HomeMy WebLinkAbout18-183 - AECOM Technical Services - Andover Park East Water Main & Sewer Construction ManagementCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
18-183(a)
Agreement Number: Council Approval N/A
CONTRACT FOR SERVICES
Amendment # 1
Between the City of Tukwila and AECOM Technical Services, Inc.
That portion of Contract No. 18-183 between the City of Tukwila and AECOM Technical
Services, Inc. is hereby amended as follows:
Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in
full force and effect for a period commencing upon execution and ending on April 15, 2019,
unless sooner termination under the provisions hereinafter specified. Work under this
Agreement shall commence upon written notice by the City to the Consultant to proceed.
The Consultant shall perform all services and provide all work product required pursuant to
this Agreement no later than April 15, 2019.
All other provisions of the contract shall remain in full force and effect.
Dated this 2/67 day of 1,14-ir-ein
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED
1„t
Christy O'FlahertY, MMC, City Cletk Office of he City Attorney
CONTRACTOR
Print Name: Jon Porterfield
APPROVED AS TO FORM
CA Revised cumber 2016
Page 1 of 1
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62U0SouthcenterBoulevard, Tukwila VVA0O188
ContractNumber 18-183
Council Approval N/A
CONSULTANT AGREEMENT FOR
CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, VVaehingtnn, hereinafter
referred to as "the City", and AECC)K8 Technical 8en/ices, hereinafter referred to on "the
COnSu|tanY', in consideration of the mutual benofits, ternlS, and conditions hereinafter specified.
1. Pnmieot Designation. The Consultant is retained by the City to perform construction
management services in connection with the project titled 'Andover Park East Water Main
and Sewer Rep|aoernants'
2. Scope of Services. The Consultant agrees to perform the aen/ices, identified on Exhibit "A-
1" attached hereto, including the provision Of all |obor, nlote[i8|3. equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be infull force and
effect for o period commencing upon execution and ending December 31. 2018. unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
eho|| commence upon written notice by the City to the Consultant to proceed. The
Consultant shall perform all services and provide all work product required pursuant tothis
Agreement no later than December 51. 2018 unless on extension of such time is granted in
writing by the City.
4. Pavmment. The Consultant ahoU be paid by the City for completed work and for services
rendered under this Agreement msfollows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
^B" attached heneto, provided that the total amount ofpayment to the Consultant shall
not exceed $18.348.65vvithout 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 dote. Such
vouchers will be checked by the City and, upon approval theneof, payment shall be
made tothe Consultant inthe 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 nsndered, and for all nnoterie|e, oupp|iee, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for o
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All douumenbs, drovvnge, specifications and other
nnoteh3|S produced by the Consultant in connection with the services rendered under this
Agreement Sh@U 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
copie3, of drawings and specifications for infVrnn@tion, 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 specifiedinthiSAgreement.
6. Compliance with Lmvvm. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully 0bSen/B and comply with all federal, state, and |Oc8| |avvs,
ordinances and regulations, applicable to the services rendered under this Agreement.
7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers.
OffiCi@|S, employees and volunteers harmless from any and all c|aimS, injuries, damages,
|OS3eS Or suits including attorney haes, arising out of or resulting from the acts, errors Or
omissions of the Consultant in performance of this Agreennent, except for injuries and
damages caused bythe sole negligence ofthe City.
Should a court of Competent jurisdiction determine that this Agreement is subject to RCVV
4.24.115, then, in the event Of liability for damages arising out of bodily injury to persons Or
damages to property Caused by or resulting from the concurrent negligence Of the
Consultant and the City, its officerS. OffiCi8|S, ernp|oymeo, and volunteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCVV. SO|e/y for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreennent,
insurance against claims for injuries to persons Ordamage tV property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its 8gents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement Sh8U not be construed to limit the liability of the Consultant to the coverage
provided by Such insurance. or otherwise limit the City'S recourse toany remedy available at
|8vv Or in equity.
A. Minimum Amounts and Scope of |nounonoo. Consultant aheU obtain insurance of the
types and with the limits described below:
1 Automobile Liability insurance with m nninirnurn combined single limit for bodily
injury and property damage of $1.000.000 per accident. Automobile Liability
insurance shall cover all Ovvned, non-ovvned, hired and leased vehicles.
Coverage shall be written On Insurance Services Office (|G{}) form CAO0 01 or
substitute form providing equivalent liability coverage. If neceSsary, the policy
shall beendorsed toprovide contractual liability coverage.
2. C0nnnlerCia| General Liability insurance with limits no less than $1.000.000 each
occurrence. $2000.000 general aggregate, Commercial General Liability
insurance shall be written on |3[> occurrence form CG OO 01 and shall cover
liability arising from premises, VperatiVns, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3 Workers' Compensation coverage as required by the Industrial |nSur@DC8 laws of
the State of Washington.
CA reviseu� 1-2013
Page 2
4. P[OfeSSiOn8| Liability with |innhs no less than $1.000'000 per d@irn and
$1.000.000 policy aggregate limit. Professional Liability insurance Sh8U be
appropriate tothe Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to oontoin, or be endorsed to contain that they
ahoU be primary insurance with respect to the City. Any |naunanma, ee|Aneunance, or
insurance pool coverage maintained by the City aheU be excess of the Consultant's
insurance and shall not becontributed orcombined with it.
C� Acceptability mfInsurers. Insurance is to be placed with insurers with o ourn*ntA.K8.
Best rating ofnot less than /\:VU.
O. Verification of Coverage. Consultant shall furnish the City with original certificates and
m copy of the amendatory endoroernerta, including but not necessarily limited to the
additional insured endonsennent, evidencing the insurance requirements of the
Consultant before commencement of the work. Certificates of coverage and
endorsements as required by this section shall be delivered to the City within fifteen (15)
days ufexecution ofthis Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. FmNmne to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the bremch,
immediately terminate the contract or, at its discretion, procure Or renew such insurance
and pay any and all nrenniunna in connection therewith, with any sums eoexpended to be
repaid to the City on dennand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
8. Independent Contractor. The Consultant and the City agree that the Consultant is on
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 prograrn, otherwise assuming the duties of an employer with respect to
the Consultant, nrany employee ofthe Consultant.
10. Covenant AqaimmtContimqentFees. The Consultant warrants that hehas not employed or
retained any company or pereon, other than a bonafida employee working solely for the
Consu|tant, to solicit orsecure this controct, and that he has not paid oragreed to pay any
company or peraon, other than m bonafide employee working solely for the Consu|tant, any
fee, connnniaaion, percentmge, brokerage fee, gifta, or any other consideration contingent
upon or resulting from the evvepd or making of this contract. For breach or violation of this
warrant, the City shall have the right to 8OOu| this contract without |igbi|ity. or in its discretion
to deduct from the contract price or consideration, or otherwise neoover, the full amount of
such fae, oonnnn\asion, percentoge, brokerage fee, gift. orcontingent fee.
11. Discrimination Prohibited. The Consultant, with regard tothe work performed byitunder
this Agreement, will not discriminate on the grounds of race, ne|igion, oreed, oo|or, national
origin, aQe, veteran atatua, aex, sexual orientadon, gender identity, marital statuo, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement ofmaterials or supplies.
CA revised :l'zo1a
12� Assiqnnmmnt The Consultant shall not sublet Or assign any of the services covered by this
Agreement without the express written consent ofthe City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement Sh@U not constitute 8 waiver ofany other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten /10\
days written notice tothe Consultant.
B. In the event of the death of a rnennber, partner or officer of the COnsu|tent, or any Of its
supervisory personnel assigned tothe project, the surviving members ofthe Consultant
hereby agree to complete the work under the terms of this AgnBernent, if requested to
do so by the Qty. This section shall not be a bar to renegotiations of this Agreement
between Surviving members of the Consultant and the City. if the City so chooses.
15. Applicable Law; Venue; Attorney`s Fees. This Agreement shall be subject to, and the
Consultant shall at all times o0rnp|y vvith, all applicable feder8|, state and |OC8| |avvS.
negu|@hOnS. and ru|es, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila, In the event any suit, arbitr@bon, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington, The prevailing party in
any such action shall beentitled toits ottorney'Sfees and costs 0fsuit. Venue for any action
arising from Orrelated tothis Agreement shall be exclusively in King County Superior Court.
16. SmnmnabWiry and Survival. If any term, condition or provision ofthis Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions h8[8Of and all other provisions shall remain fully enforceable. The
provisions of this Agreernent, which by their sense and context are reasonably intended to
survive the C0nnp|etion, expiration or cancellation of this Agreement, shall survive termination
nfthis Agreement.
17. Notices. Notices hothe City 0fTukwila shall besent tOthe following address:
City Clerk
City of Tukwila
O2OO8ou1hcenterBoulevard
Tukwila, WA 98180
Notices to Consultant shall be sent tothe following address:
AEC0W1Technical Services
1111 3 mAvenue
Seattle, WA 98101
1& Entire Aqremmnmnt Modification. This Aoreenlent, together with attachments or mddenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiationa, nepnaoentmtiona, or agreements written or oral. No
amendment or modification of this Agreement shall be 0fany force or effect unless it is in
writing and signed bythe parties.
CA revised �1-2olo
DATED this 2' day of
CITY OF TUKWI A
Allan Ekberg, Mayor
CONSULTANT
Printed Name:
, 20
Title: Vicc._ Pr-e jcie,4—
CA revised : 1-2013
Page 5
Andover Park East
City of Tukwila
ExhibitA-1
SCOPE OF SERVICES
Construction Management and Contract Administration Services for the
Andover Park East Water Main and Sewer Replacements
City of Tukwila
AECOM Technical Services, Inc. ("Consultant") proposes to provide to the City of Tukwila, Washington
("Client") construction management services for the Andover Park East (APE) Water Main and Sewer
Replacement Project (hereinafter called "Project"). These services will include inapaction, construction
management, and contract administration assistance for the project as detailed in the following:
U. INTRODUCTION
The following eunpu of services is based upon the assumptions ouMined herein, Associated costs are
detailed in EXHIBIT 8,
Assumptions:
� Services will be performed in accordance with the Local Agency Guidelines (LAG) and theVVSOOT
Construction Manual,
� Design by Others: It is understood and agreed that the Consultant did not prepare the Contract
Documents for the pnojeot, and the Client will provide the Consultant the support of the Engineer -of -
Record during the course ofthe Consultant's work,
DETAILED SCOPE OF WORK
Subtmsk 1 —Admministraton/Qua|dv Control
Consistent with the hours shown in EXHIBIT B. the Consultant shall provide overall project management
and contract administration associated with the service agreement between the Consultant and the
Client. This effort will include the following elements:
1.1 Prepare ofConsultant invoicing and progress reporting tothe Client.
1.2 Perform internal administration ofthe Consultant's Task Order,
1.3 Prepare any supplements tothe Consultant's Task Order.
1A Make periodic field visits and conduct project reviews for the quality ofservices provided by
AECOK4and consistency with AECOM'eproject qua|ityp|an.
Subtask 2—Document Control
Consistent with the hours shown in EXHIBIT B. the Consultant shall provide document control services
including the following elements:
2.1 Process; track and archive construction records including: Inspectors Daily Reports (|OR's);
Requests for Information (RF[s)� Submittals; Requests for Approval of [Noharia|e (RAyW'e)�
Statements ofWorking Days, Consultant shall maintain submittal and RF| logs hotrack when
documents are received and returned to the contractor.
22 Review and archive project record documentation associated with prevailing wage reporting,
including Requests to Sublet, Intents to Pay Prevailing VVoge, Certified Payroll, Affidavits of
Wages Paid, and Contractor employee wage interviews,
2.3 Maintain a list of approved change orders and potential change orders. Potential change orders
will have a force account estimate of the extra work related to that item(s), until an approved
change order isexecuted.
Page of
Updated 9/21/2018
Andover Park East
City of Tukwila
Subtmmk 3—Field Inspection
The Consultant shall provide construction inspection services consistent with the hours shown in
EXHIBIT B. This effort will include the following elements:
3.1 Prepare daily construction reports recording the contractor's operations performed for each day
the Consultant ison site; measure the quantities of materials installed, log equipment and staff
present, weather conditions, and any observed problems or construction issues.
Subtask4—Construction Management
Provide construction management services, consistent with the hours shown in EXHIBIT B. This effort will
include the following elements:
4.1 Supervise contract close-out activities including as -built dnawingn, final payment, and
completion notices. Consultant shall provide the C|ient, at contract close-out, construction
records tothe all applicable funding agencies.
111. Consultant Deliverables; including but not limited to:
i Inspector Daily Reports
ii Construction Photographs
iii Weekly Meeting Minutes and Agendas
iv. Submitta|. RF|, and Material Testing Loge
V. Change Order Log
vi Monthly Contractor Pay Requests with field note record and quantity documentation
vii Punch -lists and tracking documentation
viii. All Project Records received from the Contractor described under Subtosk2
ix. Other records generated as a result of this Contract, when requested by the C|ient, or as
deemed necessary byapublic record request.
IV. Responsibilities of the Client
i Provide CM oversight and approval authority for all construction activities.
ii Manage the Designer -on -Record team as part of the Project Designer's on -call design
support and architectural submittal review.
iii� Process all contract documents through the City'oapproval process (e.g CW1services
invoioes, construction contract, monthly pay estimates, change order execution, coat
reduction pnoposa|a, time extenoions, etc.).
iv. Provide preferred forms and h)rmate, and filing structure to the Consultant.
V. Oversee the Consultant on conducting schedule evaluation, monitoring, and evaluate Time
Impact Analysis for changes.
vi provide and assist the Consultant in utility coordination with third -party utilities under project
specific orfranchise agreements.
vii. Provide operations & maintenance interface with other City Staff for ongoing project issues.
Page 2«r2
Updated 9/21o018
APE Water Sewer Replacement
Exhibit B
Estimated Hours to Complete Project
1 - Admin/QC
Hours to complete
Raw Rate (Payroll Rate)
Raw Total Billing Rate
Loaded Total Employee
0 hours $ 74.80 $ -
$ 199.60 bill rate $
9.25 hours $ 36.00 $ 333.00 $ 96,07 bill rate $ 888.61
0.75 hours $ 33.40 $ 25.05 $ 89.13 bill rate $ 66.85
4 hours $ 74.80 $ 299.20 $ 199.60 bill rate $ 798.42
8 hours $ 36.00 $ 288.00 $ 96.07 bill rate $ 768.53
4 hours $ 33.40 $ 133.60 $ 89.13 bill rate $ 356.51
hours $ 34.06 $ - $ 82.30 bill rate $
Perala
Rockwell
Neal
Perala
Rockwell
Neal
Ellenberger
16
Total Hours Total Loaded (revenue)
2 - Doc Control
Hours to complete
0 hours
60 hours
2,878.91
Raw Rate (Payroll Rate) Raw Total Billing Rate Loaded Total
30.84 $ 96.07 bill rate $
36.00 $ 2,160.00 $ 96.07 bill rate $ 5,763.96
Employee
Shinsato
Shinsato
0 Total Hours Total Loaded (revenue)
3 - Inspection
Hours to complete
Raw Rate (Payroll Rate)
Raw Total Billing Rate
5,763.96
Loaded Total Employee
2 hours
60 hours
58.67 $ 117.34 $ 156.56 bill rate 313.12
58.67 $ 3,520.20 $ 156.56 bill rate
9,393.65
Vaughn
Vaughn
60
Total Hours
Total Loaded (revenue)
Costs for serivces between June 30 and October 1 =
Total Additional Costs =
9,706.78
1,268.58
17,081.07
Total to Complete = $ 18,349.65
Remaining Budget = / 1.2 Contract 18-051
Added Budget Required = $ 9,886.65