HomeMy WebLinkAbout08-117 - Robert Droll Landscape Architect - Tukwila Pond Park Development Design 08- 117(a)
Council Approval N/A
CITY OF TUKWILA
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Robert W Droll Landscape Architect
That portion of Contract No. 08 -117 between the City of Tukwila and Robert W Droll
Landscape Architect is amended as follows:
Extension of contract for services for Tukwila Pond Park Development Design making
December 31, 2009 the new completion date.
All other provisions of the contract shall remain in full force and effect.
Dated this 1 �J' day of �L� �e 1� 20 0
CONTRACTOR CITY OF TUKWILA
_JAW J�adlahil Aeolf-44,f
Hagge ayor
ATTEST/ AUTHENTICATED APPROVED AS TO FORM
Christy O'Flaherty, CMC, City Clerk 4An
Date approved by City Council
(Applicable if contract amount is over $40,000)
H: \Contracts\Droll\Droll.contract amendment one. 08- 117.doc
kn 11/9/2009 Page 1 of I
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CONSULTANT AGREEMENT FOR
DESIGN SERVICES
Council Approval 11/17/08
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after
referred to as "the City and ROBERT W. DROLL. LANDSCAPE 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 perform LANDSCAPE
ARCHITECTURAL services in connection with the project titled TUKWILA POND
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 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, without further permission 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 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
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 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.
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 2 of 5
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
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.
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. In the case of early termination, the Consultant
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 3 of 5
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.
Attachments:
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.
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.
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 W. Droll
4405 7 Ave. SE. Suite 203
Lacey. WA 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.
A. Proposal for Landscape Architectural Services dated March 16, 2007
B. Project Scope of Work/Fee Schedule dated March 16, 2007
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 4 of 5
DATED this OS day of KOIIV61432Y 209V
CITY OF TUKWILA CONSULTANT
Z4 1 w
Bruce Fletcher, Director
Parks and Recreation Department
A
aggerto i or
Attest /Authenticated:
rklaq-
4 Christy O'Flaherty, City Clerk
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
By: fikidf da.0
Printed Name: 17-(,% r
Title: ‘Ptpol den t
Approvgd as to Fo
Office of the 'y Attorney
Page 5 of 5
Attachment A
Tukwila Pond Trail Tukwila Parks Recreation
Scope of Services
Tukwila Pond Trail Boardwalk
City of Tukwila Parks and Recreation Department
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 Boardwalk. RWD will serve as consultant to Tukwila in
the capacity of Park Planner/Landscape Architect and will prepare Bid Documents. The goal of the
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 Boardwalk (hereinafter the "Trail
Phase 1
1 Task 1 Schematic Design -35% Submittal
Task 1.01 Site Visit
RWD will visit site with Client, wetland biologists and survey crew.
Task 1.05 PreSubmission Conference w/ Tukwila
RWD will prepare PreSubmission Conference application and attend PreSub Conference.
4/24/2007
Task 1.02 Wetland Delineation
Conduct wetland delineation, category rating and report in compliance with City of Tukwila 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 will 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
RWD 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.
Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob @rwdroll.com 1
Attachment A
Tukwila Pond Trail Tukwila Parks Recreation
Task 2 Permit Processing
4/24/2007
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 will 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 will provide all details and calculations to comply local codes, ADA
regulations and International Building Code.
Task 2.03 SEPA JARPA 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 Illustrative 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 will be prepared specifically for Illustrative drawings.
Task 2.05 Public Presentation of Tukwila Pond Trail
RWD will prepare for and attend a public presentation of project.
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 4 Design Development -60% Submittal
Task 4.01 Title Sheet
Prepare Title Sheet with LocationNicinity Map, General Notes. Legend. Abbreviations, list of City
Council Members and Parks Departrncnl. Staff
Task 4.02 Demolition and Temporary Erosion Sedimentation Control Plan
RSVI) will prepare plan indicating the existing site features that shall be demolished, abandoned.
salvaged and retained as well as the location of erosion control measures.
Tasks 4.03 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 he
achieved by dimensioning fioni coordinates derived from Design Surve Grading +ill be defined by
contours and spot elevations that will be relative to vertical datum.
Robert W. Droll, Landscape Architect, PS, 4405 7'" Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob @rwdroll.com 2
Attachment A
Tukwila Pond Trail Tukwila Parks Recreation 4/24/2007
Task 4.04 Boardwalk Plan Details
Boardwallc Plan will define the horizontal and vertical alignment of Boardwalk, which anticipated to
be located over the water in locations where there is insufficient public propert to locate the trail in
an upland area RWD \vill provide all details and calcula.t.ions to comply local codes, ADA
regulations and International Building Code.
Task 4.05 Site Details
Prepare details for prgject site improvements.
Task 4.06 Estimate of Probable Costs
RWD will provide Estimate ofl'robable Cost based upon measured quantities. RWD \+gill organize
Gstinrite by frail Segment to allow Client. to render t'hasing clecisions ifnecessary. Est.imat.e will
include all Project Development Costs including consultant costs, construction administration,
mobilization. bonds, contingehcics. taxes. pr��jected construction year cost escalation (if necessary).
taxes and all identified casts associated vvith this pro development.
Task 4.07 Review -vvitlt Staff
Review Plans with Staff.
Task 5 Final Design 90% Submittal
Tasks 5.01 -5.06 are the same Tasks as 4.01 -4.06 except Work will be at a 90% completion level.
Task 5.07 Specifications
j Prepare'l Specifications, Sections 1 -16, in Construction Specif ication Institute (CSI) format.
Task 5.05 Review with Staff
Review flans with Staff,
Task 5.09 Building Permit Application Processing
RWD will submit and process Building Permit applications.
Task 5.10 Quality Review
RWD will retain a Construction Manager to review a set of bid documents.
Task 6 Contract Documents 100% Submittal
Tasks 6.01 -6.07 are the same Tasks as 5.01 -5.07 except Work will be at a 100'Yo completion level
and ready for Advertising and Bidding.
Task 6.08 Assemble (deliver Contract Documents
RWD will assemble `1'cehnical Specifications and Plans in .pdf format and lorward to Client
i
Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob@rwdroll.com 3