HomeMy WebLinkAbout25-170 - Contract - Berger Partnership - Design Services: TCC Riverside Campus ProjectCity of Tukwila
• 6200 Southcenter Boulevard, Tukwila WA98188
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CONTRACT FOR SERVICES
Contract Number: 25-170
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Berger Partnership, hereinafter
referred to as "the Contractor," whose principal office is located at 1927 Post Alley Suite #2, Seattle, WA
98101.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method ®of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $98,000 at rates and for work items as
described by Exhibit A.
3. Contractor_Budoet. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Aareement. This Agreement shall be in full force and effect for a period commencing
May 12th, 2025, and ending December 3111, 2025, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor 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
Contractor nor any employee of Contractor 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 contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
6. Indemnj ication. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
CA Revised May 2020 Page 1 of 4
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 Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor'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.
7. insurance. The Contractor 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 Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
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 Contractor'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 Contractor's insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 4
of not less than A: VII.
E. Verification of Coverage. Contractor 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 Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City.
8. Record Keeoina and Reoortina.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits and Insoections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination, This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City's intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, 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 and Subcontract, The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. ,Ent rgAareemento.Modifj a •on. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Contractor 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 3 of 4
14. 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.
15. NoticesNotices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Aaalicable_Law:_Venue:_Attornev's_Fees, This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. 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.
DATED this 13th day of May, 2025.
CITY OF TUKWILA
Signed by: -Initial
1�,e�,as
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Signed by:
tlllIIi'dll!!" TMA...
Jennifer Marshall, Deputy City Clerk
APPROVED AS TO FORM:
Signed by:
°1�a� d. S.Q.
CONTRACTOR:
--Signed by:
By. del iG�t at St,1�
Printed Name:6uy Michael sen
Title: Pri ni ci pal
1927 Post Alley
Address: Seattle WA 98101
CA Revised May 2020 Page 4 of 4
04.21.25
Kris Kelly, Parks and Recreation Manager
David Rosen, Parks & Recreation Fiscal Analyst
Parks and Recreation Department
6200 Southcenter Boulevard
Tukwila, WA 98188
Proposal for Landscape Architectural Services: Tukwila CCC Riverfront Landing
Dear Kris and David:
P A R -r N r R s H i 1)
�4�il�VNll�OWgVCOIerger
We are pleased to have the opportunity to work with the City of Tukwila community and City staff
to develop the early phase of design and infrastructure for the Riverfront Landing at Tukwila
Community Center Campus (TCCC). Detailed herein is our scope of work and fee for the project for
your review.
Project Team
To complete the scope of work, we have resource consultants available to help inform and shape
the effort. Resources include the following:
• Civil Engineering & Surveying: KPFF
• Natural Resources, Water Resources & Geotechnical: Shannon & Wilson (S&W)
Project Understanding & Consultant Responsibilities
This scope of work is to establish the Basis of Design (BOD) and a design drawing package for water
access, trail and open space improvements at the TCCC. This package will convey the overall
design intent to a degree appropriate for future permitting and facilitating communication with
agencies outside the City prior to construction documentation. The final deliverable will be
submitted as a. pdf and will consist of a measured CAD plan documenting all proposed element
locations, up to three site sections, and other graphic exhibits where appropriate. Written
narrative and documentation will support this effort and provided in a memo.
Project Team Scope & Responsibilities:
• Berger Partnership (Landscape Architecture):
o Provide project oversight and management
o Facilitate team/client site walk and design charette
o Update ROM cost estimate and outline project schedule through construction
o Develop and guide project vision including program verification, overall layout,
paths/trail alignments, boardwalk, planting, amenities and materials using
sketches, preliminary plan drawings/models, graphics and precedent photos.
o Provide Landscape BOD outlining the items noted above
o Compile entire design package and memos for digital delivery to client
ai,iC. ci,-1e AI"IIte(.ii,e Berger Partnership's 2063256877
1927 Post Alley, Ste. 2 bergerpartnership.corn
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04.11.25
Kris Kelly, Parks and Recreation Manager P A R r N t R s H 1 1'
David Rosen, Parks & Recreation Fiscal Analyst
berger
Tukwila Parks and Recreation Department
Proposal for Landscape Architectural Services: Tukwila CCC Riverfront Landing
Page 2 of 3
• S&W Water Resources:
o Provide preliminary review of the 42"d Ave Bridge Replacement H&H modeling
o Conduct site investigation to inform analysis and understand existing revetment
conditions and areas immediately upstream and downstream of the site.
o Begin coordination with King County River and Flood Management Section (KCRFMS)
o Collaborate with Berger to develop a conceptual plan and develop up to two possible
locations for the boat launch.
o Provide Berger with summary email noting FEMA No Rise implications, City of Tukwila
floodplain development requirements and KCRFMS input on the project.
• S&W Natural Resources:
o Conduct field work to document habitat conservation areas and flag OHWM
delineation in the area immediately adjacent to proposed boat launch area.
o Provide Permit Matrix
• S&W Geotechnical:
0 Conduct site reconnaissance to evaluate riverbank conditions, slope stability and
settlements and provide a summary email to Berger Partnership and client group.
• OFF Civil:
0 Prepare an exhibit documenting the civil basis of design including stormwater
mitigation —to include plan drawing and written documentation
• OFF Survey:
0 Provide topographic and planimetric site survey for the extents defined in the
attached exhibit. Note: No in -water, geotechnical orsubsu►face survey work will be
completed in this package and will be required in a later phase.
The schedule for this work is May 2025 to September 2025
Assumptions
• Future phases may require additional consultants including structural engineering
(KPFF).
• No in -water, sub -surface or geotechnical survey is included in this package and will be
required in a later phase.
• Detailed H&H modeling will be conducted in future phases to provide a more detailed
analysis of the project's relationship to the OHWM and other hydrologic factors.
• 42"d Ave bridge digital documentation will be provided to the design team for review
and preliminary analysis.
• Future phases of design work can be added by amendment.
Fees
Based on the scope of services identified at this time, we have established a fee for landscape
architectural, engineering and survey services as follows:
04.11.25
Kris Kelly, Parks and Recreation Manager
David Rosen, Parks & Recreation Fiscal Analyst
Tukwila Parks and Recreation Department
Proposal for Landscape Architectural Services: Tukwila CCC Riverfront Landing
Page 3 of 3
Berger Partnership
$40,000
KPFF Civil
$8,000
KPFF Survey
$15,000
S&W
$35,000
TOTAL
$98,000
EA E,TNE,RsHiE
berger
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Fees will be billed monthly based upon the hours accrued. Services beyond those noted in this
proposal will be billed as additional services on an hourly basis as follows, or lump sum fees can be
negotiated:
Principal
$245.00 per hour
Director
$220.00 per hour
Design Technology Lead
$200.00 per hour
Associate
$200.00 per hour
Project Manager
$170.00 per hour
Landscape Designer
$140.00 per hour
Administrative Staff
$125.00 per hour
Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable expenses will be
billed at cost plus a 10% administrative mark-up and are included in the proposed fee.
If you have questions, would like more information, or wish to make any modifications, please do
not hesitate to contact us. We are looking forward to working with you on Tukwila CCC Riverfront
Landing.
Sincerely,
Berger Partnership PS
Guy Michaelsen, PLA
Principal
Signed by:
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Evan Blondell
Project Manager
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