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HomeMy WebLinkAbout04-082 - Sargent Engineers - Boeing Access Road Bridge Replacement (Over BNSF and Union Pacific Railroads)m-ou, CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and Sargent Engineers, 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 prepare a type, size, and location study for the replacement of the Boeing Access Bridge over the Burlington Northern Santa Fe and Union Pacific Railroads. 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 90 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 seventy-four thousand two hundred fifty-two dollars ($74,252) 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. /off' 02 OR1G0 aOCT 2 8 2004 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 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. 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 2 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 recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 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: Sargent Engineers, Inc. 320 Ronlee Lane NW Olympia, WA 98502 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 /4 - day of (0, 20 0,/. CITY OF TUKWILA CONSULTANT teven M. Mullet, Mayor Attest/Authenticated: . Cantu, CMC, City Clerk By: 7 % ,i Printed Name: Monte Smith Title: Principal Approved as to Form: Office of the City Attorney 4 EXHIBIT A SCOPE OF SERVICES The Boeing Access Bridge is going to be replaced in the near future. The present bridge is 337 feet long and 67 feet curb to curb. It currently carries six lanes of traffic and has one sidewalk on the bridge. The bridge carries approximately 36,000 vehicles per day. In order to start the planning process for the replacement of the bridge, the City of Tukwila wants to perform a type, size, and location study for the bridge. Boeing Access Road Bridge Type, Size, and Location Study The type, size, and location study for the Boeing Access Road Bridge will explore the possible bridge types and construction sequences for the replacement of the Boeing Access Road Bridge. The goal is to replace the bridge with minimal impact to traffic. The study will focus on the present location for the bridge and will not look at other corridors for the bridge. In order to prepare the report for the study, the following work will be performed: Land Survey The City of Tukwila will provide a base map from Interurban Avenue to Interstate 5 showing the following: • Location of property boundaries along with identification of adjoining property owners. • Present lane configurations on Interurban Avenue, Boeing Access Road, and Airport Way. • Utility locations • Topographic contours of the site. • Present profile of Boeing Access Road • Location and profiles for the railroad tracks below the bridge. Traffic Study The City will provide current traffic counts on Interurban Avenue, Airport Way, and Boeing Access Road. It will also provide its current traffic model for the City. The consultant will forecast the future traffic demands on Boeing Access Road assuming that build out can occur on the adjacent Boeing Access Road Bridge over Airport Way. The future demands will include peak hour traffic that will need to be accommodated by the new bridge. This will be used to size the number of lanes on the bridge. In addition to looking at future traffic demands, the present traffic will be studied for construction of the new bridge. Different construction scenarios will be developed for the construction of the different bridge options. With each scenario, traffic plans will be developed to show how the traffic will be handled during construction. Sound Transit Coordination Sound Transit is planning on a track and station near the bridge. The consultant will contact Sound Transit to determine what their plans are near the Boeing Access Bridge. The proposed schedule on the construction of the line near the Boeing Access Bridge will affect potential construction sequences. This will be factored into the alternative bridge types selected. 5 Railroad Coordination The consultant will coordinate with the railroad to detennine the future plans of the railroad at this location. The consultant will also determine the requirements from the railroad during construction and determine where piers can be placed. At this location there are two railroads to work with, the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad. Community Involvement There will no community involvement at this stage. Geotechnical Study A reconnaissance level geotechnical study will be performed for the area. The study will examine geology maps and any available information from the existing plans for the bridge. Geotechnical explorations will not be made in the area. Recommendations will be made on the feasibility of spread footings, shafts, or piling. The reconnaissance study will be summarized in a letter report. Bridge Alternative Study Alternative bridge types and span arrangements will be selected for study. This will include alternative ways of constructing each bridge type. Both steel and concrete bridges will be explored. Costs will be developed for each construction scenario. A preliminary plan will be developed for each potential bridge type. Type, Size, and Location Report The study will be summarized in a report to the City. The report will be made in the format as suggested in the WSDOT Bridge Design Manual. 6 EXHIBIT B PAYMENT The cost estimate for preparing the type, size, and location study for the Boeing Access Road Bridge is: Sargent Engineers' employees will be billed at the following rates: 7 Principal Senior Engineer Senior Project Engineer Project Engineer Design Engineer Drafter II Clerical Task Cost Rate: $128.00 $105.00 $88.00 $79.00 $66.00 $65.00 $43.00 Initial Meeting 3 $384 Land Survey 2 $256 Traffic Study 24 $3,072 Sound Transit Coordination 16 $2,048 Railroad Coordination 24 $3,072 Geotechnical Study 2 $256 Bridge Alternatives 120 $15,360 Bridge Preliminary Plans 20 120 $10,360 Bridge Costs 20 $2,560 Report Preparation 40 $5,120 Report Meeting 4 $512 Report Revisions 24 24 $4,632 Total Direct Salary Cost 299 0 0 0 0 144 0 $47,632 Direct Costs Traffic Consultant - Gray and Osborne $20,973.00 Geotechnical Consultant - PanGeo $3,000.00 Mileage $250.00 Markup $2,397.30 Total Direct Costs $26,620 Total $74,252 Sargent Engineers' employees will be billed at the following rates: 7 Principals Monte Smith Jon Dietrich Senior Engineers Willis Whitney Charles Mayhan Senior Project Engineers Project Engineers Craig Boone Erik Martin Design Engineers Erik Martin Aubrey Argeris Andrew Packard Jessica Schadt Drafter II James Welsh Kirk Ketter Business Manager Janice Smith Clerical Delores Rash Direct Overhead Profit Salary (164% of (30% of (DS) DS) DS) Total Rate $43.27 $70.96 $12.98 $127.21 $38.75 $63.55 $11.63 $113.93 $35.50 $58.22 $10.65 $104.37 $35.50 $58.22 $10.65 $104.37 $29.75 $48.79 $8.93 $87.47 $26.75 $43.87 $8.03 $78.65 $25.75 $42.23 $7.73 $75.71 $25.00 $41.00 $7.50 $73.50 $22.50 $36.90 $6.75 $66.15 $21.25 $34.85 $6.38 $62.48 $19.25 $31.57 $5.78 $56.60 $22.00 $36.08 $6.60 $64.68 $22.00 $36.08 $6.60 $64.68 $31.00 $50.84 $9.30 $91.14 $14.50 $23.78 $4.35 $42.63 Rates good for calendar year 2004. Rates will increase by 5% to 10% in calendar year 2005. Overhead 1.64 Profit 0.3 8