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HomeMy WebLinkAbout10-080 - CH2M Hill - Southgate Creek AssessmentSUPPLEMENTAL AGREEMENT NO. 1 to CONSULTANT AGREEMENT NO. 10 -080 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and CH2M Hill, Inc., hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on July 26, 2010 and identified as Agreement No. 10 -080. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Time for Performance, is amended to change the number of calendar days for completion of the work to read 75 days. Payment, The total amount of payment to the Consultant remains unchanged and shall not exceed $17,687.00 without express written modification of the Agreement signed by the City. DATED this D day of 2010. u CITY OF TUKWILA CONSULTANT 10- 080(a) Council Approval N/A f C By: 1 Icy y� Printed Name: aA M &S I G. KIIPLA Title: V I CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES 10 -080 Council Approval N/A THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and CH2M HILL, Inc., 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 services in connection with the project titled Southgate Creek Assessment. 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 30 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 Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $17,687.00 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 is 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 period of three (3) years after final payments. Copies shall be made available upon request. 02(6 i/U ,q 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. The standard of care applicable to Consultant's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed. Consultant will reperform any services not meeting this standard without additional compensation. 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, to the proportionate extent arising from injury or death to persons or damage to property occasioned by any negligent 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 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 required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 2 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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 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 3 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 aVT" day of 20 0 1 CITY OF TUKWILA Attest/Authenticated: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 CH2M HILL, Inc. 1100 112 Ave NE, Suite 400 Bellevue, WA 98004 ATTN: Sherrill Doran CONSULTANT 5//17j )0740 By: h i 1 7 23.2410 Printed Name: JY'IM ES G KA i I.14 Title: vtoE WES I V I' T Approved as to Form: Offic of e City kttorney 4 EXHIBIT A: Scope of Work Southgate Creek Assessment Within the Southgate Creek system, a portion of the creek that runs along and under South 131St Street is backing up and reducing the downstream conveyance of water. This scope of work has been developed for the City of Tukwila to analyze water movement and sedimentation and recommend changes if needed to restore flow capacity for this reach of Southgate Creek, including upstream from the S. 131st culvert and downstream within the Normed wetland site. Task 1. Survey Field Data Collection A survey crew will collect elevation data to assess the existing gradient of the wetland, as well as the gradients of the connecting culverts within the upstream Southgate Creek ditch system that is managed by the City. The wetland length is —600 ft, and the survey will include a centerline profile, cross sections, and 10 control structures (nine culverts and one high -flow bypass structure) as marked on the City- provided attached diagram. O Culvert /Structure Normed Drainage Issue rza Pno:o Date' 2O3 For the nine culverts, survey data will be collected on the inlet and outlet elevations, culvert length, depth of sediment and depth of water. At the high -flow bypass structure, elevation data will be collected to represent both the board -in and board -out scenarios. Surveyors will take all reasonable precautions to leave public and private property in the condition in which they find it. All work shall be completed under the direction of a Professional Land Surveyor registered in the State of Washington. All work shall be completed using equipment, personnel, and procedures that will confirm compliance with the accuracy standards defined below. The Surveyor shall provide coordinates in the most recent Washington State Plane Coordinate System for the area on the date of surveying. The horizontal datum shall be NAD83. The vertical datum shall be based on the nearest National Geodetic Vertical Datum as determined by the Professional Land Surveyor. The topographic survey shall include two control points within the project area site. These points shall be tied to the datum system and specifications as outlined for control points in the next section with X, Y, and Z coordinates listed to the nearest 0.01 foot. Control points shall be included and labeled tabular and base map deliverables (both hardcopy and electronic). The units of measurement for this project shall be in US survey feet. Survey accuracy for any horizontal control shall be Third Order Class I as outlined in the FGDC Geospatial Positioning Accuracy Standards, Part 4: Standards for Architecture, Engineering, Constructions (A /E /C) and Facility Management. 1:10,000. Vertical Control work shall be Third Order As outlined in the FGDC Geospatial Positioning Accuracy Standards, Part 4: Standards for Architecture, Engineering, and Construction (A /E /C) and Facility Management. 0.05' FM Horizontal Control work may be performed and verified using either standard surveying techniques or Global Positioning Satellite (GPS) system techniques. These techniques shall meet the specification requirements outlined in this scope. If the Professional Land Surveyor determines that standard surveying techniques are to be used, all horizontal control work shall comply with Third Order Class I, as outlined in the FGDC Geospatial Positioning Accuracy Standards, Part 4: Standards for Architecture, Engineering, Construction (A /E /C), and Facility Management. If GPS is used, the relative horizontal accuracy shall conform to the FGDC Geospatial Positioning Accuracy Standards, Part 2: National Standard for Spatial Data Accuracy; allowing accuracy at the 95% confidence level of the horizontal coordinates to the nearest 2 centimeters. The deliverables for this task will be a map provided in MicroStation XM or AutoCAD 2008 (or earlier versions) suitable to serve as a base file. The surveyed data will be incorporated into the modeling input file that will be developed as part of Task 2. A drainage profile will also be developed showing the elevation of the pipe inverts, sediment within pipe or channel bottom, and top of water. All documents submitted shall bear the Surveyor's seal, signature, and a certificate that all work was done under the Surveyor's supervision and that all information contained in the document is true and is accurately shown. Task 2. Survey Data Analysis This task will use the data collected in Task 1 to develop a 1 -D HEC -RAS model to assess the gradients and velocities of the entire -1,000-ft system (from the high -flow bypass through to Highway 599). The purpose of this assessment is to help establish existing conditions and model the transport of sediment and water through the system so that potential corrective recommendations can be developed. The deliverable for this task will be a modeling output file that will be incorporated into the report developed as part of Task 3. Task 3. Reporting This task will summarize existing conditions based on CH2M HILL field observations, and City- provided records including maintenance schedules, photos, and letters. City will provide all data in City's possession relating to CH2M HILL services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of City provided information. This task will also provide an analysis of the modeling output for the entire system (from the high -flow bypass through to Highway 599). This analysis will be summarized so that potential corrective recommendations can be developed. These recommendations may include alterations to the wetland, upgrades to culverts, and /or pipe, ditch, and creek maintenance schedules. One draft report will be submitted to the City electronically (MS Word or Adobe Acrobat for review and comment. Upon receipt of the City's comments, a final report will be provided to the City electronically (Adobe Acrobat) and via 4 hard copies bound in three -ring notebooks. The report is expected to be less than 20 pages long, with supporting appendices that include the survey base map and drainage profile from Task 1 and modeling output from Task 2. CH2M HILL is not responsible for any claims, damages, losses and costs arising out of or related to any unauthorized reuse, change or alteration of the said documents, drawings, specifications or other materials. Task 4. Project Management This task covers the basic project management duties related to project set -up and instructions, regular team communication, invoicing, change management, and project closure. Schedule Task 1 (field survey) has been scheduled for the week of July 26, 2010. Survey data should be available by early August. Task 2 (modeling) will begin immediately following surveying activities, and the model should be completed by late August. Task 3 (reporting) will begin in parallel with Tasks 1 and 2 for efficiency and should be completed by September 30, 2010, contingent on City review time of the draft report. EXHIBIT B: Fee Structure (Level of Effort) The budget for services described herein is $17,687, which will be invoiced monthly on a time and materials basis. Should additional effort be required, an Amendment will be pursued. Water PM Eng.I PER DIEM 165 155 Hours Task 1 0 0 Task 2 2 6 Task 3 18 20 Task 4 8 2 4,620 4,340 130 Water Eng. II Survey 1 Survey II 0 16 16 0 4,160 110 22 0 0 0 2,420 90 4 2 0 0 540 CAD/ GIS 95 0 2 4 0 570 Expenses include surveying equipment, health and safety charges, and mileage. Admin Editor Support Expense TOTAL 90 75 0 0 362 0 0 0 2 0 0 0 6 45 180 450 407 17,687