HomeMy WebLinkAbout18-059 - RH2 Engineering - Central Business District Rehabilitation Construction ManagementCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
ORIGINAL I PAGE NO 1 OF ,PAGES
Contract Number: 18-059(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and RH2 Engineering, Inc.
That portion of Contract No.18-059 between the City of Tukwila and RH2 Engineering, Inc.
is amended as follows: The time for completion of the project is extended from
December 31, 2018 to April 15, 2019.
All other provisions of the contract shall remain in full force and effect.
Dated this /t ' day of r-Ptc-e--mb-e-
, 20 /cY
CITY OF TUKWILA CONTRACTOR
41.
\ci Iry
Printed Name: Richard L. Ballard
74c,/ G/e/6/A/4--cs
Page 1 of 1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
ORIGINAL 1 PAGE NO 1 OF 1 bPAGES
Contract Number:18-059
Council Approval 4/16/18
CONSULTANT AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE 2018 CBD Sewer
CIPP Lining — SDC
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and RH2 Engineering, 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 the engineering
services in connection with the project title 2018 CBD Sewer CIPP Lining — SDC.
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. The
Consultant shall perform all services and provide all work product required pursuant to this
Agreement no later than December 31, 2018 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 $79,949.00 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.
Seo c4Z/6/4//9
ORIGINAL PAGE NO 2—OF LOPAGES
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
ORIGINAL 1 PAGE NO 3 OF / °PAGES
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
ORIGINAL 1 PAGE NOLI OF 1 °PAGES
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:
RH2 Engineering, Inc.
22722 29th Drive SE, Suite 210
Bothell, Washington 98021
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
DATED this /1 day of AP i7 I
ORIGINAL) PAGE NO5 OF jD PAGES
CITY OF TUKWILA CONSULTANT
Allan Ekberg, Ma
Attest/Authenticated:
,20/3
Printed Name: -I%_4 -T€ 4- gall e-''��
Title: D;
Approved as to Form:
City Clerk, Christy O'Flaherty
CA revised : 1-2013
Office of the City Attorney
Page 5
ORIGINAL I PAGE NO ( OF 1°PAGES
EXHIBIT A
Scope of Work
City of Tukwila
2018 CBD Sewer CIPP Lining - Services During Construction
March 2018
Background
The City of Tukwila (City) has awarded a contract to Michels Construction, using the design -bid -build process,
to construct the 2018 Central Business District cured -in-place pipe lining project. Work is anticipated to start
in this summer and to continue for two (2) to three (3) months. RH2 Engineering, Inc. (RH2) was selected to
perform the construction inspection and administration for this project under the direction of the City's
Project Manager (PM). The following is a scope of work to provide onsite construction inspection and
construction administration to the City for this project.
Task 1— Services During Construction (SDC) for Central Business District Sanitary
Sewer Rehabilitation
Objective: Assist the City with technical efforts during construction of the Central Business District Sanitary
Sewer Rehabilitation project, including on-site construction inspection.
Approach:
1.1 Pre -construction Meeting — Prepare for and lead one (1) pre -construction conference. Prepare an
agenda and meeting minutes for the pre -construction conference.
1.2 Submittal Review — Review shop drawings, submittals, and change order proposals of those items
requested in the technical specifications. Provide a written response to the contractor and the City
for each shop drawing and submittal reviewed.
1.3 Requests for Information and Pay Requests — Review written requests for information (RFIs) and
quantities for pay requests and provide written responses to the contractor and the City following
City review. Generate pay estimates for processing by City's PM.
1.4 Modify contract drawings to include work performed as recorded by the onsite construction inspector
and from verified contractor notes.
1.5 Construction Observation — Provide on-site construction inspection and associated administrative
duties, including: observation of the contractor and its subcontractors, bid item quantity tracking,
communications with City staff, and other tasks required in the field.
1.6 Establish quantity tracking spreadsheet and/or other pay note records as required to keep tally of
daily totals of contract bid items. Establish data measurement and recording protocols in manner
approved by City.
Assumptions:
• The City is performing the lead role in construction management and contract administration. RH2 is
performing all on site duties of inspection and project coordination under the supervision of the City.
• For Task 1.5, construction is assumed to last approximately ten (10) hours each day for twenty-five
(25) days during two separate phases of work. The first phase is expected to be roughly one week and
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Client Name
Project Name
ORIGINAL I PAGE NO 1OFL 2 PAGES
Exhibit A
Scope of Work
will investigate and verify the assumptions of the design. The second phase will be to carry out all
other scope of the construction contract. An RH2 Engineering, Inc., (RH2) team member will be present
at all times during on site investigation and construction.
• Construction phase services are variable in nature and depend in part on the contractor's approach to
the project. RH2's estimate is based upon previous experience with Michels Construction and their
construction approach and effort.
Provided by the City:
• Approve RFI responses to the contractor.
• Help to process the contractor's pay requests once quantities have been recorded and agreed to by
RH2 and Michels.
RH2 Deliverables:
• Pre -construction conference administration and documentation, including pre -construction
conference meeting agenda and minutes.
• On-site construction inspection and associated reports.
• Pay note records and Pay Estimate ledgers
• Initial coordination and responses to construction and materials submittals, RFI's and other project
correspondence.
• Design revisions as required to address changed conditions subject to the Management Reserve
protocol discussed below.
• Utility and/or permit field coordination in support of the project scope and objectives.
• Meetings and correspondence with the City and contractor, as needed, within the budgeted hours
identified in Exhibit B — Fee Estimate of Time and Expense.
Task 2 — Project Management for Central Business District Sanitary Sewer
Rehabilitation
Objective: Coordinate with City staff; monitor scope, budget, and schedule; review and issue construction
management (CM)/construction engineering (CE) invoices; and maintain project files and records for the
Central Business District Sanitary Sewer Rehabilitation project.
Approach:
2.1 Coordinate with City staff on schedule, progress, and technical questions.
2.2 Prepare for and attend two (2) construction progress meetings. Prepare an agenda and meeting
minutes for the construction progress meetings.
2.3 Prepare CM/CE invoices. Review for consistency and monitor budget spent. Provide monthly status
updates.
Provided by the City:
• Attendance at construction meetings by members of the City's staff.
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Client Name
Project Name
ORIGINAL! PAGE NOX,OFi. 6 PAGES
Exhibit A
Scope of Work
Task 3 — Management Reserve
Objective: RH2 has specified a contingency as part of the Fee Estimate to accommodate for changed
conditions or unforeseen complications that may arise during the project. In this event, RH2 will notify the
City of the time and expense warranted to address the new issue(s) that arise and will request to authorize
use of the contingency funds. RH2 will not attempt to address these issues without the City's prior
authorization. RH2's PM will contact the City via email to request access to these funds should the need arise.
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ORIGINAL PAGE NO ID OF10PAGES
EXHIBIT C
RH2 ENGINEERING, INC.
2018 SCHEDULE OF RATES AND CHARGES
RATE LIST
RATE
UNIT
Professional 1
- $138
$/hr
Professional 11
$153
$/hr
Professional III
$164
$/hr
Professional IV
$175
$/hr
Professional V
$191
$/hr
Professional VI
$203
$/hr
Professional VII
$219
$/hr
Professional VIII
$230
$/hr
Professional IX
$230
$/hr
Technician I
$100
$/hr
Technician II
$107
$/hr
Technician III
$132
$/hr
Technician IV
$140
$/hr
Administrative I
$69
$/hr
Administrative II
$81
$/hr
Administrative III
$96
$/hr
Administrative IV
$114
$/hr
Administrative V
$131
$/hr
CAD/GIS System
$27.50
$/hr
CAD Plots - Half Size
$2.50
price per plot
CAD Plots - Full Size
$10.00
price per plot
CAD Plots - Large
$25.00
price per plot
Copies (bw) 8.5" X 11"
$0.09
price per copy
Copies (bw) 8.5" X 14"
$0.14
price per copy
Copies (bw) 11" X 17"
$0.20
price per copy
Copies (color) 8.5" X 11"
$0.90
price per copy
Copies (color) 8.5" X 14"
$1.20
price per copy
Copies (color) 11" X 17"
$2.00
price per copy
Technology Charge
2.50%
% of Direct Labor
Mileage
$0.545
price per mile
(or Current IRS Rate)
Subconsultants
15%
Cost +
Outside Services
at cost
Rates listed are adjusted annually.