HomeMy WebLinkAbout12-034 - Tetra Tech - Tukwila Pond Alum Injection and Aeration System12 -034
Council Approval N/A
CONSULTANT AGREEMENT FOR
FINAL DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and Tetra Tech, Inc., hereinafter referred to as "the Consultant in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
1. Proiect DesiEnation. The Consultant is retained by the City to perform final design services
in connection with the project titled Tukwila Pond Alum Injection Aeration System.
2. Scone 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, 2012, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon 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 no later than December 31, 2012 unless an extension of such time is granted in
writing by the City.
4. Pavment. 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 $37,480 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.
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 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 Liabilitv 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
2
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 Liabilitv insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be 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 Liabilitv with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional 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 are to contain, or be endorsed to contain that they
shall be primary insurance as respect the City. Any Insurance, self insurance, or insurance
pool coverage maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. 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 of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. 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.
F. 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 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
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
3
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. Applicable Law: Venue: Attornev'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
4
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. Entire Agreement. This Agreement contains the entire agreement between the parties, and
no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or bind either of the parties. Either party may request changes to the
Agreement. Changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement.
17. 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 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.
18. 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:
Harry L. Gibbons, Ph.D.
Tetra Tech, Inc.
1420 Fifth Avenue, Suite 550
Seattle, WA 98101
17. 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 modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this (p day of 1 20 1 9,
CITY OF TUKWILA
Mayo Z�
CONSULTANT
By: i.
Printed Name: Harry L. Gibbons
5
Title: and WQ Services Lead
Attest /Authenticated: Approved as to Form:
City Clerk J Of ce of the City Attorney
Exhibit A.
Scope of Work
Final Plans and Specifications for Alum Injection System to Improve Water
Quality at Tukwila Pond
Background
The City of Tukwila is working on a plan for public access, wildlife habitat, and water quality
improvements to Tukwila Pond. The City is currently planning to install an alum- aeration injection
system in the pond as part of the lake water quality treatment plan to reduce phosphorus concentrations in
the pond. Tukwila Pond Park (on the west side of the pond) indicated problems with high phosphorus
levels, low dissolved oxygen, and high temperatures during the summer months in particular. Algal
blooms occur every year in late summer, and small fish kills have been observed in some years. The City
is contracting with Tetra Tech, Inc. (referred to as the Consultant) to finalize plans, specifications and
construction documents for the alum- aeration injection system.
Tasks
Design Status Review Review existing design and specifications that were drafted in 2009. This
internal review will focus on including any new technology or engineering advancements that
will result in improved efficiencies and/or cost savings in both capital and operation and
maintenance activities. Participate in a re- initiation meeting with the City's project PM and any
other engineering or City staff deemed appropriate by the City Engineer. The review intend of
this meeting is to ensure that Tt is aware of any potential changes that may have developed since
the last effort on this project.
2. Draft and Final Stamped Plans Original plan layouts and alignments did not include survey or
review of utility locations. The Consultant will develop final stamped plans based on site utility
location information derived from existing mapping and utility design drawings or as -built
drawings and a City furnished site utility location survey extending across a 200 -foot radius of
the proposed project vaults. This scope of work assumes that no major changes to the structure
location and alum and aeration line alignments will be performed as a result of existing utility
locations. Should it be found that the location of the structure or aeration line alignments needs to
be moved entirely to a new position or alignment due to utility or landscaping requirements, then
such revised design work would be considered extra work beyond the level of effort assumed for
this task.
Consultant will submit 90 percent complete and final DRAFT plans (PDF format) to the City for
review. Consultant will incorporate City review comments into the plans and submit to the City
five (5) printed sets of FINAL stamped plans (24" x 36 PDF files of full -size and half -size
plans, and electronic AutoCAD files.
Draft and Final Technical Specifications The Consultant will develop a set of Draft and Final
Technical Specifications (excluding Division 1) using CSI format to be provided to the City. The
City will provide to the Consultant an example City public works project (preferably utility vault
installation) contract using CSI specifications for reference. Preparation of the technical
specifications will include development of supplemental specifications, and technical special
provisions, as necessary. The Consultant will submit the draft technical specifications for review
by the City, who will provide written comments for incorporation into the Final Technical
Specifications. The City will assemble the final contract documents, including the Technical
Specifications with the City's boilerplate contract provisions and bid forms. The Consultant will
provide the Final Technical Specifications in Microsoft Word 2007 and PDF electronic versions)
upon review and approval by City.
4. Construction Contract Bid Support Tt will provide supplemental documents and services to aid
the City in Bid and Award of the Construction Contract. These items include the following:
a. Revised Engineer's Cost Estimate
b. Blank Bid Item and Quantity List
c. Bidder Qualifications Summary Development Review
d. City standard "Contract Provisions" Book that include bid cover, index, bid proposal,
standard provisions that are linked to CSI Technical Specs.
In addition, Tt will provide bid assistance including, but not limited to, if called upon by the City
to check references and provide bidder evaluation for responsibilities and track record on similar
activities.
Permit Technical Support The Consultant will provide 2 days (16 hours 8 hours engineer, 8
hours senior biologist) of time to support development of the permit application, and responses to
permit questions.
6. Optional Task Construction Management Support The Consultant will provide direct
support to the City during construction relative to addressing contractor questions related to
implementation of construction design and specifications or proposed change order review. This
effort will be at an on -call basis as requested by the City Engineer.
Deliverables
1. 90 percent design plans
2. Final draft plans
3. Final Stamped Plans
4. Draft Final Technical Specifications
5. Draft Final Engineer's Cost Estimate
6. Draft Final Bid Item and Quantity List
7. Draft Final Bidder Qualifications Summary
Schedule
The work will be carried out in April through August 2012.
1. Final Stamped Plans 90 Calendar Days (CDs) from NTP (assume City providing utility survey
w/ NTP)
2. Draft Technical Specifications, Engineer's Cost Estimate, Bid Item and Quantity List, Bidder
Qualifications Summary 120 CDs from NTP (assume City 14 CDs for City Plan Review and
Comment)
3. Draft Technical Specifications, Engineer's Cost Estimate, Bid Item and Quantity List, Bidder
Qualifications Summary 120 CDs from NTP (assume City 14 CDs for City Plan Review and
Comment)
Exhibit B
February 21, 2012
Table 1. Tukwila Pond Alum Injection Aeration System Final Plans, Specifications, Permitting
and Construction Contracting Technical Support Cost Estimate
Tukwila Pond Final Plans Specifications
SUMMARY I
Cost
Task 1 Design Status Review
$6,000
Task 2 Final Stamped Plans
$13,872
Task 3 DRAFT FINAL Technical Specifications
$14,280
Task 4 Contract Bid Support
$1,828
Task 5 Permit Support
$1,000
Task 6 Construction Management Support (optional task as on -call)
$0
Labor with OH:
$36,980
Other Direct Costs:
$500
Subtotal:
$37,480