HomeMy WebLinkAboutFS 2016-12-06 Item 2B - Agreement - Public Safety PlanCity of Tukwila
Allan Ekberg, Mayor
Public Works Department - Bob Giberson, Director
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
FROM: Bob Giberson, Public Works Director
DATE: October 5, 2016
SUBJECT: Public Safety Plan
Project Management Services
Consultant Selection and Agreement for Project Management Services
ISSUE
Approve Shiels Obletz Johnsen (SOJ) to perform Phase 1 Project Management Services for the
Public Safety Plan.
BACKGROUND
On August 18 and 25, 2016 the City advertised a Request for Proposals for Project Management
(PM) Services on the Public Safety Plan projects. Two proposals were received and both firms
were interviewed.
ANALYSIS
As shown on attached evaluation matrix, based on experience and qualifications, SOJ ranked
higher than Hill International after thoroughly reviewing proposals and conducting interviews. Hill
International also has a lot of experience in large public facility projects. SOJ is exceptionally
knowledgeable and experienced with large public facility projects and alternative project delivery
methods such as GC /CM (General Contractor /Construction Manager). SOJ has provided similar
PM services for numerous large local projects including: Burien Town Square, ShoWare Event
Center, SCORE Jail, Seattle City Hall and Seattle Police Headquarters.
FISCAL IMPACT
The Public Safety Bond projects and cost model include all estimated amounts for architectural,
engineering and project management fees, as presented to the Finance and Safety Committee.
The recommended and negotiated contract amount with SOJ is within the overall Public Safety
Plan project budgets.
RECOMMENDATION
Approve the agreement for $2,694,716 with Shiels Obletz Johnsen for Project Management
Services for the Public Safety Plan projects.
Attachments: Consultant Selection Matrix
Consultant Agreement with Exhibits A, B & C
w:\pw eng \projects \a - bg projects \public safety plan \rfp and evaluation\info memo consultant selection and contract - soj.docx
9
1 is
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONSULTANT AGREEMENT FOR
PROJECT MANAGEMENT SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City ", and Shiels Obletz Johnsen (SOJ), 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 Property
Management services in connection with the project titled Public Safety Plan.
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. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending March 31, 2021, unless sooner
terminated 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 March 31, 2021, 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" and "C" attached hereto, provided that the total amount of payment to the Consultant
shall not exceed $2,694,716 without express written modification of the Agreement
signed by the City.
B. The Consultant may submit invoices 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
invoices will be checked by the City and, upon approval thereof, payment shall be made
within thirty (30) days 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.
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 a
period of three (3) years after final payments. Copies shall be made available upon
request.
11
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 rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
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, officials, employees, 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 RCW, solely 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. The City shall
defend, indemnify and hold the City, its officers, officials, employees harmless from any and
all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting
from the acts, errors or omissions of the City in performance of this Agreement, except for
injuries and damages caused by the negligence of the Consultant.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised : 1 -2013
12
Page 2
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, 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 Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self - insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, 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 of execution of this
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. Failure 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 breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
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.
CA revised : 1 -2013
Page 3
13
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, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability 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. In the event of Termination, City shall pay
Consultant for work completed by the Consultant up to the date of Termination.
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. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, 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 be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1 -2013
14
Page 4
17. 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:
Ken Johnsen
Shiels Obletz Johnsen, Inc.
800 5th Avenue, Suite 4130
Seattle, WA 98104
18. Entire Agreement; Modification. 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. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this
CITY OF TUKWILA
Mayor, Allan Ekberg
day of , 20
CONSULTANT
By:
Printed Name:
Title:
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised : 1 -2013
Page 5
15
PUBLIC SAFETY PLAN - PROJECT MGMT RFP
Consultant Selection Matrix (Internal Selection, No Interviews)
points
possible
SHIELS OBLETZ JOHNSON
HILL INTERNATIONAL
Qualifications, expertise and experience of project management staff
30
30
25
Project understanding and approach
20
20
15
Experience with siting selection and land acquisition process
20
15
15
Experience working with community engagement efforts, citizen oversight groups and City Council reporting
15
10
10
Knowledge of BUILDING DESIGN AND PERMITTING
10
10
10
Compliance with RFP Requirements
5
5
5
SUBTOTAL
100
90
80
Interview
100
90
90
TOTAL
200
180
170
For each category, highest score is listed (with the lowest or worst score at 0)
Consultant with the highest score is ranked the best.
Selection Date: Monday September 26, 2016
Selected Consultant: Shiels Obletz Johnsen, Inc.
Selection Justification: This firm ranked highest for experience and qualifications, _per RCW.
_
18
EXHIBIT A
SHIELS OBLETZ JOHNSEN, INC.
SCOPE OF SERVICES:
Project Management
City of Tukwila
Public Safety Plan
Under the direction of the City's Public Works Director, perform the following scope of services:
1. Organize and attend project management meetings
• Executive Owner Group
• Three Project Management Groups
• Quarterly status reports to Council
2. Establish and maintain a project management plan. Plan to include:
2.1. Project Organization
• Roles /Responsibilities /Contacts for Staff/ consultants, work groups and committees
• Communication Protocols
• Overall community engagement strategy
• Document control
2.2. Project Schedule
• Overall target project schedule for program and projects
• Key project milestones including:
o Selection of design team(s)
o Selection property acquisition team(s)
o Permitting requirements and milestones
o Siting Decisions
o Land acquisitions
o Design
o Construction
o Move in
• Schedule Management
2.3. Project Budget
• Budgets for overall program and individual projects
• Process for budget management
• Process for tracking project budgets
3. Develop strategy for selection of design team(s) and acquisition and other consultants
4. Assist with tracking and reporting project budgets
19
5. Develop and assist with RFPs and selections of design team and land acquisition consultants,
construction managers including qualifications and interviews.
6. Develop strategy for selection of contractors for projects
• Assist in determining best method for controlling pro projects including GCCM,
Design /Bid /Build, 63 -20 and low bid options
• Assist in contractor selection process including steps to secure State approval
for GCCM and /or Design /Bid /Build.
7. Develop and maintain document control solutions
8. Oversee land acquisition consultants and siting selection process through City Council
• 8.1 Coordinate and communicate with Public Safety Plan Financial Oversight
Committee (refer to City Ordinance No. 2509)
• 8.2 Assist in public outreach and communications
9. Oversee and advise design team process for all building projects
10. Assure all required permits are obtained for all building projects
11. During Construction, advise City regarding:
• Status of schedule and budget
• Quarterly report for City Council
• Issues affecting schedule, budget and quality
12. Provide additional construction management services as requested by the City
20
Exhibit B
City of Tukwila
Public Safety Plan
Project Management Services
Consultant - Shiels Obletz Johnsen (SOJ)
SOJ will perform services on a time and materials basis. SOJ's team will bill for hours spent
working on the project. Hourly rates for team members are listed below. Any direct costs such as
travel, will be billed at cost.
Exhibit C outlines a project schedule for SOJ services on the Public Safety Plan. Monthly hourly
estimates are shown. It is important to note that these monthly estimates will actually differ
month to month. As shown in Exhibit C, we are proposing a 29 month (December 2016 — April 2019)
first phase for SOJ services that completes site selection and design phases for all projects.
Construction Management (CM) services are also shown for Fire Station 51 and Justice Center projects
through April of 2019. The City and SOJ will address potential additional CM services from SOJ for the
other 3 projects in mid -2018.
Project Team hourly billing rates:
Ken Johnsen; Principal
Justine Kim; Sr. Project Management
Ethan Bernau, Project Manager
DJ Baxter, Sr. Project Manager Land and Acquisition
*Carrie Holmes; Deputy Project Manager
*Adam Strutynski; Budget /Schedule Specialist
$270.00
$ 200.00
$165.00
$ 200.00
$150.00
$140.00
* = Sub - consultant billed under SOJ contract
Hourly rates escalated 3% January 1 of each year.
A monthly estimate is also shown for Enviroissues to provide public outreach and communication services
for Phase I- Site selection and Pre- design.
As shown on Exhibit B, the Phase I Not -To- Exceed budget for SOJ services is $1,843,407.
This budget is based upon the assumption that one A/E firm and one contractor are chosen to design and
build all three fire stations. If this does not happen, additional budget will be required.
The budget also assumes that the City and SOJ will work together to make efficient use of project team
meetings.
21
22
24,000 l
1,654,407 l
S
a
J
11/29/2016
Tukwila Public Safety Program - SOJ Hourly Estimates
TOTAL PROJECT VALUE (YOE$):
$82.5M
PHASE I: December 2016 - April 2019
EXHIBIT C
I, :SOJ. Hours PHASE I _M
- Justice Center
- Fire Station 51
- Fire Station 52
- Fire Station 54
- City Shops
o
Feb
i
o
subtotal hours
2017
Feb
Mar
Sep
uoN
O
subtotal hours
018
Feb
¢
subtotal hours
thru Apr -2019
SubTotal Est Hours
(thru Apr 2019)
SUBTOTAL FOR
PROJECT
(thru Apr 2019)
start
Site Selection /Pre- Design
Design Phase (ncl. Reviews / Approvals & VE)
Construction Phase
start
Pre - Design Design Phase (incl. Reviews / Approvals & VE) Construction Phase
start
Site Selection / Pre - Design
Design Phase (incl. Reviews / Approvals & VE)
start
Site Selection Pre - Design
Design Phase (incl. Reviews / Approvals & VE)
start
Site Selection Pre - Design
Design Phase (incl. Reviews / Approvals & VE)
Ken Johnsen: Est. Hours
Billing Rate: $270 /hour
20
20
20
24
24
24
24
24
24
24
24
24
24
300
12
12
12
12
12
12
12
12
12
12
12
12
144
8
8
8
8
32
476
$ 130,213
2,800
$ 573,279
Justine Kim: Est. Hours
Billing Rate: $200 /hour
40
40
60
60
80
80
80
100
100
100
100
100
100
1,040
110
110
110
110
110
110
110
110
110
110
110
110
1,320
110
110
110
110
440
2,490
$ 382,919
Cariie Holmes: Est. Hours
Billing Rate: $150 /hour
30
60
60
60
60
60
60
60
80
80
80
80
80
850
80
80
80
80
110
110
110
110
110
110
110
110
1,200
110
110
110
110
440
1,000
$ 201,440
DJ: Est. Hours
Billing Rate: $ 200 /hour
40
60
60
60
60
60
60
60
60
60
60
60
60
760
40
40
40
40
40
40
240
0
1,580
$ 269,570
Ethan Bernau
Billing Rate: $165 /hour
0
0
0
0
0
0
0
0
0
40
40
60
60
200
80
80
80
80
80
80
80
80
80
80
80
100
980
100
100
100
100
400
530
$ 72,985
Adam Strutynski Est. Hours
Billing Rate: $135 /hour
20
20
30
30
30
16
16
16
16
16
16
16
16
258
16
16
16
16
16
16
16
16
16
16
16
16
192
20
20
20
20
80
8,876
$ 1,630,407
Reimbursable Expenses
Equivalent FTE: 0.81
131 131 1.44 135 135 1.48 1.6 1.85 1.85 1.98 1.98
2.04 2.04 2.04 2.04 2.23 2.23 138 1.98 138 1.98 1.98 2.1
1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 500 500 500 500 500 500
2.13 2.13 2.13 2.13
500 500 500 500 Reimburseables
SOJ TOTAL Dec 2016 - Apr 2019
I$
I$
PHASE I
Erin Tam /Dennis Sandstrom: Est. Hours
billing Rate: $150 /hour
60
60
60
60
60
60
60
60
60
60
60
60
60
780
40
40
40
40
40
40
40
40
40
40
40
40
480
Enviroissues Total
Dec2016Jun2017
1260
189.000
PHASE I TOTAL SOJ + ENVIROISSUES
Is
1,843,407
Page 1 of 2
N)
851,309 1
29,300 I
2,505,716 1
2.694,716 1
EXHIBIT C
PHASE II: May 2019 - March 2021
1.69 1.56 1.44 1.44 1.56 1.44 1.38 1.38
250 250 250 250 250 250 250 250
1.375 14 1.4 1.4 1.4 1.4 0.9 0.9 0.8 0.8 0.5 0.5
0.6 0.6 0.6 0 0 0 0 0
250 250 250 250 250 250 250 250 250 250 250 250 100 100 100
Reimurseables
SOJ TOTAL Dec 2016 -Apr 2019
L$
5.300
Is
SOJ Fee of Total Project Budget
% Fee of MACC
Ave Monthly FTE
Reimurseables
SOJ
Enciroissues
GRAND TOTAL SOJ + ENVIROISSUES
3.00%
4.47%
1 52
I$
I$
189,000
Page 2 of 2
Rates
¢'
m
O
i
o
subtotal hours
May -Dec, 2019
Jan -20
Feb
¢
Jun
Aug
Sep
O
z
o
subtotal hours
2020
Feb
Mar
Apr
'
¢
subtotal hours
2021
SubTotal Est Hours
(2019 -2021)
SUBTOTAL FOR
PROJECT
(2019 -2021)
,
Total Oct Hours
TOTAL FOR
PROJECT
Construction Phase
Move in /Close
post occupancy
Const ove- in /Clo post occupancy
Construction Phase ve- in /Clo
post occ
Construction Phase ve- in /Clo
post occ
Bidding
Construction Phase
Five- in /Clo
post occupancy
8
8
8
8
6
6
6
6
56
6
6
6
6
6
6
6
6
6
6
6
6
72
8
8
8
24
152
$ 44,577
628
$ 174,789
860
4,620
$ 966,344
110
110
110
110
110
110
100
100
100
100
100
100
100
100
60
60
40
40
20
20
840
40
40
40
120
1,820
$ 393,065
80
2,570
$ 395,650
40
20
0
0
20
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
80
$ 12,731
0
1,000
$ 201,440
0
0
0
$ -
800
3,420
$ 597,770
100
100
100
100
100
100
100
100
100
100
100
100
100
100
60
60
60
60
40
40
920
40
40
40
120
1,840
$ 328,200
160
990
$ 140,422
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
240
20
20
20
60
460
$ 67,436
4,352
13,228
$ 846,009
$ 2,476,416
1.69 1.56 1.44 1.44 1.56 1.44 1.38 1.38
250 250 250 250 250 250 250 250
1.375 14 1.4 1.4 1.4 1.4 0.9 0.9 0.8 0.8 0.5 0.5
0.6 0.6 0.6 0 0 0 0 0
250 250 250 250 250 250 250 250 250 250 250 250 100 100 100
Reimurseables
SOJ TOTAL Dec 2016 -Apr 2019
L$
5.300
Is
SOJ Fee of Total Project Budget
% Fee of MACC
Ave Monthly FTE
Reimurseables
SOJ
Enciroissues
GRAND TOTAL SOJ + ENVIROISSUES
3.00%
4.47%
1 52
I$
I$
189,000
Page 2 of 2
Rates