon presen- tation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 7.3.2 An initial payment as set forth in Paragraph 8.1 is the minimum payment under this Agreement. 7.4 ARCHITECT'S ACCOUNTING RECORDS 7.4.1 Records of Reimbursable Expenses and expenses per- taining to services performed on the basis of a multiple of Direct Personnel Expense shail be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF Dollars ($ ) shall be made upon execution of .this Agreement and credited to the Owner's account at final payment. 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as follows: (Insert Oasis of compen~ation, including stipulated sum.% multiples or percelataages, and identify the seroices to which particular rt~thoc~s of compert$ation apply, if necessary.) AIA DOCUMENT B727 * OWNER-ARCHITECT AGREEMENT ~, 1988 EDITION ,~ AIA® * ©1988 * THE 4 B727-1988 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and i$ subject to legal prosecution. 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable Ex- penses, a multiple of ( ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 8.4 Payments are due and payable ( ) days from the date of the Architect's invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of bu.viness, the location of the Project and elsewhere mal~ affect the validity of this provision. Specific legal advice should be ohtainect with respect to deletions or modifications, and also regarding other requirement~ such as written disclosures or waivers.) 8.15 IF THE SCOPE of the' Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) (Printed name and title) (Printed name and title) CAUTION: You should sign an original AIA document Which has ;~his caution prir`~ed'ir, red. An original assures that changes will not be obscured as may occur when documents are r;produced. AIA DOCUMENT ~727 * OWNER-ARCHITECT AGREEMENT * 1988 EDITION * AIA® · ©1988 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B727-1988 5 WARNING: Unlicensed ohotocoovim] violates U.S. coavrlaht laws and is sublact to I~.l aro~tlz~n_