HomeMy WebLinkAbout09-170 - Perteet Engineering - GIS Inventory Area 6CONSULTANT AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington,
hereinafter referred to as "the City and Perteet, Inc. hereinafter referred to as "the
Consultant in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
09 -170
Council Approval 10/19/09
1. Project Designation. The Consultant is retained by the City to perform engineering
services in connection with the project designated Area VI GIS Infrastructure
Inventory.
2. Scope of Services. The Consultant agrees to perform the services, identified on
Exhibit "A" attached hereto, including the provision of all labor, materials, equipment
and supplies.
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 365 calendar days from notice 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 Exhibit `B" attached hereto, provided that the total amount of payment to
the Consultant shall not exceed $150,000 without written authorization.
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 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.
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
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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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. 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) days prior written notice to the City. Certificates of coverage as
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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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.
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 the Agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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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:
Notices to Consultant shall be sent to the following address:
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.
DATED this C)V day of!) r r 2009
CITY OF TUKWILA
Attest/Authenticated:
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
Perteet, Inc.
2707 Colby Avenue, Suite 900
Everett, WA 98201
C rii'isty O'Flaherty, City Clerl( Off
CONSULTANT
Approved as to Form:
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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)f.
By. A c
Michael G. Yeoma'
Director of Applied Field Services
Attorney
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INTRODUCTION
The overall objective of Scope of Services is to provide an inventory and mapping of the
City of Tukwila's Public Works infrastructure. The inventory and mapping for the
infrastructure will be performed within public rights -of -way and easements within the
three areas as defined below:
The Inventory Program developed for the previous phases will be the foundation for the
Phase V GIS project. This phase of the inventory will locate storm drainage structures
and facilities and the center point of street monument cases. We will also provide
measure down to apparent inverts and attempt to determine the size and material of the
connecting storm pipes. Perteet Inc. field crews will make all measurements and
observations from the ground surface. Perteet field personnel are not equipped for, nor
permitted to attempt, a confined space entry.
The work under this agreement will be accomplished under the following elements of
work:
SCOPE OF SERVICES
1.0 Management Coordination /Administration
1.1.
1.2.
1.3.
1.4.
Exhibit "A"
Scone of Services
City of Tukwila
GIS Public Works Infrastructure Inventory
Phase VI
(Between I -5, SR -405, Interurban Ave. and So. 144 St.)
1. Gateway Drive area north of I -5 and east of Interurban Ave. So.
2. Outfalls to the Green River between the Allentown Bridge and I -5
3. Between the east margin of I -5 and Interurban Ave. So., south of So. 144 St. to
the north Margin of I -405
Provide continuous project management administration (billing invoices, monthly
progress reports) throughout the project's field data acquisition and GIS
development.
Develop project schedule. Schedule to be updated by the Consultant at the City's
direction as needed.
Attend coordination meetings with City staff and prepare meeting minutes. It is
assumed that a total of 6 meetings will be required and additional meetings, at the
City's direction, will be considered additional work.
Prepare independent QA/QC reviews at the 75% and final project review.
1.5. Coordination of Sub consultants.
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2.0 Project Planning
2.1. The Consultant analyst will schedule and lead the Project Kickoff and planning
meeting prior to the start of field data collection. This session will focus on the
final identification of features and feature attributes to be collected by field survey
crews. In addition, planning for future uses of the utility and street inventory will
be discussed.
2.2. Acquire both hard copy and electronic mapping that is readily available from
King County, WSDOT, or other sources that show the infrastructure features that
will be inventoried within their geographical areas.
3.0 Field Data Acquisition
3.1. Assumptions:
3.1.1. Elevations will be referenced to NAVD "88" datum.
3.1.2. We estimate that two thirds of inventory data will be acquired by GPS, the
remainder will be by traditional optical equipment based upon GPS
control points.
3.1.3. "Confined Space" entry will not be required by the consultant to complete
the project.
3.1.4. Only visible or easily recovered features will be surveyed.
3.1.5. City of Tukwila will ensure access to all private properties required for the
survey.
3.2. Storm System Survey:
3.2.1. The following visible Storm Sewer system appurtenances will be located
by GPS or optical survey: manhole and catch basins, including invert
elevations, pipe sizes, material and direction of flow, culvert outfalls and
drainage swales.
3.3. Monument Survey:
3.3.1. Perform Global Position System (GPS) Real -time Kinematic (RTK)
survey locating the center of case of visible monuments adjacent to
stormwater inventory locations. No exhaustive investigation,
reconnaissance or research will be performed to recover all of the street
monuments.
4.0 GIS Data Development
4.1. Support Field Data Acquisition
4.1.1. Prepare supporting field map documents as necessary to successfully
complete inventory.
4.1.2. Ensure data transfers are complete and conform to data template design as
prescribed in previous project phases.
4.2. Data Development and Drainage Network Construction
4.2.1. Stormwater sewer systems will be developed into comprehensive
networks.
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4.2.2. TetraTech assumes approximately 600 catch basins and 250 culverts, plus
connecting ditches and swales for conversion to GIS.
4.2.3. TetraTech will ensure the digital conversion of streams and integrate them
into the stormwater network within the final Geodatabase product.
4.2.4. To digitally represent the meander bends of both streams and large
ditches, TetraTech will rely primarily on flow points collected by Perteet
field staff at the major turns in these features. TetraTech will "smooth"
the bends in the stream and ditch centerlines using supporting vectors in
the City's existing hydro layer and/or aerial photographs.
4.2.5. QA/QC procedures developed and implemented in Phases I through V to
detect flow anomalies, missing features, and other potential errors will be
used in Phase VI. This includes the use of ArcReader and the creation of
PMF files within problem areas for visual inspection by Perteet field staff.
These errors will be fixed in GIS where possible or will be returned to the
survey team for further research.
4.2.6. Data will be provided to City staff on a regular basis to allow for a final
tier of QA/QC. Data will be made available for download off a secure
web -site or provided to the City in an alternate fashion. We expect to use
the City's ArcReader system developed in Phases I through V to
accomplish this tier of quality assurance.
4.3. Geodatabase Enhancements
4.3.1. The Drainage Network will be integrated into the Personal Geodatabase
created in Phase 1. The Geodatabase format created in Phases I through V
will be kept as is. Data resulting from the field inventory and network
construction in Task 4.2. will be added to the existing Geodatabase
(currently encapsulating all work performed in Phase 1).
4.4. Map Production
4.4.1. Hard copy maps of the completed inventory will be developed in ArcMap.
This will include a basemap image of the project study area using GIS
data provided by the City. The map will depict the drainage network with
as many physical attributes that can be displayed without blurring the map
image, and will be similar in quality to the hard copy submittals for Phase
1. The map will be compiled in a poster -size (E). One (1) draft and one
(1) final submission of each hardcopy map will be provided to both the
Client and Perteet. Duplicate copies will be provided at an additional cost.
4.5. Documentation and Delivery
4.5.1. FGDC Compliant metadata will be developed for all feature classes within
the Stormwater feature dataset The metadata will outline the creation
process as well as the spatial and feature attribute definitions. The form
will be seamlessly linked to the layers in ArcGIS using the metadata kit
provided with the software.
4.5.2. A recommended data management strategy will be written and provided to
the City. This will offer suggestions on future expansion of the database.
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4.5.3. The Geodatabase, including all GIS data layers created by TetraTech, and
ArcGIS project file, and digital metafiles of the map graphics, will be
placed on CD -ROM. A single copy of the CD will be sent to both the City
and Perteet as a final product.
Deliverables
Infrastructure Geodatabase including all GIS data layers created by TetraTech
from Phasel through V, an ArcGIS project file, and digital metafiles of the map
graphics.
One set of hardcopy maps in Poster format.
A "PMF" version of each hardcopy map for general use by City Staff that use the
free ArcReader software OR an ArcView project file.
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Exhibit "B"
Hourly rates and expenses to a maximum of $150,000.
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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