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HomeMy WebLinkAbout09-076 - PACE Engineers - Gilliam Creek Basin Stormwater Overflow Feasibility Study 09 -076 Council Approval NIA CONSULTANT AGREEMENT FOR DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and PACE Engineers, Inc, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform design services in connection with the project titled Gilliam Creek Basin Stormwater Overflow Feasibility Study. 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 60 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 $14,922.00 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. ne/ 61n1/; L 5 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. 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 2 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 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: P4cE EN 61,) Ef a s Arrr i teen/ pJ t c.e".l 601 4 EC.oN iD A." t 5u, re /00 1 A quo 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 3 day of A L— 2009 CITY OF TUKWILA CONSULTANT C )faL 1 By e AAA, Attest/Authenticated: `Jim Ha eon, Mayo #/22109 Christy O'Flahty, CMC, City Clerk Printed Name: k c' lsl i'J L S eN.) Title: V Approved as to Form: Office d)he 9ti y ttorney 4 GILLIAM CREEK BASIN STORMWATER OVERFLOW FEASIBILITY STUDY All utilities within the proposed corridor The preferred alignment based upon utility conflicts, traffic constraints and constructability Issues /constraints associated with the construction of the overflow pipe Permits required Estimated project cost including design and construction Scope of Services Our proposed scope of work is as follows: EXHIBIT A Project Understanding The City of Tukwila is looking at proactive solutions to address potential flooding problems around Southcenter in the event a high discharge of stormwater runoff into the Green River overtops the levees. One alternative that is very promising is the construction of a new overflow pipe along Strander Boulevard between Andover Park West and Andover Park East. This pipeline would connect the existing pipe from Lake Tukwila to the recently constructed Strander Pump Station. We understand that it is the City's desire to design and construct this facility before next winter. To accomplish this, the City is currently working with FEMA in an effort to secure funding to design and construct the facility To assist in this process, the City is requesting that PACE prepare a feasibility study to determine if these connections are possible. This study would identify: Task 1— Survey PACE will conduct a limited topographic survey of this project to augment the information already known in the area. This task will include a survey of all known existing dry and wet utilities. It is our 4 understanding that the City will locate with paint all of the City owned utilities. PACE will contract with a private locate company to locate all other utilities within the Strander Boulevard right -of -way. Task 2 Preliminary Layout Based upon the utility research, survey and consultation with the City, PACE will prepare a preliminary layout of the proposed overflow system. This layout will include both Plan View and Profile View of the system. Task 3 Hydrologic /Hydraulic Analysis PACE will prepare a preliminary hydrologic analysis of the proposed system to ensure that the pipe will function as intended and not create any unintended flooding problems elsewhere in the system. Task 4 Prepare Budget -level Cost Estimate PACE will prepare a budget level cost estimate for this project. This estimate will include design survey, engineering, construction and construction management. It is not anticipated that this project would include any right -of -way costs. Task 5 Project Management /Tech Memo PACE will provide the necessary coordination and administration for this study. At the end of the study PACE will prepare a Tech Memo summarizing the findings from the above tasks. PACE Engineers Task 1 Survey Task 2 Preliminary Layout Task 3 H/H Task 4 Cost Estimate Task 5 PM/Tech Memo Hours Total !Expenses Postage /Courier Plotter PhotoNideo Mileage/Travel /Per Diem Miscellaneous Technology Fee Project Name1 Gilliam Creek Basin Stormwater Overflow Study Project P09-446 Billing Group #:1 Staff Type (See Labor Rates Table) 1 Staff Type Hourly Rate $180 Labor Senior Drawing/Task Title Code Principal 4 4 2 6 Total 16.0 Labor Total $2,880 12 $145 Project Manager 0.0 $0 1 Reimbursable rate /unit 1 Quantity 001 16 74 $105 $105 Cad Drafter Engineer II III 16 24 12 6 4 4 38.0 $3,990 Cost $259.65 $260 28.0 $2,940 Location:1Strander Blvd from Andover East to Andover West 1 Prepared By: FW Task #:I 001 Date: 25- Mar -09 Labor Hours by Classification 93 $93 Office Tech III 0.0 $0 41 $145 Principal Surveyor 1.5 1.5 $218 Subconsultants Utility Locate Mechanical Engineer Electrical Engineer Geotechnical Engineer 1 C Engineer Subconsultant Subtotal Markup Total 43 $135 Project Manager 5 5.0 $675 $1,500 $1,500 12% $1,680 EXHIBIT B Project Budget Worksheet 2009 Standard Rates 46 $115 Project Surveyor 0.0 $0 48 $105 Survey Tech I I 8 8.0 $840 59 $180 2 -Man Survey Crew 8 8.0 $1,440 91 $85 Project Hour Administrator Total PACE Billed Labor Total Reimbursable Expenses Subconsultants 22.5 44.0 16.0 8.0 14.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 104.5 $0 $12,982.50 $12,983 $260 $1,680 Total Project Budget!' $14,922 Rate Table Used: 2009 Standard Rates