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Home My WebLink About07-116 - Pyramid Engineering - Codiga Park Site Civil Engineering Design f�C� ��7- l !Lo �b� r kyp City of Tukwila Contract for Services Amendment #2 Cb� Between the City of Tukwila and Pyramid Engineering LLC That portion of Contract No. AG 07 -116 between the City of Tukwila and Pyramid Engineering LLC is amended as follows. Extension of contract for the civil work on the Codiga Farm Park project for 120 days making Monday, May 5, 2008 the new completion date. All other provisions of the contract shall remain in full force and effect. n DATED this 5� day of CONTRACTOR CITY OF TUKWILA SqWtV\'VV-)V\/-"V4� c,4T O ;k Peter Gonzales .E Steven M. Mullet, Mayor ATTEST /AUTHENTICATED APPROVED AS TO FORM J6 E. Cantu, CMC, City Clerk City Attorney CONSULTANT AGREEMENT FOR DESIGN SERVICES Het c j2- 116 THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Pyramid Engineerinn, LLC 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 SITE CIVIL ENGINEERING SERVICES in connection with the project titled CODIGA PARK. 2. Scope of Services. The Consultant agrees to perform the services, identified on Attachment A "Codiga Farms Civil Engineering Proposal" 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 21 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 Attachment "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $11,890.00 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 as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. Codiga Park Pyramid Engineering, LLC Site Civil Engineering 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, without further permission from, or compensation to the City. 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) Page 2 of 5 14. Termination. Codiga Park Pyramid Engineering, LLC Site Civil Engineering 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 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. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. In the case of early termination, the Consultant shall be entitled to compensation for all work performed up to the termination effective date, and the City shall promptly process payment within its next normal accounts payable processing cycle. Page 3 of 5 Attachments: 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Codiga Park Pyramid Engineering, LLC Site Civil Engineering Mr. Rick Still Tukwila Community Center 12424 42 Avenue South Tukwila, WA 98168 Notices to Consultant shall be sent to the following address: Peter Gonzales Pyramid Engineering, LLC 29015 Military Rd. S, PMB #544 Federal Way, WA 98003 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. A. "Codiga Farms Civil Engineering Proposal" dated July 2, 2007 Page 4 of 5 DATED this day of CITY OF TUKWILA Bruce Fletcher, Director 4 *vx YVl N/l 0,00 e Steven M. Mullet, Mayor Jaq E. Cantu, CMC, City Clerk Codiga Park Pyramid Engineering, LLC Site Civil Engineering By: a CONSULTANT Parks and Recreation Department Printed Name: fen:A- D_ Title: M4 09"6•//)G M f.2e7L.. Attest/Authenticated: Approved as to Form: Office of the City Attorney 200? Page 5 of 5 July 2, 2007 Mr. Robert Eaton Facilities Operation Parks and Recreation City of Tukwila ATTACHMENT A PYRAMID ENGINEERING LLC RE: Codiga Farms Civil Engineering Proposal Dear Robert; It is our pleasure to offer our proposal for Civil Engineering services for the Codiga Farms project. Our understanding of the project is that it is the development of a 14 -stalt parking tot to serve the existing park area. The project proposes no construction outside the parking area except for access driveways, ie. out in the road right of way. No utilities are needed on the site, including storm drainage control. We understand that a base map with survey information will be provided to us. It is further assumed that the conceptual phase of the project has been completed by the Corps of Engineers. With this in mind, our Scope of Services is specified as follows: Task A: Project Set Up Phase Contract and schedule set up Base Map set up Project filing set up Task B: Schematic Design Phase Visit Site and photograph the site conditions Review existing City of Tukwila utility records Review city codes, ordinances and design requirements Prepare preliminary parking tot layout for review File management Task C: Design Development Phase Attend one Project Team Meeting at city office Prepare Specification Outline Prepare one sheet Design Development -levet parking tot plan for review File management Task D: Construction Documents Phase Construction Plan preparation limited to: 29015 Military Rd S., PMB #544, Federal Way, WA 98003 (253) 852 -1164 Fax (253) 859 -2065 Standard Notes and Details Clear /TESC /Grading Plan TESC Notes and Details Paving Plan Paving Notes and Details Revise plans based on city /team review Prepare final specifications for parking lot features Prepare construction cost estimate for parking tot features File management Task E: Contractor Bid /Award Phase Prepare one Bid Addendum Respond to bidder questions Task F: Construction Phase Attend up to two construction meetings on the site Respond to contractor questions, RFIs, and DCRs Review submittals File management. It is assumed all reproduction and permit applications will be performed by SLA. We hope this sufficiently details our Scope of Services. We will perform the above tasks on a Lump Sum basis. Our fee for these services is $11,890.00 excluding reimbursable expenses provided in Exhibit A. Services beyond those described above will be performed only at the request and approval of the City of Tukwila. We believe it will take us approximately two weeks to prepare the construction documents once we have all the base information. At all phases of the project we will coordinate with the landscape architect as needed. If you have any questions or need additional information, please contact us. Thanks very much for inviting Pyramid Engineering to participate. We look forward to working with you and the City of Tukwital Sincerely, PYRAMID ENGINEERING, LLC Peter Gonzales, 0E. E. Managing Member Attachments: Exhibit A Standard Expense Rates CC: Erik Sweet, SLA, 18825 SE 164 St., Renton, WA 98058