HomeMy WebLinkAbout21-092 - Northwest Hydraulic Consultants - Design Services: Gilliam Creek Fish Barrier Removal Project�
of
City Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 21'092
Council Approval N/A
PROFESSIONAL SERVICES AGREEM ENT
(!ncludes consultants, architects, engineers, accountants, and otfler professional services)
THIS AGREEMENT is entered into between the City of Tukwi\a. VVouhinghon, hereinafter
referred to as "the City", and Northwest Hydraulic Consultants, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Proiect Designation. The Consultant is retained by the City to perform design services in
connection with the project titled Gilliam Creek Fish Barrier Removal Project.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hareto, including the provision of all |abmr, mnateria\n, equipment and supplies.
3. Duration of Agreement: Time for Performance. This Agreement shaH be in full force and
effect for a period commencing upon execution and ending June 30,2021. 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 30,2021 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 foltows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
^A" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $2'960.00 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 thmneof, 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 nandenmd, and for all mateha{s, oupp|ieo, 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 dmoumgnto, dnovvngs, 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 vvhioh they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
nnpies, of drawings and specifications for informetion, reference and use in connection with
the Consultant's endeavors. The Consultant shafl not be responsible for any use of the said
dnounnante, dravv|nga, specifications or other materials by the City on any project other than
the project specified in this Agreement.
O. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agpeament, faithfully observe and comply with all federa|, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall dafend, indemnify and hold the City, its offiuera,
officia|s, employees and volunteers harmless from any and all c|aima, 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 Agrearnent, 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 RCVV
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 {}ih/, its offioera, officia|o, ennp|oyees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligonce. It is further specificatly
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 ijuries to persons or damage to propertyxvh|ohnlayar|aefrom
or in connection with the performance of the work hereunder by the Conau\tant, its mgmnte,
representatives, or employees. Consultant's maintenartce of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such inaunanoe, or otherwise limit the City's recourse to any remedy available at
aw 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 oxvned, non'ovvned, 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 east as broad as ISO occurrence form (}G 00 01 and shall
cover tiability arising from premises,operotiona.etop-gap|ndependentnontnscbzra
and personal jury and advertising ijury. 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 least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
CA revised May 2020
Page 2
4. Professional Liability with limits noless than $2.[00.00per claim and $2000,000
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 {}ontrooto[, 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 oontmin, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any |nsunanoe, se|f-insunance, 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 Iess than A:VlI.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory mndorsemants, 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,
in this Agreement and evidence nfall 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 breaoh,
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 demond, 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 prognam, otherwise assuming the duties of an employer with respect to
the Consultant, or any emptoyee 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
Consu|tmnt, to solicit or secure this uontnaot, and that he has not paid or agreed to pay any
company or pmrson, other than a bonafide employee working solely for the Consultant, any
fee, commission, penoentage, 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|ity, 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.
CA revised May 2020
Page 3
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 atotuo, sex, sexual ohentmton, gender idondty, marital statua, political affiliation,
the presence of any disabi|ity, 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 federm|, state and local laws,
regulations, and ruleo, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitrotion, or other proceeding is
instituted to enforce any term of this Agnymnnmnt, the parties specifically understand and
agree that venue shall be properly laid in King Counhy, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of sult. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severabilitv 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 Agreemert, 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.
17. Notices. Notices to the City of Tukwila shalt be sent to the foliowing address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the fotlowing address:
NHC, Inc
Attn: Todd Bennett
12787 Gateway Drive S.
Seattle, WA 98168
18. Entire Agreement; Modification. This AQnumment, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negobmtionu, reproaentations, 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
CITY OF TUKVVILA
1
day of ,20
06/03/2021
Hari Ponnekanti, Public Works Director
CA revised May 2020
CONSULTANT
Printed Name: 105D0 i(
Title:
Page 5
Prepared for:
t LLIA, VI C
EVA LUA,
Mike Perfetti
EXHIBIT A
IEEK 1SH BA
]ON 0: WD
Company: CITY OF TUKWILA
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Bclkgirouuun
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Date:
5/17/2021
NHC Project #: 20006713
The City of Tukwila (City) has asked if Northwest Hydraulic Consultants (NHC) can help with evaluating
whether the Gilliam Creek concept designs, developed previously by NHC under contract to the City,
meet the fish passage standards per the Washington Department of Fish and Wildlife 2013 Water
Crossing Design Guidelines.
Scope, Cost Estim to nrSclhreluuulle
Using existing materials, NHC will evaluate the Gilliam Creek Option 1, to retrofit the existing culvert
with a side -hinge tide gate as detailed in the Gillam Creek Fish Barrier Removal Report (Northwest
Hydraulic Consultants, 2018), and determine whether this concept design would meet minimum fish
passage standards per the Washington Department of Fish and Wildlife 2013 Water Crossing Design
Guidelines. NHC will provide a summary of this evaluation in a brief memo to be emailed to the City.
The estimated cost to complete this work is $2,960 as detailed in the following table. Work will be
completed in the timeline required by the City.
2021.
Total Est. Hourly
Labor Category Hours Rate Cost
Junior Engin eer 8 $ 115.00 $ 920,00
Principal 8 $ 255100 $2,,040,00
Total estimated cost: $2,960.00
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Gilliam Creek Fish Barrier Removal Project No. 99830105
DESCRIPTION: Construct fish passage improvements at existing flap gate and restore salmonid habitat; replace flap gate
which may include a self-regulating tide gate or flood wall.
JUSTIFICATION: Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and
City; WRIA 9 salmon habitat project.
STATUS: Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage
and to address potential flooding.
MAINT. IMPACT: Likely a shift in maintenance commitments with potential elimination of flapgate maintenance.
COMMENT: In 2020, SRFB listed as Project of Concern, WRIA pulling funding from this cycle; BA Fish Barrier Board -
scored 63 of 94; outcomes yet to be determined; $100K allocated in CWM via WRIA 9.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Project Location
.-
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Design
60
936
536
405
ii
., N
1,937
Land (R/W)
r1
_
0
Monitoring
t
1 i
Vilyillrim
IUMMi
0
Const. Mgmt.
t
nth
47
7
752
400
1152
Construction
ug
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�iovield$`
aieos�
$
5,200
2,000
7,200
TOTAL EXPENSES
60
0
936
536
405
5,952
2,400
0
0
10,289
FUND SOURCES
Awarded Grant
0
Proposed Grant
708
350
258
4,760
1,000
7,076
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
60
0
228
186
147
1,192
1,400
0
0
3,213
TOTAL SOURCES
60
0
936
536
405
5,952
2400
0
0
10,289
2021 - 2026 Capital Improvement Program
85
Project Location
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41#
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Awn
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$
2021 - 2026 Capital Improvement Program
85