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HomeMy WebLinkAboutUtilities 2012-06-26 COMPLETE AGENDA PACKETCity of Tukwila Distribution: G. Labanara D. Robertson S. Kerslake Utilities Committee J. Duffie K. Kruller Clerk File Copy V. Seal 2 Extra Dennis Robertson, Chair Da Clineaggerton A. Le (e -mail pot. pdf) e -mail cover to: Joe Duffie K. Matej C. O'Flaherty, D. Kate Kruller B. Giberson F. Iriarte Almberg, B. Saxton, R. Tischmak S. Norris, M. Hart, S. Kirby, D. Robertson AGENDA TUESDAY, JUNE 26 2012 Time: 5:00 PM Place: Conference Room #1 Item I Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a) Howard Hanson Dam Flood Response a) Forward to 7/9/12 C.O.W. Pg. 1 Cooperative Agreement with King County and 7/16/12 Regular b) Howard Hanson Dam Flood Response b) Forward to 7/9/12 C.O.W. Pg. 11 Bid Award Removal of Temporary Flood and 7/16/12 Regular Control Measures c) Howard Hanson Dam Flood Response c) Forward to 7/9/12 C.O.W. Pg. 13 Construction Management Selection and 7/16/12 Regular Agreement d) 2012 Annual Small Drainage Program d) Forward to 7/2/12 Regular Pg. 23 Bid Award Consent Agenda e) GIS Inventory —Area 8 e) Forward to 7/2/12 Regular Pg. 28 Consultant Selection Agreement Consent Agenda 3. ANNOUNCEMENTS 4. MISCELLANEOUS Future Agendas: Next Scheduled Meeting: Tuesday, July 10, 2012 S The City of Tukwila strives to accommodate individuals with disabilities Please contact the Public Works Department at 206 433 -0179 for assistance. x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton UTILITIES COMMITTEE FROM: Bob Giberson, Public Works Director BY: Ryan Larson, Senior Engineer DATE: June 22, 2012 SUBJECT: Howard Hanson Dam Flood Response/Tukwila Levee Repairs Maintenance Project No. 10901301 Cooperative Agreement for Completion of Emergency Flood Protection Measures Project ISSUE Approve an agreement with the King County Flood Control Zone District (Flood District) to provide funding for removal of the temporary emergency flood protection measures. BACKGROUND The City of Tukwila, King County, Kent, and Auburn installed temporary flood protection measures in 2009 in response to the damage sustained and subsequent reduced flood protection from the Howard Hanson Dam. These temporary measures included Supersacks placed along the Tukwila 205 Levee and Hesco barriers placed along the West Valley Highway. The Army Corps of Engineers (Corps) has notified the affected jurisdictions that all repairs have been completed to the Howard Hanson Dam and that the dam is operating at full protection level. The cities of Tukwila, Kent, and Auburn requested funding to remove the temporary emergency flood protection measures through the Flood District and they have agreed to pay 75% of the costs up to $1,611,152.00 for Tukwila's portion. The funding includes necessary property restoration to the levee trail, private property, and public rights -of -way. ANALYSIS The City Attorney's Office has worked with the King County Prosecutors Office to develop an agreement that sets forth the terms and conditions for reimbursement. These funding conditions include proper coordination with the Flood District on contract approval, construction notifications, inspections, receiving all required permits, returning any required materials to the Corps, properly disposing of waste materials, restoring all disturbed areas, and contract closeout. RECOMMENDATION The Council is being asked to approve a Cooperative Agreement for Completion of Emergency Flood Protection Measures with King County Flood Control Zone District and consider this item at the July 9, 2012 Committee of the Whole meeting and subsequent July 16, 2012 Regular Meeting. Attachment: Cooperative Agreement for Completion of Emergency Flood Protection Measures Project WAPW Eng\PROJECTMA- DR Projects\Tukwila Levee Repair and Maintenance (10901301) \Design \Info Memo KCFCZD ILA sb.docx COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT THIS COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT "Agreement is entered into on the last date signed below by and between the Parties, the CITY OF TUKWILA, a Washington municipal corporation "City and KING COUNTY, a political subdivision of the State of Washington "County (collectively referred to herein sometimes as the "Parties with reference to the following facts: RECITALS A. This Agreement is a contract setting the terms and conditions by which the City will complete the temporary emergency flood protection measures project, initially authorized by that certain Agreement for Flood Protection Services by and between the City and the County, dated October 15, 2009, as amended "Initial Contract by removing the temporary flood protection barriers along the Green River and restoring and repairing the levees to their previous condition, and by which the County will reimburse the City for such work up to a specified amount and grant to the City rights of access and license as required for the City to complete the work. B. In 2009, the United States Army Corps of Engineers "Corps announced that the Howard Hanson Dam, over which the Corps has jurisdiction and operational responsibilities, had a diminished capacity due to identified side wall seepage, and that the dam may have had to release waters in the coming months into the Green River that could cause flooding in the City. The Corps also purchased materials for flood protection purposes that it made available to the County, the City and other local jurisdictions, so long as the materials were used in accordance with the recommendations provided by the Corps, and were returned to the Corps once the threat posed by the diminished capacity of the Howard Hanson Dam had been addressed. COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 1 of 9 2 C. Following the announcement by the Corps, the King County Executive issued an emergency proclamation declaring that the threat of releases of additional waters from the Howard Hanson Dam constituted an emergency, waived county procurement requirements for contracts related to the county's response to the emergency, and postponed County permitting procedures for public works. D. The Mayor and City Council of the City of Tukwila also issued an emergency proclamation that declared that the state of emergency conditions declared by the County were approved, confirmed and adopted by the City Council, and that provided that during the existence of the emergency, the Mayor of the City was authorized to implement administrative procedures deemed necessary to prepare for, respond to, stabilize and control the emergency, consistent with state law and local regulations. E. The King County Flood Control Zone District, a quasi municipal corporation and taxing district under the constitution of the State of Washington, whose purpose is to sponsor and implement flood control and protection measures "District by resolution authorized $1,285,760.00 in funding to assist the City in undertaking temporary emergency flood protection measures and authorized the County, as Service Provider to the District, to enter into a contract with the City to provide this funding for the City to implement identified emergency flood protection measures. F. The City and the County on October 15, 2009, executed the Initial Contract, which authorized the City to undertake temporary emergency flood protection measures, consistent with Corps specifications, on County and District property, and the County to pay the City up to $1,285,760.00 as reimbursement for costs incurred by the City in undertaking such emergency measures. The Initial Contract also provided that upon a determination by the Corps that the Howard Hanson Dam had been restored to its design capacity, the City was to be responsible for removal of the flood protection materials, and restoration of the levees to their previous condition. The City was to pay the costs for such removal and restoration unless the County determined that funds were available to pay for some or all of such costs. G. On September 16, 2011, the Corps announced that significant repairs had been completed to the Howard Hanson Dam and that the capacity of the Dam had been restored to its pre- damaged state. H. On May 14, 2012, the Board of Supervisors of the District, through adoption of FCD Resolution No. FCD2012 -02, identified up to $2,148,202.00 of funds to be used by the City for actual costs incurred in removing materials COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 2 of 9 3 previously installed by the City on the Green River levees and in restoring and repairing the levees, provided that 75% of such funds come from the District, and 25% of such amount ($537,050.00) be contributed directly by the City, with 1% per annum to be charged to the City on the unpaid balance. I. The County, as the Service Provider to the District under the terms of that certain Interlocal Agreement Between King County and the King County Flood Control Zone District Regarding Flood Protection Services, as amended, and pursuant to FCD Resolution No. FCD2012 -02, is authorized to enter into this Agreement to utilize funds from the District and to agree to the terms under which the Work, as hereinafter defined, is to be completed. J. The City and the County wish to set forth the terms and conditions under which the County will reimburse the City for actual costs incurred in completing the temporary emergency flood protection measures initiated in 2009 by removing the flood barrier materials from the levees and restoring and repairing the levees to their previous condition, up to the amount of $1,611,152.00, with 25% of the $2,148,202.00 amount identified by the District, or $537,050.00, being paid from loans from the District Opportunity Fund or from funds paid directly by the City, and under which the City will undertake and complete such removal, restoration and repair measures. NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein, the Parties agree as follows: AGREEMENT 1. All recitals are hereby ratified as part of this Agreement. 2. The City shall complete the work "Work which is hereby defined to include: a. Removal of all temporary emergency flood protection material that was added to the Green River levee system by or on behalf of the City pursuant to the Initial Contract. The City shall provide notice to the County at least 10 days before such removal is to begin, and the County shall have the right to have personnel present during such removal for the purposes of monitoring the activities associated with the removal. b. Provision of notice to the Corps of the removal of such materials and coordination with the Corps on the return to the Corps of any materials COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 3 of 9 4 and containers originally provided by the Corps that the Corps determines should be returned. The Corps shall have full discretion in terms of what materials it wishes to have returned, and those that it does not. If the Corps determines that specified materials originally provided by the Corps should not be returned, then the City in its discretion may keep such materials or dispose of them as provided in 2.c. below. c. Disposal of all materials determined to be waste, after consultation with the Corps. Such disposal, management and transport shall be in accordance with all applicable local, state, and federal directives, laws, and regulations. d. Restoration and repair of all areas where temporary emergency flood protection materials were placed, or were impacted by such placement, to the condition previous to the placement of the materials. The City shall provide notice of and coordinate such restoration activities with the County agencies having custodial responsibilities for such areas. The restoration and repair shall be deemed complete when the County issues its notice of Final Acceptance, as described in No. 15 below. 3. Any contracts that the City intends to enter into for performance of the Work shall be provided to the County at least ten (10) days prior to the intended date of execution. The County shall have the right to provide comments on such contracts and shall provide those comments to the City no later than five (5) working days after the date the documents are provided to the County, which the City shall take into account in good faith before executing the contract. Such contracts shall be in compliance with all state and federal laws and regulations governing the procurement of services as applicable to a local government. 4. Any change orders to the contracts entered into by the City for the performance of the Work that exceeds $100,000 shall be provided to the County, at least five (5) days prior to the intended date of execution, for County review and comment within three (3) days, which comments the City shall take into account in good faith before executing the change order. If the City determines that such change order process will negatively affect construction timing, it may proceed with the change order, but only after consulting with the appointed County representative. 5. The City agrees to maintain documentation of all Work performed sufficient to meet state and if applicable, federal, audit standards for the implementation of a capital project. The City agrees to maintain additional documentation that is reasonably requested by the County in order for the County COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 4 of 9 5 to accurately track expenditures and use of funds. City contract and internal documents will be made available to the County for review and /or independent audit upon request. 6. Subject to the provisions of No. 7 below, the County will reimburse the City for the actual costs incurred for the performance of the Work within sixty (60) days of submittal of the invoices to the County, up to an amount not to exceed $1,611,152.00.00, unless the Parties agree to extend that time to resolve disputes. Of the $2,148,202.00 amount of total costs identified by the District, the City is required to provide a 25% match, or $537,050.00, which may be paid from funds loaned to it by the District out of the District's Opportunity Fund, at a 1% per annum interest charge until paid in full, or be paid directly from funds held by the City. For payment of any given invoice, the County shall pay 75% of the invoice amount with funds from the District and 25% with loan funds from the District's Opportunity Fund, if such loans are requested by the City, or if no loan is requested, the City shall pay its 25% share of the invoiced amount. Any costs in excess of $2,148,202.00 required to accomplish the Work shall be paid by the City. 7. Until the County issues its Notice of Final Acceptance, as described in No. 15 below, the County may in its discretion retain 10% of the total costs of the Work. Upon issuance of the Notice of Final Acceptance, the County shall pay the retained amount to the City. 8. The County, to the extent that its property interests and those of the District allow, hereby grants the City the right of access to the levees and license and permission for special use to perform the Work upon the levees, including those levees that are outside the City Limits and are identified in Exhibit A, attached hereto and incorporated herein by this reference (such levees, both within and outside the City limits are collectively referred to herein as the "Levees The County waives any applicable bond requirements. 9. The City shall be responsible for complying with all applicable laws, and obtaining all required permits in connection with the Work. 10. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability by the City, the County and /or the District, granted under state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as otherwise granted or provided for by law. COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 5 of 9 I 11. The City acknowledges and agrees that it will not allow any lien or encumbrance to be placed upon the real property interests and any other interests held by King County and /or the District in connection with the Work. If any lien or encumbrance is so placed, King County and /or the District shall have the right to remove such lien and charge back the costs of such removal to the City. 12. The City authorizes, but does not require, the County, its employees, contractors, agents and volunteers to visually inspect and monitor the condition and performance of the Work at all times during the duration of this agreement at the County's sole expense. 13. The City, its officers, employees, agents, contractors, invitees and volunteers acknowledge that the County and the District have made no representations as to the current condition of the Levees. The City agrees to hold harmless and indemnify the County and /or District for any negligent act or omission of the City, its officers, employees, agents, contractors, invitees and volunteers, to the extent not within any immunity conferred by law on the County and /or the District arising out of the Work performed on the Levees pursuant to this Agreement Such indemnification shall extend to any claims, including all demands, suits and judgments, for damages arising out of injury to persons or damage to property, where such injury or damage is caused by, arises out of the City's negligence. The City shall by contract terms require its contractors to pass through indemnification to the District and County to the extent of their respective property interests. The Parties recognize that the Work is intended to restore the Levees to the condition that previously existed before damage occurred to the Howard Hanson Dam. With the Dam restored to its previous functioning capacity, there still remains no guarantee that flooding will not occur. In the event that flooding does occur, the City, County and the District shall continue to enjoy the immunity for flood prevention measures conferred by law, and it is the intention of the Parties that the City, as contractor to the County, shall likewise be included within such immunity to the extent allowed by law, and to the extent not covered by the City's own immunity or its reasonable exercise of its police powers. Nothing in this No. 13 shall be construed to eliminate, reduce, or otherwise abrogate any immunity conferred on the City, County and /or District in connection with acts or omissions arising out of the Work. The indemnification provided for in this No. 13 shall survive termination of this Agreement. COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 6 of 9 7 14. This Agreement shall remain in force and effect until the Work is completed and the County has issued a Notice of Final Acceptance, as defined and described in No. 15 below. 15. The City shall complete that portion of the Work described in Nos. 2.a., 2.b., and 2.c. by November 1, 2012 or within one hundred eighty (180) days of the execution of contracts entered into under this Agreement, whichever is later. The City shall complete all Work described in Nos. 2.a., 2.b., 2.c., and 2.d. by July 1, 2013. When the City determines that it has completed all elements of the Work, it shall provide written notice to County. Within 30 days of receipt of this notice, the County shall inspect the completed Work and notify the City of any deficiencies. The City will have 30 days to cure such deficiencies. Upon completion of the deficiencies to the satisfaction of the County, the County shall issue a notice of final acceptance "Notice of Final Acceptance to the City. In the event that the Parties do not agree regarding the existence of or cure of any deficiencies identified by the County, the dispute resolution provisions in No. 18 shall apply. 16. Solely for the purpose of enforcing the indemnification provision in Section 13 above, each Party expressly waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 of the Revised Code of Washington; provided that, such waiver shall not preclude any indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying party by any of its employees. 17. Each Party recognizes that the other is self- insured and accepts such coverage for liability arising under this Agreement. Should any Party choose not to self- insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 18. The Parties will seek to resolve any disputes under the Agreement as follows: a. For disputes involving cost reimbursements, submittal of all relevant information to an independent Certified Public Accountant and /or a Construction Claims Consultant, if agreed upon by the Parties, for a non binding opinion as to the responsibility. COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 7 of 9 N b. For disputes not involving cost reimbursements, these disputes shall be referred for informal resolution to the Public Works Director of the City, or the Director's designee, and the Director of the Water and Land Resources Division of the County, or the Director's designee. C. If the foregoing processes in 18.a. and 18.b. do not result in resolution, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County, Washington. d. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this Section 18. 19. This Agreement represents a full recitation of the rights and responsibilities of the parties and may be modified only in writing and upon the consent of both Parties. 20. The rights and licenses contained in this Agreement shall inure to the benefit of and are binding upon the Parties, and their respective successors in interest and assigns. 21. All communications regarding this Agreement shall be sent to the parties at the addresses listed below unless a party gives notice of a change of address. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the address state below or such other addresses as may be hereinafter specified in writing. If to City: Bob Giberson, Director Public Works Department City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 If to District and /or County: Christie True, Director King County DNRP 201 South Jackson St, Ste. 700 Seattle, WA 98104 -3855 COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 8 of 9 N 22. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITY OF TUKWILA By: DATE: Jim Haggerton Its: Mayor APPROVED AS TO FORM: KING COUNTY By: DATE: Its: Director of the Department APPROVED AS TO FORM: By: By: City Attorney Deputy Prosecuting Attorney for King County City of Tukwila ATTEST: By: City Clerk for City of Tukwila COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 9 of 9 10 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton UTILITIES COMMITTEE FROM: Bob Giberson, Public Works Director 426 BY: Ryan Larson, Senior Engineer DATE: June 22, 2012 SUBJECT: Howard Hanson Dam Flood Resoonse/Tukwila Levee Repairs Maintenance Project No. 10901301 BID AWARD Removal of Temporary Flood Control Measures ISSUE Award the bid for construction of the Tukwila Levee Repair Maintenance project. BACKGROUND The City of Tukwila, King County, Kent, and Auburn installed temporary flood protection measures in 2009 in response to the damage sustained and subsequent reduced flood protection from the Howard Hanson Dam. These temporary measures included placement of Supersacks along the Tukwila 205 Levee and Hesco barriers along West Valley Highway. The Army Corps of Engineers (Corps) has notified the affected jurisdictions that all repairs have been completed to the Howard Hanson Dam and that the dam is operating at full protection level. Staff worked. with a consultant, the Corps, and the King County Flood Control Zone District (Flood District) to develop plans for removal of the temporary flood measures. In addition, the cities of Tukwila, Kent, and Auburn requested funding for this removal through the Flood District and they have agreed to pay 75% of the cost to remove temporary flood protection up to $1,611,152.00 for Tukwila's portion. The funding includes necessary property restoration to the levee trail, private property, and public rights -of -way. ANALYSIS The project was advertised for bids on May 22 and 29, 2012. Six bids were received and opened on June 12, 2012. The bids were checked, corrected, and tabulated. Goodfellow Bros., Inc. is the apparent low bidder with a bid of $1,642,228.99. The engineer's estimate was $1,997,872.40. Goodfellow Bros. successfully completed the installation of the temporary flood protection measures in 2009. BUDGET AND BID SUMMARY (All amounts include sales tax.) The Council is being asked to award the removal of temporary flood control measures for the Tukwila Levee Repair and Maintenance project to Goodfellows Bros., Inc. in the amount of $1,642,228.99 and consider this item at the July 9, 2012 Committee of the Whole meeting and subsequent July 16, 2012 Regular Meeting. Attachments: Bid Tabulations WIPW Eng \PROJECTS\A- DR Projects \Tukwila Levee Repair and Maintenance (10901301) \Design \Info Memo Bid Award B -22 -12 sb.docx 11 Bid Results Estimate Budget Bid Amount $1,642,228.99 $1,997,872.40 Levee Repair Budget (pg. 77) $1,600,000.00 Flood District (ILA) 75% of $1.8m 1,416,422.51 Contingency (15 246.334.35 299.680.86 0.00 Total $1.888.563.35 $2.297.553.26 $.3.016.422.51_ RECOMMENDATION The Council is being asked to award the removal of temporary flood control measures for the Tukwila Levee Repair and Maintenance project to Goodfellows Bros., Inc. in the amount of $1,642,228.99 and consider this item at the July 9, 2012 Committee of the Whole meeting and subsequent July 16, 2012 Regular Meeting. Attachments: Bid Tabulations WIPW Eng \PROJECTS\A- DR Projects \Tukwila Levee Repair and Maintenance (10901301) \Design \Info Memo Bid Award B -22 -12 sb.docx 11 tukwila levee repair and maintenance howard hanson dam flood response bid tabulation kpg CitY of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM SUBJECT: Howard Hanson Dam Flood ReSDonsefrukwila Levee Repairs and Maintenanc.. Project No. 10901301 Construction Management Consultant Selection and Agreement ISSUE Approve consultant agreement with Kennedy /Jenks Consultants for construction management (CM) services. Construction management services for the removal of flood protection features were originally included as part of a combined design /construction management contract. The design portion was completed, construction bids have been received, and bid award is currently moving forward. The City has exercised its right to terminate that consultant contract due to construction management concerns. As a result, CM services are needed to assist our in -house construction manager with inspection and construction engineering for removal of the temporary flood control measures. The construction project bid opening was on June 12, 2012 and is scheduled to be awarded along with this contract. Construction is anticipated to begin in late July. City project staff reviewed the Municipal Research and Services Center (MRSC) Consultant Roster and short listed three firms capable of performing the desired CM services. Kennedy /Jenks Consultants was selected to perform the work for the Tukwila Levee Repair and Maintenance project. Kennedy /Jenks Consultants offers services that include CM, construction inspection, storm water management, environmental engineering and science, water resources, wastewater treatment, civil engineering, geology and hydrology. A cost has been negotiated with Kennedy /Jenks Consultants for $184,927.93, which is reasonable for the size and scope of this project. The CM budget is $200,000.00 (see page 77, 2012 CIP) with 75 %f, reimbursed through the King County Flood Control District. An in -house CM project manager has been assigned to work with the proposed consultant's inspectors and project manager to successfully complete the removal of the temporary flood control measures. The Council is being asked to approve the construction management consultant agreement with Kennedy /Jenks Consultants in the amount of $184,927.93 for the removal of the temporary flood control measures for the Tukwila Levee Repair and Maintenance project and consider this item at the July 2, 2012 Regular Consent Agenda. Attachment: Consultant Agreement W 1PW EngTROJECTSIA OR ProjectsAkun a Levee Repair and Maintenance (10901301YConstucborcCM Consultant Soechontlnfo Memo for CM Kennedy Jenks 6 -22 -12 gWocx 13 CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Kennedy /Jenks Consultants, 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 Construction Management services in connection with the project titled Tukwila Levee Repair and Maintenance Howard Hanson Dam Flood Response. 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. Time for Performance. Work under this contract shall commence upon the 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 within 300 calendar days from the date written notice is given to proceed, 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 One Hundred Eighty -Four Thousand Nine Hundred Twenty -Seven Dollars and Ninety -Three Cents ($184,927.93) 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. 14 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 indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregrate. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 15 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 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 they have 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 they have 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. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to 3 16 recover its costs, including reasonable attorney's fees, incurred in such suit from the losing Pte'• 16. 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: Jeffery W. Faunce, PE Kennedy /Jenks Consultants 11912 nd Avenue, Suite 630 Seattle, WA 98101 17. Integrated Agreement. 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. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this CITY OF TUKWILA Jim Haggerton, Mayor Attest /Authenticated: day of Christy O'Flaherty, CMC, City Clerk 2012. CONSULTANT By: Printed Name: Title: Approved as to Form: Office of the City Attorney n 17 EXHIBIT A SCOPE OF SERVICES City of Tukwila Tukwila Levee Repair and Maintenance project Construction Services This work will provide construction engineering services for the construction contract to complete the Tukwila Levee Repair and Maintenance project These services will include project management, inspection, and contract administration required during the construction of the project, as detailed below: I. INTRODUCTION The Consultant will perform the following scope of construction services on the the Tukwila Levee Repair and Maintenance Project. The scope of services and associated cost of services (Exhibit B) are based upon the assumptions outlined below. Assumptions: The accompanying budget for the services detailed below is based on the services of one Part time Construction manager (CM) during a 120 calendar day or an approximate 4 month construction contract. An increase or decrease in the number of working days affects the time the CM will be required to work on the project. An estimated 1 full time and 1 part -time inspector will also be required during the 120 calendar days to correspond with the simultaneous multi -crew construction approach anticipated by the contractor. It is anticipated that multiple work areas will be encountered at times during the project and will be required to be completed at the same time for work to be completed within the 120 Calender day limit. The contract administrator (CA) will be a part -time position. She will make trips to the field office on a weekly basis to attend meetings and occasional other trips for required coordination between the various participants. It is anticipated that there will be an estimated 125,000.00 in Force account (FA) on the project which will require approximately 40 FA sheets to be processed. Mileage: The following numbers reflect travel requirements for field staff and other project staff. For CM and CA and full -time inspectors, assume 110 trips 60 miles round trip (includes anticipated on -site daily mileage). For part -time inspection, assume 85 trips at 60 miles round trip (includes anticipated on -site daily mileage). The contract administrator is estimated to make 65 trips, averaging 60 miles per round trip. A job site trailer will not be provided. We will be allowed reasonable resources to perform work at the City of Tukwila including copying minor items, printing daily required items to keep the project on track and reasonable other resources needed to complete the project reasonably. II. DETAILED SCOPE OF WORK Task 1 Project Management. Provide overall Construction Management, coordination with KPG, the City, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures, prepare invoice and submit project progress letter to the city. (Note: See also Tasks 3 and 4, which include activities that may otherwise be considered project management tasks.) City of Tukwila Scope of Work Page 1 of 3 18 Task 2 Preconstruction Services 2.1 Preconstruction Conference. The Consultant shall prepare an agenda for, distribute notices of the conference, and will conduct a preconstruction conference in the City's offices. The Consultant's project manager, lead inspector and contract administrator will attend the preconstruction conference. The contract administrator will prepare a written record of the meeting. The consultant shall also distribute copies of the minutes to all attendees, affected agencies and others as appropriate. 2.2 Provide one set of preconstruction photographs to the City. Task 3 Construction Services Field 3.1 Provide the services of one full time inspector and supplemental assistants, as needed, on the project site who will observe the technical conduct of the construction, including providing day to day contact with the Contractor and the city. By providing such assistance, the Consultant shall assume no responsibility for proper construction techniques and job site safety. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the [owner] a greater degree of confidence that the completed work will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor(s). The Consultant's personnel shall act in accordance with Section 1 -05.1 and 1 -05.2 of the current WSDOT Standard Specifications (or your state reference). The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor(s), but cannot guarantee the Contractors' performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor(s) and any subcontractors. 3.2 When on site prepare daily construction reports, utilizing report forms approved by the City, detailing the contractors operations performed for each day the Consultant is on site; measure the quantities of materials installed, log equipment used, workers on site and other items. 3.3 Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor, including response to related questions from adjacent property owners and the general public. 3.4 Prepare field records and documents to help assure the project is administered in accordance with funding requirements. 3.5 Provide periodic photographs during the course of construction. Photographs to be labeled with date taken and subject matter. 3.6 Coordinate with the contractor provided surveying. 3.7 Punch list. Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punch list' of items to be completed. This will be issued with the Certificate of Substantial Completion, which will be issued by the Consultant. Task 4 Construction Services Field Office 4.1 Day to day construction management: liaison with City on a regular basis to discus project issues and status. 4.2 Plan interpretations. Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. (Note: Consultation with KPG) will be facilitated by CM with inclusion of the City for evaluation of design deviations that may affect performance.) City of Tukwila Scope of Work Page 2 of 3 19 4.3 Weekly meetings. Lead weekly meetings, including preparing meeting minutes and distributing copies of minutes to attendees. Outstanding issues to be tracked on a weekly basis. Contractor to provide a 3 -week look ahead schedule of upcoming work at each meeting. 4.4 Record drawings. Review record drawings prepared by the Contractor. 4.5 Monthly Pay Requests. Consolidate and Prepare monthly requests for payment, review with the City and contractor and approve, as permitted. Utilize City of Tukwila provided format for pay estimates. Task 5 Submittal Processing 5.1 Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other data submitted by the Contractor for compliance with the information required by the contract documents. (Submittals to be transmitted to the Designer KPG for their review.) 5.2 Forward copies of submittals to the City for their information and review. 5.3 Log and track submittals. Provide updates of log to the City on a periodic basis. Task 6 Change Orders 6.1 Change orders. Develop change orders and provide technical assistance to negotiate the change orders. (Note: Change orders that may affect facility performance will be transmitted to the Designer for review and concurrence.) Task 7 Additional Services The services described under this task, and any other additional services requested by the city, will be performed only when authorized by the city. Authorization to perform additional services will be in the form of an addendum to this agreement, specifying the work to be performed, and basis of payment. 7.1 Prepare additional copies of approved drawings, specifications, and other contract documents, either for bidding purposes, or as requested by the City, Contractor, Agencies, or others. 7.2 At the conclusion of the bidding process, prepare a conformed set of drawings and specifications incorporating all addendum's' and distribute. 7.3 Provide assistance to the City if rebidding is necessary. 7.4 Provide record drawings on media other than described previously, including electronic or scanned images of the record drawings. Also, providing additional sets beyond what is specified above. General Notes It is further understood and agreed that because Consultant did not prepare the Contract Documents for the project, Client waives all claims against Consultant arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless from any damage, liability or cost, including reasonable attorneys' fees and defense costs, arising from any errors or omissions contained in the plans, specifications or other Contract Documents prepared by others, except for the negligence or willful misconduct of the Consultant. City of Tukwila Scope of Work Page 3 of 3 20 tukwila levee repair and maintenance report phase 1 construction services 22 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Estimate 2012 Budget UTILITIES COMMITTEE $646,953.09 FROM: Bob Giberson, Public Works Director 4 A By: Ryan Larson, Senior Engineer $675,000.00 DATE: June 22, 2012 SUBJECT: 2012 Annual Small Drainage Program 97.042.96 108.654.15 Project No. 91041201 Total $743.996.05 BID AWARD $950.000.00 ISSUE Award the bid for construction of the 2012 Annual Small Drainage Program. BACKGROUND The Small Drainage Program constructs drainage projects throughout the City that are too large for City staff to complete, but are smaller than a typical capital improvement project. The projects originate from citizen complaints and from maintenance staff and are compiled on the Small Drainage Project List. Each year the projects are prioritized based on need, expense, permitting requirements, and length of time on the list. The highest priority projects are then designed and constructed. The 2012 Annual Small Drainage Program will provide drainage improvements at eight locations listed on page 2 of this memo. Project #2 includes lining a pipe within private property as part of the Private Storm System Adoption Program. Project #5 is for flood protection work at Fort Dent Park and funding will be reimbursed through the King County Flood Control District Opportunity Fund. ANALYSIS The 2012 Annual Small Drainage Program was advertised for bids on June 5 and 12, 2012. Four bids were received and opened on June 19, 2012. The bids were checked, corrected, and tabulated. Green River Construction, Inc. is the apparent low bidder with a bid of $646,953.09. The engineer's estimate was $724,361.00. Green River Construction successfully constructed the 2009 and 2011 Small Drainage Projects. BUDGET AND BID SUMMARY (All amounts include sales tax.) RECOMMENDATION The Council is being asked to award the construction of the 2012 Annual Small Drainage Program to Green River Construction, Inc. in the amount of $646,953.09 and consider this item at the July 2, 2012 Regular Consent Agenda. WVW Eng\PROJECTSW DR Projecls\2012 SDP (91241201) \Design \Info Memo Bid Award 2012 sb.doc 23 Bid Results Estimate 2012 Budget Bid Amount $646,953.09 $724,361.00 SDP (2012) Budget (pg. 138) $675,000.00 Private Storm Budget (pg. 139) 275,000.00 Contingency (15 97.042.96 108.654.15 0.00 Total $743.996.05 $833.015-t5 $950.000.00 RECOMMENDATION The Council is being asked to award the construction of the 2012 Annual Small Drainage Program to Green River Construction, Inc. in the amount of $646,953.09 and consider this item at the July 2, 2012 Regular Consent Agenda. WVW Eng\PROJECTSW DR Projecls\2012 SDP (91241201) \Design \Info Memo Bid Award 2012 sb.doc 23 INFORMATIONAL MEMO Page 2 The 2012 Annual Small Drainaoe Prooram includes: Site 1) Gilliam Creek, Southcenter Blvd Crossing Modify inlet structure and provide pipe liner rehabilitation of existing pipe crossing of Southcenter Blvd. Site 2) *S 128 St 37 Ave S Pipe Repairs Provide replacement and /or pipe liner rehabilitation on 6 pipe reaches in the vicinity of S 128 St intersection with 37 Ave S. Site 3) Tukwila Parkway Outfall Provide realignment and replacement of the outfall pipe that discharges north of the recent TUC Access (Klickitat) project. Site 4) Ryan Hill Pipe Repairs Provide manhole and pipe replacement and /or liner rehabilitation on 3 pipe reaches in the vicinity of S 109 St intersection with 47 Ave S. Site 5) *Fort Dent Outfall Improvements Install a new manhole in levee with a flap gate on the 15- inch outfall pipe to provide backup flood protection and line outfall pipe. Site 6) S107 th St Drainage Extension Extend drainage from S 107 St to Beacon Ave S and eliminate ditch on the south side of S 107 St. Site 7) 52 53 Ave S Drainage Extension Extend a 12" storm drain from the existing 53 Ave S to a ponding area on the north end of 52 "d Ave S via S 142 St. Site 8) S114 th St Drainage Crossings Provide drainage crossings at 3 existing catch basin locations to stop roadway runoff from entering private property. Private Storm System Adoption Rehabilitation Program Project for pipe along S. 128 St. Funding will be provided through the opportunity funds from the King County Flood Control District Attachments: Project Location Map Bid Tabulations WVW EngTROJECTSIA- DR Projects12012 SDP (91241201)IDestgngnfo Mena Bid Award 2012 sb.doe 24 Q Site 2 Site 5 N t Scale S 160th St S' r. Site 3 si 1 v Sena w m181� s v a a e Ar e 1 panao 11 S IROth 6 0 N T tltl Rlvtl t. LL f s_oom sr -1 a s,,_ 2012 Annual Neighborhood Drainage Program Revised 4 ua ha is a Tukvrlla AM:k Date: 20 25 2012 small drainage program bid tabulation kpg x This page is intentionally left blank. City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director By: Greg Villanueva, NPDES Coordinator DATE: June 22, 2012 SUBJECT: GIS Inventory Area 8 Project No. 90241201 Consultant Recommendation and Agreement ISSUE Approve a consultant agreement with Perteet Engineering, Inc. to complete GIS Inventory Area 8. BACKGROUND The City is performing a multi phased inventory that will map all city -owned storm facilities and survey monuments throughout the City. To date, the City completed the Northern Quadrant and Areas 2, 3, 4, 5, 6, and 7. This contract is for Area 8 and will map the following areas within public rights -of -way and easements: 1. Southcenter Pkwy /Frager Rd, from S 180 St to S 200 St 2. Allentown Foster Point neighborhoods 3. Southcenter Blvd from Tukwila International Blvd to 1 -5 southbound off -ramp 4. Southcenter Pkwy from 900' north of the 1 -5 off -ramp to 700' south of Strander Blvd 5. S 200 204 Sts, from Orillia Rd to the Green River 6. Orillia Road S, from S 188 St to S 204 St ANALYSIS The current consultant roster was reviewed and Perteet Engineering was selected as the firm that best met the requirements for this type of project. Perteet conducted the first seven areas of the GIS Inventory and is extremely familiar with the City's GIS system and will easily integrate all new data to the data base compiled to date. A scope of the work was based upon the characteristics of Area 8 in addition to what was developed and learned during the previous phases. BUDGET SUMMARY This project will be funded through the 412 Surface Water Fund. Cost Budget (20121 Perteet Engineering, Inc. —Area 8 $150,000.00 $150,000.00 RECOMMENDATION The Council is being asked to approve the consultant agreement with Perteet Engineering, Inc. in the amount of $150,000.00 for GIS Inventory Area 8 and consider this item at the July 2, 2012 Regular Consent Agenda. Attachment: Consultant Agreement WAPW Eng\PROJECTSW- DR Projects \GIS Area B (02 -DR01) \Info Memo Perteet Area B 6 -22 -12 gl sb.docx 28 CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City and Perteet, 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 engineering services in connection with the project designated Area VIIIGIS Infrastructure Inventory. 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. Time for Performance. Work under this contract shall commence upon the 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 within 365 calendar days from notice to proceed, 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 $150,000 without written authorization. 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 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 Consultant Agreement for Professional Services Page 1 of 9 Phase VIII GIS Infrastructure Inventory CADocuments and SettingsVaiNncal Settings\Temporary lntemer Files\Content.Out lookVRB9DFA.i\Phase V111 GIs Contract 120424.dorx 29 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 indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as Consultant Agreement for Professional Services Page 2 of 9 Phase VIII GIS Infrastructure Inventory CADocuments and SeaingAgaiALocal Settings\Temporary Internet Fil es \Content.OutlookVRB9DFAAPhase VIII GIS Contract 120424.docx 30 required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 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. 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 the Consultant Agreement for Professional Services Page 3 of 9 Phase VIII GIS Infrastructure Inventory CA\Documents and SettingsVaiALocal Settings \Temporary /ntemet Files \Content.Outlook\XRB9DFA3Whase V111 GIS Contract 120414.docx 31 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. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Perteet, Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 17. Integrated Agreement. 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. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2012 CITY OF TUKWILA Jim Haggerton, Mayor Attest/Authenticated: Christy O'Flaherty, City Clerk CONSULTANT By: Michael G. Yeoman Executive Vice President Approved as to Form: Office of the City Attorney Consultant Agreement for Professional Services Page 4 of 9 Phase VIII GIS Infrastructure Inventory CADocuments and SettingftaiAlocat Settings\Temporary Internet Fil es \Content.OuttooAWtB9DFA3\Phase VIII GIs Contract 120424.docs 32 Exhibit "A" Scope of Services City of Tukwila GIS Public Works Infrastructure Inventory Area VIII INTRODUCTION The overall objective of this Scope of Services is to provide an inventory and mapping of the City of Tukwila's Public Works infrastructure. The inventory and mapping for the infrastructure will be performed within public rights -of -way and public easements within the following areas: Southcenter Pkwy/ Fragar Road, from So. 180` to So. 200` St. Allentown Foster Point Southcenter Blvd. from International Blvd to 1 -5 Southbound Off -Ramp. Southcenter Pkwy from 900' north of the 1 -5 off -ramp to 700' south of Strander Blvd. So. 200` 204` from Orillia Rd to Green River Orillia Road South, So 188` St to So. 204` The inventory collection will begin with the newly constructed area of Southcenter Parkway south of 180` before the roadway opens to the public, then move to the Allentown area and proceed from north to south through the remainder of the project areas. The data will be collected and processed using the inventory program developed for the previous phases. This phase of the inventory will locate storm drainage structures and facilities and the center point of street monument cases. In the Allentown and Foster Point areas, Perteet will locate all drainage facilities and rely on City data for measure -down and pipe data within structures to populate the database. In the Southcenter Blvd. area immediately beneath the ST Light Rail line and the Southcenter Parkway within the newly constructed "cut" section, as -built drawings provided by the City will be utilized to populate the database for the structures within the driving lanes that are inaccessible without detouring traffic. In the remaining areas Perteet will provide measure down to apparent inverts; photograph the inside of each structure and attempt to determine the size and material of the connecting storm pipes. Perteet Inc. field crews will make all measurements and observations from the ground surface. Perteet field personnel are not equipped for, nor permitted to attempt, a confined space entry. In addition if budget allows we will resolve conflicts discovered by City Staff and connect storm drain lines across boundaries of previous phases of the project. Consultant Agreement for Professional Services Page S of 9 Phase VIII GIS Infrastructure Inventory CADocuments and Settings\gaiN.ocal Settings\Temporary lntemet Fil es \Content.Outlook\XRB9DFAAPlime Vill GIS Contract 120424.docx 33 The work under this agreement will be accomplished under the following elements of work: SCOPE OF SERVICES 1.0 Management Coordination Administration 1. 1. Provide continuous project management administration (billing invoices, monthly progress reports) throughout the project's field data acquisition and GIS development. 1.2. Develop project schedule. Schedule to be updated by the Consultant at the City's direction as needed. 1.3. Attend coordination meetings with City staff and prepare meeting minutes. It is assumed that a total of 3 meetings will be required and additional meetings, at the City's direction, will be considered additional work. 1.4. Prepare independent QA/QC reviews at the 75% and final project review. 1.5. Coordination of Sub consultants. Project Planning 1.6. The Consultant will schedule and lead the Project Kickoff and planning meeting prior to the start of field data collection. This session will focus on the final identification of features and feature attributes to be collected by field survey crews. In addition, planning for future uses of the utility and street inventory will be discussed. 1.7. The Consultant will prepare a Traffic Control Plan for the work within; Southcenter Parkway, Southcenter Blvd and Orilla Rd. and submit to the City for approval prior to performing work under traffic in these areas. 2.0 Field Data Acquisition 2.1. Assumptions: 2.1.1. Elevations will be referenced to NAVD "88" datum. 2.1.2. We estimate that two- thirds of inventory data will be acquired by GPS, the remainder will be by traditional optical equipment based upon GPS control points. 2.1.3. "Confined Space" entry will not be required by the consultant to complete the project. 2.1.4. Only visible or easily recovered features will be surveyed. 2.1.5. City of Tukwila will ensure access to all private properties required for the survey. 2.2. Storm System Survey: 2.2.1. The following visible Storm Sewer system appurtenances will be located by GPS or optical survey: manhole and catch basins, including invert elevations, pipe sizes, material and direction of flow, culvert outfalls and drainage swales. 2.3. Monument Survey: Consultant Agreement for Professional Services Page 6 of 9 Phase VIII GIS Infrastructure Inventory C:\Documents and Settings�.-aiALocal Settings\Temparary lntemet Fil es\Content.Outlook\XRB9DFAAPhase V111 GIS Contract 120424.docx 34 2.3.1. Perform Global Position System (GPS) Real -time Kinematic (RTK) survey locating the center of case of visible monuments adjacent to stormwater inventory locations. No exhaustive investigation, reconnaissance or research will be performed to recover all of the street monuments. 3.0 GIS Data Development 3.1. Support Field Data Acquisition 3.1.1. Prepare supporting field map documents as necessary to successfully complete inventory. 3.1.2. Ensure data transfers are complete and conform to data template design as prescribed in previous project phases. 3.2. Data Development and Drainage Network Construction 3.2.1. Stormwater sewer systems will be developed into comprehensive networks. 3.2.2. TetraTech assumes approximately 7 -800 catch basins and 200+ culverts, plus connecting ditches and swales for conversion to GIS. 3.2.3. TetraTech will ensure the digital conversion of streams and integrate them into the stormwater network within the final Geodatabase product. 3.2.4. To digitally represent the meander bends of both streams and large ditches, TetraTech will rely primarily on flow points collected by Perteet field staff at the major turns in these features. TetraTech will "smooth" the bends in the stream and ditch centerlines using supporting vectors in the City's existing hydro layer and /or aerial photographs. 3.2.5. QA/QC procedures developed and implemented in Phases I through VI to detect flow anomalies, missing features, and other potential errors will be used in Phase VII. This includes the use of ArcReader and the creation of PMF files within problem areas for visual inspection by Perteet field staff. These errors will be fixed in GIS where possible or will be returned to the survey team for further research. 3.2.6. Data will be provided to City staff on a regular basis to allow for a final tier of QA/QC. Data will be made available for download off a secure web -site or provided to the City in an alternate fashion. We expect to use the City's ArcReader system developed in Phases I through VI to accomplish this tier of quality assurance. 3.3. Geodatabase Enhancements 3.3.1. The Drainage Network will be integrated into the Personal Geodatabase created in Phase I. The Geodatabase format created in Phases I through VI will be kept as is. Data resulting from the field inventory and network construction in Task 3.2. will be added to the existing Geodatabase 3.4. Map Production 3.4.1. Hard copy maps of the completed inventory will be developed in ArcMap. This will include a basemap image of the project study area using GIS data provided by the City. The map will depict the drainage network with as many physical attributes that can be displayed without Consultant Agreement for Professional Services Page 7 of 9 Phase VIII GIS Infrastructure Inventory CADocuments and SettingsVWALocal Settings\remporary Internet Files\ Content.Outlook\XRB9DFA3\Phase VIII GIs Contract I20424.docx 35 blurring the map image, and will be similar in quality to the hard copy submittals for Phase I. The map will be compiled in a poster -size (E). One (1) draft and one (1) final submission of each hardcopy map will be provided to both the Client and Perteet. Duplicate copies will be provided at an additional cost. 3.5. Documentation and Delivery 3.5.1. FGDC Compliant metadata will be developed for all feature classes within the Stormwater feature dataset. The metadata will outline the creation process as well as the spatial and feature attribute definitions. The form will be seamlessly linked to the layers in ArcGIS using the metadata kit provided with the software. 3.5.2. The Geodatabase, including all GIS data layers created by TetraTech, and ArcGIS project file, and digital metafiles of the map graphics, will be placed on CD -ROM. A single copy of the CD will be sent to both the City and Perteet as a final product. Deliverables Infrastructure Geodatabase including all GIS data layers created by TetraTech from Phase I through VII, an ArcGIS project file, and digital metafiles of the map graphics. One set of hardcopy maps in Poster format. A "PMF" version of each hardcopy map for general use by City Staff that use the free ArcReader software OR an ArcView project file. Consultant Agreement for Professional Services Page 8 of 9 Phase VIII GIS Infrastructure Inventory CADocuments and Setting.Agaftocal Settings\Temporary Internet Files \Content0utlook V111 GIs Contract 110414.dou 36 Exhibit "B" Current hourly rates and expenses to a maximum of $150,000. Consultant Agreement for Professional Services Page 9 of 9 Phase VIII GIS Infrastructure Inventory CADocuments and Settings\gaiALocal Settings\Temporary lntemet Files \Content OutlookVRB9DFAAPhase V111 G/S Contmct 120424.docc 37 Area 1 Area 2 Map Legend CityLimits Area 1 Area 2 Area 3 Area 4 Area 5 Area 6 Area 7 Area 8 City of Tukwila GIS Inventory Phase Map Area 6 Area 5 Area 4 dis 390 TukWlla 38