HomeMy WebLinkAbout24-117 - J.A. Brennan Associates - Chinook Wind Public Access Construction SupportAmendment # 1
Between the City of Tukwila and J.A. Brennan Associates
That portion of Contract No. 24-117 between the City of Tukwila and J.A. Brennan
Associates, PLLC is hereby amended as follows:
Section 3: Duration of Agreement- Time for Performance. This Agreement shall be in
full force and effect for a period commencing upon execution and ending June 30, 2025
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 June 30, 2025 unless an extension of such time is granted in
writing by the City.
Section 4: Payment. The Consultant shall be paid by the City for completed work and
for services rendered under this Agreement as follows:
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 $16,945.00 without express written modification to the
Agreement signed by the City. The maximum amount payable under this contract as
amended inclusive of all fees and other costs shall not exceed $25,476.00 without
express written modifications of the Agreement signed by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this 23rd day of
CITY OF TUKWILA
DS L
ned by:
Pyr ow�as kr,�t,
Thomas McCleod, Mayor
December 2024.
CONTRACTOR
BY:
Printed Name:
Title:
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D • 00 Southcenter Boulevard, Tukwila WA 98188
ATTEST/AUTHENTICATED
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FOR Andy Youn, MMC, City Clerk
APPROVED AS TO FORM
Signed by:
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Office of e-ity ttorney
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December- 12, 2024
Exhibit B
Scope of Work
Chinook Wind Public Access Project
Contract No.24-117— Amendment 1
Contract extension for construction support services through physical completion in
June 2025
Prepared For:
Mike Perfetti, PLA
Surface Water Sr. Program Manager
City of Tukwila
6300 Southcenter Blvd Suite 200
Tukwila, WA 98166
C: 206.550.4930
Email: Mike.perfetti@tukwilawa.gov
Project Description
J.A. Brennan Associates will provide Landscape Architectural services to support construction review in
the completion of the trail implementation at the Chinook Wind project site.
Facet formerly (Davido Consulting Group (DCG)/ Watershed), as subconsultant to J.A. Brennan and
Associates, will provide civil engineering construction support for stormwater drainage, utility, and
paving.
The project is extended into June 2025 as the Contractor was unable to accomplish substantial completion
with an established seeded meadow. Additional site meetings and virtual progress meetings were
accomplished to support City staff due to the longevity of the construction contract.
The construction support services contract extension is structured to provide services to support the city
with monitoring erosion control measures, stormwater, plant review due to foraging by wildlife and to
provide a final site review at final completion. Additional resources are requested to support the design
team in compiling record drawings and for additional site and progress meetings.
See Exhibit B Fee Schedule for specific task items.
Task A— AdministrationlCoordination
Administration tasks include meeting coordination, scheduling, contract administration and subconsultant
administration costs and expenses.
Deliverables:
• As identified in the fee matrix
Task B — Construction Support
We assume the City will lead the construction management. J.A. Brennan and Facet will support
construction management attending a limited number of virtual meetings, limited site visits to review
erosion control measures, stormwater, and planting issues due to foraging wildlife. A final physical
completion walk is anticipated in April of 2025. The design team will also support with preparation of
electronic media record drawings incorporating contractor's "as-builts."
Facet will take redlined plans from the contractor, all RFI's field directives project emails and create a
finished, record drawing plan set.
Facet has budgeted time for 1 site visit, 2 project meetings and communication through June 2025
Deliverables Task B
• As noted in the fee matrix
Assumptions
General Assumptions:
1. Construction administration is limited to the number of site visits and or virtual meetings
identified in this scope of work and to the hours allocated in the attached fee matrix.
2. The Client will lead construction and administration, prepare weekly meeting notes.
3. J.A. Brennan does not provide contaminated soils remediation services.
4. Refer to Exhibit B Fee Matrix for specific products and scope items.
5. Coordination with archaeological support will be accomplished by City staff.
6. Any additional support will require additional services.
Facet Assumptions:
Construction administration is limited to the number of site visits and or virtual meetings
identified in this scope of work and to the hours allocated in the attached fee matrix.
2. Any additional support will require additional services.
City of Tukwila Chinook Wind Public Access Project Construction Support Scope of Work
EXHIBIT B - Fee Schedule
Client: Cay of Tukwila
Project: Chinook Wind Public Access
J.A. BRENNAN ASSOCIATES, PLLC
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2023 to 2028
PROJECT: Chinook Wind Public Access Project No. 91441202
King County purchased site and will restore it as a salmon estuary and passive park in partnership with the City.
DESCRIPTION: City CIP project is to develop public access and maintenance trail. Plan is to connect trail through PW shops to
Duwamish Gardens.
The WRIA 9 Salmon Recovery Plan recommends creating 20 -acres of off -channel habitat within the
JUSTIFICATION: Duwamish Transition Zone and lists this section of the river as critical habitat for salmon recovery
within the Green/Duwamish Watershed.
STATUS: King County construction slated to begin in 2021. City construction will be a separate contract, to start in 2022.
MAINT. IMPACT: Passive park will require additional maintenance.
COMMENT: Grant funding for County project is from the KC fee in -lieu mitigation program and KCD. City CIP has 50% RCO
ALEA funding.
FINANCIAL Through Estimated
(in 1000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL
EXPENSES
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Project Iocation
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Design 19 45
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64
Land (RNV)
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Monitoring
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85
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Construction
337
0
337
TOTAL EXPENSES 19 1 45
1 422
1 0
1 0 1 0
1 0 1 0 1 0 1 486
FUND SOURCES
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Awarded Grant ALEA 31
126
C
157
Proposed Grant
0
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0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue 19 14
296
0
0 0
0 0 0 329
TOTAL SOURCES 19 45
422
0
0 0
0 0 0 486
86
2023 - 2028 Capital Improvement Program
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2023 - 2028 Capital Improvement Program
City of Tukwila Contract Number: 24-117
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and J.A. Brennan Associates, PLLC, 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 construction support
services in connection with the project titled Chinook Wind.
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 December 31, 2024, 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 December 31, 2024 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 $8,531.00 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.
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.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020 Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. 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 Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. 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.
G. 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.
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.
CA revised May 2020 Page 3
11. Discrimination Prohibited. Contractor, 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,
the presence of any disability, or any other protected class status under state or federal law,
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.
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:
2701 First Ave, Suite 510
Seattle, WA 98121
18. Entire Aareement; 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.
CA revised May 2020 Page 4
DATED this day of A k JLAikl-z. 20-24
j -
City signatures, to be, obtained by consultant signature to, be obtained by
City'OleekiStaff ONLY,`* sponsor staff -
CITY OF TUKWILA CONSULTANT:
DS Signed by:
[E�rL -.-Ejv'-iKA6US hctuBy:
8EE24380545B44C
Thomas McLeod, Mayor
Printed Name:
ATTEST/AUTHENTICATED: Title: ........ ..
igned by,
E8...
Andy Youn, City Clerk
Signed by:
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-5E499CA4165E452
Of of the City Attorney
CA revwsed May 2020 Page 5
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August 26, 2024
Exhibit B
Scope of Work
Chinook Wind Public Access Project
Contract extension and renewed contract for construction support services
Prepared For:
Mike Perfetti
Habitat Project Manager
The City of Tukwila Public Works Department
Project Description
J.A. Brennan Associates will provide Landscape Architectural services to support construction review in
the completion of the trail implementation at the Chinook Wind project site.
Facet formerly (Davido Consulting Group (DCG)/ Watershed), as subconsultant to J.A. Brennan and
Associates, will provide civil engineering construction support for stormwater drainage, utility, and
paving.
The project paused construction in Apri12024 and is now restarting with an anticipated construction start
of August 26`h, 2024, and completion of October 2024. The design team contract will be through the end
of December 31, 2024. A portion of the design team construction support budget was spent during the
initial start of the work. The design team has a remaining budget of $8,531.00. The construction support
services contract extension is structured to provide services based on the remaining fee.
See Exhibit B Fee Schedule for specific task items.
Task A — Administration/Coordination
Administration tasks include meeting coordination, scheduling, contract administration and subconsultant
administration costs and expenses.
Deliverables:
0 As identified in the fee matrix
Task B — Construction Support
We assume the City will lead the construction management. J.A. Brennan will support construction
management by reviewing and responding to submittals, requests for information (R.F.I.), providing
back-up documentation for the City's issuance of modification proposals, attending a limited number of
virtual meetings, one site visit for punch list, support with preparation of a punch list document prior to,
substantial completion and prepare electronic media record drawings incorporating contractor's "as-
builts".
Deliverables Task B
• As noted in the fee matrix
Assumptions
General Assumptions:
1. Construction administration is limited to the number of site visits and or virtual meetings
identified in this scope of work and to the hours allocated in the attached fee matrix.
2. The Client will lead construction and administration, prepare weekly meeting notes.
3. J.A. Brennan does not provide contaminated soils remediation services.
4. Refer to Exhibit B Fee Matrix for specific products and scope items.
5. Coordination with archaeological support will be accomplished by City staff.
Facet Assumptions:
1. Construction administration is limited to the number of site visits and or virtual meetings
identified in this scope of work and to the hours allocated in the attached fee matrix.
2. Facet includes time for one submittal review.
3. Any additional support will require additional services.
City of Tukwila Chinook Wind Public Access Project Construction Support Scope of Work
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