HomeMy WebLinkAbout20-089 - TranTech Engineering, LLC - Engineering Support Services: Bridge Emergency Vehicles Load Rating UpdatesCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
20-089
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and TranTech Engineering, LLC, 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 Engineering Support
services in connection with the project titled Bridge Emergency Vehicles (EV) Load Rating
Updates.
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 Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2020, 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 December 31, 2020 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 $9,913.00 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 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.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington 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 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 rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, 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 City.
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 concurrent negligence 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 indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, 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.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
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 Consultant 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.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
CA revised May 2020
Page 2
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for
the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Contractor, irrespective of whether such limits maintained by the
Contractor are greater than those required by this Contract or whether any certificate of
insurance furnished to the Public Entity evidences limits of liability lower than those
maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. 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 Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. 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.
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.
CA revised May 2020
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 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. Contractor, 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,
the presence of any disability, or any other protected class status under state or federal law,
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. Applicable Law; Venue; Attorney's Fees. This Agreement shall 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 be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is 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 May 2020
Page 4
17. 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 he sent to the following address:
TranTech Engineering, LLC
365 —118Ave. SE, Suite 100
Bellevue, WA 98005
Entire Agreement; Modification. 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. No
amendment or modi-fication of tins Agreement shall be of any 'fbree or effect unless it is in
writing and signed by the parties.
DATED this I dav c
•
CITY OF -fijK \\ILA
444te; 674-ewekadtee:
164 vt,ti
CA revised : 1-2013
CONSU ,TANT
By:
<CA -77V
Printed Name: Grant D. Griffin
20
Title: Principal Engineer
Page 5
SCOPE OF WORK
T&KANT|CCHEngimeering
Bridge EV Load Rating Updates
Exhibit A
City of Tukwila, WA
PROJECT DESC:RIPTION
The City of Tukwila (CITY) has requested an engineering services Task Assignment from
TranTech Engineering, LLC (TRANTbC0)to provide Emergency Vehicle (EV) Load Rating
updates .for three CITY owned bridge as detailed below.
TASK 1 — EV LOAD RATING UPDATES
Three CITY owned bridges will have an EV Load Rating updates prepared under Task 1.
The following is the bridge inventory identification information for the subject bridges:
Structure Name Structure Number Structure ID
LOIS T NEWTON TD&xNx03 08544400
S BAR/AIRPORT WAY TU&xY4s11 08001800
S BAR/BNRR TUKxNx12 08002500
The services in this task include utilization otthe existing load rating, as -built plans, and
inventory inspection data to perform Load Factor Ratings (LER) per current WSDOT and
F0W/\ guidelines. The rating activities will include ratings for EV's as required by the FBWA`s
Memorandum on Emergency Vehicles (EV) per FHWA Memorandum dated November 3, 2016.
A Quality Assurance I'rogram is an integral part ofeach load rating. It includes the following:
• Competent and experienced personnel will perform all calculations.
• The Ioad rating will be thoroughly reviewed and checked hy experienced personnel prior
to submittal.
�
Any rating factor less than 1 .0 will receive additional scrutiny to ensure load restrictions
are avoided if possible.
Deliverables
A signed hard copy of the load rating report for the subject bridge will be suhmitted to the CITY
and the electronic bridge record in the Washington State Bridge Inventory will be updated to
reflect the updated rating.
The Load Rating Report will consist of:
A Bridge Rating Summary Sheet listing the rating factors for each vehicle
checked along with controlling points in the superstructure. The surnmary
sheet shall be stamped and signed by a professional engineer licensed in the
State of Washington.
A brief report of any potential anomalies in the ratings and an explanation of
the cause ofany rating factor less than 10, including site specific proposed
load posting that will cause the least disruption to the traveling public.
& hard copy o[computer output fi|eaused for rating, and any other
calculations or speciat analysis required.
& comp|ete set o[plans for the bridge iDhey exist.
A [[) which contains the final versions o[all input and output files, and other
calculations created in performing the load rating.
All reports shall be bound in Accopress-type binders.
Should load posting be found to be necessary, TranTech will work with the
Cli'Y to identify a posting method that will niinirnize inconvenience to the
traveling public.
�
TranTech will work .from the as -built plans and the most current inspection report to
provide the most accurate condition for the load rating calculations. Field visits will be
performed with the approval o[the CITY if questions cannot be resolved through
consultation with ('ITY Bridge Inspectors or other CIIY personnel.
°
Existing load rating analysis will be reviewed and utilized to the fullest extent possible.
�
Some existing load rating analysis may be of little or no use for the update process, in
which case a complete re -rating will he required.
• It is assumed that no substructure load rating will be performed. Should it be determined
that this additional evaluation is necessary due to deterioration of the substructure
elernents, the CITY will be contacted for approval ofthe additional work.
Exhibit B
City of Tukwila Bridge Load Rating Updates for Emergency Vehicles
Task 1 - Cost Computations
Senior Project Senior Staff 0
Struc Eng. Manager Struc. Engr. Struc. Engr. 2 Em
QA/QC
Lois T Newton (3 span prestressed concrete girders, crossbeam) 2 2 2 6
S BAR Over Airport Way (5 span reinforced concrete girder, crossbeam, new DL from retrofit) 2 2 4 8
S BAR Over BNRR (5 span reinforced concrete & steel girders, crossbeams, new widening & rehab) 2 2 8 24
Total Staff Hours
Direct Rates (DR)
Total Direct Salary Cost (DSC)
OH at 148.87% of DSC
Fee at 30% of DSC
Total Labor Cost
Direct Costs
Reproduction, FedEx, Per Diem
Total Task
6 6 14 38
$65.00 $62.50 $65.00 $40.00 $z
$390.00 $375.00 $910.00 $1,520.00 $1