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HomeMy WebLinkAbout07-115 - SLA Landscape Architecture - Tukwila Parks Landscape Design 07-115(c) City of Tukwila Contract for Services Amendment Between the City of Tukwila and SLA Landscape Architecture That portion of Contract No. AG 07 -115 between the City of Tukwila and SLA Landscape Architecture is amended as follows. Extension of contract for the landscape design work on the Spray Park, Codiga Park, and Fort Dent Play Equipment Project for 364 days making Friday, October 23, 2009 the new completion date. All other provisions of the contract shall remain in full force and effect. DATED this 7 day of K6yf' n ham- 02X?.-) CONT CITY OF TU Erik Jr. Sweet, ASL L Ji Hagge rayor ATTEST /AUTHENTICATED AP OV/�ED �S T. FORM Vhristy O'Flaherty, pity Clerku City Attorgfe r C Amendment #2. Between the City of Tukwila and SLA Landscape Architecture That portion of Contract No. AG 07 -115 between the City of Tukwila and SLA Landscape Architecture is amended as follows. Extension of contract for the landscape design work on the Spray Park, Codiga Park, and Fort Dent Play Equipment Project for 91 days making Monday, November 3, 2008 the new completion date. All other provisions of the contract shall remain in full force and effect. DATED this of to day of A"u9t- Erik J. Sweet, ASLA, RLA ATTEST AUTHENTICATED C Christy O Flirty, City Clerk City of Tukwila Contract for Services CITY OF TUKWILA Haggertonj yor APPROVED AS TO FORM O7- 1/5(6) City Attorney 1908 Amendment #1 Between the City of Tukwila and SLA Landscape Architecture That portion of Contract No. AG 07 -115 between the City of Tukwila and SLA Landscape Architecture is amended as follows. Extension of contract for the landscape design work on the Spray Park, Codiga Park,and Fort Dent Play Equipment Project for 120 days making Monday, May 5, 2008 the new completion date. All other provisions of the contract shall remain in full force and effect. DATED this /A day of �a rr ua rvi CONTRAC OR-� Erik J. S ee AgLA, KLA ATTEST /AUTHENTICATED E. Cantu, CMC, City Clerk City of Tukwila Contract for Services 20O r CITY OF TUKWILA Hagge�• ayor APPROVED AS TO FORM City Attorney (br CONSULTANT AGREEMENT FOR DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and SLA Landscape Architecture, LLC 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 DESIGN services in connection with the project titled SPRAY PARK, CODIGA PARK, FORT DENT PLAY EQUIPMENT PROJECT. 2. Scope of Services. The Consultant agrees to perform the services, identified on Attachment A "Fort Dent, Codiga and Tukwila Community Center Scope and Fee Proposal" attached hereto, including the provision of all plans, construction documents, bidding assistance and construction observation for the three parks and the management of survey and civil consultants contracted by the city for Codiga Park. 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 175 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 "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $19,717.00 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. ei- 9, 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. 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 Spray Park, Codiga Park Fort Dent Play Equipment Project SLA Landscape Architecture, LLC Landscape Design Page 2 of 5 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 shall be entitled to compensation for all work performed up to the termination Spray Park, Codiga Park Fort Dent Play Equipment Project SLA Landscape Architecture, LLC Landscape Design Page 3 of 5 Attachments: 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. 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. 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: Erik Sweet SLA Landscape Architecture, LLC 18825 SE 164 Renton, WA 98058 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. "Fort Dent, Codiga and Tukwila Community Center Scope and Fee Proposal" dated June 26, 2007 Spray Park, Codiga Park Fort Dent Play Equipment Project SLA Landscape Architecture, LLC Landscape Design Page 4 of DATED this ryl 6 l day of CITY OF TUKWILA Bru e Fletcher, D B Director Parks and Recreation Department d risev Steven M. Mullet, Mayor Spray Park, Codiga Park Fort Dent Play Equipment Project SLA Landscape Architecture, LLC Landscape Design CONSULTANT Title: CA10144311 Attest/Authenticated: Approved as to Form: al kt— d/z/t_. JanA. Cantu, CMt, City Clerk Office of the City Attorney ,2007 Printed Name: NZA h- C �,titT Page 5 of 5 June 26, 2007 Mr. Rick Still City of Tukwila Parks and Recreation Department Tukwila, WA RE: Fort Dent, Codiga and Tukwila Community Center Scope and Fee Proposal Dear Mr. Still As per your request, I have prepared a scope and fee proposal for your review for work at the three various city parks.- Tukwila Community Center Spray area, Fort Dent Playground equipment relocation, and Codiga Farm parking, overlook and boat hand launch. I have included project management time, and review time with the Owner construction documents, and bid services and construction observation. The fee is broken out below per task items for the projects. Reimbursables will be billed at the allowable rates for mileage, and or printing costs plus 10 A copy of my E 0 policy can be fourth coming if required by the City. Codiga Farms Project: Project Management/Design.rntgs Project Manual /General Conditions /Div 1 Specifications Div 2 3 Design /Construction Documents /Bidding Construction Observation/Field Reports Reimbursable Expenses Total Design Fee TCC Spray Park Project: Project Management/Design mtgs Project Manual /General Conditions/Div 1 Specifications Div 2 3 Design /Construction Documents/Bidding Construction Observation /Field Reports Reimbursable Expenses Total Design Fee City of Tukwila Three Project Scope and Fee Draft.doc $440.00 $565.00 $1227.50 $5865.00 $2720.00 $250.00 $11067.50 $415.00 $310.00 $652.00 $2550.00 $680.00 $50.00 $4657.00 Page 1 SLA Landscape Architecture, LLC 18825 SE 164' St, Renton, WA 98058 Ft Dent Playground Relocation andADA access: Project Management/Design mtgs Project Manual /General Conditions /Div 1 Specifications Div 2 3 Design /Construction Documents/Bidding Construction Observation /Field Reports Reimbursable Expenses Total Design Fee $540.00 $310.00 $882.50 $1870.00 $340.00 $50.00 $3992.50 Project Management/Design Meetings: includes two meetings with the Owner to review the design, limits of work, project deadline review, submittal process, and overall managing of the project. Project Manual /General Conditions /Div 1 Specifications; Includes the review and editing of the above sections for the project manual. These boiler plate info will be provided by City of Tukwila Parks and Recreation, no major edits of these sections will be completed by SLA Landscape Architecture. SLA is not responsible for the format, sections, and information pertaining to any and all legal documentation for contracts for construction, instruction to bidders, bid forms, bid bond, non collusion forms, bidder responsibilities, pay application forms, and forms of contract are excluded from editing and review by SLA Landscape Architecture. These sections shall be provided in their entirety by City of Tukwila Parks and Recreation. Specifications Div 2 3; Includes Div 2 3 specification sections applicable to thr, construction and installation of the project at Tukwila Community Center Spray Park to complete a functional, safe, spray area on the current western lawn area These sections include, but are not limited to; Demolition, earthwork, asphalt, drainage, site furnishings, chain link fence, concrete, irrigation, topsoil and sod /seed and other related sections. Format shall be standard to the CSI with City of Tukwila format for project manuals, and City standards for facilities shall be included and or referenced within the applicable specification sections of the project manual. Design /Construction Documents: Includes design development, and (2) two review meetings with owner and Contract documents include the following; 1. Tukwila Community Center Spray Park: Construction Document plan sheets shall include Cover sheet, general notes for construction, demolition /tesc, drainage and piping, spray equipment diagram, grading and layout sheet, irrigation plan (due to adjustments required in lawn area), construction details for cross section and drainage. 2. Codiga Farm: Construction Document plan sheets shall include, Cover sheet, existing survey conditions sheet (survey to be provided by city not included in City of Tukwila Three Project Scope and Fee Draft.doc Page 2 SLA Landscape Architecture, LLC 18825 SE 164 St, Renton, WA 98058 this contract by SLA or subconsultant to SLA), parking lot grading /drainage, layout sheet, hand launch area layout, and details sheets. 3. Fort Dent: Construction Document plan sheets shall include, Cover sheet, general notes, demolition /tesc plan, grading /drainage sheet, layout sheet, detail sheet. These sheets will be delivered in wet set format to the Tukwila Parks for printing. CD Rom with the PDF files, and electronic files will also be delivered to Tukwila Parks. Bidding Services; Include attendance at the pre -bid walk, attendance at the bid opening, and answering of questions, comments via addenda during the bid period. All questions shall be answered in written format, and provided to all prospective bidders via addenda at the applicable location for dissemination to such said bidders. Construction Observation; Is included in the fee schedule above. I have assumed approx ten site vists and construction meetings for Codiga Farms, three construction site visits for TCC spray area, and three construction site visits for Ft Dent playground relocation /ADA project. SLA will provide field reports with each site visit on all three projects. SLA will keep track of submittals and or RFI information and logs for Codiga Farm project due to scope of work to be completed. SLA Deliverables: SLA Landscape Architecture shall deliver to Tukwila Parks, per the agreed dates to be established after acceptance of this contract, all plan sheets with original signature, one set of hard copy specifications, and all design documents in electronic format for construction purposes. Electronic files will be delivered in either emails, uploads to City of Tukwila FTP site, or on CD Rom, depending upon file size, and City of Tukwila requirements. 1 look forward to the opportunity to work the Tukwila Parks r".nd Recreation Department. Sinccrely, SLA Landscape Architecture Erik J. Sweet, ASLA, RLA Owner City of Tukwila Three Project Scope and Fee Draft.doc Page 3 SLA Landscape Architecture, LLC 18825 SE 164' St, Renton, WA 98058