Loading...
HomeMy WebLinkAbout19-010 - Cooper Zietz Engineers - Pedestrian Bridge Construction ManagementCity of Tukwila Contract Number: 19-010 Council Approval N/A ' 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Cooper Zietz Engineers, Inc. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the City to perform Construction Management services in connection with the project titled TUC Pedestrian/Bicycle Bridge. 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 Aareement, Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending September 30, 2019, 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 September 30, 2019 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 $39,450.00 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. 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. 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 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. GA revised : 1-2013 Page 3 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: Jeff Faunce Cooper Zietz Engineers, Inc. dba AKANA 345 118`h Avenue, SE, Suite 130 Bellevue, WA 98005 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. GA revised : 1-2013 Page 4 DATED this day of un, 20 . CITY OFIKWILA CONSULTANT By 1 Allan Ekberg, Mayor Printed Name:' Title: 411"I `C / - eL / -) Attest/Authenticated: City �1erk, Christy O'Flaherty CA revised : 1-2013 Page 5 Please see attached AKANA Scope of Services (AKANA Exhibit A) Exhibit A Scope of Work Project No. Agreement Number: WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 1013012014 EXHIBIT A SCOPE OF SERVICES Construction Management Services Tukwila Urban Center Pedestrian/ Bicycle Bridge Akana (CONSULTANT) will provide ongoing professional Construction Management (CM) Services for the City of Tukwila (CITY). These services will include CM, contract administration, field observation, documentation, and reporting as required during the "Tukwila Urban Center Pedestrian/Bicycle Bridge project". All services will be provided in accordance with City of Tukwila standards, and the Washington State Department of Transportation's (WSDOT) Local Agency Guidelines and Construction Manual. Consultant will be providing Jeff Faunce, Mindy Corey to assist in the performance of the duties listed below. Project Description The project includes final close out and construction of Tukwila Urban Center Pedestrian/Bicycle Bridge. The project included the building of a new steel arch bridge over the green river, resolution of final punchlist items and liquidated damages discussions and preparation of documents. Main completion items are the, rain gardens, and decorative pedestrian and security illumination. 200 Construction Management Administration: 201 CONSULTANT will prepare a Progress Pay Estimates for work performed by Contractor. Under the provisions of this contract up to an additional total of (2) invoices shall be prepared. These will be completed once CONSULTANT and Contractor have reached agreement on estimate quantities. 202 CONSULTANT will continue to monitor Contractor and Sub -Contractor's employment documentation for adherence to contract requirements. Monitoring will include: A. Maintaining Employment Documentation Log. B. Collecting, reviewing and approving (or rejecting) Requests to Sublet. C. Collecting Certified Payrolls to verify that they meet contract wage requirements. D. Collecting Statements of Intent to pay prevailing wages. E. Collecting Affidavits of Wages Paid. 203 CONSULTANT will continue to review and respond to Requests for Information (RFIs) submitted by the Contractor. Responses will include technical interpretations of the drawings, specifications, and Contract Documents. The CONSULTANT will update the RFI Log as RFIs are submitted and resolved. 204 CONSULTANT will monitor issues that may eventually have impacts to the project budget or schedule. These issues will be documented Information included in the Log will be: A. An assigned number that will be used to track each issue separately. B. The date the issue became known. C. A description of the issue. D. An estimate of the lowest cost necessary to resolve the issue. If resolution creates an overall decrease to the budget, this amount would be negative. E. An estimate of the highest cost necessary to resolve the issue. F. An estimate of the issue's impact on Working Days. G. A summary of project documents that relate to the issue. H. Comments relating to the issue. 205 CONSULTANT will prepare Change Orders and will include the CITY in the process of Change Order negotiation and preparation. Items tracked using the Issue Log may eventually become Change Orders. CONSULTANT Change Order work will include: A. Scheduling and conducting negotiation meetings. The CONSULTANT will create and distribute meeting agendas and minutes. B. Preparation of independent Engineer's Estimates. C. Compilation of Change Order back-up. This will include, but is not limited to i. Engineer's Estimates ii. E-mail correspondence iii. Extra Work Orders from Contractor iv. Design Change Documents v. Meeting Minutes D. Preparation of Change Order Justifications. (6 change order included in cost) Justifications will include: (AECOM) i. A description of the change. ii. An evaluation of what is required by the Contract. iii. An explanation as to why a Change Order is necessary. iv. Descriptions of considered alternatives to a Change Order. v. The reasons for entitlement; why the work cannot be paid for under the existing contract. vi. The names of those that approved the Change Order. vii. An evaluation of impact to Working Days. viii. Change Order back-up. E. Writing the Change Orders and providing them to CITY for edits and/or concurrence. F. Obtaining the necessary signatures for execution once concurrence has been given by the CITY. G. Maintaining the Change Order Log. 300 Construction Services - Field: CONSULTANT will provide part time Inspection CONSULTANT will prepare Field Note Records that detail Contractor's completed work for inclusion in monthly Pay Estimates. Field Note Records will internally be checked for accuracy prior to being entered into Pay Estimates. 301 Prior to monthly Pay Estimate completion, the CONSULTANT will coordinate with each of the Contractors to reach agreement on the Pay Estimate quantities. 302 CONSULTANT will take photos of construction progress and will maintain them electronically in an orderly fashion. Upon completion of the project, these photos will be burned to discs that will be included in the hard -copy files. 303 CONSULTANT will review the Contractor's As -Built drawings. Drawings will be checked for accuracy and to determine if they reflect as -constructed conditions. 500 Project Completion: Assist the CITY with the close-out of the project. Items of work include the following: 501 CONSULTANT will coordinate with the CITY, and the Contractor to resolve outstanding project issues. This includes up to (2) Project Closeout Meetings. The CONSULTANT will prepare and distribute the agendas and minutes. 502 CONSULTANT will coordinate with the Contractor to obtain all outstanding project documentation. 503 CONSULTANT will prepare a Punch List of work items for the Contractor. This list will be created with input from the CITY. Creation of the list will include 1 initial project walkthrough and up to 2 follow-up walkthroughs to ensure Punch List work is complete. The list may still be revised after it has been issued to the Contractor. 504 CONSULTANT will prepare a Letter of Physical Completion for issuance by the city. This letter will denote that the Contractor's work is completed. 505 CONSULTANT will take photos of completed project and will maintain them electronically in an orderly fashion. Upon completion of the project, these photos will be burned to discs that will be included in the hard -copy files. 506 City's Engineering Firm will backdraft the As-Builts to create a Record Drawings for city records upon issuance of Physical Completion and the CONSULTANT will perform a review of the drawings for accuracy. 507 CONSULTANT will prepare the Final Pay Estimate and Voucher. Prior to being issued to the Contractor, drafts of these items will be routed to the CITY for review/approval. 508 CONSULTANT will review the project records to verify that they are complete. This will be a last check before hard -copy files are transferred to the CITY. 509 Attend a wrap up meeting with the CITY. 800 Optional Field Services: Upon written approval from the CITY, the CONSULTANT shall provide engineering services beyond the work identified above. Services may include the addition of new tasks; additional working days added to the contract or increasing the work effort of the engineering services as directed by the CITY. Such work shall be specified in a written Supplement to this Agreement. Deliverables by Task: • 200 Construction Management Administration 0 201 Up to (2) Pay Estimates • 300 Construction Services — Field o 301 Review of lump -sum breakdowns o 302 Field Note Records 0 305 Inspector's Daily Reports o 306 Disc of construction progress photos • 500 Project Completion 501 Meeting agendas, sign -in sheets and minutes for up to (2) close-out meetings 504 Final Punch List o 505 Prepare Letter of Physical Completion o 506 Disc of completed project photos u 507 Contractor produced As-Builts (Record Drawings) u 508 Final Pay Estimate and Voucher 509 Hard -copies of project files 510 Attend Wrap up meeting 3 Exhibit B Prime Consultant Cost Computations Please see attached AKANA Cast Computation (AKANA Exhibit B) Agreement Number: WSD©T Form 140-089 EF Exhibit B Page 1 of 1 Revised 1013012014 Proposal Fee Estimate Exhibit B AKANA CLIENT Name: City of Tukwila PROJECT Description: Tukwila Pedestrian Bridge Project P12 Proposal/Job Number: Date: 10101118 + 0 January 1, 2018 Rates 0 M u. x LU c 0" 4t x Classification: Total 0 . I � L, .0 u. 0 0 2 - W Hourly Rate: $75 $39 Hours Fees Fees Fees Task 100-pre construction services Preconstruction services 0 $0 $0 so so si.) 00 constructability review $0 So $0 $0 V) $0 value engineering sa I so! 0 $0 $o $0 project cost estimating C1 $0, 1 $ol 1 $0 $0 $0 Task 100 - Subtotal o C) 0 0 01 0 $0 so sol so 940 so so ool Task 200---Construction Services Field office Administration 115 150� 26b $14 475 $l'� 809� $4 343 $784i . . S39 . . $24,97H ....... $3fr74.10 00 Task 200 - Subtotal 115 1 5,o 0 0 0 0 01 0 0 0 265 $14 475 $19,809 � $4,343 $784 $39 $24 975 $39 460 Task 300 -Construction Services Field field CM services ol M $0 SO $0 S0 Ta k 300 - Subtotal 0 U 0 0� 0 U U 01 1) 0 11 so, $0 1 so so $0 $0 so Task materials I— materials s0i $o( $0 $0 $0 Ta k 400. Subtotal 01 0 0 () 0 0 0 U Of $0 $0i so, so $0 $0 $0 Task 500 --Project Completion closeout 1 r ol $0 $0 $0 $0 50 $(.) Task 500 - Subtotal 0 0 It- �17 0 0 01 $0 $0 so so 0 $0 hidden line - task groups end I I I iF--T— All Phases Total 115� 1501 01 0 0 0 0 0 0 -77701 2651 $14,475 $19,8091 $4,343 $784� $39IF77577777T9,450.00