HomeMy WebLinkAboutSpecial 2016-12-12 Item 2B - Agreement - Interurban Avenue South Settlement and Mediation Support with Anchor QEA for $40,000COUNCIL AGENDA SYNOPSIS
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ITEMNO.
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ISTAFT'SPONSOR: BOB GIBERSON
� ORIGINAI, AGENDA DATE;: 12/12/16
AGENDA ITEM TITLE' Interurban Ave South Street Improvement Project
Settlement and Mediation Support with Anchor QEA
CAT GORY [-� Discussion
Mtg Date
Motion
Mtg Date 12112116
❑ Resolution
Mtg Date
F ❑-1 O rdinance
Mt
,g Date
❑ Bid
Mtg Date
F� PublicHeariCATEGORY g
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PV
SPONSOR'S Anchor QEA is currently the construction management consultant for the Interurban Ave S
SUMMARY Street Improvement Project. As the construction timeline was extended with a potential
claim from the contractor, Anchor will be needed for settlement and mediation discussions.
Council is being asked to approve a settlement and mediation support services contract
with Anchor QEA in the amount of $40,000.00.
REVIEWED BY [:] cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 12/06/16 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
Comm"IYEE Majority Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
Expi?NDITUiu,, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$40,000.00 $500,000.00 $0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 16, 2017 CIP)
Comments: Only 2017 Budget of $500,000 is listed above.
MTG. DATE
RECORD OF COUNCIL ACTION
12/12116
MTG. DATE
ATTACHMENTS
12/12/16
Informational Memorandum dated 12/02/16
Anchor QEA Contract
Minutes from the Transportation Committee meeting of 12/5/16
247
OT F.*
City of Tukwila Allan Ekberg, Mayor
Public Works Department - Bob Giberson, Director
TO:
Transportation Committee
FROM:
Bob Giberson, Public Works Director
CC: Mayor Ekberg
DATE: December 2, 2016
SUBJECT: Interurban Avenue South (S 143rd St to Fort Dent Way)
Project No. 90310402
Contract for Settlement and Mediation Support Services with Anchor QEA
ISSUE
Execute a contract supplement with Anchor QEA (Anchor) in the amount of $40,000.00 to provide
documentation and analysis support for ongoing settlement and mediation for Interurban Ave S.
BACKGROUND
Construction has been complete on Interurban Ave S from S 143rd St to Fort Dent Way since July
2016. Early change orders and multiple construction delays extended the construction contract
time past the original required completion date. We still have not received a formal construction
contract claim from the contractor. We have been responding to numerous letters and emails
regarding additional time and compensation, but we have exhausted all construction management
budget in this effort. We would like to proactively enter into settlement and mediation discussions
with the construction contractor.
DISCUSSION
Anchor provided construction management services throughout the Interurban Ave S construction
contact and has all the documentation for the project. Anchor has been asked to provide
settlement and mediation support services and has provided the proposed contract scope and fee
for a fee not to exceed $40,000.
FINANCIAL IMPACT
Funds have been budgeted in 2017 for the construction contract claim settlement. We are also
expecting the Transportation Improvement Board to cover some of the contract overruns.
RECOMMENDATION
Council is being asked to approve a settlement and mediation support services contract with
Anchor QEA in the amount of $40,000.00 for the Interurban Ave S Project and consider this item
on the Consent Agenda at the December 12, 2016 Special meeting.
Attachment: Anchor QEA Contract
\ \pwstore\pw common$ \pw eng \projects \a - rw & rs projects \interurban ave s (90310402)Wo memo anchor settement & mediation 12.02 -16 gl.docx
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City of Tukwiia Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
O
CONSULTANT AGREEMENT FOR
Settlement and Mediation Support Services
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Anchor QEA LLC, 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 settlement and
mediation support services in connection with the project titled Interurban Avenue South
construction,
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, 2017, 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, 2017 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 $40,000 (Forty thousand dollars) 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 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.
251
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 negligent acts,
errors or omissions of the Consultant in performance of this Agreement, except for injuries
and damages caused by the sole 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.
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:
CA revised : 1-2013
252
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.
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.
Page 2
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:Vll.
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.
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.
CA revised : 1-2013
Page 3
253
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. 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.
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:
Anchor QEA LLC
720 Olive Way, Suite 1900
Seattle, WA 98101
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.
CA revised : 1-2013
254
=1
DATED this day of 20
CITY OF TUKWILA CONSULTANT
A
6�1
By:
Allan Ekberg, Mayor
Printed Name: Ed Berschinski
Title: Principal Construction Manager
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised: 1-2013 Page 5
255
256
F-xKjlo;� A
720 Olive Way, Suite 1900 ANCHOR
Seattle, Washington 98101 —�
206.28T91301 0 EA 4
November 29, 2016
Mr. Bob Giberson, PE
Public Works Director, City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
Re: City of Tukwila: Interurban Avenue South Improvements
Settlement and Mediation Support Services
As requested by the City of Tukwila, this letter represents a proposed scope of work for Anchor QEA
LLC to provide settlement and mediation support services (as requested) to assist the City in its
efforts to close out the construction contract for the above referenced project. Although the specific
scope of work may vary, the general scope of services is expected to include but not necessarily
limited to the following:
• Review relevant project documents representing project schedule and costs
• Review and evaluate Contractor requests for additional compensation and provide opinion of
entitlement and quantum merit
• Participate in strategy meetings with City, negotiation meetings with Contractor or other
meetings with relevant parties
• Draft proposed settlement offers for City review, revision and transmittal
• Other related services as mutually agreed
The services outlined above are anticipated to have a duration of approximately 4 months:
November 1, 2016 thru March 31, 2017. This duration may be extended at the request of the City if
extended negotiations or legal actions demand. The initial budget for these services is established
to be $40,000.00 not to be exceeded without written authorization from the City. Rates for these
services are provided on the attached Exhibit B.
Thank you for consideration of this agreement.
Sincerely,
Ed Berschinski
Principal Construction Manager
Anchor QEA, LLC
160325 -01.01 City of Tukwila Settlement and Mediation Support Services
257
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Anchor �N��
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Professional Level Hourly Rates
/
Principal CY� at ............ ................................................. ....... -$235
Beokn .................................
$207
Managing Aiialyst/CM/Engineer/LA/.Planner/Scientist --------------------.
$193
Senior.................. ................... ...........................
$}7]
Staff3 ........................... —..................... ............
$l5l
Staff2 .......... ........................ ........ —..................
$l36
Staff bendm1 ..................................... ............................
$ll4
�
Senior CAD ............................... .............................................. .......................... ....
$ll9
CADDesigner ................ ....................................... .............. ....................................................
$l00
Technician... ................................................................. — ......... ............................................. : ...
$97
TechnicalEditor ...... ............. ............................................ ............................. .........................
$100
Special Houriv Rates
Natiooaoxportcooxu\taot-----------.---------------------.—.,$385
All work 6vo testifying expert ................................ ....................... l.5times professional level rate
EXPENSE BILLING RATES
Expense Rates
Computer Modeling (per hour) .................................................. ............................................ $10D0
Graphic Plots (varies with plot size) .......................................................................... ........... $3'0/sf
FEE ON LABOR AND EXPENSE CHARGES
----------------------------^-----.l0%
Travel and other direct costs ...................................................................................................... I0Y6
Fieldequipment & supplies ................................ ........ .......................................................... .... l0%
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ow~ Construction Manager
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LA Landscape Aoxmu
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CAD =Computer Aided Design
This isa company confidential duoomeoL
TRANSPORTATION COMMITTEE
City Council Transportation Committee
Meeting Minutes
December 5, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building
Councitmembers: Dennis Robertson, Chair; De'Sean Quinn (Absent: Verna Seat)
Staff: David Cline, Bob Giberson, Robin Tischmak, Gail Labanara, Laurel Humphrey
Guest: Morgan Llewellyn, Llewellyn Real Estate
CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
11. BUSINESS AGENDA
A. Contract: Interurban Avenue South (South 143 d Street to Fort Dent"
Staff is seeking Council approval of a contract with Anchor QEA in the amount of $40,000 for
settlement and mediation support services for the Interurban Avenue South Project. Anchor
provided construction management support for the project. Funds have been budgeted in 2017
for the settlement and staff is expecting the Transportation Improvement Board to cover some
of the contract overruns. MAJORITY APPROVAL. FORWARD TO DECEMBER 12, 2016 SPECIAL
CONSENTAGENDA.
B. Metro Transit Interurban Avenue Park and Ride Lot
Staff provided an update on the request to pursue additional parking for Metro Transit riders
on Interurban Avenue South. At its September 19 meeting, the Committee requested that staff
investigate the possibility of providing parking at Foster Golf Links or at the auxiliary parking
lot formerly used by Metro. In 2015 the City curtailed the use of non-recreational, parking at
Foster Golf Links, as golfers and event attendees occasionally fill the entire tot. The auxiliary tot
is still available for lease at the rate of $2,000 per month, but it would require a conditional use
permit with associated application and improvement costs, potentially over $100,000. The
Committee requested input from the City Attorney on the interpretation of the City's zoning
code and asked for a determination of the lowest cost improvement threshold for the City's
conditional use permit. Staff noted that King County Metro is expanding the park and ride
program and will be releasing new information in early 2017. DISCUSSION ONLY.
Ill. SCATBd
259