HomeMy WebLinkAboutCAP 2008-10-27 Item 2B - Agreement - Tukwila Pond Park Design with Robert W Droll LandscapeTO:
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DATE:
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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 Desian 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
CONSULTANTAGREE~ffiNTFOR
DESIGN SERVICES
THIS AGREEl\1ENT is entered into between the City of Tukwila, Volashington, herein-after
referred to as "the City", and ROBERT W. DROLL, LAJ\1DSCAPE 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 perfOlm LANDSCAPE
ARCHITECTURAL services in connection with the project titled TUK\VILA P01\1D
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 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 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 \vhich 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 pennission 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 \vith all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indenmify, 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
performance 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 ofVlashington, the Industrial Insurance Act, for injuries to its employees, and agrees
that the obligation to indenmify, defend and hold harmless 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 $500,000 per
occurrence! aggregate for property damage, and professional liability insurance in the
amount of$I,OOO,OOO.
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 of5
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 \varrants 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 wan'ant, 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 \vork 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-'Vaiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a \vaiver 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
Robel1 W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 3 of 5
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. 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 '].f. Droll
4405 ih Ave. SE, Suite 203
Lacey, W A 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.
Attachments:
A. Proposal for Landscape Architectural Services dated March 16, 2007
B. Project Scope ofWorklFee Schedule dated March 16,2007
Tukwila Pond Park Development Design
Robert IV. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 4 of5
DATED this
day of
CITY OF TUKWILA
,20_
Jim Haggelion, Mayor
Attest! Authenticated:
Christy O'Flaherty, City Clerk
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
CONSULTANT
By:
Printed Name:
Title:
Approved as to Form:
Office of the City Attomey
Page 5 of 5
Attachment A
Tukwila Pond Trail - Tukwila Parks & Recreation
4/24/2007
Scope of Services
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 I Boardwalk. RWD will serve as consultant to Tukwila in
the capacity of Park Planner/Landscape Architect and will prepare Bid Documents. The goal ofthe
project is to implement a new Loop Trail and Boardwalk around Tukwila Pond.
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.
Scope of Services
RWD proposes the following Scope of Services to accomplish the work necessary for the preparation of
Tukwila Pond Trail I Boardwalk (hereinafter the "Trail").
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 1.02 Wetland Delineation
Conduct wetland delineation, category rating and report in compliance with City ofTukwila 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 wiII 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
R WD 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.
Task 1.05 PreSubmission Conference wi Tukwila
RWD will prepare PreSubmission Conference application and attend PreSub Conference.
Robert W. Droll, Landscape Architect, PS, 44057111 Avenue, Lacey, \VA, SE, 98503, 360.456.3813, bob@rwdroll.com
Attachment A
Tukwila Pond Trail- Tukwila Parks & Recreation
4/24/2007
I 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 wiIl 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 wiIl provide all details and calculations to comply local codes, ADA
regulations and International Building Code.
Task 2.03 SEP A & JARP A 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 lllustrative 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 wiIl be prepared specifically for Illustrative drawings.
Task 2.05 Public Presentation of Tukwila Pond Trail
R WD will prepare for and attend a public presentation of project.
I 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 -i Design Dcvelopmcnt-60'Yi) Submittal
Task 4.01 Title Sheet
Prepare ritle Sheet with Location/Vicinity Map, General Notes. Legend, Abbreviations, list of City
Council Members and Parks Department Staff.
Task 4.m Demolition Hnd Temporary Erosion & Sedimentation Control Plan
R\vl) will prepare plan indicating the c:-.:isting. site fealures that shall be demolished, abandoned,
salvaged and retained as well ,b 1he location of erosion control measures.
Tasks -LOJ Layout and Grading Plan
Layout and Grading Plan will be prepared by R WI) defining horizontal and vertical relationships of
proposed Trail and Site improvements. Horizontal definition ofproposccl improvements "vill he
achieved by dimensioning f"rom coordinates derived from Design Survey. Grading. will be defined by
contours and spOI. elev(]tions [hat will be relative 1.0 vertical datulTl.
Robert W. Droll, Landscape Architect, PS, 4405 7'" Avenue, Lacey, W A, SE, 98503,360.456.3813, bob@nvdroll.com
2
Attachment A
Tukwila Pond Trail- Tukwila Parks & Recreation
4/24/2007
Task 4.0-l Boardwalk Plan & Details
Boardwalk Plan \-vill define the horiwntal and veltical alignment of Boardwalk, v,:hich anticipated to
be located over the water in locations where there is insufficient public property to locate the 1.r8il in
an upland area. R WD will provide all details and calculations 10 comply local codes, ADA
regulations and International Building Coele.
Tasl( 4.05 Site Details
Prepare details for project site improvements.
Tasks 4.06 Estimate of Probable Costs
R Wf) wi II provide Estimate of Probable Cost baseclupon measured qU8i1tities. R \YO will organize
Est imatc by Trai I Segment to al low Client to render Phasing decisions i r necessary. Estim8\c wi II
include all Project Development Costs including consultant costs, construclion administration,
l1lobi I ization. bonds, conlingehcies, taxes. projected constl'llction ):ear cost escalation (if necessary).
taws and all iclentiliecl costs associated with this project's development.. -
Tasl( 4.07 Rcview with Staff
Review Plans \\.-ith StafT.
Task 5
Filial Design - 90% Submittal
Tasks 5.01-5.06 a1'e the same Tasks as 4,01-4.06 except Work will be at a 90% completion level.
Task 5.07 Specifications
Prepare Technical Speci fications, Sec1ions 1-16, in Construction Speci rication Institu1e (CS I) format.
Task 5.08 Review with Staff
Review Plans with Staft'.
Task 5.09 Building Permit Application & PJ"ocessj!l~
R WO wi II submit and pmcess Building Permi1 applications.
Task 5.10 Quality Hcview
RWD will retain a Construction Manager tn review a set of bid documents.
Task 6
Contract Docnments - IOO% Submittal
Tasks 6.01-6.07 nn~ the same Tasks as 5.01-5.07 except \Vodt "viii he lilt a 100'1., complction level
and ready for Advertising and Bidding.
Tasl{ 6.08 Assemble & Deliver Contmct Documents
R WD will assemble Technical Specifications and Plans in .pM rnnllat and I<in\ard 10 Clien!.
Robert W. Droll, Landscape Architect, PS, 4405 7ih Avenue, Lacey, W A, SE, 98503, 360.456.3813, bob@rwdroll.com
3
Attachment A
Tukwila Pond Trail- Tukwila Parks & Recreation
4/24/2007
I Task 7
Project Management
Tasl,5.iH Project Management
Manage the conlradual clemcnts. scheduling. billing and riming of pro.i ec I. Manage thc coordination
ofconsultunts and the execution of the Project Schedule. Communicate and coordinate with Client.
Task 8
Bidding Negotiations, Award
Task 10.01 Pre-Bid Conference
RWD ,,-ill allend Pre-Bid ConfCrencc and prepare Addenda, irncccssar~:..
Task 9
Construction Adminislnltioll
The following Ta~ks will be Ilcgolimed al the lime of Bidding, if requested by Client.
Task 9.0 I
Task 9.02
Task 9.03
PI"C-Co!lstmction Conft'n~nce
Submittal Review
COllstnIctioll Observation
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-simul~tions, perspective character
sketches
:> Tree valuation, noise studies, air quality studies
:> Boundary Survey
:> 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 wiII 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 ofthe 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 71Jo Avenue, Lacey. \VA, SE, 98503, 360.456.3813, bob@rwdroll.com
4
Attachment A
Tukwila Pond Trail- Tukwila Parks & Recreation
4/24/2007
:> 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.
Robert W. Droll. Landscape Architect, PS, 4405 71h Avenue, Lacey. W A, SE, 98503. 360.456.3813. bob@rwdroll.com
5
3 -16 -07
Tukwila Pond Interpretive Trail
City of Tukwila, WA
Project Scope of Work Fee
Tasks
Phase 1
Tasks Subtotal
Direct Expenses (plots, phone, reproduction,
mail, travel)
Subconsullant Administration
1 Professional Services Fee Total
Robert W. Droll, Landscape Architect, PS
Total
1,500.00
5,600.00
90,820.001
RWD
Attachment B
Bob Droll /Project
Manager Land. Tech III Clerical
;hours; total 'hours total ;hours; total
1.001Schematic Design 35% Submittal I I 1
1.011Site Visit 1,600.00 1 8 920.00 81 680.00
1.021Wetland Delineation 6,800.00 4 460.00 41 340.00
1.03 1 Boundary and Design Survey 30,260.00 8 920.00 4 340.00
1.041Concept Plan Cost Estimate I 9,740.00 1 16 1,840.00 40 3,400.00
1.05 PreSubmission Conference w/ Tukwila 970.00 4 460.00 6 510.00
'Task Total I 49,370.00 1 1
2.00lPermit Submittal Processing 55% 1
2.011Lavout/Grading Plans 1 2,270.00 21 230.00 24 2.040.00
2.021Boardwalk Plan and Details 1 5,090.00 21 230.00 16 1,360.00
SEPA and JARPA Permitting /Processing,
2.03 Biological Assessment 21,680.00 40 4,600.00 48 4,080.00
2.041111ustrative Plan I 920.00 1 81 920.00
2.05 Public Presentation of Tukwila Pond Trail 920.00 8 920.00
I I ask Iotai I$ 30,880.00 1 1
3.00 Meetings Project Coordination
Project Management via phone, fax, email,
3.01 etc 3,470.00 24 2,760.00 2 170.00 12 540.00
i ask total 1 3,470.00 1
83,720.00 11,500.00
Wetiana
Delineation
The Coot
Company
total
1 6,000.00
29,000.00 3,000.00 5,000.00
360.456.3813
3 -16-C
Tukwila Pond Interpretive Trail
City of Tukwila, WA
Project Scope of Work Fee
Tasks Total
Phase 2
1 4.001 Deslan Development 160% Submittal
I 4.01ITItle Sheet
1 4.021 Demolition &TESC Plan
1 4.031Layout/Grading Plans
I 4.041 Boardwalk Plan and Details 5
1 4.05ISite Details
I 4.061 Estimate of Probable Costs
1 4.071 Review with Staff
I Task Total
1
1 5.001FInal Design 90% Submittal
1 5.01 ITitle Sheet
1 5.021 Demolition TESC Plan
5.031Layout/Grading Plan
5.041 Boardwalk Plan and Details
5.051Site Details 5
I 5.061 Estimate of Probable Costs
1 5.071Specifications Division 1 -16 5
1 5.081 Review with Staff
1 5.091 Building Permit Application /Processing
1 5.101Quality Review 5
I Task Total
1
6.001 Bid Documents 100% Submittal
6.01 ITitle Sheet
6.021 Demolition TESC Plan
6.031Layout/Gradinq Plan
6.041Boardwalk Plan and Details
6.051S ite Details 5
6.061 Estimate of Probable Costs
6.O71Soecifications Division 1 -16 5
6.08IAssemble Deliver Contract Documents
'Task Total 1
7,001 Meetings l Project Coordination
7.011 Project Management via phone, fax, email, etc 1
ITask Total I
8.001Bidding, Negotiations 1
ITask Total 1
i I
9.00IConstructton Services
9.011Pre- Construction Conference 1
9.021Construdion Observation 1
9,031 Punchllst and Final Walk -Thru I
{Task Total I
Tasks Subtotal
Direct Expenses (plots, phone, reproduction, mall, travel)
Subconsultant Administration
1 Professlonal Services Fee Total 5
Robert W. Droll, Landscape Architect, PS
Attachment B
Phase 2
Not in this Scope
of Work
360.456.3813