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HomeMy WebLinkAbout12-084 - PBS Engineering and Environmental - North Highline Annexation Stormwater System Investigation12 -084 Council Approval NIA CONSULTANT AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and PBS Engineering Environmental, 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 environmental services in connection with the project titled North Highline Stormwater System Investigation. 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 30 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 $17,850.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5,4,�, 6Zj6 /A/ff�-S 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 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. 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. 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 2 this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. 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. 3 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: PBS Engineering Environmental 2517 Eastlake Ave. E, Suite 100 Seattle, WA 98102 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 v U CITY OF TUKWILA JA 4— Mayo��' Attest /Authenticated: City Clerk i 2012. CONSULTANT By: v Printed Name: ICC iC( r� ii e- Title: Mtv v Approved as to Form: Office of the City Attorney Cl Industrial Triangle Tormwater Sediment Investigation City of Tukwila Public Works Department EXHIBIT A: SCOPE OF WORK Investigation of potential contamination in stormwater pipes in the Industrial Triangle area considered for annexation by the City of Tukwila The following scope of work has been developed to assist the City of Tukwila (City) in determining potential costs associated with maintenance of the storm sewers in an area referred to as the Industrial Triangle, which is being considered for annexation by the City. Background Information The City is considering annexation of approximately 100 acres of land located west of the Duwamish waterway and east of West Marginal Way between S 100 St and S Director St. This area is currently in unincorporated King County. There are a number of industrial properties located in this area and the entire Duwamish waterway has a history of contamination associated with industrial uses located along its banks. If the area is annexed, the City will take over maintenance of the storm sewer system. Since disposal of contaminated sediments can be quite costly, the City has engaged PBS to do a cursory analysis of existing contamination levels in the storm system and to research the history of contamination in this area. Tasks We have identified three tasks related to this work. These are described below. Task 1. Background Research PBS will perform a limited environmental property review of the area. We will review public records from EPA, Ecology and King County pertaining to any ongoing cleanup activities or source control investigations. We will be looking at the history of contamination in the vicinity, chemicals of concern that have been identified in this area and sources of potential ongoing contamination. Task 2. Stormwater Sediment Analysis PBS will conduct limited sampling of the King County stormwater system in the annexation area for potential contamination. This effort will be limited to five sites. And PBS will work with the City to identify exact sampling locations. Samples will be obtained using standard protocols for sampling and will be sent to an accredited laboratory for analysis. Sample locations will likely include the main discharge point to the Duwamish and the main pipe into the property from King County property to PBS Engineering Environmental 06/20/12 Industrial Triangle Tormwater Sediment Investigation City of Tukwila Public Works Department the west. We will need to run analysis for a number of different contaminants to adequately address potential contamination issues in the storm system. The screening is likely to include priority metals, petroleum hydrocarbons, PCBs, volatile organic compounds, and polycyclic aromatic hydrocarbons. We will refine the list based on our research of the site, but because we will be running a number of tests on each sample, the per sample cost is high (approx. $700.00 /sample). Based on the initial screening, additional sampling may be advised. Task 3. Report and Briefing PBS will prepare a brief report of our findings under the above Tasks land 2 that summarizes our understanding of the current contamination potential and the results of the stormwater pipe sediment sampling in the county owned system. We will present the report in a meeting to City staff where follow -up activities can be discussed. Assumptions 1. Background research will be less inclusive than a formal Environmental Phase 1 survey and focus on contaminants that are the most costly to dispose of. 2. Sampling under this Scope will be limited to one sampling effort of up to 5 locations on public owned stormwater pipes or drainages within the Industrial Triangle. No private systems will be sampled. 3. The City will provide for access to the storm drain manholes if needed. The City will also provide traffic control if needed. 4. Laboratory fees will be charged at cost plus 10% 5. PBS assumes two meetings with the City under this scope. Additional meetings will trigger adjustments to the budget. 6. PBS will work on a time and material basis up to a not -to- exceed agreed upon budget estimate. Changes to scope will trigger revisions to the budget estimate. 7. The estimate provided assumes normal turn- around on laboratory analysis. Laboratory rates increase considerably if a rush turnaround is required and the budget would need to be adjusted to account for rush fees if the City deems this is necessary. PBS understands that time is of the essence and will work to get initial research and sampling done within a 2 to 3 week period. Laboratory analysis may take a week or more to complete. PBS Engineering Environmental 2 06/20/12 Industrial Triangle Stormwater Sediment Investigation City of Tukwila Public Works Department EXHIBIT B: FEE ESTIMATE Environmental Consulting Services Pertaining to City of Tukwila Annexation of the Industrial Triangle Property on the West Side of the Duwamish River The following fee estimate was developed based on PBS's current understanding of the project. It is a time and materials not -to- exceed estimate. Task Background Research Sampling in Stormwater Lines Report and Briefing Laboratory Analysis Fees Other Expenses Total Estimated Fee Estimat A mount 5,500.00 3,800.00 4,800.00 3,500.00 250.00 $17,850 The fee estimate includes the following deliverables Review of existing information pertaining to contamination in and around the Industrial Triangle, status of ecology and EPA actions and King County stormwater records One sampling effort up to 5 catchbasins to include the primary outfall to the Duwamish and the main line in from King County property to the west. Laboratory analysis of up to 5 samples using the standard laboratory analytical techniques for contaminants of concern. See note below. Limited discussions with City, Ecology, King County, property owners, etc. Report outlining background research results and presenting laboratory analysis results and recommendations Briefing to City on findings Note: We will need to run analysis for a number of different contaminants to adequately address potential contamination issues in the storm system. The screening is likely to include priority metals, petroleum hydrocarbons, PCBs, volatile organic compounds, and polycyclic aromatic hydrocarbons. We will refine the list based on our research of the site, but because we will be running a number of tests on each sample, the per sample cost is high (approx. $700.00 /sample). Based on the initial screening, additional sampling may be advised. PBS Engineering Environmental 6/20/2012