HomeMy WebLinkAboutCP1817 SLA Landscape Architecture AGREEMENT FOR PROFESSIONAL SERVICES
BRANNAIV PARK - SY(VTHETIC INFIELD
CP1817
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a Municipal Corporation in the State of Washington, hereinafter referred to
as "CITI(" and SLA Landscape Architecture whose address is 23530 SE 456th Way,
Enumclaw, WA 98022, hereinafter referred to as "CONSULTAiVT."
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
1. SCOPE OF WORK.
See Exhibit A: Proposal for Landscape Architecture Services — Brannan Park
Baseball Field Renovation, which is attached hereto and by this reference made a part
of this Agreement.
The CONSULTANT, on a project basis, will perform the work outlined in
Exhibit A associated with the design, including Project Management, LID Storm Design,
Construction Documents, Technical Specifications, Permitting, Bidding/Pricing
coordination, Construction Administration, and Project Closeout. SLA is the primary
consultant for this project who will be working with a subconsultant, David Evans and
Associates will complete the Civil Engineering scope of work associated with the
project. The subconsultant work is included under the umbrella of this agreement. An
approved task assignment shall be required between the CONSULTANT and the City
prior to commencing any work for any individual task.
2. TERM.
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The CONSULTANT shall not begin any work under this Agreement until
authorized in writing by the CITY: All work under this Agreement shall be completed by
December 31, 2018 and can be amended by both parties for succeeding years.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a
delay attributable to the CITY, or because of unavoidable delays caused by an act of
GOD or governmental actions or other conditions beyond the eontrol of the
CONSULTANT. A prior supplemental Agreement issued by the CITY is required to
extend the established completion time.
3. COAAPENSATION.
The total compensation for this Agreement shall not exceed $40,452.50. Paid
per rates are attached in the fee schedule as shown on Exhibit , which is attached
hereto and by this reference made a part of this Agreement.
In the event services are required beyond those speci�ed in the Scope of Work,
and not included in the compensation listed in this Agreement, a contract modification
shall be negotiated and approved by the CITY prior to any effort being expended on
such services.
4. SUBCONTRACTING.
The CITY permits subcontracts for those items of work necessary for the
completion of the project. The CONSULTANT shall not subcontract for the performance
of any work under this AGREEMENT without prior written permission of the CITY. No
permission for subcontracting shall create, between the CITY and subcontractor, any
contract or any other relationship.
Compensation for any subconsultant work is included in Section 3 of this
Agreement and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
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fixed fee costs for the subconsultant shall be substantiated in the same manner as
outlined in Section 3. All subcontracts shall contain a(I applicable provisions of this
AGREEMENT.
5. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs,
drawings, specifications, reports and other services performed by the CONSULTANT
under this Agreement. The CONSULTANT shall, without additional compensation,
eorrect or revise any negligent errors, omissions or other deficiencies in its plans,
designs, drawings, specifications, reports and other services required. The
CONSULTANT shall perform its services to conform to generally-accepted professional
and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services. �
Except as otherwise provided herein, neither the CITY'S review, approval or acceptance
of, nor payment for, any of the services shall be construed to operate as a waiver of any
rights under this Agreement or of any cause of action arising out of the perFormance of
this Agreement to the full extent of the law.
6. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers,
officials, volunteers, and employees harmless from any and all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or resulting from the I
acts, errors or omissions of the CONSULTANT in performance of this Agreement,
except for injuries or damages caused by the sole negligence of the CITY. 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
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or damages to property caused by or resulting from the concurrent negligence of the
CONSULTANT AND THE City, its officers, officials, employees, and volunteers, the
CONSULTANT's Iiability hereunder shall be only to the extent of the CONSULTANT's
negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the CONSULTANT'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. INDEPENDENT CONTRACTOR/ASSIGNiViENT.
The parties agree and understand fhat the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided
herein. The parties agree that this Agreement may not be assigned in whole or in part
without the written consent of the CITY.
8. INSURANCE.
CONSULTANT shall procure and maintain for the du�afion of this Agreement,
insurance against claims for injuries to persons or damage to prope�ty which may arise
from or in conneetion with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, or employees.
CONSULTANT'S maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
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a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles, with a minimum combined single limit for bodily injury and
property damage of$1,000,000 per accident. 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.
b. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, and personal injury and advertising injury, with limits
no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
The CITY shall be included as an additional insured under the
CONSULTANT'S Commercial General Liability insurance policy with respeat
to the work performed for the CITY using the applicable ISO Additional
Insured endorsement or equivalent.
c. Worker's Compensation eoverage as required by the Industrial Insurance
laws of the State of Washington. If the consultant is a sole proprietor, the
parties agree that Industrial Insurance would be required if the
CONSULTANT had employees. However, the parties agree that a ,
CONSULTANT who has no employees would not be required to have
Worker's Compensation coverage.
d. Professional Liability insurance appropriate to the CONSULTANT'S
profession, with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability, and Commercial General
Liability insurance:
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a. The CONSULTANT'S insurance coverage shall be primary insuranee as
respects the CITY, except for Professional Liability. Any insurance, self-
insurance, or insurance pool coverage maintained by the CITY shall be
excess of the CONSULTANT'S insurance and shall not contribute with it.
b. The CONSULTANT'S insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days prior written
notice has been given to the CITY by certified mail, return receipt requested.
All insurance shall be obtained from an insurance company authorized to do
business in the State of Washington. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A-:VII.
The CONSULTANT shall furnish the City with certificates of insurance and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance coverage required by this
section, before commencement of the work. The CITY reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the CITY at
any fime. The CITY will pay no progress payments under Section 3 until the
CONSULTANT has fully complied with this section.
9. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
arrangements on the grounds of race, color, creed, religion, national origin, sex, sexual
orientation, age, or where there is the presence of any sensory, mental or physieal
handicap.
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10. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such
other information and materials as the CONSULTANT may have accumulated, prepared
or obtained as part of providing services under the terms of this Agreement by the
CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN.
In addition, the CONSULTANT agrees to maintain all books and records relating to its
operation and concerning this Agreement for a period of six (6) years following the date
that this Agreement is expired or otherwise terminated. The CONSULTANT further
agrees that the CITY may inspect any and all documents held by the CONSULTANT
and relating to this Agreement upon good cause at any reasonable time within fhe six
(6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S
request, the originals of all drawings, documents, and items specified in this Section and
information compiled in providing services to the CITY under the terms of this
Agreement.
11. CERTIFICATION REGARDING DEBARMEfVT. SUSPENSION. AND
OT_HER_RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIOiVS. �
The prospective primary participant certifes to the best of its knowledge and
belief, that it and its principals:
(a) Are not presently debarred, suspended; proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission or fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
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public transaction; violation of federal or state antitrust statues or commission
of embezzlement, fheft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph "(b)" of this certification; and
(d) Have not within a three-year period preceding this application/proposal had
one or more public transactions (federal, state, or local) terminated for cause
or default.
Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
12. TERMINATION OF AGREEMENL
This Agreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of termination due to
the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the
CITY for services performed to the date of termination:
Upon receipt ofi a termination notice under the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
written notice, and (2) deliver to the CITY all data, drawings, specificafions, reports,
estimates, summaries, and such other information and materials as the CONSULTANT
may have accumulated, prepared or obtained in performing this Agreement, whether
completed or in process.
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13. GENERAL PROVISIONS.
13.1. This Agreement shall be governed by the laws, regulations and ordinances
of the City of Auburn, the State of Washington, King County, and where applicable, I',
Federal laws. ''
13.2. All claims, disputes and other matters in question arising out of, or relating '�
to, this Agreement or the breach hereof, except with respect to claims which have been ��
waived, will be decided by a court of competent jurisdiction in King County, Washington.
Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall
proceed diligently with the performance of the services and obligations herein.
13.3. In the event that any dispute or conflict arises between the parties while
this Agreement is in effect, the CONSULTANT agrees that, nofinrithstanding 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.
13.4. The CITY and the CONSULTANT respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this
Agreement with respect to all covenants to this Agreement.
13.5. This Agreement represents the entire and integrated Agreement between
the CITY and the CONSULTANT and supersedes all prior negotiations, representations
or agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT.
13.6. Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorney's fees and
expenses and court costs shall be paid to the substantially prevailing party.
13.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
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13.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
13;9; This Agreement shall be administered by consultant representative on
behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of
the CITY. Any written notices required by the terms of fhis Agreement shall be served
on or mailed to the following addresses:
City of Auburn SLA Landscape Architecture
Attn: Jamie Kelly Attn: Erik Sweet
251N Main Street 23530 SE 456�' Way
Auburn WA 98001 Enumclaw, WA 98022
Phone: 253.931.4011 Phone: 360.625.8061
Fax: 253. 931.4005 E-mail: ejsw@slalandscapes.com
E-mail: jwkelly@auburnwa.gov
13.10. All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be delivered in person or deposited in the United
States mail, postage prepaid. Any such delivery shall be deemed to have been duly
given if mailed by certified mail, return receipt requested, and addressed to the address
for the party set forth in 13.9 or if to such other person designated by a party to receive
such notice. It is provided, however, that mailing such notices or communications by
certified mail, return receipt requested is an option, not a requirement, unless
specifically demanded or otherwise agreed.
Any party may change his, her, or its address by giving notice in writing, stating
his, her, or its new address, to any other party, all pursuant to the procedure set forth in
this section of the Agreement.
13.11. 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.
Agreement for Professional Services—CP1817 Brannan Park Synthetic Infield
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CITY OF AUBURN
ancy Ba k , Mayor
Date �' Z.����
ATTEST:
Danielle . Daskam, City Clerk ,
APPROVED AS TO FORM: ,
Daniel B. Heid, City A orney
NAME OF CONSULTANT
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' 0�1:w5m�i1F1P Olmf
Erik J.Sweet,RLA,ASLA �,\i�Oi1s3018A5]6093641-0TOC
BY:
Tltle: �`"ner
Federal Tax ID # 5�-oszzs�2
Agreement for Professional Services—CP1817 Brannan Park Synthetic Infield
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EXHIBIT A
SCOPE OF WORK
Consultant Invoices
Project#CP1817
Page 1 of 1
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SPORTS FACILITY SPECIALISTS LANDSCAPE ARCHITECURF SITE PLANNING '
Marcli 16,2017
.
City of Auburn Parks and Recreation A R C H I T E C T U R E
Attn; Daryl Faber
Auburn, WA
RE: Brannan Park Baseball Field Renovation
As per your request and our meeting on site we have prepared a scope and fee of work for the
renovation of the existing natural grass/infield mix field located at Brannan Park
The renovation includes the infields and potentially the backstop of the existing natural
grass/clay infield as follow:
1. Project Management: SLA will provide all project management and coordination with City
of Auburn Parks and Recreation and the C.ity Public Works and Development department to
submit plans/permitting and cost estimation
2. Construction Document Sheets shall include the following:
a. Cover Sheet
b. Demolition/TESC plan
c. Grading
d. Drainage(connect to existing drainage lines in the fields)
e. Storm Water system (Civil Plan Sheets)—this is a standard system not Low Impact
Development(LID is listed an ad add service)
f. Layout surFacing sheet: synthetic turf, lines marks,fencing and backstops
g. Civil Details: TESC,consfruction access,storm wate�details.
h. Details for infield,drainage,irrigation,turf and backstop renovations
i. Synthetic turf Details: lines marks, layouts
3: Technical Specifications: SLA will shall incl.ude the following but not limited to:
a. Div 1 General Conditions
b. Demolition
e. Exeavation/Grading
d. Aggregate
e. Concrete
f. Athletie Field Drainage
g. Chainlink Fencing/Backstops
h. Synthetic Turf
i. Site Furnishings: bases, plates, pitching rubbers, inserts
j. Athletic field Soils..
k. Seeding/sod
4. Permitting:
23530 SE 456T"Way,Enumclaw,Washington 98022 P 360-625-8061
www.slalandscapes.com
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$PORTSFACILITYSPECIALISTS LANDSCA?EaRCHITECURE SITEPLANNING
a. SEPA checklist will be completed with the project,and a letter of DNS or Exe
�
under RCW for maintenance and renovation is anticipated with the project. c H � r F C T U•R E
assumed Auburn parks will pay for any public notice boards and newspaper ads
accordingly.
b. Grading permit is anticipated to be required as this is field maintenance work. SLA
� wi.11 complete grading permit application and quantities and assist in permit
submittal to the City of Auburn Public Works/DeVelopment Department.
5. Bidding/Pricing: SLA will coordinate pricing/bidding of project with the proposed site work.
Delivery method to be coop purchasing contract.
6. Construc�tion Administration: SLA will provide all construction administration and field
reports to the Auburn Parks Department.
7. Project Closeout:SLA will coordinate all close out, as-built drawings,0&M manuals and
required owner turF training. Final As-built Mylar drawings will be provided to the City of
Auburn,as pre City permit requirements for fina.l permit close out and final inspeetion.:
Pro'ect Mana ement/Cost Models/Permittin $3,240.00
Civil Storm Water Report/Plan - Storm Drainage $11;200.00
KPFF
Construction Documents $15,307.SD
Construction Administration $7580.00
Total Pro osal Brannan Park Baseball Field $37,327.50
Add Service: Backsto Re lacementlStructural $6275.00
Add Service: LID Storm S stem Desi n $3125.00
Add Service Site Surve $7150.00
Project Management/Cost Models/Permit: includes two meetings with the Parks Admin and
maintenance Staff and coordinate ou.r fina.l construction document_s and bidding. All meetings
will be held at Auburn Parks offices, SLA will provide cost models for the project base bid, and
alternate bids. SLA has included a SEPA checklist for the f eld renovation, and submit for any
required permitting for grading and or storm water.
Structural Documents: SLA has included all work to be completed for calculations for the
footings of the new backstops at the upper softball fields. Structwral engineering will include all
calculations, and 8 x 11 sheets for the footing design/size for installation by the contractor.
Construction Documents: SLA has included all work to be completed for construction
documents to include all sheets in 24 x 36 sheet sizes. Includes sheets listed above for
grading/drainage/surfacing, storm water and construction details for the replacement of the
_
23530 SE 456T"Way,Enumclaw,Washington 98022 P 360-625-8061
www.slalandscapes.com
♦
SPORTSFACILITYSPECIALISTS LANDSCaPEARCHITECURE SITEPLaNNING
existing baseball infield, and an alternate option for backstop replacement. Existing irrig '
.
will also be adjusted and is included in this proposal. �R c .-; ��r�c�u � t
Bidding/Procurement: SLA has assumed that coop purchasing is being used for procurement
process with this projeet. Thus negotiated pricing will occur.
Construction Adminisfration: SLA has included construction administration for the
renovation to include, pay applieation review/approval, submittal review, site visits, field reports,
as built reviews, and projeet close out.
SLA Deliverables: SLA Landscape Architecture shall deliver to City of Auburn Parks the
following items:
e Cost Model—PDF/Excel format
e Construction Documents Sheets—PDF format
o Technical specifications—PDF and word document format
o CAD Files after completion for records(2007 CAD format)
I look forward to the opportunity to work the City of Auburn Parks and Reereation.
Sincerely,
SLA Landscane Architecture
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Erik J. 5weet,ASLA, RLA �wner
Cc: File
23530 SE 456T"Way,Enumclaw,Washington 98022 P 360-625-8061
www.slalandscapes.com