HomeMy WebLinkAbout20-125 - RH2 Engineering, Inc - Construction Management Services: 2020 Commerical Business District (CBD) Sanitary Sewer CIPP Lining Phase 4 ProjectCity of
, Tukwila
6200 Southcenter Boutevard, Tukwila WA 98188
Contract Number:
20-125
Council Approval 11/16/20
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, VVaohinQton, hereinafter
referred to as "the City", and RH2 Engineering, Inc., hereinafter referred to as the Connu|tant'', 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 2020 CBD Sewer CIPP Lining
Phase 4.
2. Scope of Services. The Consultant agrees to perforrn th,e 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 June 30, 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
nolater than June 30.2O21 unless an extension of such time is granted in writing hy the City,
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as foliows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached herotn, provided that the total amount of payment to the Consultant shall
not exceed $64,508.00 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 Consuttant 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 pedbnned,
services rendered, and for all mmteria|o, oupp|iea, 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 dooumenha, dnawings, 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 nopiea, including reproducible
oopion, of drawings and specifications for inhormahon, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
donuments, dnawingo, specifications or other materials by the City on any project other than
the pjeotopecifiadinthioAOrmemant.
6. Compliance with Laws. The Consultant shallin performing the services contemplated by
this AQroemont, faithfully observe and comply with all fodnna|, 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 offioora,
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 Agrooment, 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 liobility for daniages arising out of bodily injury to peroono or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its Wfioem, officja|s, emp|oyees, 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 RCVV, 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 Agre*ment,
insurance against claims for ijuries to persons or darnage to property which may arise from
or in connection with the performance of the work hereunder by the Cnnsu|1unt, its mgontn,
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
Iaw or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the Iimits 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 mwned, non'mwned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) forrn CA 00 01 ore
substitute form providing equivalent liability coverage. If neoesnary, the policy
shall be endorsed to provide contractual iability coverage.
2. Commercial General Liability insurance with limits nnless than $2.UOO.O0Oeach
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at east as broad as ISO occurrence forrn CG 00 01 and shall
cover Ilability arising from premises, operations,stop-gap independent contractors
and personal injury and advertising injury. The City shall he narned as ari
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsernent at Ieast as broad as SO endorsement forrn CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
4. Professional Liability with limits nmless than $2/00X).8O0per claim and $2.00O.U80
pocy aggregate limit.Professiona Liability insurance shaI be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimurns shown above, the Public Entity shall be insured for
the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Conhootor, irrespective of whether such limits maintained by the
Contractor are greater than those required by this Contract or whether any certificate of
insurance furnished to the Public Entity evidences limits of liability lower than those
maintained by the Contractor.
C. Other insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to ountain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any |nsunanoe, se!Anouranne, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not he contributed or cornbined with it,
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current &M.
Best rating of not Iess than A:VIl.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endoroen`eutn, including but not necessarily limited to the
additional insured endorement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish *ertified copies of all required insurance policies, including endorsements,
required iri this Agreement and evidence of all subcontractors' coverage.
F. 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.
G. 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 breoch,
immediately terminate the contract or, at its diourmMon, 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 Consultarit from the City.
3.
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 progrnno, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Aqainst Contingent Fees. The Consultant warrants that he has not employed or
retained any company or pmroon, other than a bonafide employee working solely for the
Conau|tmnt, to solicit or secure this nonbact, and that he has not paid or agreed to pay any
company or parson, other than a bonafide employee working solely for the Connu|tmnt, any
fee, nonlmiooion, percenbxgo, 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 Iiability, or in its discretion
to deduct from the contract price or consideration, or otherwise renover, the full amount of
such fee, oommiouion, pevoantoge, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
Discrimination Prohibited. CnntriaeXorConou|kanL with regard to the work performed by
it under this Agreement, will not discriminate on the grounds of race, pe|igion, rmaed, co|or,
national origin, age, veteran ohahus, sex, sexual orientation, gender identity, marital ototuo,
political a0i|iotinn, the presence of any disabi|ity, or any other protected class status under
state or federal |avv, 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. Te*mination,
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written riotice to the Consultant.
B. In the event of the death of a member' partner or officer of the Conao|tmnt, 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 A0rcmmont, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving mernbers of the Consultant and the City, if the City SO chooses.
15. Applicable Attorney's Fees. This Agreement shal be subject to, and the
Consultant shall at all times comply with, all applicable fodorn|, state and local laws,
regu|ehona, and ru|an, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arb}tnstion, or other proceeding is
instituted to enforce any term of this Agneemen\, 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 Iimited 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 nomp|eUon, expiration or cancellation of this Agnaomont, shall survive termination
of this Agreement.
17. Ngtces, Notices to the City of Tukwila shall be sentto the foliowing address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Corisultant shall be sent to the foliowing address:
RH2 Engineering, Inc.
2272220mDrSE, Ste 21O
Bothell, WA 98021
18. This AOn*mmnt, together with attachments or mddenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior noUotiations, repreoentadonu, 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 May 2020
Page 4
DATED this
CITY OF TUKWILA
30th day of
d.stre....out.assonctoewm:le515,1---"""'
- Allan Ekberg, Mayor 11/30/2020
November 20 20
CONSULTANT
By:
Printed Name: Richard L. Ballard
Title: Director
Attest/Authenticated: Approved as to Form:
06;iezzhett-9
...no, via Saan11.1...o.,,Tom
C}11‘e/te; OSaW6K
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised My 2020
Page 5
EXHIBIT A
Scope of Work
Amendment No. 3
City of Tukwila
2020 CBD Sewer CIPP Lining Phase 4 — Services During Construction
October 2020
Background
The City of Tukwila (City) has awarded a contract to Michels Construction using the design -hi& build
process to construct the Central Business District (CBD) cured -in-place pipe (C|PP) lining project.
Construction is anticipated to start in the coming months and to last for two (2) to three (3) months.
RH2 Engineering, Inc., (RH2) was selected to perform the construction observation and
administration for this project under the direction of the City's Project Manager (PM), The following
is a Scope of Work to provide on-site construction observation and construction administration to
the City for this project.
Deliverables will be provided in electronic MS Word, PDF, and GIS format as appropriate and
requested by the City.
Task 1 — Services During Construction
Objective: Assist the City with technical efforts during construction of the 2030 Central Business
District Sanitary Sewer Rehabilitation Phase 4 project, including part-time on-site construction
observation,
Approach.
1,1 Prepare for and lead one (1) pre -construction conference. Prepare an agenda and meeting
minutes for the pre -construction conference„
1.2 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 submittI reviewed
1.3 Review written requests for information (RF|s) and quantities for pay requests and provide
written responses to the contractor and the City following City review. Generate pay
estimates for processing by the City's PM.
1.4 Modify construction contract drawings to include work performed as recorded by the on-site
constructiori inspectors and from verified contractor notes.
1.5 Provide part-time on-site construction observation and associated administrative duties,
including observation of the contractor and its subcontractors, bid item quantity tracking,
and communications and meetings with City staff. The intent of the on-site observation is to
observe the quality and compliance of the work with the construction contract plans and
specifications. Notify the contractor and the City of any work that has been observed to not
1
`*S/201,0`21.1= b:‘04144TUMI 0814,Co 4444A4444.9 Pio, 3\ PM OP) Se~( MP I kat*Phate^MK: ffora
City of Tukwila Exhibit A — Scope of Wor
2020 CBD Sewer CIPP Lining Phase 4 — Services During Construction Amendment No. 3
have been completed in accordance with the plans and specifications and discuss
rectification.
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 a manner approved by City.
Assumptions:
�
The City is performing the Iead role in construction management, contract administration,
and on-site observation. RH2 15 performing pcsrt-time on-site observation duties and project
coordination under the supervision af the City.
�
Construction phase services are variable in nature and depend in porton the contractor's
approach to the project. RHJ's estimate 15 based upon previous experience with Michels
Construction and their construction approach and effort.
~
RH2 will perform the services described up to the amounts included in the attached Fee
Estimate. If additional effort is needed, that extra work will be mutually determined by the
City and RH2.
�
RH2 is not responsible for site safety or for directing the contractor in their work.
Provided by the City:
* Approve REI responses to the contractor.
�
Help to process the contractor's pay requests once quantities have been recorded and agreed
to by the City, RH2, and Michels Construction.
RH2 Deliverables:
�
Pre -construction conference administration and documentation, including pre -construction
conference meeting agenda and minutes.
�
Initial coordination and responses to construction and materials submittals, RFIs and other
project correspondence.
m
Design revisions as required to address changed conditions subject to the Management
Reserve protocol discussed in Task 3.
* Part-time on-site constructon observation and associated reports.
�
Pay note records and pay estimate ledgers.
�
Utility and/or permit field coordination, as needed, in support of the project scope and
objectives,
�
Meetings and correspondence with the City and contractor, as needed.
2
10/15/202012:31PM JADar*\ 118-082 \ Conl=��No. 3\ PSA_SCPN_.(100Sewer LAPP Lining Phase SDC.rlocx
City of Tukwila Exhibit A — Scope of Work
2020 CBD Sewer CIPP Lining Phase 4 — Services During Construction Amendment No. 3
Task 2 — P'ect Management
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 Phase 4 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 rnernbers ofthe City's staff,
RH2Oe|ixermb|es:
• Attendance at coristruction meetings, including agendas and minutes.
�
CM/CE invoices,
Task 3 — Management Reserve
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's
PM 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. RHZ's PM will contact the City PM via email to request access to these
funds should the need arise.
Schedule
The time for completion of the project is extended from December 31, 2020 to June 30, 2021.
3
10/1*pm12u1n° /*m`^"mv'mm*wmrac^Amend No. *m^,^°:kW Sevier u=Lining Phase ^ SDC.docx
EXHIBIT B
Fee Estimate
Amendment No. 3
City of Tukwila
2020 CBD Sewer CIPP Lining Phase 4 - Services During Construction
Oct -20
Description
Total
Total Labor
Total Expense
Total Cost
Hours
Task 1 Services During Construction
282
47,487
2,306
49,793
Task 2 Project Management
33
6,467
238
6,705
Task 3 Management Reserve
47
7,814 1 $ 195
8,009
PROJECT TOTAL
362
61,768
2,740
64,508
J:\Data\TUK\i 18-082 \Conitact1Arnend No. 3 \PSA.....FEE. CBD Sower CIPP Lining Phase 4 - SDC 10/15/2020 11:42 AM
EXHIBIT C
RH2 ENGINEERING, INC.
2020 SCHEDULE OF RATES AND CHARGES
RATE LIST
RATE
UNIT
Professional
$143
$/hr
Professional II
$159
$/hr
Professional U|
$171
$/hr
Professional IV
$185
$/hr
Professional V
$200
$/hr
Professional VI
$212
$/hr
Professional VII
$230
$/hr
Professional VIII
$238
$/hr
Professional IX
$238
$/hr
Control Specialist 1
$131
$/hr
Control Specialist 11
$143
$/hr
Control Specialist 111
$157
$/hr
Control Specialst IV
$169
$/hr
Control Specialist v
$180
$/hr
Control Specialist VI
$193
$/hr
Control Specialist Vil
$208
$/hr
Control Specialist VIII
$216
$/hr
Technician
$10e
$/hr
Technician II
$118
1
$/hr
Technician III
$135
$/hr
Technician IV
$145
$/hr
Technician
$158
$/hr
Technician VI
$174
$/hr
Technician VII
$189
$/hr
Technician VIII
$199
$/hr
Administrative
$71
$/hr
Administrative II
$84
$/hr
Administrative III
$zno
$/hr
Administrative IV
$118
$/hr
Administrative
$136
$/hr
cAD/s|sSyucm
$27.50
$/hr
CAD Plots Haif Size
$2.50
price per piot
CAD Plots Full Size
$nozm
prlce per plot
CAD Plots - Large
$25.00
price per plot
Copies (bw)o.u''x1z^
$0.09
price per copy
Copies (bw)o.5^X 14"
$0.14
price per copy
Copies (bw)11"x17"
$zzo
price per copy
Copies (color) 8.5^ X 11"
$0.90
price per copy
Copies (color) a.s^x 14^
$1,20
price per copy
Copies (color) zz^x 17"
$2.00
price per copy
Technology Charge
2.50%
% of Direct Labor
Mileage
$0.575
price per inile
(or Current IRS Rate)
subcnnsuhvnts
15%
Cost +
Outside Services
atcust
Rates listed are adjusted annually,