HomeMy WebLinkAbout26-145 - Contract - Gray & Osborne, Inc. - Design Services: Future Sewer Lift Station 13City of Tukwila Contract Number: 26-145
Council Approval N/A
• 6200 Southcenter Boulevard, Tukwila WA 98188
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 Gray & Osborne, Inc., 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 design services in
connection with the project titled Future Lift Station 13.
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 31 December 2028, 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 31 December 2028 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 $96,400 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:
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
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.
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 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.
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.
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 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.
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 be sent to the following address:
Gray & Osborne, Inc.
1130 Rainier Ave S #300
Seattle, WA 98144
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 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.
CA revised May 2020 Page 4
DATED this 1St
CITY OF TUKWILA
E
a5 �'�igned by:
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Thomas McLeod, Mayor
day of June , 2026.
ATTEST/AUTH E NTI CATE D:
Signed by:
IE
Jennifer Marshall, Acting City Clerk
APPROVED AS TO FORM:
Signed by:
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E�f99CA4115b �i ...
Office of the City Attorney
CONSULTANT:
Printed Name: Brian L. Sourwine. P.E.
Title: Principal
CA revised May 2020 Page 5
EXHIBIT A
SCOPE OF WORK
CITY OF TUKWILA
FUTURE LIFT STATION 13 — PHASE 1 PREDESIGN
INTRODUCTION
The City of Tukwila (City) would like to construct a new station to divert flows from an
existing gravity line that is located underneath I-405, so that the gravity main can be
abandoned. The new lift station (Future Lift Station 13) is proposed to be located at
approximately 65m Avenue South and Southcenter Boulevard, with the force main
anticipated to be installed in the Green River Trail and the force main discharge located
in the vicinity of Interurban Avenue South and Fort Dent Way. For Phase 1 of the
project, Gray & Osborne has been tasked to prepare a Predesign Report to identify the
design criteria for the station, including design flow, recommendations for a preferred
pump or pumps as a basis for the design of the replacement lift station, a preferred site
layout, and preferred station features. We will also prepare a 30 Percent Design
Submittal of the selected alternatives. Phase 2 will complete the design and assist the
City with the advertisement and bid of the project. Phase 3 will include assisting the City
with the construction of the project. Phases 2 and 3 will be scoped and authorized at a
later date.
PROPOSED SCOPE OF WORK
The following elements are included in the Scope of Work for Phase 1
Task 1 — Project Management
Project management services will include coordination with all of the project team and
City staff, and administrative services, such as processing invoices.
Task 2 — Survey
This Task will include performing survey of the site and proposed force main alignment.
We will also develop a base map and calculate right-of-way and property/easement lines.
This Task assumes that the City will call in and provide utility locates for surveyed areas.
If additional locates are needed, we will resurvey during Phase 2 of the project.
Task 3 — Predesign
We will prepare a Predesign Memorandum to analyze and document the following design
decisions.
A. Select and describe the pump station type. Options for station type will
include wet pit/dry pit and submersible.
B. Document existing and projected future flows. It is our understanding that
the City is nearing completion of its Sewer Comprehensive Plan, and that
upstream flows will be provided.
G&o #PR264.08 Page I of 3
C. Document the equired pumping capacity and head conditions.
D. Discuss force main alternatives. This includes routing options, sizing
recommendations, and material selection. The City also discussed the
possibility of reusing an existing pipe located in the trail. This option will
be reviewed.
E. Review pump selection alternatives and recommend a preferred pump
model.
F. Analyze the required wet well sizing and operating range.
G. Size the proposed standby generator.
H. Document City requested design features.
I. Review site layout alternatives and document the selected alternative. Site
layout analyses will include potential layout constraints, including existing
property boundaries, Critical Areas issues, geotechnical constraints, and
other permitting constraints.
J. Review options for odor -control facilities.
K. Identify options for sustainability. Some options include high -efficiency
pumps and solar panels.
L. Provide site renderings for public outreach. The City has indicated that it
would prefer the majority of the facilities to be located below grade, with
screening provided for above -grade facilities. We will prepare renderings
of the preferred alternative for use at public meetings.
M. Identify the required City Permits for each proposed design layout.
N. Provide a Preliminary Cost Estimate of the selected alternative.
Task 4 — 30 Percent Design Drawings
Once the selected alternative is made, we will prepare design drawings to a 30 Percent
Design level. Design for the project will include the following elements.
A. Development of a site base map based on existing site survey.
B. Proposed Site Plan.
C. Shoring Plan.
D. Mechanical Plan — Mechanical sections will be included in later
submittals.
G&o #PR264.08 Page 2 of 3
E. Architectural sections and Preliminary Structural Plans. It is assumed that
the City plans to incorporate a building for the electrical and at a
minimum, a roof structure to cover the generator.
F. Site Demolition Plan.
G. Erosion Control Plan.
H. Restoration Plans.
Task 5 — Meetings
It is anticipated that there will be one design review meeting with staff for Phase 1. We
are budgeting for one virtual meeting. Other meetings are anticipated to be included in
the Phase 2 Scope of Work.
Task 6 — Quality Assurance/Quality Control
Gray & Osborne will conduct one internal review for the Predesign, 30 Percent Plans,
and Cost Estimate. At these reviews, Gray & Osborne senior staff will review the
Contract Documents for constructability, cost control, risk to the City, and consistency.
PROJECT DELIVERABLES
We will provide the following deliverables for this phase of the project.
Draft Predesign Report.
2. Final Predesign Report.
3. 30 Percent Design Plans.
4. Project Cost Estimate.
Proposed Site Plan renderings.
PROJECT SCHEDULE
Phase 1 will be complete by July 31, 2026. The City has indicated a desire to bid the
project in December 2026 or January 2027. Scoping of Phase 2 will begin as soon as the
Predesign is complete, and will be submitted to the City during the 30 Percent Design
portion of this Scope of Work, in order to keep the project on schedule.
PROJECT BUDGET
The attached Exhibit B provides a detailed breakdown of the hours and rates for the
Phase 1 effort.
G&o #PR264.08 Page 3 of 3
EXHIBIT B
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
CITY OF TUKWILA - FUTURE LIFT STATION 13 - PHASE 1 PREDESIGN
Tasks
Principal -In-
Charge
Hours
Project
Manager
Hours
Project
Engineer
Hours
Civil
Engineer
Hours
Electrical
Engineer
Hours
AutoCAD/
GIS Technician/
Engineer Intern
Hours
Professional
Land
Surveyor
Hours
Field Survey
Crew
Member
Hours
1 Project Management
16
2 Survey
2
16
30
80
3 Predesign
16
40
80
4
40
4 30 Percent Design Drawings
16
40
40
24
80
5 Meetings
2
2
2
6 Quality Assurance/Quality Control
8
4
4
4
Hour Estimate:
j 8
56
j 86
126
28
j 136
30
j 80
Fully Burdened Billing Rate Range:*
$170 to $270
$170 to $270
$150 to $210
$140 to $190
$120 to $245
$70 to $190
$140 to $220
$80 to $160
Estimated Fully Burdened Billing Rate:*
$260
$255
$190
$160
$220
$145
$210
$140
Fully Burdened Labor Cost:
$2,080
$14,280
$16,340
$20,160
$6,160
$19,720
$6,300
$11,200
Total Fully Burdened Labor Cost: $ 96,240
Direct Non -Salary Cost:
Mileage & Expenses (Mileage (0 current IRS rate) $ 160
TOTAL ESTIMATED COST: $ 96,400
* 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.
c&o#PR264.o8 Page 1 of 1
EXHIBIT "C"
GRAY & OSBORNE, INC.
PROFESSIONAL ENGINEERING SERVICES CONTRACT
FULLY BURDENED BILLING RATES*
THROUGH JUNE 30,2026**
Employee Classification
Fully
Burdened Billing
Rates
AutoCAD/GIS Technician/Engineering Intern
$ 70.00
to
$190.00
Electrical Engineer
$120.00
to
$245.00
Structural Engineer
$120.00
to
$245.00
Environmental Technician/Specialist
$100.00
to
$190.00
Engineer -In -Training
$110.00
to
$180.00
Civil Engineer
$140.00
to
$190.00
Project Engineer
$150.00
to
$210.00
Project Manager
$160.00
to
$270.00
Principal -in -Charge
$170.00
to
$270.00
Field Inspector
$120.00
to
$200.00
Field Survey Member
$80.00
to
$160.00
Professional Land Surveyor
$140.00
to
$220.00
Secretary/Word Processor***
N/A
* Fully Burdened Billing Rates include overhead and profit.
** Updated annually, together with the overhead.
All actual out-of-pocket expenses incurred directly on the project are added to the billing. The billing is
based on direct out-of-pocket expenses; meals, lodging, laboratory testing and transportation. The
transportation rate is $0.70 per mile or the current maximum IRS rate without receipt IRS Section 162(a).
*** Administration expenses include secretarial and clerical work; GIS, CADD, and computer equipment;
owned survey equipment and tools (stakes, hubs, lath, etc. — Note: mileage billed separately at rate
noted); miscellaneous administration tasks; facsimiles; telephone; postage; and printing costs, which are
less than $150.
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