HomeMy WebLinkAboutReg 2003-07-07 Item 6A - Contract - 2003 Overlay Construction Management with Entranco Engineers for $106,488.70ITEM INFORMATION
03-092 I Original Agenda Date: July 7, 2003
Agenda Item Title: 2003 Overlay Program Construction Management Services
CAS Number:
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
I Cost Impact (if known):
I Fund Source (if known):
Meeting Date 1
7/07/03
Meeting Date
7/07/03
Meeting Date
7/07/03
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COUNCIL AGENDA SYNOPSIS
Council Admin. Public Works
This consultant agreement with Entranco will provide construction management services for
the 2003 Overlay Program (Project No. 03- RWO1). The $106,500.00 fee includes a full time
on -site construction inspector, contractor surveying, and part-time project management and
contract administration. Three firms were evaluated with Entranco being the most qualified.
Forward to Regular Council authorizing Mayor to sign consultant agreement.
Same as Sponsor.
Same as Sponsor.
Not to exceed $106,500.00
104/02 Commercial Streets (2003 CIP pg. 43)
Initials
Prepared by I Mayor's review I Council review
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Action
Attachments
Information Memo dated June 19, 2003
Scoring Results
Consultant Agreement
Transportation Committee Meeting Minutes from June 23, 2003
ITEMNO.
Co a
To: Mayor Mullet
From: Public Works Directoy
Date: June 19, 2003 VV
Subject: 2003 Overlay Program
Construction Management Services
ISSUE
Authorize execution of a contract with Entranco for construction management services
on the 2003 Overlay Program in the amount of $106,500.00.
BACKGROUND
ANALYSIS
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attachment: Scope and Fee Estimate
(P:WojeasiA• R W RS AOjsn103R Wo1 2103 QsrpyICmuCOavMem)
INFORMATION MEMO
The construction bid was awarded to Lakeside Industries for $798,559.75 at the June 2,
2003, Regular Council Meeting. Three firms were evaluated to provide construction
engineering services for this project on behalf of the City. Entranco scored the best and
has provided these services for the City in the past on projects that include the annual
overlay program and numerous other construction projects.
The negotiated fee includes a full -time on -site construction inspector, construction
survey control setting for contractor surveying, part-time project management and
contract administration. This fee is less than the budgeted amount and is approximately
13.3% of the low construction bid.
Contract Amount 1 Budget
Construction Engineering $106,500.00 1 $155,000.00 1
RECOMMENDATION
Authorize the Mayor to execute a contract with Entranco for construction management
services on the 2003 Overlay Program in the amount of $106,500.00.
CONSULTANT SELECTION
2003 OVERLAY PROGRAM CONSTRUCTION MANAGEMENT SVCS.
1 ENTRANCO 1 INCA 1 PERTEET
Manager 1 1 2
Inspectors 1 1 1
Survey 1 1 1
Testing
City Experience
Totals
2
1
6
3 2
2 2
8 8
Score consultant 1 to 3 with 1 being highest and 3 being lowest.
Lowest score is consultant ranked highest.
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 Entranco, 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 Construction
Management services in connection with the project titled 2003 Overlay Program
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 $106,500 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. 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
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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.
II. 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
ply
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16. Notices. Notices to the City of Tukwila shall be sent to the following address.
DATED this
Steven M. Mullet, Mayor
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Mike Roberts
Entranco
10900 NE 8'" Street, Suite 300
Bellevue, Washington 98004
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.
day of 20
CITY OF TUKWILA CONSULTANT
By: Vii/ e4—
Printed Name: F /S 7 S
Title:312.. L1,ir gar «3 'r
Attest/Authenticated: Approved as to Form:
Jane E. Cantu, CMC, City Clerk Office of the City Attorney
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II. DETAILED SCOPE OF WORK
EXHIBIT A
SCOPE OF SERVICES
Construction Engineering Services
2003 Overlay Program
Tukwila, Washington
The scope of this work will provide for construction engineering services for the construction contract to
complete the 2003 Overlay Program in Tukwila, Washington. These services will include inspection and
contract administration for the construction of the project, as detailed below:
I. INTRODUCTION
The Consultant will perform the following scope of construction services for the 2003 Overlay Program.
Assumptions:
The accompanying budget for the services detailed below is based on the services of one full-time
inspector during a 98 calendar day or 68 working day construction contract with 5 additional working
days for punchlist follow -up. An increase or decrease in the number of working days affects the time an
inspector will be on site. Supplemental assistance may be needed depending upon contractor's activities
(number of crews) and is not included within the base scope.
Mileage: For inspection, assume 73 trips at 42 miles round trip from Bellevue and 10 miles on site per day.
For meetings, assume 12 trips at 42 miles round trip from Bellevue.
The Contractor will add Entranco as an additional insured during the course of construction in the event of
theft, vandalism, or other incident(s).
Task 1 Project Management.
Provide overall project management, coordination with the City, monthly progress reports, and invoicing.
This effort will include the following elements.
5.6 Organize and layout work for project staff. Prepare project instructions on contract administration
procedures to be used during construction.
5.7 Review monthly expenditures, prepare invoice and submit project progress letter to the City.
Task 2 Preconstruction Services
2.1 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, contract
administrator and construction inspector will attend the preconstruction conference and will
prepare a written record of the meeting. The consultant shall also distribute copies of the minutes to
all attendees and affected agencies, staff, etc.
2.2 Provide one set of preconstruction photographs.
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Task 3 Construction Services Field
5.6 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 City 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. 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.
5.7 Prepare daily construction reports, detailing the contractors operations performed for each day the
Consultant is on site; measure the quantities of materials installed, log equipment and staff used,
and other items.
5.8 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.
5.9 Prepare field records and documents to help assure the project is administered in accordance with
Federal, State, and /or funding agency requirements.
5.10 Attend and actively participate in weekly on -site meetings.
5.11 Provide periodic photographs during the course of construction. Photographs to be labeled with
date taken and subject matter.
5.12 Punch list. Upon substantial completion of work, coordinate with the City and other affected
agencies, to perform a project inspection and develop a comprehensive 'punch list' of items to be
completed. This will be issued with the Certificate of Substantial Completion, which will be issued
by the Consultant.
5.13 Coordinate and manage materials testing subconsultants for construction services. Provide
materials testing services as identified below. Coordinate the work of the construction inspector and
testing laboratories in the observation and testing of materials used in the construction; document
and evaluate results of testing; and address deficiencies.
Estimated materials testing services are tabulated below
Service or test nrncedurg Est. Otv.
A. Crushed rock and gravel materials
i. Field sampling 4 sets
ii. Mileage (estimated) 400 miles
111 Sieve Analysis 4 each
iv. In place density tests 16 hours
v. Proctor analysis 4 each
A. Concrete
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i. Field testing for air and slump 4 hours
ii. Concrete cylinders (1 set 3 cylinders) 1 sets
A. Asphalt Concrete Pavement (ACP)
i. In place density tests 8 days
ii. Extraction 4 each
Gradation including percent fractured face 4 each
iv. Stability test 4 each
Task 4 Construction Services Office
5.6 Day to day project management: liaison with City on a regular basis to discuss project issues and
status; and management of subconsultants and Consultant's staff.
5.7 Plan interpretations change orders. Provide technical interpretations of the drawings,
specifications, and contract documents, and evaluate requested deviations from the approved
design or specifications. Develop minor change orders and provide technical assistance to negotiate
the change orders. It is assumed that there will be no more than two minor change orders.
Additional change orders will be conducted under Task 5 Additional Services.
5.8 Weekly meetings. Lead weekly meetings, including preparing agenda, meeting minutes, and
distributing copies of minutes to attendees. Outstanding issues to be tracked on a weekly basis.
Contractor to provide a 3 -week schedule of upcoming work at each meeting.
5.9 Record drawings. Revise the original drawings and submit to the City, upon completion of the
work, using available information supplied by the Contractor(s), on site representative personnel,
suppliers, and other sources. Contractor shall provide as -built information detailing final location of
installed items based on the same pattern as conducted for initial design. The City shall supply
original mylars to the Consultant. The Consultant shall provide one set of original red -ink on mylar
record drawings and one set of bond copies. The Consultant shall retain one set of bond copies for
their records.
5.10 Monthly Pay Requests. Prepare monthly requests for payments, review with City and contractor
and approve, as permitted.
5.11 Required Documents. Log and track required documents from the Contractor. This includes
verifying that submitted certified payrolls from the Contractor and all subcontractors meet the King
County prevailing wage rates on a weekly basis.
Task 5 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.
5.6 Organize and aid in conducting a partnering workshop to be attended by the relevant project
stakeholders, including securing meeting space, retaining catering service, and securing the services
of a trained partnering facilitator.
5.7 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.
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5.8 Prepare applications for permits (environmental, railroad crossing, HPA, etc.), which are deemed
necessary for construction and which were not obtained during the design phase of the project.
5.9 Provide any additional services resulting from changes in scope or design of the project due to
circumstances beyond the Consultant's control. Changes include, but are not limited to, changes in
size, complexity, the schedule, character of construction, or method of financing.
5.10 Provide administrative and support services during construction which are not included in the above
scope of services, which may include:
a. Investigations, meetings, and negotiations with the Contractor involving claims and legal complaints, or a
significant amount of defective or rejected work. A "significant amount" would be an item that might
represent more than 2.5 percent. of the total contract bid amount.
b. Additional work resulting from delinquency or insolvency of the Contractor; or as a result of damage to
the construction project caused by fire, flood, earthquake or other acts of God, all exclusive of additional
work resulting from litigation.
c. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions or work required
to resolve disputes or goals involving minorities. Additional work resulting from significant delays or
acceleration of the work by the Contractor.
d. Assistance to legal, financial, or other consultants engaged by the City beyond the services previously
described.
5.11 Assist the City in the investigation of malfunctions, failures, or accidents during construction.
5.12 Assist the City with media communications of project status. The Consultant will coordinate media
releases and traffic advisory updates if requested by the City.
Deliverables
i. Preconstruction Conference Minutes
ii.. Daily Reports on a weekly basis
iii. Test reports
iv. Record Drawings —1 set original mylars, 1 bond copy
v. Construction Photographs —1 set, including preconstruction photographs.
vi. Weekly meeting minutes
vii. Certificate of Substantial Completion and punch list
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.
8
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Transportation Committee
June 23, 2003
DRAFT
Present: Richard Simpson, Chair; Pam Linder, Dave Fenton
Brian Shelton, Cyndy Knighton, Gail Labanara, Robin Tischmak, Pat Brodin,
Rhonda Berry, Lucy Lauterbach
1. Southcenter Boulevard Klickitat Access Since the Mall was sold, the new owners
presented an opportunity to work with the City to redevelop the traffic snarl between Klickitat
and Strander on Southcenter Parkway. The City held a six -hour charette with staff, consultants,
the Mall, DOT and other business reps. Thirty people attended the intense and busy meeting. No
perfect solutions were found, but from 17 scenarios they started with, they narrowed them down
to 6 -7 options. Staff and the consultants will try to refine those and bring them back. It is a very
challenging project, as there is traffic coming in from I -5, traffic going to and coming from the
Mall, and many vehicles that want to turn left on Strander coming from Klickitat. Cyndy pointed
out the lack of space in which to add lanes. Possibilities are to route a new road around
Southcenter and on to Klickitat from Strander, to channel Mall traffic under the road, or to
channel traffic to the north Mall exit. There may not be funding for many years for this project.
Dave said to remember the project once it's decided on. Information.
2. I 405 Project Alternatives This project is proceeding. Since the committee was last briefed
on the alternatives, staff met with the consultants for the Urban Center /TOD to talk about the
DOT options. This was to get ideas of what works not only for the overall city, but also for the
TOD and TUC. A new bridge over I -405 was looked at, but for now the favorite option keeps the
two bridges, widens them, extends Tukwila Parkway (on the south side of I -405) eastward, and
takes buses to both the TOD and Mall. Like the previous subject, this too is complicated, with
expensive and unfunded options all up and down I -405. Information.
3. 303 Facilities Fund Status Update Richard and Pam had seen the update in Utilities, but it
was the first time Dave had seen it. He expressed his enthusiasm and liking for it. He asked about
several projects such as replacing 800 mhtz radios, and whether the newer models wouldn't be
better. Information.
4. Construction Management Overlay The overlay program was awarded in early June, and
the contractor is ready to start work. Part of the cost of the project is a full time project manager.
Staff reviewed several consultants and chose Entranco. Their fee would still leave the project
under budget. Entranco's percentage on this project is less than it was last year. Recommend
contract with Entranco for S106.488.70 to a Regular Meeting.
Committee Chair approval