HomeMy WebLinkAboutUtilities 2012-06-26 Item 2C - Agreement - Howard Hanson Dam Flood Response - Tukwila Levee Repairs and Maintenance Construction Management with Kennedy/Jenks ConsultantsCitY of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
SUBJECT: Howard Hanson Dam Flood ReSDonsefrukwila Levee Repairs and Maintenanc..
Project No. 10901301
Construction Management Consultant Selection and Agreement
ISSUE
Approve consultant agreement with Kennedy /Jenks Consultants for construction management (CM) services.
Construction management services for the removal of flood protection features were originally included as part
of a combined design /construction management contract. The design portion was completed, construction bids
have been received, and bid award is currently moving forward. The City has exercised its right to terminate that
consultant contract due to construction management concerns. As a result, CM services are needed to assist
our in -house construction manager with inspection and construction engineering for removal of the temporary
flood control measures. The construction project bid opening was on June 12, 2012 and is scheduled to be
awarded along with this contract. Construction is anticipated to begin in late July.
City project staff reviewed the Municipal Research and Services Center (MRSC) Consultant Roster and short
listed three firms capable of performing the desired CM services. Kennedy /Jenks Consultants was selected to
perform the work for the Tukwila Levee Repair and Maintenance project. Kennedy /Jenks Consultants offers
services that include CM, construction inspection, storm water management, environmental engineering and
science, water resources, wastewater treatment, civil engineering, geology and hydrology.
A cost has been negotiated with Kennedy /Jenks Consultants for $184,927.93, which is reasonable for the size
and scope of this project. The CM budget is $200,000.00 (see page 77, 2012 CIP) with 75 %f, reimbursed through
the King County Flood Control District. An in -house CM project manager has been assigned to work with the
proposed consultant's inspectors and project manager to successfully complete the removal of the temporary
flood control measures.
The Council is being asked to approve the construction management consultant agreement with Kennedy /Jenks
Consultants in the amount of $184,927.93 for the removal of the temporary flood control measures for the
Tukwila Levee Repair and Maintenance project and consider this item at the July 2, 2012 Regular Consent
Agenda.
Attachment: Consultant Agreement
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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 Kennedy /Jenks Consultants, 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 Tukwila Levee Repair and
Maintenance Howard Hanson Dam Flood Response.
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 300 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 One Hundred Eighty -Four Thousand Nine Hundred Twenty -Seven Dollars and
Ninety -Three Cents ($184,927.93) 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.
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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 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.
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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
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
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recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
Pte'•
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:
Jeffery W. Faunce, PE
Kennedy /Jenks Consultants
11912 nd Avenue, Suite 630
Seattle, WA 98101
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
CITY OF TUKWILA
Jim Haggerton, Mayor
Attest /Authenticated:
day of
Christy O'Flaherty, CMC, City Clerk
2012.
CONSULTANT
By:
Printed Name:
Title:
Approved as to Form:
Office of the City Attorney
n
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EXHIBIT A
SCOPE OF SERVICES
City of Tukwila
Tukwila Levee Repair and Maintenance project
Construction Services
This work will provide construction engineering services for the construction contract to complete the
Tukwila Levee Repair and Maintenance project These services will include project management,
inspection, and contract administration required during the construction of the project, as detailed below:
I. INTRODUCTION
The Consultant will perform the following scope of construction services on the the Tukwila Levee Repair
and Maintenance Project. The scope of services and associated cost of services (Exhibit B) are based
upon the assumptions outlined below.
Assumptions:
The accompanying budget for the services detailed below is based on the services of one Part time
Construction manager (CM) during a 120 calendar day or an approximate 4 month construction
contract. An increase or decrease in the number of working days affects the time the CM will be
required to work on the project.
An estimated 1 full time and 1 part -time inspector will also be required during the 120 calendar days
to correspond with the simultaneous multi -crew construction approach anticipated by the contractor.
It is anticipated that multiple work areas will be encountered at times during the project and will be
required to be completed at the same time for work to be completed within the 120 Calender day limit.
The contract administrator (CA) will be a part -time position. She will make trips to the field office on a
weekly basis to attend meetings and occasional other trips for required coordination between the
various participants. It is anticipated that there will be an estimated 125,000.00 in Force account
(FA) on the project which will require approximately 40 FA sheets to be processed.
Mileage: The following numbers reflect travel requirements for field staff and other project staff. For
CM and CA and full -time inspectors, assume 110 trips 60 miles round trip (includes anticipated
on -site daily mileage). For part -time inspection, assume 85 trips at 60 miles round trip (includes
anticipated on -site daily mileage). The contract administrator is estimated to make 65 trips, averaging
60 miles per round trip.
A job site trailer will not be provided. We will be allowed reasonable resources to perform work at the
City of Tukwila including copying minor items, printing daily required items to keep the project on
track and reasonable other resources needed to complete the project reasonably.
II. DETAILED SCOPE OF WORK
Task 1 Project Management.
Provide overall Construction Management, coordination with KPG, the City, monthly progress reports,
and invoicing. This effort will include the following elements.
1.1 Organize and layout work for project staff. Prepare project instructions on contract
administration procedures to be used during construction.
1.2 Review monthly expenditures, prepare invoice and submit project progress letter to the city.
(Note: See also Tasks 3 and 4, which include activities that may otherwise be considered project
management tasks.)
City of Tukwila Scope of Work Page 1 of 3
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Task 2 Preconstruction Services
2.1 Preconstruction Conference. 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, lead inspector and contract administrator will attend the
preconstruction conference. The contract administrator will prepare a written record of the
meeting. The consultant shall also distribute copies of the minutes to all attendees, affected
agencies and others as appropriate.
2.2 Provide one set of preconstruction photographs to the City.
Task 3 Construction Services Field
3.1 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 [owner] 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 (or your state reference). 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.
3.2 When on site prepare daily construction reports, utilizing report forms approved by the City,
detailing the contractors operations performed for each day the Consultant is on site; measure
the quantities of materials installed, log equipment used, workers on site and other items.
3.3 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.
3.4 Prepare field records and documents to help assure the project is administered in accordance
with funding requirements.
3.5 Provide periodic photographs during the course of construction. Photographs to be labeled
with date taken and subject matter.
3.6 Coordinate with the contractor provided surveying.
3.7 Punch list. Upon substantial completion of work, coordinate with the City and other affected
agencies, to perform a project inspection and develop a comprehensive list of deficiencies or
'punch list' of items to be completed. This will be issued with the Certificate of Substantial
Completion, which will be issued by the Consultant.
Task 4 Construction Services Field Office
4.1 Day to day construction management: liaison with City on a regular basis to discus project
issues and status.
4.2 Plan interpretations. Provide technical interpretations of the drawings, specifications, and
contract documents, and evaluate requested deviations from the approved design or
specifications. (Note: Consultation with KPG) will be facilitated by CM with inclusion of the City
for evaluation of design deviations that may affect performance.)
City of Tukwila Scope of Work Page 2 of 3
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4.3 Weekly meetings. Lead weekly meetings, including preparing meeting minutes and distributing
copies of minutes to attendees. Outstanding issues to be tracked on a weekly basis.
Contractor to provide a 3 -week look ahead schedule of upcoming work at each meeting.
4.4 Record drawings. Review record drawings prepared by the Contractor.
4.5 Monthly Pay Requests. Consolidate and Prepare monthly requests for payment, review with
the City and contractor and approve, as permitted. Utilize City of Tukwila provided format for
pay estimates.
Task 5 Submittal Processing
5.1 Coordinate review process for shop drawings, samples, traffic control plans, test reports, and
other data submitted by the Contractor for compliance with the information required by the
contract documents. (Submittals to be transmitted to the Designer KPG for their review.)
5.2 Forward copies of submittals to the City for their information and review.
5.3 Log and track submittals. Provide updates of log to the City on a periodic basis.
Task 6 Change Orders
6.1 Change orders. Develop change orders and provide technical assistance to negotiate the
change orders. (Note: Change orders that may affect facility performance will be transmitted to
the Designer for review and concurrence.)
Task 7 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.
7.1 Prepare additional copies of approved drawings, specifications, and other contract documents,
either for bidding purposes, or as requested by the City, Contractor, Agencies, or others.
7.2 At the conclusion of the bidding process, prepare a conformed set of drawings and
specifications incorporating all addendum's' and distribute.
7.3 Provide assistance to the City if rebidding is necessary.
7.4 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.
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.
City of Tukwila Scope of Work Page 3 of 3
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tukwila levee repair and maintenance report
phase 1 construction services