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HomeMy WebLinkAbout19-100 - Blueline - Tukwila South Trail Master Plan (Landscape Architecture)����~�,� ~="�� xum^w^«a Contract Number: 19-100 Council Approval N/A CONSULTANT AGREEMENT FOR Tukwila South Trail consultant SERVICES THIS AGREEMENT is entered into between the City of Tukwi|m. VVmohington, hereinafter referred tooa "the City", and B|uo|ino. hereinafter referred toao "the Consultant", inconsideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform ConouUing services in connection with the project titled Tukwila South Trail. 2. Scope ofServices. The Consultant agrees 0operform the services, identified mnExhibit ^A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Aqreemnemt| Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending September 30m201S. 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 ehm|| perform all oon/|ceo and provide all work product required pursuant hothis Agreement no later than Geptenlber3Om 2019 unless an extension ofsuch 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 aofollows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $25.000 without express written modification of the Agreement signed by the Qty. 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 tothe Consultant inthe 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 bythe City. D. Payment as provided in this section shall be full compensation for work performnad, services nyndered, and for all mnmberio|m, oupp|iea, equipment and incidentals necessary bocomplete 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 ehe|| be made available upon nyqugoL 5. Ownership and Use of Documents. All documonts, drmvvngm, specifications and other materials produced by the Consultant in connection with the umn/|cea rendered under this Agreement shall be the property ofthe City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copiem, including reproducible ompieo, of drawings and specifications for infornnoUon, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documento, drawingm, specifications or other materials by the City on any project otherthan the project specified inthis Agreement. 6. Compliance with Laws. The Consultant shall, in performing the oen/|neo contemplated by this Aoneonmont, faithfully observe and comply with all fedena|, stmb*. and |000| |avxs. ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defand, indemnify and hold the Cib/, its officers, officia|o, employees and volunteers harmless from any and all c|aimns, injuries, damages, losses or suits including attorney feea, arising out of or resulting from the actn, errors or omissions of the Consultant in performance of this Aonaennont, except for injuries and damages caused bythe sole negligence ofthe City. Should a court of competent jurisdiction determine that this Agreement is subject to RCVV 4.24.115, then, in the event ofliability for damages arising out ofbodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the Citv, its officero, offioim|o, ennp|oyaes, and volunteers, the Consultant's liability hereunder shall be only to the m*±ant 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 RCVV, solely for the purposes ofthis indemnification. This waiver has been mutually negotiated bythe parties. The provisions of this section shall survive the expiration or termination of this Agreement. O. Unmwnancm' The Consultant shall procure and maintain for the duration ofthe Agreement, insurance against claims for injuries topersonsordmmnagmtopnopedyvvhichnnaysriaefronn o, in connection with the performance ofthe work hereunder by the Connu|tmnt, its agents, nappeaenbaUvmo. or employees. Consultant's maintenance of insurance as required by the agreement ahe|| not be construed to limit the ||mbi|ib/ of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law orinequity. A. Minimum Amounts and Scope of Unsumamoa' Consultant oho|| obtain insurance of the types and with the limits described below: 1. Automobile Liabi|ih/ insurance with e minimum combined single limit for bodily injury and property damage of $1.000.000 per accident. Automobile Liability insurance shall cover all owned, non-ovvnmd.hired and leased vehicles. Coverage ohm|| be written on Insurance Smn/ioms Office (ISO) form CAOO 01 orssubstitute form providing equivalent liability coverage. If naoossory, the policy ohm|| be endorsed to provide onrtnsmtuo| liability coverage. 2. Commercial General Liabi|ih/ insurance with limits no less than $1.000.000 each occurrence, $2.000.000 ganmou| aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG OO 01 and ahoU cover liability arising from pnamiaea, openmUono, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Connnnmroia| General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance |avva of the State of Washington. CA revised: 1-2013 4. Professional Liabilitv with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate Um|L Professional Liability insurance ohmU beappropriate tothe Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial <3mnana| Liability insurance policies one to contein, or be endorsed to contain that they eho|| be primary insurance with respect tothe City. Any |nmuranoe, ae|f-inmunonoe, or insurance pool coverage maintained by the City shall be mxommo of the Consultant's insurance and shall not becontributed orcombined with it. C. Acceptability of Insurers' Insurance is tobeplaced with insurers with ocurrent A.M. Best rating ofnot less than AjJ|. D. Verification mfCoverage. Consultant shall furnish the City with original certificates and a copy of the amendatory andonaennents, 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 ahoU be delivered to the City within fifteen (15) days of execution oythis 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 ehe|| constitute a material breach of contnaot, upon which the City may, after giving five business days notice to the Consultant to correct the bneach, 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 demnmnd, or at the mo|o discretion of the C|b/, 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 smn/ioeo 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 aho|| 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, mrany employee ofthe Consultant. 10. Covenant AqeinetCont7nqent Fees' The Consultant warrants that hehas not employed or retained any company or pmnson, other than a bonmfide employee working solely for the Consultant, to solicit or secure this contrect, and that he has not paid or agreed to pay any company or pmroon, other than a bonafide employee working solely for the Consu|bont, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or neou|Un0 from the avvond or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without |iobi|ity, or in its discretion to deduct from the contract price or consideration, or otherwise nacovar, the full amount ofsuch fee, ommmniesimn, peroenbege, brokerage fee, gift. orcontingent fee. 11. Discrimination Prohibited. The Consu|tant, with regard to the work performed by it under this Aopamnnant, will not discriminate on the grounds of rmce, ra|iQion, creed, oo|or, national or|0in, ago, veteran etotus, sex, sexual orientation, gender |dentib/, marital ntahmo, political affiliation or the presence of any diomb|||tv in the eo|not|mn and retention of employees or procurement mfmaterials mrsupplies. oxrevised : 1-203 12. Assiqnmmemt' The Consultant shall not sublet or assign any ofthe services covered by this Agreement without the express written consent mfthe 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 e waiver mfany other provision. 14. Termination. A. The City reoon/ea the right to terminate this Agreement at any time by giving ten /10\ days written notice tothe Consultant. B. In the event of the death of mennbor, partner or officer of the Cmnsu|tant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree bocomplete the work under the terms ofthis Agreement, ifrequested todo so by the City. This section eho|| not be m bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; "mwmme: AftormwV`m Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable fedena|, state and local |axvo, megu|otimne, and ru|mm, including the provisions of the City of Tukwila Municipal Coda and ond|nonnma of the C|h/ of Tukwila. In the event any ouit, mrbitnaUnn, 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 mho|| be entitled to its attornmv'o fees and costs of suit. Venue for any action arising from or related tothis Agreement shall bmexclusively |n King County Superior Court. 16. Smvmmub||imKamd Survival. |fany term, condition orprovision ofthis Agreement |adeclared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions mhm|| n*nnmin fully enforceable. The provisions of this AopaennanL which by their sense and context are reasonably intended to survive the oomnp|e[ion, expiration or cancellation of this Amnaennent, shall survive termination of this AoraannanL 17. Notices. Notices [mthe City ofTukwila shall basent tothe following address: City Clerk City ofTukwila 82UD@outhcenb*rBoulevard Tukwila, WA 98188 Notices toConsultant shall bmsent tothe following address: / �-� / z1 �� �' . 0� .'w~w '/w� �u -'��/p -zY� T'~'|V/4 %/8� 18. Entire A0pmemment; 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, repnaoenbaUone, or agreements written or oral. No amendment or modification of this Agreement shall be pfany force or effect unless it is in writing and signed Uythe parties. oxrevised: 1-2m10 :2 DATED this -/ day of 20 CITY OF TUKWILA Allan Ekberg, Mayor Attest/Authenticated: City Clerk, Christy O'Flaherty CA revised : 1-2013 CONSULTANT By: Printed Name: Title: Approved as to Form: Page 5 E May 21,ZV19 Mr. Kris Kelly — Project Manager City ofTukwila Parks and Recreation I2424-42 dAvenue South Tukwila, VVA9DI6Q Ks: Tukwila South Trail Master Plan —Tuk~U^xvA Proposal for Landscape Architectural Services Dear Kris: 0ve|ine is pleased to present this proposal for landscape architecture services for the Tukwila South Trail Master Plan project. Below is our understanding of the proposed project as well as a summary of the fees for providing our services. FIRG,JGCTUNIDFRSTAI�iWNG Based on the site meeting with Robert Eaton and Kris Kelly onThursday, May 16, 2019, we understand Tukwila ParksandRecreationwmu|d|iketocomractwithB|ue|inetoprepareatrai|stvdKnobeknownasthe^Tukwi|aTrai| South Master Plan Study". This multi -use trail extension will be located on the west side of the Green River and contained within the existing riverbank/levee area. The trail route will begin on South 180th Street, south ofthe existing wood bridge and north ofAndover Park West. The trail will terminate at South 200mStreet. Following is alist ofproposed task items along with the fixed fee associated with each: MW OO 00'�n JIN Site/Trail Reconnaissance Work Mu��urp�eTm�e�eUseR��mh ' Preliminary Trail Plwith Access Points & Rest Nodes 111�����^ �� � �MA A� N | �/ | | 1 002 003 004 005 006 Preliminary Opinion ofCost/Funding Su 10 Refined Trail Plan with Graphic $7I00.00 Deliverable — Final Tril Master Plan Study Please see attached Exhibit A — Scope and Fee document for a more detailed description of the scope of work and associated fees. Thank you for the opportunity to provide this proposal and do not hesitate to contact me with any questions at(4Z5)25O'7275. Melvin KEaster, PLA Landscape Architect/Studio Director Attachments: ExhbitA—Scope&Fee Hourly Rate Schedule THGBLUEUNEGROUpC0KA \ANN USS[enxaIvvay'ke4O0k|and'\A/ A88033 EXH|B|TA-S[OPE & FEE EsT|K4ATE Pin'^ect Namme:TnIIIS�'Uth TrmNMAasterPVam Job #:19-411 Effective Date: 1121,2019 -� .� � . .��U/"`���Q�l����ss&nce �Fee�$3,#@0.00 1. Site visit and meeting with City and Blueline staff towalk the trail route discuss potential locations for trail "access points" toconnect toadjacent properties. Z Observe and evaluate the elevations and varying conditions of the existing levee and riverbank. 3. Prepare a Site Analysis that provides illustrative information about the existing site/trail conditions - opportunities and constraints. May include photos, sketches, sections, etc. oSSUK0PDONS &EXCLUS|ONS The scope and fee for this task includes the following assumptions and exclusions: ° City to provide Easement Map of the trail route - assumes no site survey information is available. * Trail width and configuration shall be based on the current City multi -use trail section/detail. .���`7F �0(��"� U t^-P�.,�rpose'"Fra^h& Levee Research �I$1,500.00 l. Provderesearchoncunentapproachtomubi'usetmi|systems-|ayout,configuradons,mateha|opdons, rest points, accessto adjacent properties, intersection with streets, connection to existing trail, etc. Z. Research City ofKent concept(s)for loop trail systems. 3. Determine materials, trail width, planting, etc. allowed on the levee/riverbank area. 4. Meet with City to provide a summary ofour work in Tasks #1 and #Z, including preliminary input on optional funding sources. 7-ask 003 Tr -a'| Layout P a n dth Access Po^rits & [)ar,R/Rest � ode s Fee., $7,000.0U l. Prepare an overall trail layout plan from South 180th Street to South 2 001h Street, including notations of unique conditions, trail width(s), proposed retaining walls, screening, etc. I. Provide location of approximately (8) trail "access" points that will serve as connections to adjacent central business district and private properties. ]. Evaluate location and layout ofpotential "loop sys ems" 4. Identify multiple locations for park/rest nodes. 5. Prepare initial enlargement sketches, trail cross section(s), park/restnodes' access points, etc. ����� "�m"0�� -" �Irey`rr`narVOph-`on of Proba bvU e EXH|8|TA-SCOPE & FEE EST|&4ATE W���| � /*. � . �&��burces Fee:1$3^0(4.01 1. Prepare a preliminary "opinion of probable cost" for implementation of the proposed trail - including design, trail and associated feature elements (access points, park/rest nodes, etc.) l Provide an analysis and summary of likely grant and other funding programs that could apply tofinal design and construction ofthe trail and associated features. 3. Meeting with City to provide summary of our work in tasks #3 and #4. . ask � 0 L/ �` � � 7F ' ".K�.U����"^ ,��i Nari Mth (-ra fflt.istrat4ns Fee. $7,000.0* 1. Provide final graphic illustrations based onfeedback from Task #3and #4. l Prepare the overall trail plan with notes and annotations, locations of trail access points, park/rest nodes, trail cross sections, etc. 3. Provide supporting illustrative plans/details (in color) of trail images, entry and access points, park/rest nodes, trial section(s),etc. De `Vera :3 '�ria|'F[aH Master Nar''t Study Fee: $3,000.00 l. Based onfinal city input from Task #5 prepare completed trail study documentation, including updated opinion of probable cost, overall trail plan, supporting (color) enlargements, and funding program alternatives. 2. Once approved, submit final trail master plan documents to the printer for final production. City to determine quantity ofdocuments tobeproduced and submitted. � `+e n e ra AssHrn[�)tkms wr�id Noles w Scope and fees outlined above are based on the Project Understanding included with this proposal. w A maximum of 2 weeks is anticipated for required interim city reviews and provision of feedback. a The Client shall provide Blueline with all available site and property documentation. ° Scope ofwork assumes NDpublic meetings orpresentations will 6erequired. • The fees stated above do not include reimbursable expenses such as printing, large format copies (larger than legal dze)'mileage, and plots. ThesewiUappearunderosepamtetaskcaUedEXPENSES. ~ Time and expense items are based on8|ue|ine'scurrent hourly rates. • Client revisions or additional services requested after the work is completed will be billed at an hourly rate under anew task called Client Requested Revisions. Afee estimate can beprovided tothe Client prior toproceeding with this work. * Note: This proposal assumes a maximum of $500.00 allotted for reimbursable expenses. z AM 201�� HOURLY THING RAI"E," SCHED Principal Landscape Architect $150/hr Project Manager $130/hr Project Landscape Architect $115/hr Landscape Designer $95/hr Landscape Technician $85/hr Planner $128/hr Assistant Planner $116/hr Permitting Coordinator $86/hr I. E Notes: ° Standard hourly rates include expenses for telephone, fax, photocopies (letter and legal size),and postage. Please refer to Blueline's standard contract regarding the firm's policy regarding other project expenses. 2019 MIHLEAGE RATE SCHEMYLE Mileage $1.00/mi|e NOTE: ALL R4TESAREEFFECOVE]ANUARY�� 2019, AREREV|EVVEDANNUALLYxNDAli EA0U5TEDACCORDINGLY, THEBLUEL�WEGRQUP, C 0N1 �M4IN 4Z5Jlt)40Sl 2')[cm,a|Suire40O!KirkianU'VVA98O33