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HomeMy WebLinkAboutUtilities 2009-03-10 Item 3A - Agreement - Tukwila Pond Alum Injection and Aeration Design with Tetra Tech City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Public Works Directo~ March 3, 2009 DATE: SUBJECT: Tukwila Pond Alum Injection & Aeration Project Project No: 03-PK10 Consultant Agreement for Final Design Services ISSUE Approve the Consultant Agreement for Final Design Services with Tetra Tech, Inc. BACKGROUND The Tukwila Pond Concept Plan, approved by Council in 2006, called for improvements to water quality as well as wildlife habitat and public amenities. In 2007, Tetra Tech was approved under Contract No. 07-086 to perform lake management evaluation and preliminary design services. This contract resulted in the design of an alum injection and aeration system to remove phosphorus, increase oxygen content, and reduce algal blooms in the pond. Tetra Tech's existing contract has expired and cannot be supplemented; therefore, a new contract for final design services has been drafted. ANAL YSIS The new agreement will provide final plans, technical specifications, permits and bidding support for $27,998.00. City staff will apply for permits and package the documents for bidding. The proposed scope and fee for final design services is reasonable and within the budget of $181,000.00. The remaining budget will be used for park improvements. Construction is proposed for 2009 and the alum injection and aeration system will include installation of an underground storage tank, pumps and distribution lines. The system will release small doses of alum from May through October when the phosphorus levels are highest. RECOMMENDATION Approve the contract with Tetra Tech, Inc. in the amount of $27,998.00 for the Tukwila Pond Project and consider this item at the March 23, 2009 Committee of the Whole meeting and subsequent April 6, 2009 Regular meeting. Attachments: Vicinity Map Project Drawing Consultant Agreement P:\PROJECTS\A- PK ProjeclS\03PKlO Tukwila Pond\Info Memo Tuk\...ila Pond - Tetra Tech Final Design gl.doc TUKWILA POND Vicinity Map 809 ft CityGIS Copyright @2006 All Rights Reserved. The information contained herein is the prop-ietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. Il iiniiui l oi NAIL I I. 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IACCT AND A011 ALU CONIIUC1011 MUST 00111110 11101 PUMP WITS ALL OUAL CONINOL STANDARD l} S POR ALUM AND MUST 10 NC CITY p' TUNAILA ALL PUMP io01N1400nMloll NEVI:W AND ACCEPTANCE PRIOR >k' 1",9 ALL PIPING /11AING INSTALLED IN POND FOR ALUM AND A01.110A1 0U.11119U8UN MUST Di 011111:11 HEAVYSET 1011100 TUNING 011 TIE DU ul- DLNa1Y 00111,110. (1100000 'WING )11:11111111 PATH INGINE1.I1 APIRIOVIA WEIGHTING NTNICM, 00'0000: 4J ALUM 100001011 011110 MI] 001180ON SYSTEM DII'I USI:100 .S— '—ALUM k AIII LINOS (1'011 ALUM INJECTORS) --AERATION SYSTEM LINES STAGING ARCAO 000000 ROUTE CONSULTANT AGREEMENT FOR FINAL DESIGN SERVICES THIS AGREElVIENT is entered into between the City of Tubvila, Washington, herein-after referred to as "the City", and Tetra Tech, 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 final design services in connection with the project titled Tubvila Pond Alum Iniection & Aeration System. 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 $27,998 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 ofthe 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. 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 proj ect 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 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 perform- ance 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 per occurrence and annual aggregate. 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. 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 they have 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 they have 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 ofthis 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 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: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Harry Gibbons, Ph.D. Tetra Tech 1420 Fifth Avenue, Suite 550 Seattle, W A 98101 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 day of ,2009 CITY OF TUKWILA CONSULTANT By: Jim Haggerton, Mayor Printed Name: Harry Gibbons Title: Enviromnental Services Lead, Tetra Tech, Inc. Attest! Authenticated: Approved as to Form: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney Exhibit A. Scope of Work February 20, 2009 Final Plans and Specifications for Alum Injection System to Improve 'Vater Quality at Tukwila Pond Background The City of Tukwila is working on a plan for public access, wildlife habitat, and water quality improvements to Tukwila Pond. The City is currently planning to install an alum-aeration injection system in the pond as part of the lake water quality treatment plan to reduce phosphorus concentrations in the pond. Tukwila Pond Park (on the west side of the pond) indicated problems with high phosphorus levels, low dissolved oxygen, and high temperatures during the summer months in particular. Algal blooms occur every year in late summer and small fish kills have been observed in some years. The City is contracting with Tetra Tech, Inc. (referred to as the Consultant) to finalize plans, specifications and construction documents for the alum-aeration injection system. Tasks 1. Final Stamped Plans - Original plan layouts and alignments did not include surveyor review of utility locations. The Consultant will develop final stamped plans based on the site utility surveys to be provided by the City of Tukwila. It is assumed that no major changes to the structure location and alum and aeration line alignments will be performed due to utility location surveys. If the location of the structure or alignments needs to be moved entirely to a new position or alignment due to utility or landscaping requirements, then this work would be in addition to the level of effort assumed for this task to develop [mal plans. 5 sets of FINAL stamped plans (24" x 36") will be provided to the City. 2. Draft and Final Specifications - The Consultant will develop a set of Draft and Final Specifications using CSI format to be provided to the City ofTukwila. The City will provide an example public works project (preferably utility vault installation) contract with CSI specifications for reference to the consultant. Development of the specifications will include development of supplemental specifications, and technical special provisions, as necessary. The consultant will submit (1 MS Word 2003 and 1 PDF electronic copies) the Draft Specifications for review by the City, who will provide written comments for inclusion into the Final Specifications. The Consultant will provide (1 MS Word 2003 and 1 PDF electronic copies) of Final Specifications upon review and correction. 3. Construction Contract Bid Support - The Consultant will provide supplemental documents and services to aid the City in Bid and Award of the Construction Contract. These items include the following: a. Revised Engineer's Cost Estimate b. Blank Bid Item and Quantity List c. Bidder Qualifications Summary Development & Review 4. Permit Technical Support - The Consultant will provide 1 days (4 hours - 2 hours engineer, 1 hour senior biologist, 1 hour project engineer) of time to support development of the permit application, and responses to permit questions. 5. Construction Management Support (Optional ON-Call) - The Consultant may provide on-call support to the City during construction relative to addressing contractors questions related to implementation of construction design and specifications or proposed change order review. Deliverables 1. Final Stamped Plans - 5 sets of24" x 36" full plan sheets. 2. Draft & Final Specifications - MS Word 2003 3. Draft & Final Engineer's Cost Estimate 4. Draft & Final Bid Item and Quantity List 5. Draft & Final Bidder Qualifications Summary Schedule The work will be carried out in April through July 2009. 1. Final Stamped Plans - 30 Calendar Days (CDs) from NTP (assume City providing utility survey wi NTP) 2. Draft Specifications, Engineer's Cost Estimate, Bid Item and Quantity List, Bidder Qualifications Summary - 60 CDs from NTP (assume City 14CDs for City Plan Review and Comment) 3. Draft Specifications, Engineer's Cost Estimate, Bid Item and Quantity List, Bidder Qualifications Summary - 60 CDs from NTP (assume City 14CDs for City Plan Review and Comment) .. , Exhibit B February 20, 2009 Table 1. Tukwila Pond Alum Injection & Aeration System Final Plans, Specifications, Permitting and Construction Contracting Technical Support Cost Estimate Tuk,yila Pond - Final Plans & Specifications SUMMARY Cost Task I - Final Stamped Plans $3,872 Task 2 - DRAFT & FINAL Specifications $20,456 Task 3 - Contract Bid Support $1,828 Task 4 - Permit Support $1,000 Task 5 - Construction Management Support (optional task as on-call) $0 Labor with OR: $27,150 Other Direct Costs: $842 Subtotal: $27,998