HomeMy WebLinkAbout20-106 - Gray & Osborne, Inc - Application Assistance: Macadam Road S Water Upgrade20-106
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City TukwilaCouncil Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Gray & Osborne, Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefitm, tennm, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform grant application
services in connection with the project titled Macadam Rd S Water Upgrade.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all |obor, nneterim|e, 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 November 30, 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 foliows:
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 $3.800.00 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 thenaof, 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 perfornmed,
services nandered, and for all rnateria|s, supp|ies, 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 form
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All docunnents, drawin0a, 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 oopiee, including reproducible
oopies, of drawings and specifications for infVrnna1ion, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
doounnento, dravvings, specifications or other materials by the City on any project other than
the prject specified in this Agreement.
6. Compliance with Laws. The Consultant sho||, in performing the services contemplated by
this Agreennent, faithfully observe and comply with all federo|, state, and local |oxva,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
offinia|s, employees and volunteers harmless from any and all c|oinno, 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 bythe sole negligence ofthe 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 RCVV, 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 ofthis Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against ciaims for injuriesries to persons or damage to propwhich may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
rapnesentaUveo, 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 ineuranom, 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 Iimits 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 ovvned, non-oxvnad, 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 naceamary, the policy
shall be endorsed to provide contractual Iiability 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 shali be at ieast as broad as ISO occurrenceform CG 0001 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
policy with respect to the work performed for the City using an additional insured
endorsement at ieast as broad as ISa endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industriai Insurance laws of
CA revised May 2020
Page 2
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 ContrachJr, irrespective of whether such limits maintained by the
Contractor are greater than those required 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 contmin, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any |naunance, se|f-insuronoe, 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:VI|.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsennents, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance maquirernents of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish certified copies of all required insurance po|iciee, 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 bneaoh,
immediately terminate the contract or, at its disoredion, procure or renew such insurance
and pay any and all premiums in connection tharexvith, 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.
B. 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 prograrn, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Continqent Fees. The Consultant warrants that he has not employed or
retained any company or peroon, other than a bonafide employee working solely for the
Conmu|1ant, to solicit or secure this contract, and that he has not paidoragreed to pay any
company or pernon, other than a bonafide employee working solely for the Conau|1ont, any
fee, comnnnission, percertege, 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 |iobi|itx, or in its discretion
to deduct from the contract price or considerg1ion, or otherwise necover, the full amount of
such fee, cunnrnieaion, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
11. Discrimination Prohibited' Contractor, with regard to the work performed by it under this
Aoreennerd, will not discriminate on the grounds of race, religion, oreed, co|or, national origin,
age, veteran mtmtum, sex, sexual orientadon, gender idmndtv, marital atatus, political affiliation,
the presence of any disab|itv, or any other protected class status under state or federal |ow,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assignany 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 nnennber, 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 Gity, 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 xxith, all applicable federa|, state and local |avva,
regu|oUons, and ru|eo, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, mrbitroUon, or other proceeding is
instituted to enforce any term of this /\oraennent, 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 barnn, condition or provision of this Agreement is declared
void or unenforceable or Iimited 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 oonnp|ation, expiration or cancellation of this Agreement, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the foltowing address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Gray & Osborne, Inc.
1130 Rainier Ave S #300
Seattle, VVAS8144
18. 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 negotiadone, repreoentodons, 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.
CA revised May 2020
Page 4
DATED this 1511A- day of OcAVaer , 20 Ti .
CITY OF TUKWILA
Hari Ponnekanti, P.E., Public Works Director
CA revised May 2020
CONSULTANT
By:
Printed Name:
Title: ca1—
Page 5
EXHIBIT A
SCOPE OF WORK
CITY OF TUKWILA
MACADAM WATER MAIN 2020 FEMA BRIC APPLICATION ASSISTANCE
The City of Tukwila has received approval from the Washington State Department of
Emergency Management to submit a FEMA BRIC application for the MacAdam Road
Water Main Extension Project. The City would like assistance with completing this
application. Gray & Osborne proposes to provide the following services to assist the City
with completing this project.
Task 1 — Review Background Materials
Review background materials including project purpose, description, and preapplication
materials.
Task 2 — Prepare Draft Application
Prepare draft application materials for the project including application forms, benefit -
cost analysis, and supplemental materials and exhibits. Provide to the City for review.
Task 3 — Prepare Final Permit Application
Prepare final application materials for the project incorporating any City review
comments.
Assumptions
1. The City will supply background information on both projects.
2. The City will sign all required forms and certifications.
Deliverables
• Draft Applications — Electronic copy
• Final Applications — Electronic copy
Anticipated Schedule
The anticipated schedule is as follows:
Submit Draft Application to the City November 7, 2020
Submit Final Application to the City November 14, 2020
G&O #PR206.41 Page 1 of 1
G&O #PR206.4 1
EXHIBIT B
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Tukwila - MacAdam Water Main 2020 FEMA BRICApplication Assistance
Tasks
Principal
Hours
Environmenta
1 Technician
Hours
Engineer -In -
Training
Hours
AutoCAD
Hours
1 Review Background Materials
1
1
1
2 Prepare Draft Application
1
12
12
2
3 Prepare Final Application
1
1
1
Hour Estimate:
3
14
14
2
Fully Burdened Billing Rate Range:*
$138 to $205
$110 to $167
$85 to $135
$50 to $134
Estimated Fully Burdened Billing Rate:*
$180
$120
$100
$90
Fully Burdened Labor Cost:
$540
$1,680
$1,400
$180
Total Fully Burdened Labor Cost:
Direct Non -Salary Cost:
Mileage & Expenses (Mileage @ current IRS rate)
TOTAL ESTIMATED COST:
$ 3,800
$ 3,800
* Actual labor cost will be based on each employee's actual rate. Estimated rates are for determining total
estimated cost only. Fully burdened billing rates include direct salary cost, overhead, and profit.
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