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HomeMy WebLinkAbout16-179 - Shiels Obletz Johnsen (SOJ) - Public Safety Plan Project ManagementDocuSign Envelope IIID: 6799511EIE-8800-401E3-IB207-71FIB3C21DIBIE3A1 City of Tukwila 6200 Southcenter Boulevard, Tukwila 4/VA 98188 Agreement Number: 16-179(l Council Approval NA CONTRACT FOR SERVICES Amendment No. 6 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 16-179 between the City of Tukwila and Shiels Obletz Johnsen, Inc. is hereby amended as follows: Section 1 Pro ectDesignation,. The Consultant is retained by the City to perform Project Management services in connection with the project titled Tukwila Public Safety Plan and PW Fleets and Facilities Building Tenant Improvements Projects. Section 3 Duration of A• reement Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2023, 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 December 31, 2023, unless extension of such time is granted by writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this 22nd day of CITY OF TUKWILA HP e3ionetl via GeamleaaDoca.cam Key: c0E6e24:-3660-46a7-9839a662eatlf327e November , 2022 Allan Ekberg, Mayor 11-22-2022 ATTEST/AUTHENTICATED Key. 6010591e1,60c4ftle-8,75f16tle6239ae Christy O'Flaherty, MMC, City Clerk CA Revised LDecerber 2016. CONSULTANT .-QocuSigned by: fr4t6t l .... . 6.14.r,c10 .., C1 M1(SJ.... Brad Tong, Managing Director APPROVED AS TO FORM C off• iaSewee Kay. 65,3348-3,c4766-1e2baa9tl960atl09f0 Office of the City Attorney Page 1 of 1 DocuSign Envelope ID: 9540F437-BEBA-4598-9BA6-5E445E46D4CB For J*i o� J Ir City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:16-179(e) Council Approval 6/27/22 CONTRACT FOR SERVICES Amendment No. 5 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 16-179 between the City of Tukwila and Shiels Obletz Johnsen, Inc. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform Project Management services in connection with the project titled Tukwila Public Safety Plan and PW Fleets and Facilities Building Tenant Improvements Projects. Section 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 December 31, 2022, 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 December 31, 2022 unless extension of such time is granted by writing by the City. Section 4 Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $3,439,372.65 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for additional services related to Amendment No. 5 are $84,901. All other provisions of the contract shall remain in full force and effect. Dated this lst day of July , 2022. CITY OF TUKWILA CONTRACTOR HP C7/(Lezt,c Shoe/cg Key: 16,3,10ecOabcD2erce0cf,19001ac. Allan Ekberg, Mayor ATTEST/AUTHENTICATED e, gretl oe—DocuSigned by: bra, -) 07/01/2022 Brad Tong, Managing Director Christy O'Flaherty, MMC, City Clerk CA Revised December 2016 APPROVED AS TO FORM Key: bc520.2,01.5c.,11 ea, IDJJ1c21.7c1, Office of the City Attorney Page 1 of 1 DocuSign Envelope ID: 9540F437-BEBA-4598-9BA6-5E445E46D4CB A s 0 j June 09, 2022 Hari Ponnekanti Director of Public Works 6200n Southcenter Blvd. Tukwila WA 98188 Project: Tukwila Public Works — Fleets and Facilities (Heiser Building Tenant Improvement) Subject: Proposal for Construction Administration Management Contract Amendment Dear Hari: SOJ is please to submit our proposal to continue to assist with the Fleets and Facilities Heiser Building Tenant Improvement Project Construction Administration on the roof enhancement, envelope painting/repair and addition of detached storage buildings scope of work. Fee $84,901 (including $3,000 of reimbursable expenses) for continued assistance with the management of the roof enhancement and exterior scope of the Heiser Building, being executed by Lincoln Construction Company and SHKS architects. Duration We are forecasting that this proposal covers our efforts from July 2022 through December 2022. Scope of Services • Overseeing the construction progress toward roof enhancement, envelope painting/repair and addition of detached storage buildings scope of work. We appreciate your consideration of the above and look forward to your response. Sincerely, keti Justine Kim Partner / SOJ Cc: File DocuSign Envelope ID: 9540F437-BEBA-4598-9BA6-5E445E46D4CB Public Works Fleet and Facilities - Roofing and Exterior Scope 2022$ Rates 1.0 N N N - - N - - N - - N - - N - - O) M Cr) CO N Justine Kim Equivalent FTE: Reimburseable Expenses Lf) O z C 4) E 4) E Ts O 1- City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:16-179(d) Council Approval 4/18/22 CONTRACT FOR SERVICES Amendment No. 4 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 16-179 between the City of Tukwila and Shiels Obletz Johnsen, Inc. is hereby amended as follows: Section 1 Proiect Designation: The Consultant is retained by the City to perform Project Management services in connection with the project titled Tukwila Public Safety Plan and PW Fleets and Facilities Building Tenant Improvements Projects. Section 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 December 31, 2022, 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 December 31, 2022 unless extension of such time is granted by writing by the City. Section 4 Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $3,354,471.65 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for additional services related to Amendment No. 4 are $39,240. All other provisions of the contract shall remain in full force and effect. Dated this 25th day of April , 2022. CITY OF TUKWILA CONTRACTOR HP Allan Ekberg, Mayor ATTEST/AUTHENTICATED 04/25/2022 I Brad Tong, Managing Director APPROVED AS TO FORM eGICM ea ma SeamlessDocs.com Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 11111111111111)(.11-3i 1111111131111111111111111 s 0 March 22, 2022 Hari Ponnekanti Director of Public Works 6200n Southcenter Blvd. Tukwila WA 98188 Project: Tukwila Public Works — Fleets and Facilities (Heiser Building Tenant Improvement) Subject: Proposal for Construction Administration Management Contract Amendment Dear Hari: SOJ is please to submit our proposal to continue to assist with the Fleets and Facilities Heiser Building Tenant Improvement Project Construction Administration. Fee $39,240 (including $2,000 of reimbursable expenses) for continued assistance with the management of on-going Tenant Improvement construction being executed by Lincoln Construction Company and SHKS architects. Due to the pandemic related schedule delay and the added necessary scope or work, the construction duration has been lengthened, and the Substantial Completion (SC) target date has been moved. Our project team is anticipating Substantial Completion in the next few weeks, but some of the added concrete footing work (for equipment installation) has been delayed due to the on-going concrete worker's strike. This work will start after the SC date, and we will be overseeing the completion of that work into the next few months. Duration We are forecasting that this proposal covers our efforts from Mid -March 2022 through June 2022 assuming the strike coming to an end within a reasonable period. Scope of Services • Overseeing the construction progress toward SC, and management of the additional concrete work We appreciate your consideration of the above and look forward to your response. Sincerely, itt Justine Kim Partner / SOJ Cc: File 3/22/2022 Public Works Fleet and Facilities - Additional Construction Administration Management 2022$ Rates Mar Apr May Jun Total Hrs Justine Kim Est. Hours Billing Rate: $232/hour $ 239 20 30 30 30 110 $26,290 Paul Schlachter Est. Hours Billing Rate: $199/hour $ 199 10 20 0 0 30 $5,970 Adam Strutynski Est. Hours Billing Rate: $157/hour $ 157 0 0 0 0 0 $0 Matt Strutynski Est. Hours Billing Rate: $83/hour $ 83 0 20 20 20 60 $4,980 Equivalent FTE: Reimburseable Expenses 500 500 500 500 Total for Amendment No 4: $37,240 $2,000 $39,240 DocuSign Envelope ID: 7FCA1809-4FAE-4624-868C-1 ECA9C8A2A5A HP J*i o� J Ir City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:16-179(c) Council Approval 5/24/21 CONTRACT FOR SERVICES Amendment No. 3 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 16-179 between the City of Tukwila and Shiels Obletz Johnsen, Inc. is hereby amended as follows: Section 1 Proiect Designation: The Consultant is retained by the City to perform Project Management services in connection with the project titled Tukwila Public Safety Plan and PW Fleets and Facilities Building Tenant Improvements Projects. Section 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 December 31, 2022, 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 December 31, 2022 unless extension of such time is granted by writing by the City. Section 4 Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $3,315,231.65 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for additional services related to Amendment No. 3 are $127,617.65. All other provisions of the contract shall remain in full force and effect. Dated this 15th day of June ,2021. CITY OF TUKWILA CONTRACTOR C7iffeztt 6,66,e/cg Ke}: 2,cle7Gcic,7,50,17beuclactlYbatue DocuSigned by: bra Allan Ekberg, Mayor 06/15/2021 Brad Tong, Managing Director ATTEST/AUTHENTICATED APPROVED AS TO FORM e,15, ea vla 3eamlessDocs.com C6t aty 696/1ezh g Key: aa,a0c11,c1d5cl.f200f51,1,ae.7tlfe e,15, ea vla 3eamlessDocs.com C cvf ce 9cued Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 [-X0-1011E311 A s 0 J May 1, 2021 Hari Ponnekanti Director of Public Works 6200n Southcenter Blvd. Tukwila WA 98188 Project: Tukwila Public Works — Fleets and Facilities (Heiser Building Tenant Improvement) Subject: Proposal for Construction Administration Management Dear Hari: SOJ is please to submit our proposal to assist with the Fleets and Facilities Heiser Building Tenant Improvement Project Construction Administration. Fee $127,617.65 (including $4,500 of reimbursable expenses) for continued assistance with the management of on-going Tenant Improvement construction being executed by Lincoln Construction Company and SHKS architects. The total estimated effort is $198,248. However, our existing contract with the City of Tukwila (contract number 16-179) is expected to have a balance of approximately $59,778.04 after the completion of Public Safety Projects (Justice Center, Fire Station 51, 52 & 54). In addition, we currently carry a $15,352.31 balance in the Public Works budget through the end of March. We can apply those two balances, which total $75,130.35 toward this project's management, which will help offset the project budget impact. See attached worksheet for staffing estimates. Duration We are forecasting that this proposal covers our efforts from April 2021 through February 2022 assuming the project completion of achieving Substantial Completion of early December 2021 remains unchanged. Scope of Services • Please see attached list of Construction Administration scope of work. We appreciate your consideration of the above and look forward to your response. Sincerely, Justine Kim Partner / SOJ Cc: File s 0 Construction Phase Scope of Work 1. Owner's Representative - will represent the Owner at all times on project matters. 3. Contracts - administer the contracts to be executed between Owner and a contractor. 5. Observation of the Construction Work - observe the progress of the construction and document findings in a written monthly Field Report. 6. Inspections - perform regular on-site observations of construction contractor's work as frequently as necessary and take other actions in coordination with the Architect and any special inspectors to protect the Owner's interests. 8. Meetings - attend weekly OAC meetings. 9. Schedule - review construction contractor's schedule for compliance with the contract requirements to confirm that it is generally realistic to meet the schedule. Will monitor the construction contractor's progress in meeting the project schedule. 10. Budget - regularly monitor Owner's construction budget for the Project, identify variances between actual and estimated construction costs, advise the Owner, and counsel the Owner concerning any action that should be taken. 11. Changes - recommend appropriate changes to the work, review and analyze requests for changes and submit recommendations to the Owner, assist in negotiations with the contactor, assist in negotiating contractor's proposals, prepare change orders for signatures of CPM, the Architect, and for final authorization by the Owner. 13. Contractor and A/E Claims - assist in reviewing, analyzing, and processing contractor and A/E change orders and make recommendations to the Owner concerning a contractor who is not performing in accordance with the applicable construction contract. 14. Consultants and Testing - If required or requested by Owner, assist the Owner in selecting and retaining the professional services of surveyors, soils engineers, special consultants, and testing laboratories and shall coordinate their services. 16. Contractor Submittals - oversee maintaining of a log of the shop drawings submitted by the Contractor to the Architect for review and approval. The CPM receive copies of all pertinent (Owner's) submittals from the Contractors and facilitate the Owner's review completeness and coordinate with the architects. 18. Project Records - maintain record copy of all construction contracts, drawings, specifications, addenda, change orders, other modifications and other documents that are associated with the construction contracts or work. 21. Owner -Furnished Equipment - ensure proper coordination between furnishings, fixtures and equipment (FF&E) that are part of the Project and building systems to support FF&E conditions and requirements. Where appropriate, the CPM shall assist Owner staff in overall coordination of FF&E delivery and installation among the contractors and FF&E vendors. 23. Nonconforming Work - bring defect (nonconforming work with the construction contract), the to the attention of Architect (if appropriate) and Owner. Assist in identifying the problem and recommend a solution. 24. Punch List Work - coordinate with the Architect and Owner consultants to develop a punch list(s), and coordinate with the Contractor a schedule for completion. Determine all "punch list" work is complete prior to recommending approval of final payment. 25. Substantial Completion - Oversee and manage the construction contractors to achieve substantial completion of the project by the date agreed upon by contractor and Owner in the construction contract. 26. Commissioning - Coordinate commissioning activities with the Owner's Commissioning Agent, and the contractor. Facilitate scheduling of operation and maintenance training sessions for systems and equipment. 27. Closeout - Facilitate obtaining keys and a copy of all warranties, guarantees, manuals, and related documents and deliver them to Owner's staff. 28. Schedule of Values and Contractor Applications for Payment - Review and determine construction contractor's schedule of values is reasonable. Review the progress of construction with the contractor, observe work in place and properly stored materials on a monthly basis, and evaluate the percentage complete of each construction activity shown in the Applications for Payment. [-X11-101111111 A 29. Permits - will assist Owner in obtaining building occupancy permits. 30. Lien Releases - before recommending final payment, obtain the releases of claims and liens required by the construction contract. 31. Warranty Inspections - will administer all warranty and maintenance related requests. Approximately eleven months after Final Acceptance of the facilities, coordinate an inspection with Owner, A/E, and contractor to assist Architect in identifying and reporting any defects in the work that should be corrected. 0 i INIWorks Fleet and Facilities - Construction Adminstration 2 (6 H U U) 0 O Z U O Q Q 2021$ Rates Rates are 2021$ $68,672 CO 0) 0 0) 0) ER 0 CO CO CO- ER 0 0 CO 71-- N 69- RO 296 472 0 0) 310 O 20 0 20 O 20 0 20 20 48 O 30 N 48 0 30 CO x - N 48 0 30 CO x - N 48 0 30 CO x - N 48 0 30 CO x - N 48 0 30 CO x - N 48 0 30 CO x - N 48 0 30 CO x - N 48 0 30 CO x - N CO N $ 80 CO N 0) x- U x- 69- ER ER Justine Kim Est. Hours Billing Rate: $232/hour Paul Schlachter Est. Hours Billing Rate: $193/hour Adam Strutynski Est. Hours Billing Rate: $152/hour Matt Strutynski Est. Hours Billing Rate: $80/hour Equivalent FTE: O O Reimburseable Expenses o a N O N E9 LO DocuSign Envelope ID: 39B49267-7506-4FEA-80CB-4BBE0B9CA5A1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:16-179(b) CONTRACT FOR SERVICES Amendment No. 2 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 16-179 between the City of Tukwila and Shiels Obletz Johnsen, Inc. is hereby amended as follows: 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2021 unless extension of such time is granted by writing by the City. The duration of the contract is now through December 31, 2021, unless modified by supplemental agreement. All other provisions of the contract shall remain in full force and effect. Dated this 3rd day of March CITY OF TUKWILA Allan Ekberg, Mayor 03/03/2021 ATTEST/AUTHENTICATED ?h4z7a C32(ahe 1 , 2021. CONTRACTOR --Docu""//Sigg�ne((ddq�� by: bra BED891 Brad Tong, Managing Director APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 16-1-79(a) Agreement Number: Council Approval 8/6/18 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 16-179 between the City of Tukwila and Shiels Obletz Johnsen, Inc. is hereby amended as follows: 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 Exhibits "A" attached hereto, including the provision of all labor, materials, equipment and supplies related to completion of the revised and updated program scope and budget. 3. 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 "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $3,187,614 (including estimated expenses) without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of 41)-) , 20 it Allan Ekb g, ayor ATTEST/AUTHENTICATED Christy O'Flah City Serk CA Revised December 2016 CONTRACTOR nsen, P esid n APPROVED AS TO FORM ffice o the City Att rney Page 1 of 1 0 J July 9, 2018 Ms. Rachel Bianchi Project Manager Tukwila Public Safety Program 6200 South Center Blvd. Tukwila, WA 98188 Project: Tukwila Public Safety Program Subject: Additional Service Proposal for No. 1 Consultant Agreement for Project Management Services Contract #16-179 Project #91630501 Dear Rachel: Please accept this proposal for additional services request for the City of Tukwila's Public Safety Plan project management services. The initial scope of services contract, prepared in 2016 was based on the bond measure project budget of $82,554,000 in total. After approximately 20 months of assisting the City with further definition of program, budget and scope for all projects within the Program, the overall budget has grown to over $128 M including the projected site acquisition costs. This scope and fee proposal reflects our current understanding of the level of effort estimated to complete the City Council directed program scope of work; • Completion of Justice Center with project budget of $68,536,343. • Completion of Fire Station 51 with project budget of $13,272,000. • Completion of Fire Station 52 with project budget of $18,610,000. • Completion of Public Works with project budget of $30,000,000. The existing contract with the City of Tukwila is in the amount of $2,694,716. As of the end of May, 2018, SOJ has billed up to $970,893. The total compensation amount to complete the revised and updated program scope is estimated to be $3,187,614. The additional services request proposed to complete the current scope of work is $492,898. Please see attachment A for a detailed projection of staffing level. We appreciate your consideration of the above and look forward to our continued partnership with the City of Tukwila. Justine Kim Partner / Program Manager SOJ Cc: File 1 ATTACHMENT A Tukwila Public Works ProJacb TOTAL ESTIMATED FEE (YOE$): • Justice Center - FH S1atl4t 6/ • Mrs S1YM 62 SUBTOTAL FOR mt1 a 01 .44 7.74. irillE)._FiCZIMIIIIIIIIIIIIMINIIIIIIIIIII»)114„.71,-711.11LZZO .11111/1111.m.. Ii VI.I jir.�� i:1611171114117:01tetir:Euthietikhkurtrilt==:zior17. Orli f�i®fiiiifii i�ifiili�ifii�'�i�iii////� �, _tip. A ,®®®®ii�iff��itfiiii�fi�iiiifi��ii��iif�i�ii�iiiGi.�ai�iii©iii�ii��%% ���—�fii�iiir�ifii� .. ..�,��._�fiiiiil"11.i/i/i© 11 ....�.....�L.;�z,/iifOiii�iiii�fiiiiiBffiffiiiiiii...Iiliii�i /k///.ilt= ,:.�F_z, iiifiiiiiiiiiffiiffiifi •'�'fiii�iiiiEE iiu.D iifiif�iiii�iii�����i�ii�i////�, =�'E i � iii/ 111. iiiliif�iliiiiV�li "' .6212.Yliv!' 1!! ii11.6i�1ii�ii�iii�iliililiif i /� "t • =': EWrIMM FTE 1TS 1.A 1TS 1.65 1.66 x01 201 ;1m S�,,y� 2W ;l0 20S 161 291 2a2 26S 23S 2T2 2T2 2d9 25S R3S/ ;6 26 2d 25 25 26 01 25 R ,S 1.6 td 1.1 1.1 OA Ol S, 0 0 I,W -' Ttl50516 RWnnafw BtgSrw 500 500 500 600 100 600 500 600 500 SOD 600 Sp 000 510 000 Sp 600 600 500 S O 600 500 S70 600 60D SID 500 600 300 500 300 100 100 100 12.055 11Face gT8YIProl.Bu126 AN YnNF FTE SSW 1061E 202 2.525amatia 5E+Om.lebta7Ml 5 5.214011 sanap R10 1 ;578.514Warm 0 IA _0120 111 42,1:04.518 01,40.1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 16-179 Council Approval 12/12/16 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. Scone 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. 5 74 el ,„,.? k C/47/9 -e -j 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 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 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. 13. 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 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. rt..r DATED this 02 of day of D - C -e-' 1 b _ , 20 40. CITY OF TUKWILA Attest/Authenticated: CONSULTANT By: C/(Az( Printed Name: Title: G2 "bbeS/;41f-/0 Approved as to Form: City Clerk, Christy O'Flahe Office of the City Attorney CA revised : 1-2013 Page 5 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 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 SO1 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.