HomeMy WebLinkAbout01-098 - Cosmopolitan Engineering Group - Cascade View Community Park Landscape ArchitectureENGIN RING
GROUP
Civil, Environmental,
and Recreational
Consulting
8th & Pacific
117 South 8th Street
Tacoma, WA 98402
(253) 272-7220
Fax: (253) 212.7250
;AC
February 10, 2003
deno' i ni 1D
SIG DI -0(4 (a)
Rick Still, Assistant Director
City of Tukwila Parks & Recreation Dept.
i2'2Ar^r2nd '.,.�.
Tukwila, WA 98168
Re: Billing for Services outside Contract Scope - $ 20,000.00
Cascade View Community Park
Dear Rick:
Enclosed is our billing for Services provided for the above project, which we agreed were
beyond the contracted scope of work. The extra services include hours incurred in the
following activities:
1. Coordination and meetings with potential park donators to establish the projected
project costs and items to be included in the contract. Anticipating outside
participation by these potential donors, we were directed to add embellishments to
certain elements to make the park a more unique experience, and thus adding
construction costs to the project.
2. Coordination meetings and correspondence concerning the interface with the
International Boulevard Improvements. Certain elements such as paving at the
entry corner plazas and such were changed to reflect the design elements from that
half.
been changed back to the original design to save construction costs.
3. Additional coordination meetings and correspondence with the staff, Art/Architect
Consultant and Art Commission developing the preliminary design approach
the project would take with an International theme. We used sketch information
provided by the Art/Architech concerning Gazebo and light design plus footings
information which was used in the initial bid set that was issued in June and later in
July.
4. The parks project was issued in June of 2001 as a stand alone project and after bid
sets were being put out onto the street and a prebid meeting was held on site, the
project was put on hold to add the street improvements projects for South 144th
Street, 37th Avenue South and 142nd Place.
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At this point significant coordination time was required to interface the parks and
street improvement projects. Critical items included grading interface ofthe two
projects as well as connecting sub -drains to the street storm system, and redesign
of the street parking on 37th Avenue S.
5. The parks project was reissued in late July, the timing of which we felt seriously
compromised the chances of successfully bidding the project, as the Contractor
would have faced having to finish the parks project in a six week period to get
hydroseed down by the "drop dead" October seeding date. There was also the fact
that there were two specification formats included within the same
specification, which may have added confusion to the process of bidding.
6. After the project bids came in, several meetings were held to discuss the overbid
and how to cut costs for the project. During these meetings, significant cost
cutting measures were discussed. At that time, per your request, Cosmopolitan sent
a schedule to make changes to the drawings and gave a preliminary fee proposal to
do the redesign and reissue the contract documents for rebid. At that time, we felt
it would take a period of two months to coordinate the design changes needed and
to change the parks specification format from CSI to WSDOT to match the street
improvement side of the project.
7. One week before Christmas we were given the go ahead to do this work and have
since been actively coordinating with KPG and "archtype" (the Architect/Artist) to
get the contract documents ready for rebid. We are almost there with a few
outstanding items to coordinate such as the latest Gazebo/Light footing design and
layout, and a few last specification cleanup items.
The extra services fees include anticipated time to finalize and put out the construction
documents.
We look forward to a successful rebid of the project and appreciate your understanding
concerning this matter.
Very truly yours,
COSMOPOLITAN ENGINEERING GROUP, INC.
Duane L. Edwards
Landscape Architect
ADDITIONAL SCOPE OF WORK APPROVED:
Fletcher, Director of P & R
Steven M. Mullet, Mayor
Date
SAPM
Date
CONSULTANT AGREEMENT FOR
LANDSCAPE ARCHITECTURE SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred
to as "the City," and Cosmopolitan Engineering Group, 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 landscape
architecture services in connection with the project titled Cascade View Park.
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. 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 120 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 Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $38,400 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 is 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 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 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 perform-
ance 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 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
$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)
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 inde-
pendent 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
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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.
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
ply
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16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188.
Notices to Consultant shall be sent to the following address:
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.
DATED this (Zvi day of
CITY OF TUKWILA
Steven M. Mullet, Mayor
Attest/Authenticated:
e E. Cantu, CMC, City Clerk
, 2001.
CONSULTANT /
By: _ �-•�c71
Title: P Sf z,67,07—
Approved
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Approved as to Form:
0 ice o the Ci Attorney
4
INGINING
GROUP
Civil, Environmental,
and Recreational
Consufing
8th & Pachic
, 117 South 81h Street
Tacoma, WA 98402
(253) 272.7220
Fax: (253) 272.7250
• •
Exhibit "A"
July 19, 2001
Mr. Rick Still, Assistant Director
City of Tukwila Parks & Recreation Department
12424 42nd Avenue South
Tukwila, WA 98168
Re: Cascade View Park, Revised Scope and Budget
Dear Rick:
Cosmopolitan Engineering Group is pleased to submit this proposed engineering
Scope and Budget for the design and construction documents for Cascade View
Park, located along 37th Ave S., between 142n1 and 144th in Tukwila
Washington. Upon acceptance this document shall become Exhibit 'A' to our
professional services contract with the City of Tukwila.
Project Intent
Cosmopolitan Engineering Group shall provide professional services to the City
of Tukwila for the design, construction drawings, specifications, cost estimation,
bidding review and construction administration for improvements to Cascade
View Park, specifically for the scope of improvements generally defined and
portrayed by the 5/1/01 Neighborhood Park Schematic Design drawing and
schedule of design elements described in the project outline distributing during
the consultant selection process.
We understand the total project to be $375,000, including, cost of construction,
taxes, fees and contingency (excluding A&E fees).
Based upon these documents and per our subsequent conversation on Friday
June 30 we understand the desired project flavor to be in the flavor of a
European `commons' configured and detailed with the charm of a pedestrian
oriented village gathering space, with components generally consisting of:
ci Children's play area incorporating off-the-shelf play structures, in an
appropriate setting, with play opportunity for a range of age groups.
o Central plaza area with hard surfaces, site furnishings and accoutrements
to encourage gathering, seating and viewing and passive recreation
activities.
• •
o A multi -use, gazebo style structure to provide shade, seating and viewing
for adults in proximity to play areas.
o Open lawn areas for mixed use but not intended for programmed athletic
play.
o Areas for seasonal plantings, perhaps in raised beds.
❑ Site utility improvements to accommodate site stormwater drainage,
provision of water for drinking fountain, extension of existing sanitary
sewer for drinking fountain and future restroom structure, and electrical
service.
❑ Site lighting in the form of ornamental pole lamps.
❑ Landscape planting and irrigation.
o The inclusion of public art. We recommend that the artist and artwork be
commissioned by the Tukwila Art Commission and that Cosmopolitan
collaborate with the artist to integrate the artwork into the greater park
setting.
o Pathways at ADA accessible gradients. We understand that all perimeter
concrete sidewalks (including curbs, parking and asphalt paving) shall be
budgeted, designed and constructed by others under the concurrent street
improvements project for roadways abutting the north, south and east
edges of the park. Our work shall be closely coordinated to match grade
and alignment of pathways for a `seamless' appearance upon project
completion.
Scope of Work
In order to achieve this intent we have organized the project into the following
series of tasks:
1.) Verification of Existing Documents
In order to refine design work for this project we shall begin by reviewing
existing site information in order to fine-tune the Schematic Design to best
fit the site. These documents shall provide the outline for meetings and
further discussions with the City of Tukwila included in this task item.
Those documents include:
A. Site survey and Demolition Plans prepared by the City of Tukwila
B. 5/1/01 Conceptual Design for Cascade View Park
C. Other City zoning or planning documents as appropriate
The products of this task shall be a revised Schematic Design Drawing and
Technical Memoranda as appropriate to confirm consensus of design
direction.
2) Design Development
•
Upon acceptance of the revised Schematic Design we shall prepare a 50%
set of design documents for City of Tukwila review. Meetings with City
staff and advisory groups and committees as required to attain 50%
completion are included in this task. The preparation of presentation
graphics as request for grant application (IAC presentation for purchase of
additional property parcel) is included in this task. Design Development
documents shall include the following:
A. 50% Plans, Sections, Elevations and Detail Drawings (AutoCAD
R14)
B. Outline Construction Specifications
C. Design Report including program summary, design narrative,
minutes from project review meetings, and product/equipment
information
D. Estimation of probable construction cost
The products of this task shall be the 50% printed documents as itemized
above and associated Technical Memoranda as appropriate.
3) Construction Documents
Upon acceptance of the Design Development documents and with written
direction, we shall prepare final bidding and construction documents for the
project as defined by the scope of park improvements. We shall utilize the
site survey and post -demolition and grading `as -built' drawing prepared by
the City of Tukwila as the basis for our design work. Supplemental site
surveying or verifications as required shall be provided by the City of
Tukwila.
Construction Documents shall be submitted at 95% and 100% levels of
completion. Documents shall be provided for permit submittal by the City of
Tukwila at this level of completion. Meetings with City staff and advisory
groups and committees as required to attain 95% and 100% completion are
included in this task. Based upon our understanding of the project at this
time the 95% and 100% construction documents shall consist of the
following:
A. Cover sheet with Owner and project information and site
location maps
B. Existing site survey (provided by City of Tukwila)
C. Temporary Sedimentation and Erosion Control Plan (if
required)
D. Grading and Drainage Plan and Details
• •
Storm Drainage design shall be coordinated with City of Tukwila
design for storm drainage for adjacent streets. No downstream
analysis or storm drainage report shall be completed under this Scope
of Work
E. Site Layout and Materials Plan
F. Site Utilities Plan and Details
Likely to include Sanitary Sewer extension into park from existing
side sewer and extension into park of water main from water meter
provided and installed by the City of Tukwila.
G. Site Plan Enlargements for Select Areas (plazas, play areas, etc.)
Il. Site Sections and Elevations
I. Gazebo (structure) Plans and Details (may be manufactured.
shop drawings)
J. Landscape Plan and Details (trees, shrubs, groundcover and
turf)
K. Irrigation Plan and Details
L. Electrical Nan and Details
M. Construction Details (paving, masonry, site furnishings, wood
construction, signage, fencing, etc.)
N. Project Manual
Cosmopolitan Engineering Group shall generate Division 1 and
Division 2 Construction Specifications in CSI format and shall
review the City of Tukwila's General Specifications and Bidder's
Proposal to verify compatibility and completeness of the document.
We shall assist the City in developing the bidding strategy and form
of bid including base bid, alternates, and Owner -provided elements
as appropriate. The City of Tukwila shall then assimilate all
components of the Project Manual into final camera-ready copy and
shall be responsible for printing and dissemination of documents.
0. Estimation of Probable Construction Cost
Cosmopolitan Engineering Group shall develop a final Estimation of
Probable Construction Cost at the 95% and 100% completion levels
and the final bid documents modified accordingly.
The products of this task shall be the 95% and 100% printed documents as
itemized above and associated Technical Memoranda as appropriate.
4) Bidding Assistance
Cosmopolitan Engineering Group shall provide assistance to the City of
Tukwila throughout the advertising and bidding process to include the
following:
A. Review Advertisement for Bid prepared by City of Tukwila
B. Respond to bidder's questions and issue addenda concerning design
issues
C. Attend and participate in pre-bid conference
D. Attend and participate in bid opening, review bids and provide
written review and recommendation of bid award. (optional)
E. Attend and participate in pre -construction meeting.
The products of this task shall be written correspondence, addenda, field reports
and meeting minutes as appropriate.
5) Construction Administration
Cosmopolitan Engineering Group shall provide Construction Administration
to the City of Tukwila throughout the course of construction. For the
purposes of this fee proposal we estimate no more than twenty (20) on-site
construction review meetings. Meetings beyond that number shall be
considered extra services and billed for at an hourly rate. Construction
Administration services shall include the following:
A. Shop Drawing and Submittal review
B. Respond to Contractors Requests for Information (R.F.I.)
C. Periodic site inspection and issuance of field reports
D. Final inspection and preparation of punch -list
E. Issuance of Certificate of Substantial Completion
F. Review contractor's As -Built Drawings for completeness
G. Review contractors project close-out submittals for completeness
H. Attend and participate in one-year warranty inspection
The products of this task shall be written correspondence, field reports, written
letters of acceptance and meeting minutes as appropriate. Drafting of As -built
drawings by Cosmopolitan Engineering Group is not included in this scope of
work.
6) Exclusions
The following items shall not be considered a part of this Scope of Work
I. Site Survey
J. Geotechnical, Soils, or Sensitive Areas (Wetlands, Slopes, Etc.)
Analysis
K. Construction or Materials Testing
L. Storm Drainage Report or Downstream Analysis (assumed to be
completed by City of Tukwila for adjacent roadway grading and
drainage design
•
M. Work beyond the physical limits of the existing project boundaries
N. SEPA or EIS document preparation (assumed to be completed by
City of Tukwila for current demolition and grading project.
Exhibit "B"
7) Fee
Fee for the professional services described herein shall be based upon
Cosmopolitan Engineering Group's current schedule of professional billing rates
and shall be payable based upon a monthly billir g of percentage of work
completed. Fee shall be as follows:
Task 1 — Verification of Existing Documents $3,200
Task 2 — Design Development $9,600
Task 3 — Construction Documents $16,000
Task 4 — Bidding Assistance $3,200
Task 5 — ConstructionAdministration $6400
Total Estimated Fee (Lump Sum) S38,400
Cosmopolitan Engineering Group
2001 Billing Rates
William P. Fox Principal $ 123.75
James K. D'Aboy Principal $ 121.00
William S. Helbig Principal $ 121.00
Ronald Hines Proj Eng IV $ 123.75
Robert A. Fowlie Proj Eng III $ 81.50
Merita Trohimovich Proj Eng III $ 81.00
Duane L. Edwards Land Arch $ 74,16
Marty J. Stump Land Arch $ 74.00
Ronel Brewer Eng 1 $ 64.00
Karen Yanasak Accounting $ 65.00
Janice Coburn Wordprocessor $ 65.00
Ronald G. Lamarca Administrative $ 45.00
Tiffany Maggard Administrative $ 36 00