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HomeMy WebLinkAbout21-163 - J. A. Brennan Associates, LLC - Design Services: Chinook Wind Public Access ProjectCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-163 (d) Council Approval N/A CONTRACT FOR SERVICES Amendment # 4 Between the City of Tukwila and J.A. Brennan Associates That portion of Contract No. 21-163 between the City of Tukwila and J.A. Brennan Associates, PLLC is hereby amended as follows: Section 4: Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $22,918.00 without express written modification to the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $167,185.30 without express written modifications of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of 17( „&e, fAr— , 20 045Z3 CITY OF TUKWILA DS DocuSigned by: -DocuSigned 19 at& ft_litA) 1F89FE091328402... Allan Ekberg, Mayor 12/12/2023 1 2:36 PM Pskinted Name: ATTEST/AUTHENTICATED DocuSigned by: aViSfbi 01-1FLOLV411 4g4GB494.E-7 APPROVED AS TO FORM DocuSigned by: 4 2CUIVCI ,----DocuSigned Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 I..",11.,r.� r 206, r, �1i!ii i ( rr ja bT r November 9, 2023 Scope of Work Chinook Wind Interpretive Signage Prepared For: City of Tukwila I Public Works Schedule: • The goal is to have signage installed by April 30, 2024 • Assume the start date of November 21, 2023 • Signage artwork will be complete by March 15, 2024, for delivery to Fabricator. • The contract completion date is May 31, 2024 TASK A — ADMINISTRATION/COORDINATION Administration tasks include meeting coordination, scheduling, contract administration, and subconsultant administration costs and expenses for two interpretive signs and one welcome sign. TASK B — MEETINGS This task includes involvement in and preparing for client and team meetings. Meetings include kick-off meetings, check-in calls, and review meetings with the client, appropriate jurisdictions and the community. (Potential increase of hours if meeting with Stakeholders/Tribe) Deliverables: Project Design Brief TASK C — DEVELOPMENT AND INTERPRETIVE SIGN TEMPLATE This task involves the development of parameters for an interpretive sign template. The parameters include size, color, layout, font, and logo. The template design process will consist of a draft, review, and final. A template will establish a cohesive signage design for the Chinook Wind interpretive signage based on the WRIA 9 Interpretive Signage Plan and Design document by Partners in Design/Lennox lnsites. Deliverables: Interpretive sign template TASK D — INTERPRETIVE SIGN DESIGN The layout of the interpretive sign will be based on the template developed in Task C. Signage themes will be developed with the client. The client will provide text for each sign appropriate to the theme and layout. Signage artwork submittals include a preliminary draft, 50% completion, and 100% design completion. The final design files will be appropriate for fabrication by others. Specifications and coordination will be done by the sign panel fabricator selected by the City. Fabrication costs will be paid to the Fabricator by the City. Deliverables: Camera-ready art for two interpretive signs and one welcome sign to Fabricator ASSUMPTIONS • The City will provide coordinated, consolidated review comments at specified checkpoints. • The City will coordinate installation of the interpretive signs with the Contractor. • The City will execute a purchase order contract with the Fabricator. • Others will be responsible for sign installation. • Coordination with Tribes is not included in the scope of work. See Exhibit B: Fee Matix attached for specific products and scope items. 2 EXHIBIT B Client: City of Tukwila Project: Chinook Wind Signage Design J.A. BRENNAN ASSOCIATES, PLLC November 9, 2023 WORK DESCRIPTION ITEM Rate VS ,: SY. Designer Admin $125 $125 Total JAB Hours Total JAB Labor Total Total Total MB JAB EA. Brennan Expenses Labor Ex w/ Markup Total Total Lennox Subs Markup Grand Total Insites Chinook Wind Interpretive_2023-11-09_VS.xls,Chinook Wind 23-11-0911/9/2023 Fee Proposal A 1 Administration /Coordination ob set-up _ 1 1 $ 125 $20 $145 $145 $0 $0 $145 2 Progress reports 1 1 2 $250 $20 $270 $270 $0 $0 $270 3 Prepare invoices 1 i 1 2 $350 $20 $370 5370 $0 $0 $370 Total Meetings (Check in calls with city project manager (up to 5, 1 -hr meetings) j 1 - - _ 0 0 0 " ''.... 1 6 6 3 =II 5 6 7 ® $750 $975 $60 $20 520 $785 $770 5995 $785 5828 $1,041 50 $575 $460 $0 $575 $460 $0 558 $46 $785 8 $1403 51,501 1 ''.... 2 Coordination review Meetings With City and Stakeholders (up to 4 1 hr meetings) 1 Total 1 0 0 0 12 0 $40. 51,765 51,869 $1035 51,035 5104 $2,904 C Development and Interpretive Sign Template 8 9 51,171 $20 $1,306 $1,150 $1,150 $2,456 1 Interpretive theme and template development $1,191 Total I 0 0 0 '. 8 0 9 51,171 520 51,191 51,306 $1,150. 51,150 $2,456 D Signage Design _ _ 8 12 21 $2,579 52,579 $0 $0 $2,579 1 Collect images/create artwork and write draft and final text ( for 2 signs)all $2,559 520 2 Draft Park user welcome sign panel layout (1 signs, size 24x36) 8 8 17 52,059 $20 $20 $20 $20 $2,079 $1,385 $1,385 $3,304 52,079 51,385 51,385 $3,362MEE MEM MEE $0 $0 $0 $575 $0 $0 $0 $58 $2,079 $1,385 $1,385 $3,937 3 50% Park user welcome sign panel layout (1 signs, size 24x36) 100% Park user welcome sign panel layout (1 signs, size 24x36) 1 IIM 4......... 4'', 8 ............... 6 6 16 11 11 26 51,365 $1,365 53,284 ',.... 4 5 Draft interpretive sign layout (2 signs, size 24x36) 6 50% Interpretive panels (2 signs) 1 4,... 12 17 $2,115 $20 $2,135 $2,193 ® $575 $58 $2,768 7 100% Interpretive panels (2 signs) includes design files ready for fabrication 1 4'. 12 17 52,115 $20 $2,135 $2,181 $460 $460 $46 $2,641 Total 1 0 7 40 '.. 72 0 138 514,862 5140 $15,002 $15,163 $1,610 51,610 5161 $16,773 TOTAL PROJECT © 0 8 ,9 ®mmgra mu mattia misaiat my m Chinook Wind Interpretive_2023-11-09_VS.xls,Chinook Wind 23-11-0911/9/2023 Fee Proposal . a.. IIS. a.n. 1 Id I stili November 9, 2023 Scope of Work Chinook Wind Interpretive Signage Prepared For: City of Tukwila 1 Public Works Schedule: • The goal is to have signage installed by April 30, 2024 • Assume the start date of November 21, 2023 • Signage artwork will be complete by March 15, 2024, for delivery to Fabricator. • The contract completion date is May 31, 2024 TASK A — ADMINISTRATION/COORDINATION Administration tasks include meeting coordination, scheduling, contract administration, and subconsultant administration costs and expenses for two interpretive signs and one welcome sign. TASK B — MEETINGS This task includes involvement in and preparing for client and team meetings. Meetings include kick-off meetings, check-in calls, and review meetings with the client, appropriate jurisdictions and the community. (Potential increase of hours if meeting with Stakeholders/Tribe) Deliverables: Project Design Brief TASK C — DEVELOPMENT AND INTERPRETIVE SIGN TEMPLATE This task involves the development of parameters for an interpretive sign template. The parameters include size, color, layout, font, and logo. The template design process will consist of a draft, review, and final. A template will establish a cohesive signage design for the Chinook Wind interpretive signage based on the WRIA 9 Interpretive Signage Plan and Design document by Partners in Design/Lennox lnsites. Deliverables: Interpretive sign template TASK D — INTERPRETIVE SIGN DESIGN The layout of the interpretive sign will be based on the template developed in Task C. Signage themes will be developed with the client. The client will provide text for each sign appropriate to the theme and layout. Signage artwork submittals include a preliminary draft, 50% completion, and 100% design completion. The final design files will be appropriate for fabrication by others. Specifications and coordination will be done by the sign panel fabricator selected by the City. Fabrication costs will be paid to the Fabricator by the City. Deliverables: Camera-ready art for two interpretive signs and one welcome sign to Fabricator ASSUMPTIONS • The City will provide coordinated, consolidated review comments at specified checkpoints. • The City will coordinate installation of the interpretive signs with the Contractor. • The City will execute a purchase order contract with the Fabricator. • Others will be responsible for sign installation. • Coordination with Tribes is not included in the scope of work. See Exhibit B: Fee Matix attached for specific products and scope items. i<:,k?,e 12 EXHIBIT B Client: City of Tukwila Project: Chinook Wind Signage Design J.A. BRENNAN ASSOCIATES, PLLC November 9, 2023 WORK DESCRIPTION ITEM Rate Total JAB Labor Total Total Total JAB JAB J.A. Brennan Expenses Labor/Exp w/ Markup Total Total Lennox Subs Markup Grand Total I nsites Chinook Wind Interpretive_2023-11-09_VS.xls,Chinook Wind 23-11-0911/9/2023 Fee Proposal A Administration / Coordination 1 Job set-up 1 1 $125 $20 $145 $145 $0 $0 $145 2 Progress reports 1 1 2 $250 $20 $270 $270 $0 $0 $270 3 Prepare invoices 1 1 2 $350 $20 $370 $370 $0 $0 $370 Total 1 0 0 0 1 3 5 $725 $60 $785 $785 $0 $0 $0 $785 B Meetings 1 Check in calls with city project manager (up to 5, 1 -hr meetings) 6 6 $750 $20 $770 $828 $575 $575 $58 $1,403 2 Coordination review Meetings With City and Stakeholders (up to 41 hr meetings) 1 6 7 $975 $20 $995 $1,041 $460 $460 $46 $1,501 Total 1 0 0 0 12 0 13 $1,725 $40 $1,765 $1,869 $1,035 $1,035 $104 $2,904 C Development and Interpretive Sign Template 1 Interpretive theme and template development 1 8 9 $1,171 $20 $1,191 $1,306 $1,150 $1,150 $115 $2,456 Total 0 0 1 0 8 0 9 $1,171 $20 $1,191 $1,306 $1,150 $1,150 $115 $2,456 D Signage Design 1 Collect images/create artwork and write draft and final text ( for 2 signs) 1 8 12 21 $2,559 $20 $2,579 $2,579 $0 $0 $2,579 2 Draft Park user welcome sign panel layout (1 signs, size 24x36) 1 8 8 17 $2,059 $20 $2,079 $2,079 $0 $0 $2,079 3 50% Park user welcome sign panel layout (1 signs, size 24x36) 1 4 6 11 $1,365 $20 $1,385 $1,385 $0 $0 $1,385 4 100% Park user welcome sign panel layout (1 signs, size 24x36) 1 4 6 11 $1,365 $20 $1,385 $1,385 $0 $0 $1,385 5 Draft interpretive sign layout (2 signs, size 24x36) 1 1 8 16 26 $3,284 $20 $3,304 $3,362 $575 $575 $58 $3,937 6 50% Interpretive panels (2 signs) 1 4 12 17 $2,115 $20 $2,135 $2,193 $575 $575 $58 $2,768 7 100% Interpretive panels (2 signs) includes design files ready for fabrication 1 4 12 17 $2,115 $20 $2,135 $2,181 $460 $460 $46 $2,641 Total 1 0 7 40 72 0 138 $14,862 $140 $15,002 $15,163 $1,610 $1,610 $161 $16,773 TOTAL PROJECT 3 0 8 40 93 3 165 $18,483 $260 $18,743 $19,123 $3,795 $3,795 $380 $22,918 Chinook Wind Interpretive_2023-11-09_VS.xls,Chinook Wind 23-11-0911/9/2023 Fee Proposal City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-163(0 Council Approval N/A CONTRACT FOR SERVICES Amendment # 3 Between the City of Tukwila and J.A. Brennan Associates That portion of Contract No. 21-163 between the City of Tukwila and J.A. Brennan Associates, PLLC is hereby amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon°execution and ending June 30, 2024 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2024 unless an extension of such time is granted in writing by the City. Section 4: Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $21,961.20 without express written modification to the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $144,267.30 without express written modifications of the Agreement signed by the City. A. All other provisions of the contract shall remain in full force and effect. Dated this 19 ��- day of S e-k)V , 20 02.3 CITY OF TUKWILA CONTRACTOR DS DocuSigned by: MAW 1F89FE09132B402___ Allan Ekberg, Mayor CA Reviewed May 2020 Printed Name: eu, Gc�mbs Page 1 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 ATTEST/AUTHENTICATED DocuSigned by: ks11 0-i rtc c.c.Vfii 88678483CB594E7... Agreement Number: 21-163(c) APPROVED AS TO FORM DocuSigned by: __ ,,�� aa� vct 5E499CA4165E452__. Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 2 of 2 EXHIBIT A Client: City of Tukwila Project: Chinook Wind Public Access 1 A. BRENNAN ASSOCIATES, PLLC Extra Services M3 - Pro•ect reboot and removal NE Swale/parking area adjustments mem pate DESCRIPTION .ma PM $2,5.00 TRV p„ $168.00 DC $1]100 $111.00 $m.00 $125.00 Hours ubor ta 1 e.Pensu Tata 1 Lab/em o Mal ''' w'uP' 'D ��.otl I rviarkuP ran Torald 0 Accounting/ admin. / invoicing IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2646.00 20.00 666.00 666.00 666.00 2 int/ Design team coordination 2 2 342.00 20.00 362.00 362.00 362.00 Total Construction %Plane 5 and Estimate D nChan-e NE Corner Drainae radio -and Path Ombed 1 0 3 0 0 2 6 988.00 40 1,028.00 1,028.00 1,028.00 Upd to detaill sheet toms detail add flexible bollard detail 6 7 837.00 20.00 857.00 857.00 0 00 0 00 857.00 2 Grading sheet and lrngation sheet -Adjust grades and head layout for removal ofswale(2 sheets) 2 4 6 786.00 20.00 806.00 806.00 000 000 806.00 sPlanting sheet and schedule -Adjust planting plan for Swale removal and plant palette to respond to permit review comments (2 heets) Update TM 1,450.00 1,450.00 145.00 2,068.00 5 Site visit -to review parking area (JAB) 2 5 675.00 80.00 755.00 755.00 0.00 0.00 755.00 Parking area adjustment -Design change add better defined/ entry exit sequence 1,150.00 1,150.00 115.00 2,686.00 7 Revise railhead parking -TESL Site Plan and Demohtfon and Vegetation protection282.00 20.00 302.00 302.00 0.00 0.00 302.00 8 Revise railhead parking -Site Layout and grading Plan (up 2 sheets 20 scaleetio 1 0 Revise railhead parking -Irrigation Plan Sheets (up to 2sheets 20 scale) 5 615.00 20.00 635.00 635.00 0.00 0.00 635.00 11 Revise railhead parking -Planting Plan Sheets and schedule (up to 3sheets 20 scale) 13 Update Permit Set - Cloud revisions for drainage change 2 5 7 897.00 20.00 917.00 1,029.20 1,122.00 1,122.00 112.20 2,151.20 14 Update Cost estimate -takeoff units cost updates 2 9 12 1,566.00 20.00 1,586.00 1,617.00 310.00 310.00 31.00 1,927.00 15 Update Special provisions and bid item list2 7 10 1,344.00 20.00 1,364.00 1,447.00 830.00 830.00 83.00 2,277.00 1 Client/Team Coordination virtual meetings (up to 3) 79 957.00 20.00 977.00 1,133.00 1,560.00 1,560.00 156.00 2,693.00 Total 0 27 72 0 0 103 13,509.00 360.00 13,869.00 14,511.20 6,422.00 6,422.00 642.20 20,933.20 Total 5 0 30 72 0 2 109 19,997.00 900.00 19,297.00 15,529.20 6,922.00 6,922.00 692.20 21,961.20 Assumptions (JAB/DCG): All work from this scope will be completed by the end of 2023. The drawings and Tl7 will be updated per the county comments received 8-29-22 with the upland drainage comments removed. Coordination with permitting agencies or King County is not included in the scope. Coordination with firms other than J.A. Brennan Associates and DCG/Watershed is not included in this scope. Path alignment will not change. No Swale, bridge, or structural calculations will be completed. Site visit to evaluate proposed parking area is optional Traffic engineering will not be required. Traffic report is not provided. DCG does not include time fora site visit If city transportation engineer does not agree with entry sequence update additional fee will be required. Speed limit on Tukwila International BLVD is 35 mph Asmi CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Chinook Wind Public Access Project No. 91441202 King County purchased site and will restore it as a salmon estuary and passive park in partnership with the City. DESCRIPTION: City CIP project is to develop public access and maintenance trail. Plan is to connect trail through PW shops to Duwamish Gardens. The WRIA 9 Salmon Recovery Plan recommends creating 20 -acres of off -channel habitat within the JUSTIFICATION: Duwamish Transition Zone and lists this section of the river as critical habitat for salmon recovery within the Green/Duwamish Watershed. STATUS: King County construction slated to begin in 2021. City construction will be a separate contract, to start in 2022. MAINT. IMPACT: Passive park will require additional maintenance. COMMENT: Grant funding for County project is from the KC fee in -lieu mitigation program and KCD. City CIP has 50% RCO ALEA funding. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Projec or, `1on Design 19 45 °,,% /// Oi/ " �, c� ak. k T...,. va 64 Land (R/W) 0 Monitoring 0 Const. Mgmt. 85 85 Construction 337 0 337 TOTAL EXPENSES 19 45 422 0 0 0 0 0 0 486 FUND SOURCES Awarded Grant ALEA 31 126 157 Proposed Grant 0 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 19 14 296 0 0 0 0 0 0 329 TOTAL SOURCES 19 45 422 0 0 0 0 0 0 486 86 2023 - 2028 Capital Improvement Program Projec or, `1on °,,% /// Oi/ " �, c� ak. k T...,. va i u ,dv 86 2023 - 2028 Capital Improvement Program City of Tukwila 6200 Southcenter Bouievard, Tukwila WA 981 88 Agreement Number: 21-163(b) Council Approval 10/3/22 CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and J.A. Brennan Associates That portion of Contract No. 21-163 between the City of Tukwila and J.A. Brennan Associates, PLLC is hereby amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending September 30, 2023 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than September 30, 2023 unless an extension of such time is granted in writing by the City. Section 4: Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: , Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $58,933.00 without express written modification to the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $122,306.10 without express written modifications of the Agreement signed by the City. A. All other provisions of the contract shall remain in full force and effect. Dated this day of CITY OF TUKWILA L HP c7f -""--m,'"--- Ilxurt ieneirg 'eAtv,12 10-06-2022 Altar Ekberg, Mayor CA Reviewed May 2020 CONTRACTOR , 20 c2.2 -,- Printed Name: pp(A Page 1 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-163(b) Council Approval 10/3/22 ATTEST/AUTHENTICATED APPROVED AS TO FORM eSignecl via SeamleasSoca.com 6hz t q OC/(ahezeq Key: ieeennoera� e�naa aaaaasaeieeSaa7i, . eSignecl via SeamleasSoca.com arcs oe. S uta Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 2 of 2 EXJHIIBIIT B Client: City of Tukwila Project: Chinook Wind P'uPlic Access J.A. BRENNAN ASSOCIATES, PLLC •t ra scrulra6 02 Additional . deign: Parking area Path 17797020 1401714100720102/602741220121 0 dwdgr.1. 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"14411,30 1232012 5! 350:'50 1530:30 4,419011 3,200:50 1,0,11,11 NEM 25.03 151.03 22'5.00 11,1.111 30'] .00 103310 1,04010 2,250:30 12.491 071..'.10 11111111 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111I 11111111111111111111111111111111111111111111111 61 ........ 24 10 1'50.0'5 03 1..092,1,14 �II5422I.I3 95 31 F.YT 1.151.03 1,13!1.0'3 2105 44.011 2103 03.51 IIIIIIIIIIIIIIIIIIIINIIIIIIIIIIa11111111 41 al 170.03 03 11x1 �II54II112 2III3 03 D5 1103 .....3.311 Ds 107103 14.1 03 233.0'3 5X i 00 03 4,1 5511 0'S 3111111111111101122 1,941..142 3,435 03 .850.03 4,197 142 1.52205 500:50 14,111011 5940.1419 0'43.05 0.03 500433T N5 521.03 2 1.03. 5 5.00 45.00 00:03 838:50 5,47.411.1 530:90 99419 50 158510 3,70910 , 4211 2, 232.30 Tbta1 N VI .30,191.031 1411.111 17.44}.4x1 99111151 41.9111 4531/171 x`11 T420l 19 0 136 2 245 31,&17,23 620322 32,44702 343173,23 26,06019 24,060,90 1,904210 54030300 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-163(a) Council Approval N/A CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and J.A. Brennan Associates That portion of Contract No. 21-163 between the City of Tukwila and J.A. Brennan Associates, PLLC is hereby amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2022, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2022, unless an extension of such time is granted in writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of. CITY OF TUKWILA CONTRACTOR HP Key: ablUScOlfebsf,e51JOUSUaOregb7,53, Allan Ekberg, Mayor 20 VL, 07/24/2022 Pr ` ted Name: ATTEST/AUTHENTICATED APPROVED AS TO FORM Ch X21 Key: aaa,brOtl5,0,c1,0abStletl7eS1,c0f Key: 1.1.2,1e0edabOSSJabs,,JablZalss.ccIda Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 21-163 Council Approval 10/4/21 PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and J.A. Brennan Associates, PLLC, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform design services in connection with the project titled Chinook Wind. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending June 30, 2022, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2022, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $63,373.10 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant'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 of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 Page 2 4. Professional Liability with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Jim Brennan J.A. Brennan Associates, PLLC 2701 1st Ave Suite 510 Seattle, WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 Page 4 HP DATED this 1st day of November , 2021. CITY OF TUKWILA CONSULTANT C7/(Law 6A-Ge/cg Allan Ekberg, Mayor 11/01/2021 By: Printed Name: ---34\5 A19\MN Title: 4-4 NCAtft Attest/Authenticated: Approved as to Form: Ka, ,.LC,112adc,b3af90,101DcUbtlal,fcb Key: ,00.250,15,1,cti,lb,1,1,15,157f, City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 September 03, 2021 Exhibit A Scope of Work Chinook Wind Public Access Project Prepared For: Mike Perfetti Habitat Project Manager The City of Tukwila Public Works Department Project Description w Landscape Architects & Planners 2701 First Avenue Suite 510, Seattle, WA 98121 t. 206.583-0620 f. 206.583.0623 ww . jabrennan. com J.A. Brennan Associates will provide Landscape Architectural services to support in the trail design and implementation at the Chinook Wind project site. Davido Consulting Group (DCG), as subconsultant to J.A. Brennan and Associates, will provide permitting and construction documents, civil engineering services including stormwater engineering per King County Surface Water Design Manual (2021) and a drainage, utility, and paving ROW plans associated with the parking area and trail design. The Chinook Wind Public Access Project will provide public pedestrian trail access through King County's Chinook Wind 5 1/2 acre off -channel mitigation project. The project site is on the right bank of the Duwamish River at about river mile 6, just downstream from the City's Duwamish Gardens habitat restoration and park site and is accessed via Tukwila International Boulevard. The project goal is to integrate inviting shoreline public access through the Chinook Wind site. The trail will be located within a public trail easement granted to the city that runs along the north and east perimeter of the site. The mitigation/habitat restoration is being undertaken by King County's Mitigation Reserves Program and is not included as part of this project. Mitigation project construction is planned to begin in the fall of 2021. The Public Access project will develop a trail system that will eventually connect with the Duwamish Gardens trail just upstream, making a substantial and unique urban shoreline access experience. The property will be transferred to the City of Tukwila following the County's mitigation project and subsequent multi-year maintenance period. Project design elements include a small parking area within the Tukwila International Boulevard Street right-of-way, drainage, a trail head, kiosk, signage, the pedestrian trail, site furnishings, fencing, viewpoints, planting coordination and irrigation. For the purposes of understanding the scale of this project, the anticipated construction cost is thought to be around ±$200,000. City of Tukwila Chinook Wind Public Access Project Scope of Work Task A — Administration/Coordination Administration tasks include meeting coordination, scheduling, contract administration and subconsultant administration costs and expenses. Task B — Site Investigation & Technical Analysis Provide base mapping, review relevant data, and identify if additional survey is needed. The city will provide: AutoCAD survey, King County's mitigation bid plans, cultural resources report, geotechnical report, and the trail easement. The construction of King County's project will begin in the fall of 2021. DCG has budgeted time for 1 site visit and code review. Deliverables: • Site base map based on provided survey from the client Task C — Public and Team Coordination This task will include time for city staff meetings, design team meetings, and stakeholder meetings. Public outreach will be led by the city. JAB has included time to participate in one stakeholder or public meeting. Production of a brief PowerPoint slide show to support city staff is included. DCG has budgeted time for five team meetings including a Client/Team Kick Off meeting, a Public/Stakeholder meeting (attendance only) and 3 progress meetings. Deliverables: • As identified in the fee matrix Task D — Schematic Design Two quick alternative plan studies of parking, trail alignment, potential non-structural on grade overlooks or viewpoints and upland planting will be prepared for review by staff, stakeholders, and the public. A brief tech memo will be prepared summarizing each alternative. Alternative designs will utilize site analysis investigations and information to finesse the preferred alternative to add recreational and interpretive elements and accommodate maintenance and security needs at the Chinook Wind site. The draft and final schematic plan will reflect the preferred design as ascertained during the alternatives design process. The schematic design will include a preliminary layout of the trail alignment within the 20' easement and planting areas. Consideration for overlooks/viewpoints and interpretive signage locations will be included in the schematic plan. The plan will be accompanied by other hand -drawn graphics as described under the deliverables section below, and a brief written tech memo that describes the preferred trail alignment. DCG will correspond briefly with JAB while they review existing policy and documents, identify design goals and list potential program elements. DCG will comment on JAB's written description of alternatives, two diagrammatic alternative concept plans, two site sections, preferred concept plan graphic as well two landscape architecture sections and a Concept Plan memo. City of Tukwila Chinook Wind Public Access Project Scope of Work 2 DCG will prepare up to two section and/or detail sheets to help illustrate the JAB design and take the lead role producing cost estimates for the parking area. Deliverables: • As identified in the fee matrix Task E - Permit Support This task includes providing necessary permit documentation and a limited amount of coordination and correspondence to support the client applying for one local (City) permit. J.A. Brennan will provide limited permit agency coordination support and will provide a limited amount of design changes and responses to permit review comments. Revisions to the permit application or re -design because of the permit review is not included in this contract. In -water permits are not anticipated including the HPA or Corps permit. Some meeting time and coordination is shared between several permit activities for efficiency. It is assumed that this efficiency can be maintained for meetings and coordination with multiple agencies. DCG has budgeted 4 hours for phone calls and coordination. Deliverables: • As identified in the fee matrix Task F- Construction Documents (60%, 90% and 100% PSE) Construction documents will be submitted twice for client review prior to issuing final construction documents. Submittals will be provided at 60%, 90% and 100% design completion. They will include plans, specifications and estimate of probable construction costs and unit bid item list. Specifications will be provided in City of Tukwila Special Provisions format to WSDOT standard specifications. J.A. Brennan Associates: J.A. Brennan will provide layout, grading, planting, irrigation, and associated details. DCG has budgeted time to provide Site, Grading, Hardscaping, and Utility Plans, as well as the final Drainage for the parking area. Report Final TIR and SWPPP and cost estimates will include the trial and parking area. Deliverables: • As identified in the fee matrix Task G - Bid Support JAB will support in responding to contractor's questions during the bid period, attend a pre-bid meeting, and support with the preparation of up to 2 addenda if required. Deliverables: • As identified in the fee matrix City of Tukwila Chinook Wind Public Access Project Scope of Work 3 Assumptions General Assumptions: 1. The Client will provide CAD survey of the project site. 2. J.A. Brennan does not provide contaminated soils remediation services. 3. The client will provide coordinated, consolidated review comments at each submittal. 4. JAB will use city provided title block, and sheet format. 5. JAB will use in house Cad standards. 6. City will lead all permit applications for the project. In water permits are not anticipated. 7. To support in the efficiency of the project design, the easterly trail connection between the Duwamish Garden site and the Chinook Wind site, will be based on the design developed in the contract documents prepared for the Duwamish Garden project with limited hours (up to 4 hours) to refine the trail interface at the Chinook Wind connection. 8. Construction Stormwater General Permit (CSWGP) application is not included. It is assumed that the Contractor will provide the CSWGP. 9. Refer to Exhibit B Fee Matrix for specific products and scope items. 10. Construction support is not included in this scope of work. 11. Historic properties research is not included; it is assumed there are not designated historical sites or buildings within the project area. 12. Shoreline Permit application not included; Critical Area analysis and permit not included. DCG Assumptions: 1. Topographic base mapping will be completed by others and provided to DCG in electronic AutoCAD format including point files. 2. Any additional required survey information will be completed by others under separate scope. 3. On-site stormwater facilities must be located within the City's easement boundary. Either on-site infiltration, sheet flow to the wetland, or a direct connection to an existing city main within 100' of the site will be a viable method of stormwater conveyance, flow control, and discharge. 4. There will be greater than 5,000 Square feet, but less than 10,000 Square feet of new pollution generating impervious surface, requiring water quality facilities, but not flow control. City of Tukwila Chinook Wind Public Access Project Scope of Work 4 5. Electrical systems/connections will be designed build and necessary permits obtained by others. This scope does not include electrical engineering. Electrical engineering, if required, will be provided by others. 6. Geotechnical Engineering services (i.e., infiltration facility testing and recommendations) will be completed by others and the information provided to DCG. 7. All permit applications, coordination and fees will be handled and paid for by others. City of Tukwila Chinook Wind Public Access Project Scope of Work 5 "?'" 888.81 MR'i , � iy i; , i �. i . rn i isi Administration/Coordination Job set-up Progress reports Prepare invoices Scheduling Total Site Investigation and Technical Analysis Base map preparation Background data review, reports, plans Up to (1) site visit - Part of Kick-off meeting Code review Total Public and Team Coordination Team meetings (3 lhr meetings) Client/ Team Kick off meeting/ Site Visit Public/ Stakeholder Meeting Include time for preparation (1 only) Up to 3 client/ staff meetings (JAB only) - 1.5 hour -conference call Progress Meetings (up to 3 conference calls with client 1 hr check in) Prepare meeting graphics/ Boards/ Powerpoint for Public / Stakeholder mtg Total Schematic Design Prepare brief written description of alternatives - (tech memo 2 pages) Prepare two diagrammatic alternative concept plans (30 or 40 scale) Site Sections -1 per Alternative (2 Total) Prepare draft and Final Preferred Schematic plan graphic (30 or 40 scale) Prepare up to 2 landscape arch. sections (update 1, 1 new only) Cost estimate (schematic plan only ) Prepare draft Concept plan memo - brief bullet speaking points summary Total Permit Support SEPA Checklist support -draft & final (City lead) Support City permit applications (City lead) Comment Response to City review Client/Agency Coordination Total Construction Documents 60%, 90%, 10014 Plans Specs and Estimate Cover Sheet (all sheets 22x34) Existing Conditions Plan (1 sht 30 scale) TESC Site Plan and Demolition and Vegetation protection plan (1 sht 30 scale) Details: BMP/ TESC civil lead (1 sht) Site Layout and grading Plan (up to 3 sheets 20 scale trail easement area) Drainage, Utility, Paving ROW Plan ( Civil Lead - 1 sht 30 scale) Irrigation Plan Sheets (up to 3 sheets 20 scale trail easement area) Planting Plan Sheets (up to 3 sheets 20 scale trail easement area) Plant list (1 sht) Details: Trail and Sections (up to 1 shts) Details: Paving at parking area (DCG lead) Details: Drainage/ utilities (2 shts - civil) Details: Site Furniture (1 sht) Details: Planting (1 sht) Details: Irrigation Details/ Schedule (1 sht) Grading cut and fill calculations Drainage Report Final TIR and SWPPP Cost Estimate/ Unit Bid Item list (landscape lump sum) Technical Specifications (City of Tukwila WSDOT - format) Total Bid Support Answer contractor's questions during bidding Pre-bid meeting Up to 2 addenda Total