HomeMy WebLinkAboutTrans 2012-06-18 Item 2B - Agreement - 2012 Overlay and Repair Program with Parametrix for $96,996.32C ,r
it of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Peter Lau, Senior Engineer
DATE: June 15, 2012
SUBJECT: 2012 Overlav and Reaair Program
Project No. 91210401
Construction Management Consultant Selection and Agreement
ISSUE
Approve consultant agreement with Parametrix, Inc. for construction management (CM) services.
BACKGROUND
As internal CM staff have been devoted to other on -going construction projects, project staff proposes to
use a CM consultant to assist with inspection and construction engineering for this project. The construction
project bid opening was on June 12, 2012 and is scheduled to be awarded along with this contract.
Construction is anticipated to begin in the second half of July.
DISCUSSION
City project staff reviewed the Municipal Research and Services Center (MRSC) Consultant Roster, and
short- listed three firms capable of performing the desired CM services. Parametrix, Inc. was determined to
be the most qualified to perform the work for the 2012 Overlay and Repair project. Parametrix offers
services that include CM, Construction Inspection, Transportation, Natural Resources and Planning, Water,
Wastewater, and Environmental Engineering and Sciences.
FISCAL IMPACT
A cost has been negotiated with Parametrix for $96,996.32, which is reasonable for the size and scope of
this project. A material testing sub consultant is also included in this consultant proposal, mainly for asphalt
compaction, oil content and subgrade evaluation tests. The CM budget is $150,000.00 (see page 14, 2012
CIP). An in -house CM Project Manager has been assigned to work with the proposed Consultant's
Inspector and Project Panager to successfully complete the 2012 Overlay and Repair project.
RECOMMENDATION
Council is being asked to approve the Construction Management Consultant Agreement with Parametrix,
Inc. in the amount of $96,996.32 for the 2012 Overlay and Repair Program and consider this item at the
June 25, 2012 Committee of the Whole meeting and subsequent July 2, 2012 Regular Meeting.
Attachment: Consultant Agreement
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CONSULTANT AGREEMENT FOR
SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and 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
services in connection with the project titled
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. Time for Performance. Work under this contract shall commence upon the giving of 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 within 30 calendar days from
the date written notice is given to proceed, 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 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 is 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 state for a period of three (3
years after final payments. Copies shall be made available upon request.
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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 to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury, and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent 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
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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, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
1?. 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. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
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16. 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:
17. Integrated Agreement. 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. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this
CITY OF TUKWILA
Mayor
Attest /Authenticated
City Clerk
day of
�0
CONSULTANT
II
Printed Name:
Title:
Approved as to Form:
Office of the City Attorney
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City of
A U1 2 1 1 gr ann
Parametrix, Inc. (PARAMETRIX) will provide Observation and Engineering Services as defined below.
These services are intended to assist the City of Tukwila (CITY) in observation for construction and
verify that the Contractor's work is in substantial compliance with the contract documents, and assist the
CITY in responding to events that occur during the construction.
The services under this scope of services will commence upon the receipt of a Notice to Proceed, which
will be issued on approximately July of 2012. The period of performance will extend from the Notice to
Proceed date through October of 2012. PARAMETRIX's ability to meet this schedule is contingent upon
the Contractor's activities. Services performed after October of 2012 will be considered Additional
Services and will require written authorization from the CITY.
PARAMETRIX's services are based upon the schedule or duration of construction of 56 calendar days
anticipated at the time that these services are agreed upon. PARAMETRIX will not perform services
beyond the agreed to contract amount without written authorization from the CITY. The level of effort to
perform the work described is based on a 5 -day work week and standard 8 -hour workday.
This task includes overall project management of PARAMETRIX's contract with the City of Tukwila
including the following:
Budget and Schedule Tracking— Track the project budget using PARAMETRIX's in -house tools
to verify that progress is keeping pace with spending.
Monthly Progress Repor -ts Prepare one- page maximum monthly progress reports for
distribution to the CITY. Prepare a monthly invoice for services performed by PARAMETRIX.
Correspondence Prepare written correspondence as needed to document project management
issues and /or concerns.
MAIN
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IRSOMRITUMM
0 The presence of PARAMETRIX's personnel at a construction site is for the purpose of providinv
to the CITY a greater degree of confidence that the completed construction work will conform
generally to the construction documents and that the integrity of the design concept, as reflected
in the construction documents, has been implemented and preserved by the Contractor(s).
PARAMETRIX's construction observation will arrange for taking daily photographs of the work in
progress by the Contractor, which will be made available to the CITY. Daily photographs will also
document existing conditions that may relate to changed conditions or utility conflicts as they are
0 PARAMETRIX's construction observer will make be on site every day the contractor is workin
Based on the schedule this will be up to 56 trips to the project site. I
City of TuAwild
2012 Overlay Progrant
Ane 2012
11
s-
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Daily Photos and photo log
Should PARAMETRIX discover or believe that any work by the Contractor is not in accordance with the
contract for construction, or is otherwise defective, or not conforming to requirements of the contract or
applicable rules and regulations, PARAMETRIX will bring this to the attention of the Contractor and the
CITY immediately. PARAMETRIX will thereupon monitor the Contractor's corrective actions and shall
advise the CITY as to the acceptability of the corrective actions.
.3 Subsurface and Physical Conditions
Whenever the Contractor notifies PARAMETRIX or CITY of subsurface or physical conditions at the site
which differ from the contract documents, PARAMETRIX will advise the CITY and inspect the
conditions at the site. PARAMETRIX will advise the CITY as to the appropriate action(s) and assist the
CITY in responding to the Contractor.
K r
PARAMETRIX will supplement engineering design support and assist the CITY with review of and
response to the Contractor's submittals and requests for information as requested by the CITY. The level
of effort anticipated for this support shall be limited to the hours and costs indicated in the fee estimate for
this subtask.
CITY will track and provide written responses to the Contractor's request for interpretation or
clarification of the contract documents. PARAMETRIX will assist CITY with evaluating Contractor's
requests and with preparing written responses.
CITY will coordinate and collaborate with the FOR as appropriate for any design clarifications and /or
interpretations.
3.2 Submittals
The CITY will obtain from the Contractor a proposed shop drawing and submittal schedule, which shall
identify all shop drawings, samples, and submittals required by the contract for construction, along with
the anticipated dates for submission. The CITY will log and track all shop drawings, samples, and
submittals. PARAMETRIX will assist the CITY with reviews of the Contractor's schedule, Traffic
Control Plans, erosion control, gravel materials, and HMA- related materials and other items if requested
by the CITY.
City of Tulnvila
2012 Overlay Pragra,n 3 June 2012
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PARAMETRIX's review of submittals shall be for general conformance with the design concept and
general compliance with the requirements of the contract for construction. Such review shall not relieve
ihe Contractor from its responsibility for performance in accordance with the contract for construction,
nor is such review a guarantee that the work covered by the shoy, drawings,_$,=91es and submittals is free
of errors, inconsistencies or omissions.
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PARAMETRIX will assist the CITY in review of the Contractor's requests for information or
clarification of the contract for construction. PARAMETRIX will coordinate such review with the CITY
znd with the EOR if requested by the CITY. The CITY will coordinate and issue responses to the
requests. The CITY will log and track the Contractor's requests.
PARAMETRIX will assist the CITY in reviewing and responding to the Contractor's requests for
gubstitution of materials and equipment. PARAMETRIX will review such requests and will advise the-
CITY as to the acceptability of such substitutions.
4.0 MATERIALS TESTING
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