HomeMy WebLinkAboutRobert W Droll Landscape Architect PSA3~I ~ s
CITY OF AUBURN AGREEMENT
FOR CONSULTING SERVICES
THIS AGREEMENT made and entered into on this l Oth_ day of
February , 2010 , by and between the City of Auburn, a municipal
corporation of the State of Washington hereinafter referred to as CITY, and Robert W. Droll,
ASLA (RWD), a corporation of the State of Washington, whose address is 4405 7`" Avenue SE,
Lacey, Washington 98503 (Telephone: 360-456-3813), hereinafter referred to as
CONSULTANT.
WITNESSETH:
WHEREAS, the CITY is engaged in or readying itself to be engaged in its project of
constructing a Barrier Free Playground and Sensory Garden at Les Gove Park and is in need of
services of individuals, employees or firms for architectural work on said project; and,
WHEREAS, the CONSULTANT is qualified and able to provide consulting services in
connection with the City's needs for the above-described work/project, and is willing and
agreeable to provide such services upon the terms and conditions herein contained.
NOW THEREFORE, the parties hereto agree as follows:
l. Scope of Services.
The CONSULTANT agrees to perform in a good and professional manner the
following tasks:
1. Draft Concept Plan in ACAD
2. Site Plan Revisions
3. Demolition and Temporary Sedimentation Control
4. Grading Plan
5. Details of all Layouts and Improvements per Atttachment A Scope of
Services
6. Technical Specifications
Detailed Scope of Services is included as "Attachment A"
Note: Scope of Work does not include topographic survey, permit costs
or permit services other than furnishing permit drawings, wetland
delineation and survey, wetland or shoreline mitigation services and
drawings, civil and/or structural engineering services and drawings,
geotechnical engineering or special reports.
Agreement - RWD Landscape Architects, PS
Barrier Free Piayground
February 10, 2010
Page 1 of 8
CITY will provide:
l. Existing Survey Detail
2. Inventory of play components
3. Geotechnical Testing
4. SEPA and all Permitting applications and conduct all necessary steps for
processing permits.
Note: RWD would be available to provide construction period services on an
hourly basis.
2. Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by
the CONSULTANT of additional services with respect to related work or
projects. Any such agreement(s) shall be set forth in writing and shall be
executed by the respective parties prior to the CONSULTANT'S performance of
the services there under, except as may be provided to the contrary in Section 3 of
this Agreement. Upon proper completion and execution of an addendum
(agreement far additional services), such addendum shall be incorporated into this
Agreement and shall have the same force and effect as if the terms of such
addendum were a part of this agreement as originally executed. The performance
of services pursuant to an addendum shall be subject to the terms and conditions
of this Agreement except where the addendum provides to the contrary, in which
case the terms and conditions of such addendum shall control. In all other
respects, any addendum shall supplement and be construed in accordance with the
terms and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than
those described in Section 2 are desired by the CITY and the time period for the
completion of such services makes the execution of addendum impractical prior
to the commencement of the CONSULTANT'S performance of the requested
services. The CONSULTANT hereby agrees that it shall perform such services
upon the oral request of an authorized representative of the CITY pending
execution of an addendum, at a rate of compensation to be agreed to in connection
therewith. The invoice procedure for any such additional services shall be as
described in Section 7 of this Agreement.
4. Consultant's Representations.
The CONSULTANT hereby represents and warrants that he has all necessary
licenses and certifications to perform the services provided for herein, and is
qualified to perform such services.
Agreement- RWD Landscape Architects, PS
Barrier Free Playground
February 10, 2010
Page 2 of 8
5. City's Responsibilities.
The CITY shall do the following in a timely manner so as not to delay the
services of the CONSULTANT:
a. Designate in writing a person to act as the CITY's representative with
respect to the services. The CITY's designee shall have complete
authority to transmit instructions, receive information, interpret and define
the CITY's policies and decisions with respect to the services.
b. Furnish the CONSULTANT with all information, criteria, objectives,
schedules and standards for the project and the services provided for
herein.
c. Arrange for access to the property or facilities as required for the
CONSULTANT to perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches,
and other documents prepared by the CONSULTANT and render
decisions regarding such documents in a timely manner to prevent delay
of the services.
6. Acceptable Standards.
The CONSULTANT shall be responsible to provide, in connection with the
services contemplated in this Agreement, work product and services of a quality
and professional standard acceptable to the CITY.
7. Compensation.
As compensation for the CONSULTANT's performance of the services provided
for herein, the CITY shall pay the CONSULTANT the fees and costs specitied on
Exhibit "B", attached hereto and made a part hereof (or as specified in an
addendum). The CONSULTANT shall submit to the CITY an invoice or
statement of time spent on tasks included in the scope of work, Section l,
provided herein, and the CITY shall process the invoice or statement in the next
billing/claim cycle following receipt of the invoice or statement, and shall remit
payment to the CONSULTANT thereafter in the normal course, subject to any
conditions or provisions in this Agreement or addendum.
8. Time for Performance and Terms of Agreement.
The CONSULTANT shall perform the services provided for herein in accordance
with the direction and scheduling provided in Exhibit "B" attached hereto and
incorporated herein by this reference, unless otherwise agreed to in writing by the
parties. The Term of this Agreement shall commence on the date hereof or on the
_10 day of _February , 2010, and shall terminate upon completion of
the performance of the scope of work provided herein, according to the schedule
provided on Section 1, unless otherwise agreed in writing by the parties.
9. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise
prepared by the CONSULTANT as part of this performance of this Agreement
Agreement - RWD Landscape Architects, PS
E3arrier Free Playground
February 10, 2010
Page 3 of 8
(the "Work Products") shall be owned by and become the property of the CITY,
and may be used by the CITY for any purpose beneficial to the CITY.
10. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts
found under audit or otherwise to have been improperly invoiced, and all records
and books of accounts pertaining to any work performed under this Agreement
shall be subject to inspection and audit by the CITY for a period of up to three (3)
years from the final payment for work performed under this Agreement.
11. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this
Agreement is in effect, the CONSULTANT agrees that, notwithstanding such
dispute or conflict, the CONSULTANT shall continue to make a good faith effort
to cooperate and continue work toward successful completion of assigned duties
and responsibilities.
12. Administration of Avreement. n
This Agreement shall be administered by KObcr+ bcv ~f , on behalf
of the CONSULTANT, by the Mayor of the City, or designee, on behalf of the
CITY. Any written notices required by the terms of this Agreement shall be
served on or mailed to the following address:
Daryl Faber
Auburn Parks, Arts, and Rec
910 9`" Street SE
Auburn, WA 98002
Bob Droll
Robert W. Droll Landscape Architect, PS
4405 7`h Ave SE
Lacey WA.98503
13. Notices.
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, portage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above, or if to a person not a
party to this Agreement, to the address designated by a party to this Agreement in
the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating
his, here or its new address, to any other party, all pursuant to the procedure set
forth in this section of the Agreement.
14. Insurance.
The CONSULTANT shall be responsible for maintaining, during the term of this
Agreement and at its sole cost and expense, the types of insurance coverages and
in the amounts described below. The Consultant shall furnish evidence,
Agreement- RWD Landscape Architects, PS
Barrier Free Playground
February 10, 2010
Page 4 of 8
satisfactory to the CITY, of all such policies. During the term hereof, the
CONSULTANT shall take out and maintain in full force and effect the following
insurance policies:
a. Commercial General Liability insurance, insuring the CITY and the
CONSULTANT against loss or damages arising from premises,
operations, independent contractors and personal injury and advertising
injury. The CITY shall be named as an insured under the
CONSULTANT's Commercial General Liability insurance policy with
respect to the work performed by the CITY, with minimum liability limits
of $1,000,000.00 combined single limit for personal injury, death or
property damage in any one occurrence.
b. Such workmen's compensation and other similar insurance as may be
required by law.
c. Professional liability insurance with minimum liability limits of
$1,000,000.00
d. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 0001 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
15. Indemnification.
The CONSULTANT shall indemnify, defend and hold harmless the CITY and its
officers, agents and employees, or any of them from any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever,
including attorney fees, by any reason of or arising out of the act or omission of
the CONSULTANT, its officers, agents, employees, or any of them relating to or
arising out of the performance of this Agreement except for injuries and damages
caused by the sole negligence of the CITY. If a final judgment is rendered against
the CITY, its officers, agents, employees and/or any of them, or jointly against the
CITY and the CONSULTANT and their respective officers, agents and
employees, or any of them, the CONSULTANT shall satisfy the same to the
extent that such judgment was due of the CONSULTANT's negligent act or
omissions.
16. Assi ng ment.
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, or to
cause any such liability or obligation to be reduced to a secondary liability or
obligation.
Agreement - RWD Landscape Architects. PS
Barrier Free Playground
February 10, 2010
Page 5 of 8
17. Amendment, Modification or.
Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party's or parties' duly authorized
representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver by any party of any default of
the other party shall not effect or impair any right arising from any subsequent
default.
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Agreement.
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party
if the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement.
The CITY may terminate this Agreement upon not less than seven (7) days
written notice to the CONSULTANT if the services provided for herein are no
longer needed from the CONSULTANT.
If this Agreement is terminated through no fault of the CONSULTANT, the
CONSULTANT shall be compensated for services performed prior to termination
in accordance with the rate of compensation provided in Exhibit "A" hereof.
19 Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided
for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit
any transfer or assignment otherwise prohibited by this Agreement. This
Agreement is for the exclusive benefit of the parties hereto and it does not create a
contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sureties.
20. Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights,
responsibilities ar obligations under this Agreement, the prevailing parties shall
be entitled to receive its reasonable costs and attorney's fees.
21. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for
any action hereunder shall be in the county in Washington State in which the
property or project is located, and if not site specific, then in King County,
Washington; provided, however, that it is agreed and understood that any
Agreement - RWD Landscape Architects, PS
Barrier Free Playground
February 10, 2010
Page 6 of 8
applicable statute of limitation shall commence no later than the substantial
completion by the CONSULTANT of the services.
22. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or
sections to which they apply. As used herein, where appropriate, the singular
shall include the plural and vice versa and masculine, feminine and neuter
expressions shall be interchangeable. Interpretation ar construction of this
Agreement shall not be affected by any determination as to who is the drafter of
this Agreement, this Agreement having been drafted by mutual
23. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision
hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
24. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect
to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
25. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other
party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
CIT UBURN CONSULTANT
Peter B. Lewis, Mayor Robert . Droll /
Title:
Attest:
Agreement - RWD Landscape Architects, PS
Barrier Free Playground
February 10, 2010
Page 7 of 8
Danielle E. Daskam, City Clerk
Daniel B. Hei , City Attorney
Agreement - RWD Landscape Architects, PS
Barrier Free Playground
February 10, 2010
Page 8 of 8
Auburn Les Gove Campus Play Facility
Attachment A
2/5/2010
Scope of Work
This assignment includes the work to be performed by Robert W. Droll, Landscape Architect,
PS, (hereinafter RWD) for the Les Gove Campus Play Facility (hereinafter: Project) on behalf of
the City of Auburn Parks, Art and Recreation Department (hereinafter Client). Professional
Services for the Project includes Design Development and Construction Document Services.
Project is intended to render improvements resulting in a high quality, challenging and fun
learning environment for Pre-School and School Age Children, provide interactive play
facilities, accommodate safe Barrier-Free access and circulation routes, resolve challenges with
slopes and maintenance concerns and be founded on a Pacific Northwest environmental focus.
Basis of Proposal
This Scope of Services and Fee Proposal are based upon a site visit, correspondence with Client
and the Conceptual Playground Plan prepared by the Client. The Client seeks to have RWD
prepare Construction Documents including the necessary documents to obtain a grading permit
from the City of Auburn to commence work on the Play Facility. Vendors are being sought by
Client to furnish and install a variety of play facility components with the spaces conceptualized
by Client and prepared by RWD. RWD will prepare a Site and Grading Plan as well as details
for barrier free concrete circulation routes. RWD Site and Grading Plans are intended to provide
the unifying framewark by which a number of paid and pro bono contractors will install their
work within.
Scope of Services
RWD proposes the following Scope of Services to accomplish the work necessary for the
preparation of the Project.
Task 1 Design Development
Task 1.01 Draft Concept Plan in ACAD
RWD will draft the conceptual playground plan prepared by Client, in ACAD format onto
Design Survey supplied by Client.
Task 1.02 Site Plan Revisions
Based upon RWD understanding of Client's Goals, RWD will make revisions to Site Plan to
make the Conceptual Plan fit Site Conditions. RWD will prepare rough grading plan in
sketch format (pencil and tracing paper).
Task 1.03 Client Review
RWD will meet with Client to review Site Plan.
Robert W. Droll, Landscape Architect, PS
Scope of Services
Auburn Les Gove Campus Play Facility
Task 1.04 Site Plan Revisions
2/5/2010
Based upon Clients' comments, RWD will prepare site Plan Revisions in ACAD format.
RWD will prepare site plan illustrating all plan improvements. Horizontal definition of
proposed improvements will be achieved by coordinates based on the datum of the design
survey and dimensioning.
Task 1.05 Demolition and Temporary Sedimentation Control Plan
RWD will prepare demolition plan illustrating existing site components to be removed,
protected, or salvaged. Plan will illustrate area to be grubbed and vegetation to be
removed/protected, Contractor Access Routes and Staging Area as well as erosion control
measures.
Task 1.06 Grading Plan
Grading Plan will be prepared by RWD defining horizontal and vertical relationships of
proposed improvements. Grading will be defined by contours and spot elevations. If
subsurface drainage is required, it will be shown on this plan and will connect to nearest
storm system to new Drywells.
Task 1.07 Details
RWD will prepare the layout and detailing of all ilnprovements such as, walkway sections,
ramps, synthetic surfacing, curbs, and landform sections.
Task 1.03 Ctient Review
Meet with Client to review design progress and to gather review comments.
Task 1.05 Design Project Management
Manage design work and communicate with Client.
I Task 2 Contract Documents
Task 2.01 Demolition and Temporary Sedimentation Control Plan
RWD will prepare Demolition and TESC Plan in Bid Ready format.
Task 2.02 Site Plan
RWD will prepare Site Plan illustrating the horizontal relationship of all improvements. The
Plan will be in Bid Ready format.
Task 2.03 Grading Plan
RWD will prepare Grading Plan in Bid Ready format.
Task 2.04 Details
RWD will prepare the layout and detailing of all improvements such as, walkway sections,
ramps, synthetic surfacing, curbs, and landform sections. The Details will be in Bid Ready
format.
Robert W. Droll, Landscape Architect, PS
Auburn Les Gove Campus Play Facility
zisi2o 1o
Task 2.05 Technical Specifications
RWD will prepare specifications in CSI format for the following i►-nprovements; demolition,
erosion control, earthwork, concrete, edge treatment for synthetic turf and pour-in-place
synthetic surfacing.
Bidding, Construction Administration and Project Close-Out wi(1 be accomplished by
Client.
Additional Services, Excluded Services
Specific items that are not within the scope of work/services include, but are not limited to, the
following:
:D Whereas relocation and/or modification of existing utilities and illumination
improvements is not anticipated, no subconsultants have been retained. It is
assumed existing utilities and illumination improvements are a"given" and will
remain as is. Should a civil engineer and/of an electrical engineer be required,
Client agrees a contract amendment for additional services is warranted.
~ RWD understands retaining walls to address slopes may be considered and that all
retaining walls proposed will be less than four feet in height. Client agrees that if
Client requires a retaining wall greater than four feet, C(ient will prepare contract
amendment for engineering design.
~ SEPA preparation and processing will be prepared by Client.
:D Critical Area investigations and permitting are an additional services.
~ Geotechnicallnvestigations.
C) Hydrology Studies, Environmental Studies/Assessments.
Z) Stonn drainage modeling, reports and design.
~ Bidding, Negotiations and Construction Administration.
:D Construction Staking.
~ Wildlife and archaeological investigations.
~ Color graphics.
:D Tree valuation, inventories and reports.
~ Web-site preparation and hosting, visual impact analysis, photo-simulations,
perspective character sketches.
Client Provided Services
RWD understands the Client will perform the following services in a prompt manner in an effort
to reduce cost and to expedite the design process. Should RWD be required to seek out this
information, Client agrees to pay RWD on a Time and Materials basis.
~ Provide Design Survey in ACAD format.
~ Provide inventory of play components to be installed by others.
~ Geotechnical Testing conducted by others in the area.
~ Client will prepare SEPA and all Permitting applications and conduct all
necessary steps for processing permits.
Robert W. Droll, Landscape Architect, PS
Auburn Les Gove Campus Play Facility 2/5/2010
~ Sidding, Construction Administration and Project Close-Out Services. It is
understood Client may opt to retain the services of RWD to perform these
services.
Professional Services Fee
The projected cost of professional services for the Scope of Services described herein is as
shown in Attachment B. Project will be invoiced monthly on a Time and Materials basis. Client
agrees to reimburse RWD for all direct expenses at RWD's direct cost plus ten percent.
Robert W. Droll, Landscape Architect, PS
.
2/102010 08023 Les Gove ADA Play fee.XL55P5CC Childcare
Attachment B
Les Gove Campus Piay Facility
Auburn Parks, Arts & Recreation
Project Scope of Work/Fee
RWD
q
Tasks
7otal
Bob Droll, ASLA,
Project Manager
Land. Tech III
Clerical
1.00
Design Development
1.01
Drafl Concept Plan in ACAD
$ 720.00
$
8
$ 720.00
-
102
Site PlanRevisions
$ 720.00
$
B
$ 720.00
-
$
1.03
Client Meeting
$ 840.00
4
5 480.00
4
$ 360.00
-
$
-
1.04
1.05
_
Site Pian Revisions
Demolition & TESC Sheet
$ 960.00
5 360.00
2
$ 240.00
$
8
4
$ 720.00
$ 360.00
I
$ ~
-
$
1.06,
1.07
Grading Plan
Details
$ 7,440.00
$ 1,440.00
$ -
$ -
76
16
5 1,44000
$ 1,440.00
$ -
$
-
1.06
Client Review
$ 840.00
4
5 480.00
4
$ 360.00
$ - '
1,09
Design Project Management
$ 624.00
4
$ 480.00
$ -
3
$ 144.00
Sub[otal
$ 7,944.00
S 1,680.00
$ 6,120.00
$ 144.00
2.00
Construction Documents
2.01
Demolition 8 TESC Sheet
$ 600.00
2
$ 240.00
4
$ 360.00
-
$
2,02
Site Plan
$ 960.00
2
$ 240.00
8
$ 720.00
-
2.03
Grading Plan
5 960.00
2
240.00
8
720.00
$ :
2.04
Details
$ 720.00
$
8
$ 720.00
_
S -
2.05
Technical Specifcations
$ 960.00
2
5 240.00
8
$ 720.00
_
-
$
206
Client Review
$ 840.00
4
$ .480.00
. 4
$ 36000
$ - ~
207
Revisions
$ 720.00
$ -
8
$ 720.00
S -
2.08
Design Project Management
$ 1,104.00
8
$ 960.00
$ -
3
S 144.00
Subtotal
$ 6,864.00
5 2,400.00
i$ 4,320.00
:
I S 144.00
_
~
3:80
4_q}
B46-9-Se-
Awsw~siwalai~ies
$
5
S
Sudieta!
4-00
~
GewstFUCtien-Adrpiwis4ufiaa-
,
S
B
$
S
5---
4-Q
"°9'°--___ _
g--
e
S
0
8
4,92
Su4mala~Review
~
S
9
$
8--
44~4
_
Ri6G055iREJ-G9MLa6i6FSIR-4N6E5
$
S
A
$
.
S.A9
RiAJ26EC1652-BUE
$
-
$
~d$3
:r~~
g
s
8
5-92
r9
~'b
8
$ _
Subtata
l S
5
$
ProjectSubtotal
Sr. 74,808.00
$ 8,760.00
$20,880.00
L$ . 576.00
Direct Expenses
Prqect Totat
$ 400.00
. . ~ 15.208~.00..
360
Robert W. Droll, LandscaDe Architect, PS 456.3873