HomeMy WebLinkAboutCAP 2014-03-11 Item 2B - Agreement - Duwamish Hill Preserve Phase II Design with SvR Design CompanyTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Parks and Recreation Director
BY: Dave Johnson, Recreation Superintendent
DATE: March 5, 2014
SUBJECT: Duwamish Hill Preserve Phase II Design — Authorize Consultant Agreement
Project # 90330109
ISSUE
The City's 6 -year Parks Recreation & Open Space (PROS) Plan is due for an update and
authorize Mayor to sign Consultant Agreement to complete these services.
BACKGROUND
Phase I development at the Duwamish Hill Preserve was complete in 2010. The West parcel
was purchased in 2012 along with the small riverbank donation. Funding in the amount of
$500,000 has been secured through the Washington State Historical Society's Heritage Capital
Projects Grant for the design and partial construction of Phase II.
DISCUSSION
Requests for Proposals (RFP) were distributed to selected firms from the Municipal Research
and Services Center consultant roster. A review committee comprised of representation from
Parks and Recreation, Community Development, Parks Commission, and partners reviewed the
proposals and conducted panel interviews. As a result of this, SvR Design Company was rated
with the highest score and selected as the most qualified consultant.
FINANCIAL IMPACT
The consultant's scope of work at $286,000.00 does not exceed the $390,000.00 budgeted for
this project (page 34).
RECOMMENDATION
The Community Affairs and Parks Committee is being asked to authorize the Mayor to sign the
Consultant Agreement and consider this item at the March 24, 2014 Committee of the Whole
meeting and forward to the Consent Agenda at the April 7, 2014 Regular Meeting.
ATTACHMENTS
Attachment A: Consultant Agreement
33
34
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONSULTANT AGREEMENT FOR
PLANNING & DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City ", and SvR Design Company, 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 and Planning
services in connection with the project titled Duwamish Hill Preserve Phase II.
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 May 31, 2015, 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 May 31, 2015 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 $286,000.00 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.
35
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.
CA revised : 1 -2013
36
Page 2
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. 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.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. 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 Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. 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.
F. 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.
CA revised : 1 -2013
Page 3
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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, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability 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.
CA revised : 1 -2013
38
Page 4
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:
SvR Design Company
1205 Second Avenue, Suite 200
Seattle, WA 98101
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.
DATED this
CITY OF TUKWILA
Mayor, Jim Haggerton
day of , 20
CONSULTANT
By:
Printed Name:
Title:
Attest /Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised : 1 -2013
Page 5
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EXHIBIT B
Concept Design $25,000
Design Development $40,000
50% Construction Documents $70,000
90% Construction Documents $50,000
100% Construction Documents /Bid Set $20,000
Bidding & Construction Observation $35,000
Management Reserve Fund* $20,000
Sub -total $260,000
Contingency (10 %) $ 26,000
TOTAL $286,000
*Management Reserve Fund established in case structural or electrical engineering is required to
implement the preferred concepts. Will only be utilized upon approval of City of Tukwila for this work.
41
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PROJECT:
~-~~~'~—``'�
u�w�mr/wm�
park at 3800 S 115 St. (Previously known as Duwamish Riverbend Hill, Poverty Hill and Grandmother's Hill.)
JUSTIFICATION: Meets the Parks and Open Space Plan providing cultural and historical value along the City's shoreline.
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
201* to 2019
Duwamish Hill Preserve Project No. 90330109
Land development for this 8.6 acre parcel will preserve open space and allow future restoration for this passive
Phase 1 development was completed in 2010, West parcel was purchased in 2012 along with the small
STATUS: riverbank donation. Phase || design work began in 2013 and will continue into 2014. Stage i of Phase ||
construction is scheduled for 2014 and will focus on site preparation, land altering, and hardscape landscaping.
MAINT. IMPACT: Approximately 200 staif hours per year.
Phase II is on Park Impact Fee list for $2.5 million with an 80%/20% split. Sound Transit mitigation of
COMMENT: $313k for use of site. Grants: Recreation Conservation Office (RCO), State Heritage Fund, 4Culture, King
Conservation District, Conservation Futures, and Forterra with REET funds as a match,
FINANCIAL Through Estimated
2015
2016
2017
2018
2019
BEYOND TOTAL
-- —
EXPENSES
Design
265
15
380
20
20
20
20
20
940
1.710
Land (R/W)
2.036
450
2.486
Const. Mgmt.
1
15
927
943
Construction
253
15
495
50
50
50
50
50
5,700
6.715
TOTAL EXPENSES
2.555
30
900
70
70
70
70
70
8.017
11.052
FUND SOURCES
Awarded Grant
1,455
20
30
1.505
Proposed Grant State
500
2.065
2,565
KC Parks Levy
429
29
458
Mitigation
313
313
Park lmpact Fees
217
25
242
Park lmpact Fees Expected
25
35
40
45
45
45
1,523
1.758
City Oper. Revenue
141
(44)
345
35
80
25
25
25
4,429
5.011
TOTAL SOURCES
2.555
30
900
70
70
70
70
70
8.017
11.852
roJect Location
2014 2019 Capital Improvement Program
34
44
Civil Engineering
Landscape Architecture
Environmental
Restoration
Planning
1205 Second Avenue
Suite 200
Seattle, WA 98101
Phone: 206.223.0326
Fax: 206.223o125
svrsvrdesign.com
DESIGN COMPANY
26 February 2014
Dave Johnson
Recreation Superintendent, Tukwila Parks & Recreation
12424 42nd Avenue South
Tukwila, WA 98168
Re: Design Services
Duwamish Hill Preserve Phase 2
Dear Dave:
We are pleased to submit this proposal to provide design services for Phase 2 ofDuwouz sb
Hill Preserve. The SvR team includes SvR for landscape architecture and civil engineering;
Shannon & Wilson for environmental and permitting services; and Mette Hanson for
interpretive planning and artwork.
Proposed Project
The City of Tukwila has been working with Forterra and community partners to restore and
improve the Duwamish Hill Preserve. Phase 1 was focused on trails, viewpoints and habitats
on the hill itself. Phase 2 is focused on trails, viewpoints and habitats around the west and
north sides of the hill. The site is culturally significant for its association with Southern Puget
Sound Salish oral tradition and mythology, as a key location in the stories collectively known
as the "Epic ofthe Winds" The site is located on South 115* Street just to the east ofEast
Marginal Way South and immediately totheoodbn[tboDuvvumiabRivcriuTukni|a,
Washington.
Schedule/Phasing
Concept Desi
Design Deve :
50% Construction Documents:
90% Construction Documents:
100% Construction Docurnents:
Bidding and Construction Observation:
SCOPE OF SERVICES
April 2014
May 2014
June-July 2014
August-September 2014
October 2014
Y4ovembcr2U\4'TBD
Concept Design $25,000
Concept Design tasks include:
• Hold kick-offmeeting on site.
• Review existing inforrnation including survey and hydrogeological report,
• Meet with City rnaintenance staff and volunteers to determine stewardship capaci
• Hold conceptual design charrette with Ci and Hill Managernent Team,
• Prepare 2 conceptual alternatives.
• Meet with City management team to select preferred alternative.
This document isproprietary ihtbrm ti,nyrepaned by SvR for this project on/y andsha8vo/be
fon'arded, copied or used by otherparties without written permission.
cm8\08005 ouwum/ohm~crbonu Hill \smv/"u phase zmHp phase z draft scope and fee n,"r"su_oz.zo./4.d^ex
46
DHP Phase 2
26 February 2014
Page 2nf4
• Refine preferred conceptual alternative including graphics and costs.
• Present final conceptual design to public at City Council meeting.
Deliverables:
o
meeting minutes
o concept level basis ofdesign
o
conceptual alternative sketches
m
preferred conceptual design illustrative plan, sections and cost estirnate
o
powerpoint presentation for use at City Council, City website download, etc.
0xsi2u Development $40,000
Design Development tasks include:
• Meet with tribal representatives regarding cultural gardens idea and identify suitable
species for ethnobotanical use and interpretation.
�
Meet with UW Center for Urban Horticulture faculty regarding ecological experiments
idea and identify low-tech restoration practices that would be o[ value to demonstrate
and monitor on this site.
°
Develop detailed grading and drainage analysis, including earthwork calculations and
evaluation of the suitability of excavated material reuse as fill for visual buffer
landforrns and upland plantings.
• Prepare detailed restoration palette memo.
• Prepare preliminary drainage memo.
• Develop interpretive strategy memo.
• Meet with city and hill management team to review findings from tribal, education and
restoration community outreach and select appropriate implementation pathways.
• Prepare Design Development drawings.
• Update cost estimate,
Deliverables:
o meeting minutes
o design development drawings: cover sheet, grading & drainage plan, paving & hardscape
plan, planting plan, section xbeet, detail sheet
o restoration palette memo
o prelirninary drainage memo
o interpretive strategy memo
o DD cost estimate
50Y6 Construction Documents
50% Construction Docurnents tasks include:
• Prepare 50% construction drawing set.
• Prepare permit submittals: SEPA Checklist, Type C Grading Permit, and Substantial
Development Perrnit for shoreline portion ofthe project.
• Prepare draft Technical Inforrnation Report (TJR).
• Prepare outline specification (spec table ofcontents by section).
• Update cost estimate.
• Prepare maintenance recommendations memo.
• Present pr ject update to public at City Council meeting.
Deliverables:
This document is proprietary ii?Ibrmation prepared by SvRfOr this project only and shall not be
forlv%'arded, copied or used by otherparties without written permission.
r:momouu5uu°umi"/,xivournd ui//\scvpinu phase zuDHp phase z draft scope and fee pmpv`uLo2.z6./4.u"cx
DHP Phase 2
26 February 2014
Page 3 of 4
o meeting minutes
o 50% construction drawing set: cover sheet, ESC plan sheet, grading & drainage plan,
paving & hardscape plan, planting plan, irrigation zoning plan, interpretive plan, section
sheet, interpretive details sheet, hardscape details sheet, planting details sheet
o permit submittals
o draft TIR
o maintenance recommendations memo
o outline spec
o 50% CD cost estimate
90% Construction Documents
90% Construction Documents tasks include:
• Prepare 90% construction drawing set.
• Respond to permit comments and resubmit as necessary.
• Prepare final TIR.
• Prepare draft specifications.
• Update cost estimate.
$50,000
Deliverables:
o meeting minutes
o 90% construction drawing set: cover sheet, ESC plan sheet, grading & drainage plan,
paving & hardscape plan, planting plan, irrigation plan, interpretive plan, section sheet,
interpretive details sheet, hardscape details sheet, planting details sheet
o permit resubmittals
o final TIR
o draft specifications
o 90% CD cost estimate
100% Construction Documents/Bid Set
100% Construction Documents/Bid Set tasks include:
• Prepare 100% construction drawing/bid set.
• Prepare final specifications.
• Update cost estimate.
$20,000
Deliverables:
o meeting minutes
o 100% construction drawing/bid set: cover sheet, ESC plan sheet, grading & drainage
plan, paving & hardscape plan, planting plan, irrigation plan, interpretive plan, section
sheet, interpretive details sheet, hardscape details sheet, planting details sheet
o final specifications
o 100% CD cost estimate
Bidding and Construction Observation $35,000
Bidding and Construction Observation tasks include:
• Attend pre-bid conference.
• Attend pre-construction conference.
• Respond to bidder questions.
• Review submittals and shop drawings.
• Respond to RFIs.
This document is proprietary information prepared by SvR for this project only and shall not be
forwarded, copied or used by other parties without written permission.
\08 \ 08005 Duwamish Riverbend H i II\seoping phase 2 \DHP phase 2 draft scope and fee proposal_02.26.14.docx
47
48
DHP Phas 2
26 February 2014
Page 4nf4
• Attend weekly construction meetings.
• Attend preliminary punch list walk-through and provide a summary of items for
resolution.
• Attend final punch list walk-through and provide a summary of items for resolution.
• Attend warranty walk-through and provide a surnmary of items needing replacement.
• Prepare record drawings.
Deliverables:
o meeting agendas
o meeting minutes
o submittal responses
o RFI clarifications
o prelirninary punch list
o final punch list
o warranty review
o record drawings
Project Scope Assumptions (see attached)
FEE
For the scope of services described above, the SvR team shall be paid a lump sum of
$240,000 billed rnonthly on a percent cornp!ete basis, Drawing and specification submittals
will be e!ectronic plus three hard copies at each milestone. All reirnbursable expenses are
included in the lump sum above.
We also recomrnend that a Management Reserve Fund (MRF) of $20,000 be established in
case structural or electrical engineering is required to implement the preferred concepts.
We look forward to working with you on this p jooL
Sincerely,
Nate Cormier, ASLA, PLA, LEED AP
Principal Landscape Architect
This document bproprietary injbrmaiion prepared by SyRib, this project only anJshn8nv/be
forwarded, copied or used by other parties without written permission.
rmxmuoo5ov°um/mx/ve,omuxo/umn/ugvhosez\n*pvhu,ezomu,mpc^oufecrmp",umz.za. /4.u^m