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Home My WebLink AboutTIC 2017-05-09 Item 2C - Agreement - 42nd Avenue South Phase III / Gilliam Creek Culvert Replacement Construction Management with AECOM Technical Services�.pllLq� �yZ City of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Commi jtee FROM: Bob Giberson, Public Works Director�lo/ BY: Peter Lau, Senior Program Manager CC: Mayor Ekberg DATE: May 5, 2017 SUBJECT: 42nd Avenue South Phase III & Gilliam Creek Culvert Replacement Projects Project Nos. 99410303 & 99341208 Construction Management Contract with AECOM Technical Services, Inc. ISSUE Authorize the Mayor to execute a contract with AECOM Technical Services, Inc. (AECOM) for construction management (CM) services for the 42nd Avenue South Phase III and Gilliam Creek Culvert Replacement Projects. BACKGROUND The 42nd Avenue South Phase III and Gilliam Creek Culvert Replacement Projects construction contract was awarded by Council on May 1, 2017 in the amount of $6,827,798.84. The City solicited for CM services from three consultant firms; AECOM, CH2M HILL Engineers, and Jacobs Engineering Group, and interviewed all three firms. AECOM was rated the highest by the cumulative scores of the selection panel. DISCUSSION & FISCAL IMPACT The AECOM contract will include construction engineering, inspection, documentation compliance support, as well as material testing. The fee of $977,154.00 is reasonable for the scope of work provided by AECOM for this complex project. AECOM Contract CM & Inspection CH2M Hill Supplement No. 7 42nd Avenue South Phase III Gilliam Creek Culvert Replacement 0.00 Total $1,027,421.26 CM Expense $977,154.00 50,267.26 Budget $1,072,000.00 150,000.00 $1,222,000.00 RECOMMENDATION Council is being asked to approve the construction management contract with AECOM Technical Services, Inc. in the amount of $977,154.00 for the 42nd Avenue South Phase III and Gilliam Creek Culvert Replacement Projects and consider this item on the Consent Agenda at the May 15, 2017 Regular Meeting. Attachments: Pages 2 & 100, 2017 CIP CM Consultant Selection Scoring Sheet CM Consultant Agreement with AECOM W 9PW Eng \ PROJECTS \A- RW & RS Projects \42nd Ave S Phase III (99410303 94 -RS03) \Construction \Consultant Selection \(005) - CM Consultant Selection \Info Memo AECOM CM 050517 GI.Docx 15 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: 42nd Ave South Phase III Project No. 99410303 DESCRIPTION: Design and construct street improvements, drainage, sidewalks, bike facilities, and driveway adjustments. JUSTIFICATION: Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization. STATUS: Phase III (S /C Blvd (154th) - S 160 St), Design began in 2012, construction in 2017. Project No. 99410303 Phase IV (S 139 St - S 131 PI) in beyond. Project No. 99410301 Phase 1 90-RW15 (S /C Blvd (154) - 144 St) $3,796 & Phase II 94 -RS02 (144 -139) $1,850, both completed. MAINT. IMPACT: Reduce pavement, shoulder, and drainage work. COMMENT: Only Phase 111 is shown in active years. Project includes Surface Water's Gilliam Creek 42nd Ave S Culvert project for $1.3m and is part of the Walk & Roll Plan. Seattle City Light's funding is a 60/40 underground split. FINANCIAL Through Estimated (in $000's) 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Phase IV Design 1,000 125 1,125 Land (R /W) 100 100 Const. Mgmt. 750 322 560 1,632 Construction 2,534 1,086 3,800 7,420 Undergrounding 2,467 1,057 3,524 TOTAL EXPENSES 1,000 125 5,851 2,465 0 0 0 0 4,360 13,801 FUND SOURCES Seattle City Light 1,077 462 1,539 Surface Water 144 4 148 Other Utilities 1 150 136 287 Bond 4,600 1,800 6,400 City Oper. Revenue 855 121 24 67 0 0 0 0 4,360 5,427 TOTAL SOURCES 1,000 125 5,851 2,465 0 0 0 0 4,360 13,801 2017 - 2022 Capital Improvement Program 2 16 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Gilliam Creek 42 Ave S Surface Water Culvert Project No. 99410303 99341208 DESCRIPTION: Design and replace the 36 -inch surface water culvert under 42 Ave S /Gilliam Creek. Combining this project with the Residential Street Project 42nd Ave S Phase III. JUSTIFICATION: The existing concrete pipe sections are separating and cracked which could erode the 42 Ave S fill and lead to loss of roadway. STATUS: Project is currently under design with construction scheduled to begin in 2017. MAINT. IMPACT: Expected to decrease maintenance. COMMENT: State Fish & Wildlife hydraulic project approved (HPA) permit will be required. Replacement will require a fish passable structure. FINANCIAL Through Estimated (in $000's) 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 144 31 175 Land (R /W) 0 Const. Mgmt. 135 15 150 Construction 8 900 100 1,008 TOTAL EXPENSES 152 31 1,035 115 0 0 0 0 0 1,333 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 152 31 1,035 115 0 0 0 0 0 1,333 TOTAL SOURCES 152 31 1,035 115 0 0 0 0 0 1,333 2017 - 2022 Capital Improvement Program 100 17 Construction Management (CM) Service Interviews: AECOM Technical Services, CH2M HILL Engineers and Jacobs Engineering Group were interviewed by the City, to compete for the selection of CM Consultant for the 40th - 42nd Avenue South Phase 3 Project. Two evaluation criteria were used in the interview process: 1. Qualifications of the proposed CM team, and available support from the Consultant firm - 60 points. 2. Demonstration of the Consultant's understanding for the construction project - 40 points. Below are the ranking scores rated by the 3 Interview Panelists, based on the performances of these 3 firms: Cyndy Knighton Mike Ronda Peter Lau CM Consultant Candidates Ranking Summation Finalized Ranking AECOM Technical Services 2 1 1 4 1 CH2M HILL Engineers 3 3 3 9 3 Jacobs Engineering Group 1 2 2 5 2 As a result, AECOM Technical Services was selected as the CM Consultant for the 40th - 42nd Avenue South Phase 3 Project. Fos City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and AECOM Technical Services, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform construction management services in connection with the project titled 42" Avenue South Phase III Project. 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, 2018, 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. 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 $977,154.00 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. 19 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 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: 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. CA revised : 1 -2013 Page 2 20 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. 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 21 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: AECOM Technical Services, Inc. 1111 Third Avenue Suite 1600 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 Page 4 22 DATED this day of , 20 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor By: Printed N. e: Title: Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1 -2013 Page 5 23 40th — 42ND Avenue South — Phase III City of Tukwila Exhibit A -1 SCOPE OF SERVICES Construction Management and Contract Administration Services for the 40th — 42nd Avenue South — Phase III City of Tukwila AECOM Technical Services, Inc. ( "Consultant ") proposes to provide to the City of Tukwila, Washington ( "Client ") construction management services for the 40th — 42nd Avenue South — Phase III, Construction of approximately 2,250 linear feet of street improvements within the right -of -way of 42nd Avenue South — S. 160th Street to Southcenter Boulevard, including but not limited to clearing and grubbing, grading, drainage, paving with HMA, installing curb, gutter and sidewalks, undergrounding of overhead power and communications, sanitary sewer, water main, retaining walls, landscaping, signing, striping, illumination, installation of a fish passible culvert and other work necessary to complete the Work as specified and shown in the Contract Documents, (hereinafter called "Project "). These services will include inspection, construction management, and contract administration assistance during the construction of the project as detailed in the following: I. INTRODUCTION The following scope of services is based upon the assumptions outlined herein. Associated costs are detailed in EXHIBIT E -1. Assumptions: • The proposed project team will include a part -time resident engineer and full time construction inspector. An allowance for materials testing are included in this scope. • A standard working week for project staff is 40 hrs. Should the Client direct fewer hours, the Consultant will not guarantee to perform all of the scope items. The labor hours proposed by the Consultant are an estimate only and are subject to change based on the actual construction schedule and working hours of the Contractor. • Services will be performed in accordance with the Local Agency Guidelines (LAG) and the WSDOT Construction Manual, City of Tukwila standards, and as required per the Project Plans and Specifications. • An assumption for geotechnical engineering support has been included in this scope. These as- requested services are limited to recommendations pertaining to constructability, construction issue resolution, and review of contractor submittals for compliance with the contract documents. • Design by Others: It is understood and agreed that the Consultant did not prepare the Contract Documents for the project, and the Client will provide the Consultant the support of the Engineer -of- Record during the course of the Consultant's work. I. DETAILED SCOPE OF WORK Subtask 1 — Administration /Quality Control Consistent with the hours shown in EXHIBIT BE 1, the Consultant shall provide overall project management and contract administration associated with the service agreement between the Consultant and the Client. This effort will include, but not limited to, the following elements: 1.1 Prepare of Consultant invoicing and progress reporting to the Client. 1.2 Perform internal administration of the Consultant's Task Order. 1.3 Prepare any supplements to the Consultant's Task Order. Page 1 of 6 Updated: 5/3/20175/2/2017 24 40th — 42ND Avenue South — Phase III City of Tukwila 1.4 AAttend the pre- construction conference. 1.5 Make periodic field visits and conduct project reviews for the quality of services provided by AECOM and consistency with AECOM's project quality plan. Subtask 2 — Document Control Consistent with the hours shown in EXHIBIT BE-4, the Consultant shall provide document control services including, but not limited to, the following elements: 2.1 Process; track and archive construction records including: Inspectors Daily Reports (IDR's); Requests for Information (RFI's); Submittals; Requests for Approval of Materials (RAM's); Statements of Working Days. Consultant shall maintain submittal and RFI logs to track when documents are received and returned to the contractor. 2.2 Compile and review inspector pay quantity and force account records, and prepare monthly contractor progress pay estimates. 2.3 Review and archive project record documentation associated with prevailing wage reporting, including Requests to Sublet, Intents to Pay Prevailing Wage, Certified Payroll, Affidavits of Wages Paid, and Contractor employee wage interviews. 2.4 Review and archive Certificates of Materials Origin tracking and reconcile against the Projects Record of Materials prepared by others. 2.5 AAttend, and provide minutes for the preconstruction conference: and up to 32 weekly contractor construction progress meetings. 2.6 Maintain a material testing log that tracks the test date, type of material test, test result, specification requirement and action taken if a failed result is received from the material testing consultant. 2.7 Maintain a list of approved change orders and potential change orders. Potential change orders will have a force account estimate of the extra work related to that item(s), until an approved change order is executed. 2.8 Assist with documentation file sharing on cloud storage system or with City of Tukwila Sharepoint site. Subtask 3 — Field Inspection The Consultant shall provide construction inspection services for up to 165 full -time days over a 33 week period (not including the utility suspension period) during the construction phase, consistent with the hours shown in EXHIBIT BE —a. This effort will include, but not limited to, the following elements: 3.1 Prepare daily construction reports recording the contractor's operations performed for each day the Consultant is on site; measure the quantities of materials installed, log equipment and staff present, weather conditions, and any observed problems or construction issues. 3.2 Prepare Daily Payment Notes, Statements of Working Days, and Force Account Records (if necessary). 3.3 Respond to contractor questions which may arise as to the quality and acceptability of furnished materials or work performed per the requirements of the construction contract documents.. 3.4 Respond to general questions raised by adjacent property owners, businesses, or general public. Complaints or detailed questions shall be referred to the Client. 3.5 Prepare field records and documents in accordance with Projects Record of Materials. 3.6 Coordinate with Resident Engineer and Client for changes and updates to the ROM. Page 2 of 6 Updated: 5/3/20175/2/2017 25 40th — 42ND Avenue South — Phase III City of Tukwila 3.7 For each day the Consultant is on site, provide photographs of traffic control set -up and work activities during the course of construction. Photographs will be in digital format and cataloged by date. 3.8 Facilitate the Contractor's coordination of existing utilities within the project boundaries. 3.9 Review the Record of Materials (ROM) against the material testing results provided by the Project's material testing consultant, and advise the Contractor accordingly. 3.10 Visually monitor the Contractor's compliance with Hydraulic Project Approval (HPA), water quality permits and the requirements of the TESC and SPCC Plans. 3.11 Attend up to 33 weekly construction meetings. 3.12 The Construction Inspector shall review monthly pay estimates with the Contractor and provide recommendations to the Resident Engineer and Client. 3.13 Review the Contractor's construction record drawings on a weekly basis. Upon project completion, verify Contractor provided markups accuracy and forward to the Client. The Consultant Inspector will track and record field changes on drawings and use this information to verify the Contractor's construction record drawings. 3.14 Participate in the Project's final inspection and assist in developing a list of any remaining deficiencies. 3.15 Attend pre- construction conference. 3.16 For the days present on site, the construction inspector shall observe day -to -day construction activities. By providing inspection oversight, the Consultant shall assume no responsibility for proper construction techniques or job site safety but will report to the Contractor and Client any known public safety concerns immediately. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the Client a greater degree of confidence that the completed work will generally conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Construction Contractor. 3.17 The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor, but cannot guarantee the Contractor's performance and shall not be responsible for construction means, methods, measurements, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the Construction Contractor and any subcontractors. Subtask 4 — Construction Management Provide construction management services, consistent with the hours shown in EXHIBIT B. This effort will include, but not limited to, the following elements: 4.2 Supervise the Consultant's field personnel assigned to the project. 4.3 Liaison between the Contractor's management and the Client's management personnel, acting as the direct point of contract for both parties. 4.4 Organize and chair the Pre - construction conference 4.5 Review and approve daily construction reports prepared by the construction inspector. 4.6 Respond to contractor questions which may arise as to the quality and acceptability of furnished materials, work performed, and to general questions raised by adjacent property owners or general public. 4.7 Respond to Contractor RFI's, and defer to the Engineer of Record for a response when appropriate. 4.8 Review Contractor submittals, and defer to the Engineer of Record for a review when appropriate. Page 3 of 6 Updated: 5/3/20175/2/2017 26 40th — 42ND Avenue South — Phase III City of Tukwila 4.9 Review ROM and material testing results and advise the Contractor accordingly. 4.10 Review the Contractor's baseline project schedule, and then monitor that schedule throughout the course of the project for compliance with the provisions of the Contract. Monitoring shall include review of periodic schedule updates submitted by the Contractor. 4.11 Chair up to 33 weekly construction meetings. 4.12 Prepare official correspondence to the Contractor and issue upon the Client's approval. 4.13 Issue field directives and stop work notices to the Contractor upon direction of the Client's approval. 4.14 Issue Correction Notices when appropriate. 4.15 Review monthly pay estimates with the Contractor and provide recommendation to the Client for release of payment. 4.16 Supervise contract close -out activities including as -built drawings, final payment, and completion notices. Consultant shall provide the Client, at contract close -out, construction records to the all applicable funding agencies. 4.17 The Consultant shall assume no responsibility for proper construction techniques or job site safety but will report to the Contractor and Client any observed public safety concerns immediately. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the Client a greater degree of confidence that the completed work will generally conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction Contractor. 4.18 The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor, but cannot guarantee the Contractors' performance and shall not be responsible for construction means, methods, measurements, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor and any subcontractors. Subtask 5 — Public Outreach / Client Meetings The Consultant's construction inspector shall provide assistance with project outreach consistent with the hours included in EXHIBIT B. Outreach assistance includes the following: The Consultant shall, under direction of the Client, assist with delivering informational flyers for the upcoming construction activities, road closures, temporary traffic controls, and other pertinent information. The Consultant shall also assist the Client in responding to questions and issues raised by private citizens and local businesses relative to the Project and provide monthly updates to the city for use on city webpage updates. Subtask 6 — Change Order Resolution The Consultant shall prepare change orders and associated change order backup documentation consistent with the hours provided in EXHIBIT B. This includes change order plans and specifications, independent engineer's cost estimates, negotiations, and justification memos. Subtask 7 — Electronic Record Drawings The Consultant shall provide electronic as -built mark ups on the CAD files (CAD files provided by others) utilizing as -built plans provided by the contractor. Along with the electronic files, the Consultant shall provide mylar hard copies of the electronic as- builts. The Consultant is not responsible for any changes to the plans or stamping of any plan revisions that may occur as the work progresses. If this is required, this shall be done by others. Page 4 of 6 Updated: 5/3/20175/2/2017 27 40th — 42ND Avenue South — Phase III City of Tukwila Subtask 8 — Claims /Disputes Support No services are provided under this section. Subtask 800 — Materials Testing The Consultant will retain a materials testing subconsultant to perform soil and concrete testing which includes, but not limited to: gradations, in -place density, Proctor compaction tests, concrete air entrainment, concrete test cylinders, and asphalt composition. These services are budgeted as an allowance and the actual costs of the testing effort may vary. The Consultant shall advise the Client regarding the status of the materials testing budget to allow funds to be added or removed as necessary. III. Consultant Deliverables; including but not limited to: Inspector Daily Reports ii. Construction Photographs Weekly Meeting Minutes and Agendas iv. Submittal, RFI, and Material Testing Logs v. Change Order and Potential Change Order Log vi. Declaration of Substantial Completion vii. Monthly Contractor Pay Requests with field note record and quantity documentation viii. Punch -lists and tracking documentation ix. Physical Completion Letter and Recommendation of Final Acceptance Letter x. All Project Records received from the Contractor described under Subtask 2 xi. Electronic CAD Record Drawing Files and Mylars IV. Responsibilities of the Client Provide CM oversight and approval authority for all construction activities. ii. Manage the Designer -on- Record team as part of the Project Designer's on -call design support and architectural submittal review. Process all contract documents through the City's approval process (e.g. CM services invoices, construction contract, monthly pay estimates, change order execution, cost reduction proposals, time extensions, etc.). iv. Provide preferred forms and formats, and filing structure to the Consultant. v. Oversee the Consultant on conducting schedule evaluation, monitoring, and evaluate Time Impact Analysis for changes. vi. Provide and assist the Consultant in utility coordination with third -party utilities under project specific or franchise agreements. vii. Review the Pre - Construction Conference agenda and all hand -out materials, before the Consultant conducts the Pre - Construction Conference. viii. Coordinate and schedule any public meetings required before, during and after construction. ix. Provide operations & maintenance interface with other City Staff for ongoing project issues. Page 5 of 6 Updated: 513/20175/2/2017 28 40th — 42ND Avenue South — Phase III City of Tukwila V. Assumptions a. Staffing levels are anticipated in accordance with the attached budget estimate (Exhibit B). b. The level of effort required will not exceed the approved budget without prior approval by City. The approved budget is based upon a 165 Working Day construction contract with zero (0) Unworkable Days. Work is anticipated to begin construction in June 2017. Should further services be required, or should construction run longer than this time period, and if costs exceed the approved budget, the City will negotiate a supplement to this Agreement. c. The City will provide field office_, intcrnct access, printing, and scanning capabiliticsand parking for field personnel. d. Consultant has the authority to shift budget between work tasks provided the overall project budget remains unchanged. e. Project closeout will be completed within 30 calendar days following issuance of substantial completion. Should further services be required, or should closeout run longer than this time period, and if costs exceed the approved budget, the City will negotiate a supplement to this Agreement. ef. Items and Services City will provide: i. All construction survey is provided by the Contractor, except as requested by the City for the Consultant to provide field- verification survey. Field verification survey costs are not included in the budget. If costs exceed the approved budget, the City will negotiate a supplement to this Agreement. ii. The City will provide the Record of Materials (ROM) assembled by WSDOTL unless the City requires the Consultant to put together the ROM for this construction project. If preconstruction costs exceed the approved budget because of additional time required for ROM assembly, the City will negotiate a supplement to this agreement. f- Design by Others: It is understood and agreed that the Consultant did not prepare the Contract Documents for the project, and the City will provide the Consultant the support of the Engineer -of- Record during the course of the Consultant's work. The City is responsible for managing the Design Team. g:h. Vehicle usage will be billed at an hourly rate for those working on the project requiring usage of vehicle as estimated in EXHIBIT B. Page 6 of 6 Updated: 513/20175/2/2017 29 Exhibit B A=COM City of Tukwila BUDGET FOR SERVICES 40th - 42nd Avenue South - Phase III Construction Inspection and Administration Services Task 1: Project Management/Quality Control Employee Classification Hours Rate Cost (DSC) Tyron Bardwell Senior Construction Manager 128 $ 86.20 $ 11,034 Patty Coughlin Administrator 25 $ 29.63 $ 741 153 $ 11,775 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 149.10% Fee Rate x DSC of 30.00% Labor Subtotal - Project Management/Quality Control Fee: x $ 11,774.75 $ 17,556 x $ 11,774.75 $ 3,532 $ 32,863 Task 2: Document Control Employee Classification Hours Rate Cost (DSC) Alex Juan Office Engineer 1,168 $ 33.66 $ 39,315 1,168 $ 39,315 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 119.67% Fee Rate x DSC of 30.00% Labor Subtotal - Document Control Fee: x $ 39,315.00 $ 47,048 x $ 39,315.00 $ 11,795 $ 98,158 Task 3: Field Inspection Employee Classification Hours Rate Cost (DSC) Jeff Vaughn Construction Manager 1,650 $ 58.09 $ 95,849 Alex Juan Inspector 403 $ 33.66 $ 13,565 2,053 $ 109,414 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 119.67% Fee: Fee Rate x DSC of 30.00% x $ 109,413.50 $ 130,935 x $ 109,413.50 $ 32,824 Labor Subtotal - Field Inspection $ 273,173 Task 4: Construction Management Employee Classification Hours Rate Cost (DSC) Tyron Bardwell Senior Construction Manager 512 $ 86.20 $ 44,134 Shoaib Akram Construction Manager 2,170 $ 61.91 $ 134,345 2,682 $ 178,479 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 149.10% x $ 44,134.00 $ 65,804 OH Rate x DSC of 119.67% x $ 134,344.70 $ 160,770 $ 226,574 Fee: Fee Rate x DSC of 30.00% x $ 178,478.70 $ 53,544 Labor Subtotal - Construction Management $ 458,596 30 Exhibit B A=COM City of Tukwila BUDGET FOR SERVICES 40th - 42nd Avenue South - Phase III Construction Inspection and Administration Services Task 5: Public Outreach Employee Classification Hours Rate Cost (DSC) Shoaib Akram Construction Manager 40 $ 61.91 $ 2,476 Alex Juan Office Engineer 40 $ 33.66 $ 1,346 80 $ 3,823 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 119.67% Fee: Fee Rate x DSC of 30.00% x $ 3,822.80 $ 4,575 x $ 3,822.80 $ 1,147 Labor Subtotal - Public Outreach $ 9,544 Task 6: Change Orders Employee Classification Hours Rate Cost (DSC) Shoaib Akram Resident Engineer 80 $ 61.91 $ 4,953 Alex Juan Office Engineer 160 $ 33.66 $ 5,386 240 $ 10,338 OH Rate x DSC of 119.67% x $ 10,338.40 $ 12,372 Fee: Fee Rate x DSC of 30.00% x $ 10,338.40 $ 3,102 Labor Subtotal - Change Orders $ 25,812 Task 7: Electronic As- Builts Employee Classification Hours Rate Cost (DSC) TBD CAD Operator 80 $ 30.00 $ 2,400 80 $ 2,400 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 149.10% Fee: Fee Rate x DSC of 30.00% x $ 2,400.00 $ 3,578 x $ 2,400.00 $ 720 Labor Subtotal - Electronic As- Builts $ 6,698 Labor SubTotal $ 904,845 2018 Labor Escalation (Estimate 2.5% increase for 2018 labor rates) $ 9,032 Task 800: Materials Testing Materials Testing & Consulting, Inc. Task 900: Other Direct Costs Vehicles ($6 /hr for field work, tasks 3, 4, 5, & 6) Printer /Scanner (estimate $150 /mo for 13 months) Expenses (Misc Supplies) LaborTotal $ 913,877 Cost $ 30,000 $ 30,000 Hours Rate Cost 5,055 $ 6.00 $ 30,327 $ 1,950 $ 1,000 $ 33,277 Direct Costs Total $ 63,277 Grand Total $ 977,154 31 32 EXHIBIT B City of Tukwila BUDGET FOR SERVICES Time Summary Preconstruction Post Construction Post Construction May June July August September October November December January February March April May June July August Weeks from NTP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Working Days from NTP 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 120 125 130 135 140 145 150 155 160 Ty Bardwell - PM /RE Patty Coughline, Administrator Jeff Vaughn, Inspector Shoaib Akram, Assist RE Alex Juan, OE /Inspection 8 8 8 16 16 8 8 8 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 8 8 8 8 8 8 8 8 4 4 4 4 4 4 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 6 2 1 1 1 1 1 1 1 1 1 1 1 1 1 4 20 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 30 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 20 20 40 40 40 40 40 40 40 40 20 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 30 40 40 40 40 32 32 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 20 20 8 8 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 30 40 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 TBD, CAD Operator 40 40 TBD, Inspection Support 0 0 0 0 0 0 0 0 0 0 0 0 0 0 subtotal