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HomeMy WebLinkAboutCOW 2008-11-10 Item 5F - Agreement - Tukwila Pond Park Design with Robert W. Droll Landscape Architect for $34,100.54CAS NUMBER 08-141 AGENDA November 10, 2008 AGENDA ITEM Trin.l: Contract Execution: Tukwila Pond Park Design Services. C.1"1.1 ?(rORY Discuss of Motion Resolution Ordinance 1 Bid Award Public Heanng Other 11 Its Date bltg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date I SP )NSOR Council Mayor Adm Svcs DCD Finance Fzre L.egal P&R Police PW" SPONSOR'S The Parks and Recreation Department has been working with Robert W. Droll Landscape SUMMARY Architect with the project titled Tukwila Pond Park Development Design since May of 2007. The original contract expired in August of 2008 before a contract extension was issued therefore a new contract has been drafted that includes the balance of $34,100.54 from the original contract. RE\ I WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte LI Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: October 27, 20 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize the Mayor Execute the Tukwila Pond Park Design Contract COMMITTEE Unaminous approval; Forward to Committee of the Wholer COST IMPACT FUND SOURCE EXPI?N D ITURI REQUIRED AMOUNT B UDGETED APPROPRIATION REQUIRED $34,100.54 $34,100.54 Fund Source: 301.00.594.760.41.52, PAGE 13 IN 2008 CIP Continents: MTG. DATE 1 1 MTG. DATE COUNCIL AGENDA SYNOPSIS Initzals Meeting Date Prepared by Mayor's review I Council review 11/10/08 BF 1 t4.Q.■ ICEu�— 1 1 1 1 1 ITEM INFORMATION RECORD OF COUNCIL ACTION ATTACHMENTS 11/10/08 1 October 22, 2008 Memorandum Authorize Consultant Contract Contract Documents October 27, 2008 CAP Minutes I1 TO: FROM: CC: DATE: SUBJECT: Attachments: Consultant Agreement, Scope of Work MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee Bruce Fletcher, Director, Parks and Recreation Rhonda Berry, City Administrator October 22, 2008 Tukwila Pond Park Design Robert Droll Contract Parks and Recreation Department Bruce Fletcher, Director The Parks and Recreation Department has been working with Robert W. Droll Landscape Architect with the project titled Tukwila Pond Park Development Design since May of 2007. The original contract expired in August of 2008 before a contract extension was issued therefore a new contract has been drafted that includes the balance of $34.100.54 from the original contract. It is the request of the Parks and Recreation Department to authorize the Mayor to execute a contract with Robert W. Droll, Landscape Architect, P.S. in the amount of $34.100.54 CONSULTANT AGREEMENT FOR DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and ROBERT W. DROLL, LANDSCAPE ARCHITECT. P.S., 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 perfoini LANDSCAPE ARCHITECTURAL services in connection with the project titled TUKWILA POND PARK DEVELOPMENT DESIGN. 2. Scope of Services. The Consultant agrees to perform the services, identified on Attachment "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of 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 within 365 calendar days from the date written notice is given to proceed, 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 Attachment "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $34,100.54 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 perfoiuied, 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 state 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, without further permission from, or compensation to the City. 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 to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perfouriance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold haurless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) Tukwila Pond Park Development Design Robert W Droll, Landscape Architect, P.S. Landscape Architecture Services Page 2 of 5 days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 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. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap 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. In the case of early termination, the Consultant shall be entitled to compensation for all work performed up to the termination effective date, and the City shall promptly process payment within its next normal accounts payable processing cycle. Tukwila Pond Park Development Design Robert W Droll, Landscape Architect, P.S. Landscape Architecture Services Page 3 of 5 Attachments: 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 tennis 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. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 16. 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: Robert W. Droll 4405 7` Ave. SE, Suite 203 Lacey, WA 98503 17. Integrated Agreement. 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. This Agreement may be amended only by written instrument signed by both the City and the Consultant. A. Proposal for Landscape Architectural Services dated March 16, 2007 B. Project Scope of Work/Fee Schedule dated March 16, 2007 Tukwila Pond Park Development Design Robert W. Droll, Landscape Architect, P.S. Landscape Architecture Services Page 4 of 5 DATED this day of 20 CITY OF TUKWILA CONSULTANT By: Jim Haggerton, Mayor Attest/Authenticated: Christy O'Flaherty, City Clerk Office of the City Attorney Tukwila Pond Park Development Design Robert W. Droll, Landscape Architect, P.S. Landscape Architecture Services Printed Name: Title: Approved as to Foiln: Page 5 of 5 Attachment A Tukwila Pond Trail Tukwila Parks Recreation Scope of Services Basis of Proposal This Scope of Services and Fee Proposal are based upon discussions and information provided by the Tukwila Parks and Recreation Department, site visits and documentation review. Phase 1 I Task 1 Schematic Design -35% Submittal Task 1.01 Site Visit RWD will visit site with Client, wetland biologists and survey crew. Task 1.05 PreSubmission Conference w/ Tukwila RWD will prepare PreSubmission Conference application and attend PreSub Conference. 4/24/2007 Scope of Work This assignment includes the Schematic and Final Design services work to be performed by Robert W. Droll, Landscape Architect, PS and Project Team (hereinafter collectively, RWD) for the City of Tukwila, Washington on Tukwila Pond Trail Boardwalk. RWD will serve as consultant to Tukwila in the capacity of Park Planner/Landscape Architect and will prepare Bid Documents. The goal of the project is to implement a new Loop Trail and Boardwalk around Tukwila Pond. Scope of Services RWD proposes the following Scope of Services to accomplish the work necessary for the preparation of Tukwila Pond Trail Boardwalk (hereinafter the "Trail Task 1.02 Wetland Delineation Conduct wetland delineation, category rating and report in compliance with City of Tukwila Critical Areas Ordinance. Task 1.03 Boundary and Design Survey Conduct topographical fieldwork necessary to generate mapping of one foot contours, spot elevations, trees, six inches and larger, and other planimetric features. Survey will include bathymetric survey of pond from shoreline to fifty feet into pond. Show Boundary Survey as provided by Tukwila. Prepare mapping in ACAD format. Task 1.04 Concept Plan Cost Estimate RWD will prepare Concept Plan illustrating type, size and location of main loop trail and boardwalk and spur connections. RWD will provide Estimate of Probable Cost based upon measured quantities. Robert W Droll, Landscape Architect, PS, 4405 7' Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob @rwdroll.com Attachment A Tukwila Pond Trail Tukwila Parks Recreation 1 Task 2 Permit Processing Tasks 2.01 Layout and Grading Plan Layout and Grading Plan will be prepared by RWD defining horizontal and vertical relationships of proposed Trail and Site improvements. Horizontal definition of proposed improvements will be achieved by dimensioning from coordinates derived from Design Survey. Grading will be defined by contours and spot elevations that will be relative to vertical datum. Task 2.02 Boardwalk Plan Details Boardwalk Plan will define the horizontal and vertical alignment of Boardwalk, which anticipated to be located over the water in locations where there is insufficient public property to locate the trail in an upland area. RWD will provide all details and calculations to comply local codes, ADA regulations and International Building Code. Task 2.03 SEPA JARPA Permitting, Biological Assessment RWD will prepare SEPA and Site Plan Approval and JARPA applications and respond to inquiries and follow up on permits. RWD will prepare Biological Assessment, Task 2.04 Illustrative Plan Prepare one each color illustrative site plan, floor plan and two elevations for Client's use in public meetings. Color will be applied to In- Process drawings (3 sheets maximum): no separate drawings /sketches will be prepared specifically for Illustrative drawings. Task 2.05 Public Presentation of Tukwila Pond Trail RWD will prepare for and attend a public presentation of project. Task 3 Project Management Task 3.01 Project Management Manage the contractual elements, scheduling, billing and timing of project. Manage the coordination of consultants and the execution of the Project Schedule. Communicate and coordinate with Client. Phase 2 Task -5 Design Development -60'%f Submittal Task 4.01 Tilde Sheet Prepare Title Sheet with Location/Vicinity Map General Notes. Legend. Abbreviations list of City Council Members and Parks Department Staff. Task 4.02 Demolition and Temporary Erosion Sedimentation C'ontrot Plan 1.2 \''D will prepare plan indicating the existing site features that shall be demolished, abandoned, salvaged and retained as well as the location of erosion control measures. 4/24/2007 Tasks 4.03 Layout and Grading Plan Layout and Grading Plan %vill be prepared by 12WD defining horizontal and vertical relationships of proposed Trail and Site improvements. horizontal definition of proposed improvements will be achieved by dimensioning from coordinates derived from Design Survey. Grading will be defined by contours and spot elevations that will be relative to vertical datum. Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob @nvdroll.com 2 1 Attachment A Tukwila Pond Trail Tukwila Parks Recreation 4/24/2007 Task 4.04 Boardwalk Plan Details Boardwalk Plan will define the horizontal and vertical alignment of Boardwalk, which anticipated to be located over the water in locations wihere there is insufficient public property to locate the trail in an upland area. RWD will provide all details and calculations to comply local codes, ADA regulations and International Building Code. Task 4.05 Site Details Prepare details for project site improvements. Tasks 4.06 Estimate of Probable Costs RWD will provide Estimate of Probable Cost based upon measured quantities. RWD will organize Estimate by Trail Segment to allow Client to render Phasing decisions if necessary. Estimate will include all Project Development Costs including consultant costs,.construction administration, mobilization. bonds, contingehcies, taxes. projected construction year cost escalation (if necessary'). taxes and all identified costs associated with this project's development. Task 4.07 Review with Staff Review Plans with Staff. 1 Task 5 Final Design 90% Submittal Tasks 5.01 -5.06 are the same Tasks as 4.01 -4.06 except Work will be at a 90% completion level. Task 5.07 Specifications Prepare Technical Specifications, Sections 1 -16, in Construction Specification Institute (CS I) format. Task 5.08 Review with Staff Review Plans with Staff Task 5.09 Building Permit Application Processing RWD will submit and process Building Permit applications. Task 5.10 Quality Review RWD will retain a Construction Manager to review a set of hid documents. 1 Task 6 Contract Documents 100% Submittal Tasks 6.01 -6.07 are the same Tasks as 5.01 -5.07 except Work will be at a 100% Completion level and ready for Advertising and Bidding. Task 6.08 Assemble Deliver Contract Documents RWD will assemble Technical Specifications and Plans in .pdf format and Ibrward to Client. Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360A56.3813, bob rwdroll.com 3 Attachment A Tukwila Pond Trail Tukwila Parks Recreation Task 7 Project Management Task 5.01 Project Management Manage the contractual elements. scheduling, billing and timing of project. Manage the coordination of consultants and the execution ofthe Project Schedule. Communicate and coordinate with Client. I Task 8 Bidding Negotiations, Award Task 10.01 Pre -Bid Conference RWD will attend Prc -Bid Conference and prepare Addenda, ifnecessar∎•_. Task 9 Construction Administration The following Tasks will he negotiated at the time of Bidding, if requested by Client Task 9.01 Task 9.02 Task 9.03 Pre Construction Conference Submittal Review Construction Observation 4/24/2007 Additional Services, Excluded Services Specific items that are not within the scope of work/services include, but are not limited to, the following: Traffic studies Stormwater Drainage studies /design Demand analysis /economic modeling Legal Descriptions of easements, Rights -of -Ways, etc. Hydrology/Water Quality Studies, Environmental Studies Geotechnical Investigation, Recommendations, and Material Testing. Construction Staking Mitigation Design Permit Fees Wildlife and Archaeological investigations Web -site preparation and hosting, visual impact analysis, photo simulations, perspective character sketches O Tree valuation, noise studies, air quality studies O Boundary Survey O Public Presentations, Neighborhood meetings, Hearing Examiner meetings, etc. other than in those identified in scope. Professional Fee Professional Fees to accomplish the Scope of Services as shown in Attachment B. RWD will perform the Scope of Services on a Time Materials, Not -to- Exceed Basis. Direct Expenses are reimbursable. Client's Responsibilities Client shall provide the following information or services as required for performance of the work. RWD assumes no responsibility for the accuracy of such information or services and shall not be liable for errors and omissions therein. Should RWD be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob@rwdroll.com 4 Attachment A Tukwila Pond Trail Tukwila Parks Recreation Provide Title Report Provide space for Public Meeting Provide Division 00 and City Bidding information Advertise for Bid, Award, Bid Tabulation, etc. Existing as -built site engineering and utility base information. Provide aerial photos. 4/24/2007 Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob@rwdroll.com 5 TUKWILA POND INTERPRETIVE TRAIL PROJECT SCOPE OF WORK FEE ATTACHMENT B PHASE 2 NOT IN THIS SCOPE OF WORK TUKWILA POND INTERPRETIVE TRAIL PROJECT SCOPE OF WORK FEE `e2 PTV i /0 8 198 COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes October 27, 2008, 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De' Sean Quinn Staff: Bruec Fletcher, Lisa Verner, Jack Pace, Brandon Miles, Rhonda Berry and Kimberly Matej Guests: Brooke Alford (Parks Commissioner), Jeff Aken (Cascade Land Conservancy), Chuck Parrish (resident) and Mark Hancock (Segale Properties) CALL TO ORDER: Chair Hernandez called the meeting to order at 5:04 p.m. I. PRESENTATIONS No presentations. City of Tukwila Community Affairs and Parks Committee H. BUSINESS AGENDA A. Cascade Agenda Cities Program Staff is seeking full Council approval of a resolution which establishes the City as a member of the Cascade Agenda Cities Program. Brooke Alford, Parks Commissioner, introduced Jeff Aken from Cascade Land Conservancy (CLC) and briefed the Committee on The Cascade Agenda. Jeff spoke further to the Agenda and how it reaches out to communities within the region as well as to different stakeholders. The Cascade Agenda Cities Program began last year and is an extension of the Agenda. It acknowledges that we are all planning under the Growth Management Act and also incorporates the greater Agenda vision which looks out over 100 years. The Cities Program encourages partnering with cities to talk about creating livable cities through smart choices about future growth. Additionally, the Program assists cities in connecting planning policies to things the community cares about (traffic, housing, walk ability, etc.). The Program focuses on working towards creating communities that are: complete, compact and connected. Jeff described the two types of levels in the Cities Program: the Membership level and the Leadership level. The Membership level results in no cost to the city and requires a council resolution supporting membership. The Leadership Cities requires a council resolution, costs $5,000 annually and Cascade Land Conservancy establishes a closer partnership with the member city on a policy level often resulting in specific planning objectives between CLC and the city. Committee members were interested in the Program and have requested staff return to Committee at a later date with a draft resolution and recommendation regarding which level the City should pursue. STAFF WILL RETURN TO COMMITTEE AT A LATER DATE WITH A RECOMMENDATION AND RESOLUTION. B. Tukwila Pond Park Development Contract with Robert W. Droll, Landscape Architect Staff is seeking Council approval of a consultant agreement with Robert W. Droll Landscape Architect in the amount of $34,100.54 for Tukwila Pond Park Development Design. The most recent contract with Robert W. Droll expired in August 2008, with a remaining balance on the agreement. Since the agreement was not extended prior to its expiration, staff must draw up a new agreement for the unspent/available funds remaining from the original agreement ($34,100.54). The new agreement will be valid for one year. According to the agreement, Robert W. Droll will continue to serve as consultant to the City in the capacity of park planner /landscape architect as well as preparation of bid documents. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 10 COW FOR DISCUSSION.