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HomeMy WebLinkAbout09-118 - SLA Landscape Architecture - Duwamish Riverbend Hill Phase II Contract No. 09 -118 CONSULTANT AGREEMENT FOR Council Approval N/A 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 IRRIGATION DESIGN services in connection with the project titled DUWAMISH RIVERBEND HILL PHASE II. 2. Scope of Services. The Consultant agrees to perform the services, identified on Attachment A "Duwamish Riverbend Hill Irrigation Design Scope and Fee" attached hereto, including the provision of all irrigation design plans, specifications, and construction documents. 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 60 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 $9.700.00 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. l a� 2 oxt c 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 thirty (30) Duwamish Riverbend Hill Phase II SLA Landscape Architecture, LLC Irrigation Design Page 2 of 5 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 effective date, and the City shall promptly process payment within its next normal accounts payable processing cycle. Duwamish Riverbend Hill Phase II SLA Landscape Architecture, LLC Irrigation Design Page 3 of 5 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: Attachments: Duwamish Riverbend Hill Phase II SLA Landscape Architecture, LLC Irrigation Design 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. "Duwamish Riverbend Hill Irrigation Design Scope and Fee" dated June 28, 2009 Page 4 of 5 DATED this a 1 s day of (Z 200 CITY OF TUKWILA Bruce Fletcher, Director Parks and Recreation Department Haggerto f/or Attest/Authenticated: Christy O'Flaherty, CMC, City Clerk) Duwamish Riverbend Hill Phase II SLA Landscape Architecture, LLC Irrigation Design CONSULTANT By: Printed Name: Title: P/f I tl 6 !'2 '}-L' Approved as to Form: Page 5 of 5 ATTACHMENT A June 28, 2009 Mr. Robert Eaton City of Tukwila Parks and Recreation Department Tukwila, WA RE: Duwamish Riverbend Hill Irrigation Design Scope and Fee Dear Mr. Eaton 41- kC \r\en1' A As per your request, I have prepared a scope and fee proposal for your review for irrigation design work at the Duwamish Riverbend Hill. The project shall be to design an irrigation system that will water all hydroseed and plantings in conjunction with Phase II of the project and will have the ability to be expanded for future added planting areas. I have included project management time, review time with the Owner, and construction documents. Also included is design oversight and review by irrigation design specialist Royal Waldock, to ensure proper hydraulic design due to elevational gain and loss of the site. Printing costs will be billed at the printing costs plus 10% these are on top of the fixed design fee. A copy of my E 0 policy can be fourth coming if required by the City. The Hill Irrigation Project Management/Design mtgs I $7350.00 Reimbursable Expenses (estimated) I $250.00 1 I Total Design Fee 1 $7600.00 1 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. Specifications Div 2: Includes Irrigation specification sections applicable to the construction and installation of the project at Duwamish Riverbend Hill project site. Specifications will be in CSI format. No frontal specifications will be provided as this is intended to be provided to the current contractor for installation. Design /Construction Documents: Includes design development, and (2) two review meetings with owner and Contract documents containing the following; irrigation plan sheets, irrigation details for the system, and pressure loss calculations for record. Sheets Duwamish Riverbend Hill Irrigation Design Duwamish Riverbend Hill Irrigation Design Scope and Fee Schedule Page 1 SLA Landscape Architecture, LLC ARCHITECTURE 18825 SE 1 will be provided wet stamped and ready for printing in PDF format. Sheet size shall be 24x36 in size. Bidding Services: Bid services are not anticipated, as this project is already under construction, and assumption that design would be provided to the current contractor for construction. Construction Observation: Will be billed at an hourly rate during construction of $105 /hr. I would expect that if you needed this service, I would assume approx 5 visits, or approx $2100 worth of time and field report services that would include final inspection. SLA Deliverables: SLA Landscape Architecture shall deliver to Tukwila Parks and Recreation, 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. I look forward to the opportunity to work with the Tukwila Parks and Recreation Department. Sincerely, SLA Landsc, e Arc s ecture Erik J. Sw RLA Owner CC: Royal Waldock File Duwamish Riverbend Hill Irrigation Design Duwamish Riverbend Hill Irrigation Design Scope and Fee Schedule Page 2 SLA Landscape Architecture, LLC ARCHITECTURE 18825 SE 1