HomeMy WebLinkAboutRobert W Droll Landscape ArchitectCITY Of T'�"��, „��
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WASHINGTON
A.- reemmnt for Services
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This Agreement is made effective as of March 11. 2015, by and between ROBERT W DROLL LANDSCAPE
ARCHITECT ( "CONSULTANT ") and the CITY OF AUBURN ( "CITY "). The parties agree as follows:
1. DESCRIPTION OF SERVICES. The CONSULTANT agrees to provide the consulting services set forth in
the Scope of Work attached hereto as Exhibit A, by this reference made a part hereof, for the purpose of
conducting professional services to develop a Master Plan to guide the development and phasing of a Special Use
Park along the banks of the Green River (Parcels 3339400588 and 3339400690).
2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay the CONSULTANT a
total not to exceed a fee of $30,194.00 pursuant to the project budget (Exhibit A) inclusive of expenses.
Notwithstanding its rate and payment provisions contained in its proposal for services, the CONSULTANT
understands and agrees that payments must go through City Council authorization at a regularly scheduled
Council meeting and as such, payment shall only occur after this authorization has been received.
3. EXPENSE REIMBURSEMENT. The CONSULTANT shall pay all 'but -of- pocket" expenses. and shall not
be entitled to reimbursement from the CITY except for specific services, items or activities listed in the Scope of
Services as reimbursable goods or services.
4. TERM /TERMINATION.
A. This Agreement is effective upon both parties' signatures, and expires at 11:59 p.m. on December 31,
2015, or upon completion of the CONSULTANT services, whichever is earlier, unless extended by mutual
agreement prior to the completion of all services.
13. Either party may terminate the Agreement by notifying the other party in writing within seven (7)
days of the intent to terminate. If this Agreement is terminated, CITY shall pay the CONSULTANT for all work
performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. The CONSULTANT is an independent contractor with respect to the City
of Auburn, and not an employee of the CITY. The CITY will not provide fringe benefits, including health
insurance benefits, paid vacation, or any other employee benefit, for the benefit of the CONSULTANT.
6. EMPLOYEES. The provisions of this Agreement shall also bind the CONSULTANT'S employees who
perform services for the CITY under this Agreement.
7. INDEMNIFICATION / HOLD HARMLESS. The CONSULTANT shall defend, indemnifv and hold the
CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the
CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City. The CITY shall defend, indemnify and hold the CONSULTANT, its officers, officials,
employees and volunteers harmless fiom any and all claims. injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the negligent acts, errors or omissions of the CITY in performance of this
Agreement, except for injw ies and damages caused by the sole negligence of the CONSULTANT. In the event
of liability for damages arising out of-bodily injury to persons or damages to property caused by or resulting from
he concurrent negligence of the CONSULTANT and the City, its officers, officials, employees, and volunteers,
(collectively the "Parties') the Parties' liability hereunder shall be only to the extent ofcach Party's negligence. It
is further specifically and expressly understood that the indemnification provided herein constitutes the Parties
Pagc 1 of 4
AUBURN * MORE THAN you I MnciNTo
waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purposes of this indemnification.
']'his waiver has been mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
S. INSURANCE. The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees.
A. Minimum Scope of Insurance: The CONSULTANT shall obtain insurance of the types described
below:
1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles.
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.
2. 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. The CITY shall be named as an additional insured
under the CONSULTANT'S Commercial General Liability insurance policy with respect to
the work performed for the CITY under this Agreement.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Professional Liabilitv insurance appropriate to CONSULTANT'S profession.
B. Minimum Amounts of insurance: The CONSULTANT shall maintain the following insurance
limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000.000 per claim
and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability and Commercial General Liability insurance:
1. The CONSULTANT'S insurance coverage shall be primary insurance as respect to the CITY.
Any insurance, self- insurance, or insurance pool coverage maintained by the CITY shall be
excess of CONSULTANT'S insurance and shall not contribute with it.
2_ The CONSULT'ANT'S insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the CITY.
D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A: VII.
E. Verification of Coverage: The CONSULTANT shall furnish CITY with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional insured
page 2 of 4
endorsement, evidencing the insurance requirements of the CONSULTANT before commencement
of the work.
9. ASSIGNMENT. The CONSULTANT'S obligations under this Agreement may not be assigned or transferred
to any other person, firm, or corporation without the prior written consent of the CITY.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
IF to CONSULTANT:
Robert W. Droll Landscape Architect
Ann; Bob Droll, ASLA
4405 7" Ave. SE. Suite 203
Lacey, WA 98503
IF to the CITY:
City of Auburn
Attn: Daryl Fabre
Director of Parks, Arts and Recreation
City ofAuburn
25 W. Main Street
Auburn, WA 98001
Such address may be changed from time to time by either party by providing written notice to the other in the
manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no
other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any
prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW. This Agreement shall be governed by the laws of the Slate of Washington. Venue for
any court action shall be in King County, Washington.
Page 3 of
The undersigned have read the above statements, understand them and agree to abide by their terms.
CITY OF AUBURN
Signed:
Date: 4. '
Address: 25 West Main Street
Auburn, WA 98001
Phone: 253 -804 -5044
ROBERT W. DROLL, LANDSCAPE,
ARCHITECT
Signed
Date:
Address: 4405 7 °i Ave. SE, Suite 203
Phone:
Page 4 of
Lacey, WA 98503
360 - 456 -3813
104" Park Master Plan Scope of Services
Exhibit A
Scope of Work
11/3/2014
This assignment includes the work to be performed by the Design Team of Robert W. Droll,
Landscape Architect, PS (hereinafter RWD), for the 104`h Park (hereinafter Project) on behalf of
the Auburn, WA Parks Arts and Recreation Department (hereinafter Client or Parks). The Scope
of Work includes preparing a Master Plan to guide the development and phasing of a Special -
Use Park along the banks of the Green River. This park is envisioned to offer recreational
opportunities such as trails, swim beach, play area, picnic facilities, and support facilities such as
restrooms and parking.
Project Team
Your RWD Project Team consist of the following professionals.
❑ Robert W. Droll, ASLA, Principal
❑ Don Campbell, RLA, Project Manager
Basis of Proposal
This Scope of Services and Fee Proposal is based upon a site visit and written /verbal
communication, on -going discussions, and written communications with Daryl Faber, Auburn
Parks Director and Jamie Kelly, Auburn Parks Planning & Development Manager.
RWD proposes the following Scope of Services to accomplish the work necessary to prepare the
master plan for the Project.
Scope of Services
Task 1 Master Plan
Task 1.01 Prepare Base Maps, Obtain Site Data, Site Visit, Site Analysis
RWD will prepare the Base Map from Parks supplied Design and Boundary Survey in
ACAD format (.dwg). RWD will review background data given to RWD from Parks, will
conduct a site visit to take note of existing features with Design Survey in hand, and conduct
photo- documentation. RWD will prepare a Site Analysis map defining existing elements that
will influence the Master Plan process.
Task 1.02 Parks Meeting Goals & Vision
RWD will meet with Parks on -site and will document Park's Goals and Vision for both sites.
Task 1.03 Public Workshop #1:
RWD will prepare for, and conduct Public Workshop #1 whereby during the first hour RWD
will present our Site Analysis, our understanding of the Park's characteristics, facilitate a
discussion on Auburn Park's goals and vision, discuss appropriate Program Elements, and
discuss the Master Plan process, sequence and final deliverables. Based upon the
information the participants just heard in the Workshop, RWD will task Workshop
Robert W. Droll, Landscape Architect, PS �,
1041h Park Master Plan Scope of Services
11/3/2014
participants to be landscape architects during the second hour, and illustrate their vision of a
Master Plan concept in a Schematic /Bubble Diagram manner. Participants will be asked to
present their concepts at the end of the Workshop.
Task 1.04 Prepare Master Plan Concepts
Based upon the Parks Board's comments, Workshop #I participants' comments, and their
Master Plan concepts, RWD will prepare three Master Plan Concepts illustrating the type,
size and location of Programs Elements. Based findings from the Public and Parks, Program
Elements for each Master Plan Concept may or not be the same. Master Plan Concept
drawings will be line and tone overlain onto the site's aerial photo.
Task 1.05 Concept Plans Review
RWD will meet with Parks to review the Concept Plan and estimates. RWD will modify
Concept following this discussion.
Task 1.06 Pre- Submission Conference with Auburn
Prepare application and attend Pre- Submission Conference with Auburn to discover any
unknown regulatory requirements.
Task 1.07 Revise Concept Plans
RWD will revise Concept Plans and estimates for the 104" Park based upon Park's direction.
RWD will send Parks the revisions electronically and we will teleconference to discuss
revisions if necessary in preparation for Workshop #2.
Task 1.08 Public Workshop #2
During the first hour of Public Workshop #2, RWD will briefly review the findings of
Workshop #1 followed by an overview of Master Plan Concepts. After a break, the
participants will be tasked with reviewing each Master Plan Concept and identifying
elements they prefer, would like to change, and do not prefer. RWD will conduct an open
discussion of these preferences and attempt to reach consensus of the preferred mix, type,
size, and location of Program Elements in an effort to identify a Preferred Plan. Participants
will asked to define their implementation priorities (phasing). Graphics include a line, tone,
and color plan overlain onto an aerial photo for the Master Plan Concept.
Task 1.09 Client Review
RWD will meet with Parks to discuss Workshop #2 findings, recommendations and
consensus preferences.
Task 1.10 Refine Concept Plans
RWD will revise and refine the Concept Plan as defined by Parks. RWD will revise an
Estimate of Probable Cost for both sites.
Task 1.11 Public Workshop #3/Rcgular Park Board Meeting: Preferred Master Plan
RWD will begin Public Workshop 93 by reviewing the findings and preferences originating
from Public Workshop #2, and followed by a description of the Preferred Master Plan,
Estimate of Probable Cost and the Phasing Plan.
Robert W. Droll, Landscape Architect, PS
104" Park Master Plan Scope of Services
Task 1.12 Master Plan Executive Summary
11/3/2014
RWD will make any revisions to the Preferred Master Plan emanating from Public Workshop
#3 followed by a written Executive Summary (10 -15 pages with drawing fold -outs) of the
100 Park Master Plan Process and the Preferred Master Plan, Phasing Plan and an Estimate
of Probable Cost for each Project Phase. RWD will prepare an Estimate of Annual
Maintenance Cost.
Task 1.13 Project Management
This Task accounts for the RWD's time to manage the Project's contractual elements,
scheduling, billing and timing of Project and discussions with Parks. Manage the
coordination of design team and the execution of the Project Schedule.
Additional Services, Excluded Services
Services and specific items that are not within the scope of work/services include, but are not
limited to, the following. RWD can provide these Services if requested.
Exclusions
Groundwater monitoring and Wellhead Protection Plan.
:z Meetings with King County or other regulatory agencies.
Demand analysis /economic modeling.
Traffic Impact Analysis
Stormwater analysis & Report
30 %, 65 %, 95% & 100% Plans, Estimate and Specifications, Bidding Services or
Construction Observation Services of any on -site or off -site, mitigation and
building improvements.
Legal Descriptions of easements, Rights -of -Ways, etc.
Material Testing.
�D Web -site preparation and hosting, visual impact analysis, photo - simulations,
�D Tree valuation, noise studies, air quality studies
Boundary and ALTA Surveys
Geotechn ical Investigations
Environmental Assessments
:z Groundwater monitoring
�z SEPA, JARPA or any environmental or regulatory permitting
z Hydraulic studies, Hydrogeologic Report, Hydrology Studies, Environmental
Studies, Noise Studies, Water Quality Testing & Monitoring
Cultural Resources Investigation, HALS, and other Archaeological /Historic
Preservation Studies
Mitigation Site Identification and Analysis
Professional Fee
Professional Fees to accomplish the Scope of Services for 104`h Park Master Plan are shown on
Exhibit B. Reimbursable Expenses will be paid at cost plus ten percent. RWD will perform the
Scope of Services on a Time and Materials Basis.
Robert W. Droll, Landscape Architect, PS
104' Park Master Plan Scope of Services
11/3/2014
Parks Responsibilities
Parks shall provide the following information or services as required for performance of the
work. RWD assumes no responsibility for the accuracy of such information or services and shall
not be liable for errors and omissions therein. Should RWD be required to provide services in
obtaining or coordinating compilation of this information, such services shall be charged as
Additional Services.
�z Existing Topographic and Boundary Survey in ACAD format defining the recent
revetment and restoration improvements, Ordinary High Water, Critical Areas
and buffers, topography, property lines and all existing features.
Existing as -built site engineering, utility base information and any existing studies
information Parks may have which may influence Master Plan outcomes.
Robert W. Droll, Landscape Architect, PS
n
11/3/2014 14046 O \2014 \140578 Auburn Parks 104th \104th Park fee.xlsx
:7040 Park "MaMer'Plan.. .
Augti�R ArEs, Parks &, Reore0t on pepaltjnenf,
Exhibit B- Project Scope of Work / Fee
RWD
Tasks
Total
Bob Droll, ASLA, Project
Manager
Don Campbell, RLA
Clerical
1.00
Master Plan
1.01
Prepare Base Maps, Obtain Site Data, Site
Visit, Site Analysis
$ 3,440 00
8
$ 1,040.00
24
$ 2,400.00
$ -
1.02
Parks Meeting - Goals & Vision
$ 230.00
1
$ 130.00
1
$ 100.00
$ -
1.03
Concept Plans
$ 6,080.00
16
$ 2,080.00
40
$ 4,000.00
$ -
1.04
Public Workshop #1
$ 2,640.00
8
$ 104000
16
$ 1,600.00
$ -
1.05
Pre - Submission Conference
$ 920.00
4
$ 520.00
4
$ 400.00
$ -
1.06
Revise Concept Plan
$ 3,460.00
2
$ 260.00
32
$ 3,200 00
$ -
707
Public Workshop #2
$ 1,840.00
8
$ 1,040.00
8
$ 800.00
$ -
708
Client Review
$ 660.00
2
$ 260.00
4
$ 400.00
$ -
1.09
Refine Concept Plans
$ 1,860.00
2
$ 260.00
16
$ 1,600.00
$ -
1.10
Public Workshop #3
$ 1,840.00
8
$ 1,040.00
8
$ 800.00
$ -
1.11
Client Review
$ 660.00
2
$ 260.00
4
$ 400.00
$ -
1.12
Refine Concept Plans
$ 1,060.00
2
$ 260.00
8
$ 800.00
$ -
1.13
Project Management
$ 5,104.00
24
$ 3,120.00
16
$ 1,600.00
8
$ 384.00
Subtotal
$ 29,794.00
87
$ 11,310.00
181
$ 18,100.00
Direct Expenses $ 400.00
Professional Services Total $ 30,194.00
Robert W. Droll, Landscape Architect, PS 360.456.3813