HomeMy WebLinkAbout16-064 - Akana - Andover Park East Water & Sewer Replacement Engineering Reviewt
of Tu ila
6200 Southcenter Boulevard, Tukwila WA 98188
16-064
Contract Number:
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
Council Approval N/A
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Akana, hereinafter referred to as "the Consultant", in consideration of
the mutual benefits, terrns, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform (I.Jonstructability
Review services in connection with the project titled "Tukwila Andover Park East Water and
Sewer".
2. Scope of Services. The Consultant agrees t:o perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of AgreementTi e for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending July 30,. 2016, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon 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 no later
than June 15, 2016 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 he made as provided on. Exhibit
"13" attached hereto, provided that the total amount of payment .to the Consultant shall not
exceed $5,865.00 without express written modification of the Agreement signed by the
City.
1.3„ The Consultant may submit vouchers to the City once per month during the progress of
the work or 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 ascertainrnent and 'verification by the Cityafter the completion of
the work under this Agreement and .its acceptance by the City,
.D. Payment as 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.
1E, The Consultant's records arid accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington fir a
period of .three (3) years after final payments. Copies shall be .rnade available upon
req LICST
5.[nership 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 Consulta.nes 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. 'File 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 rendered under this Agreement.
7. Indemnification. The Consultant shall defend., indemnify and hold the C.'„ity, 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 acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the Ci.ty.
Should a court of competent jurisdiction determine that this Agreement is subject. to RCW
4.24.:115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrentnegligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnificationprovided herein constitutes the Consultant's
waiver of immunity under Industrial insurance, Title 51. R.CW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
S. ...suranee, The Consultant shall procure and maintain fig the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise frorn.
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Con.sultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of' .the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit ,for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover 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,.
CA revised 1-2013
Page 2
2. Commercial General Liability insurance with limits no less than $1,000,000 each
OCCUITCII.CC, $2,000,000 general aggregate.. Commercial General Liability
insurance shall be written on IS() occurrence form CG 00 01 and shall cover
liability arising :frorn premises, operations, independent. contractors and personal
injury and advertising injury. The City shall he named as an insured :under the
Consultant's Commercial General Liability insurance policy with respect to the,
work performed for the City.
Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,t 0 per claim and
$1,000,000 policy aggregate limit. Profession.al Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision, The Consultant's Automobile Liability and Commercial
General Liability insurance policies arc to contain, or be endorsed to contain that they
shall he primary insurance with respect: to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by :the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
(1 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII,
Verification of Coverage. Consultant. shall furnish the City with original certificates and.
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant.
before commencement ofthe work. Certificates of coverage and endorsements as required.
by this section shall be delivered to the City within fifteen (1.5) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within Iwo business days of their receipt of su.ch notice.
Failure to Maintain Insur nee. Failure on the part of the Consultant to :maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
Ind endent Contractor. The Consultant and th.e City agree that the Consultant is an
independent cm-it:me-tor 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 prograrn, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee attic Consultant.
CA revised 1-2013
Page 3
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 contractwithout 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, religion, creed, color, national.
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presenceof any disability in the selection and retention of employees, or
procurement of m.atcrials or supplies,
1.2, 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,
4, Termination.
A. 'fh.e 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.
1. 5. .Applicable Law; Venue; Attorney's Fees. This Agreementshall be subject to, and the.
Consultant shall at all times comply. with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila, In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement:, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement:. shall he exclusively in King County Superior Court,
16. Sev abirt and Survival. If any term, condition or provision of this Agreementis declared
void or .unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of .this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1-2013
Page 4
17. Notices. Notices to the City of7lukwila shall be sent to the following address:
City Cl.erk
City of Tukwila
6200 Southcenter Boulevard
''.fukwila, WA 98188
Notices to Consultant shall be sent. to the following address:
Akana
Lincoln Executive Center
3800 1.46th Place SE, Suite 105
Bellevue, WA 98007
1.8. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreernent between the City and the Consultant and.
supersedes all prior negotiations, representations, or agreements written or oral, No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this day of
C..:17.1Y OF
2
CONSULTANT
By:
Bob Giberson., Public Works Director
Printed Name: Paul Mayers
Title:YieePresident
GA revised 1 2013
Page 5
of Tu ila
6200 Southcenter Boulevard, Tukwila WA 98188
Exhibit "A"
ScopeorServices
Contract Number:
Consultant shall provide a constructability review of the sixty (90) percent design package for the
Tukwila Andover Park East Water and Sewer project ("Project.") for the City of Tukwila, Washington,
Consultant shall provide comments on suitability of means and methods for the project and review
comments with the City of Tukwila, on a mutuallyagreed schedule within the Duration of Agreement
noted in Article 3 of the Contract.
Consultant shall serve in an advisory capacity, and will not be liable for Design decisions made by the
City of Tukwila or its Engineer ifl connection with the Project.
Additional Services
The services described under this task, and any other additional services requested by the [owner], will be
performed only when authorized by the [owneiT Authorization to perform additional services will be in the
form of an addendum to this agreement, specifying the work to be perfOrmed, and basis of payment.
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Exhibit "B"
Project Budget
Exhibit B backup
Akana
Proposal for Constructabilty review
Andover Park East Water and Sewer project
(City of Tukwila)
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100 90% Constructabillity review
Base Task Subtota
Labor / Base Task Grand Tota
010
Personal Vehicle
Other Direct Co
GRAND TOTAL.
Project
Principal
$198.00
Contract Number:
Project
fLanaqer
Faunce
$198.00
SR Chill
ENGR
$145.00
ABORISTI ATE
Adm n
Assl
Cor
Safety
Director
B Renfroe
$125.60
TOTAL
LABOR
LABOR
COST
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/ Travel Grand Total
Units Un t Price
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$0,575
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/MILE
$5,750.00
$5,750.00
$5, 750.00
$115 00
$0.00
$115.00
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