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HomeMy WebLinkAboutReg 2012-07-02 Item 5D - Agreement - 2012 Overlay and Repair Construction Management with Parametrix for $96,996.32CAS NUMBER: AGENDA ITEM TrTT.,E CO UNcm AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by Mayor's review Council review 07/02/12 I BG i i 5.D. ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON ORIGINAL. AGENDA DATE: 7/02/12 2012 Annual Overlay Repair Program Construction Management Agreement with Parametrix, Inc. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mt g Date Mtg Date 07/02/12 Mt Date Mtg Date Mtg Date Mtg Dote Aft Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PV SPONSOR'S This contract is for construction management services for the 2012 Annual Overlay and SUMMARY Repair Program. Three consultant firms were short- listed from the MSRC Consultant Works Roster and Parametrix was chosen as the most qualified. The street improvements scheduled for 2012 include overlay for two road sections. Council is being asked to approve the contract with Parametrix in the amount of $96,996.32. REVII=SWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 06/18/12 COMMITTEE CHAIR: ALLEN EKBERG RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT FUND SOURCE EXPENDITURE RI= SQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $96,996.32 $150,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 14, 2012 CIP) Comments: MTG.DATEj RECORD OF COUNCIL ACTION 07/02/12 1 MTG. DATE I ATTACHMENTS 07/02/12 Informational Memorandum dated 06/15/12 Parametrix contract with scope of work fee Minutes from the Transportation Committee meeting of 06/18/12 13 I City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: FROM BY: DATE: Mayor Haggerton Transportation Committee Bob Giberson, Public Works Director Peter Lau, Senior Engineer June 15, 2012 SUBJECT: 2012 Annual Overlav and Repair Proqram 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 has been devoted to other on -going construction projects, project staff proposes to use a CM consultant to assist with inspection and construction engineering for the 2012 Overlay and Repair Program. 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 late 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 manager 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 July 2, 2012 Regular Consent Agenda. Attachment: Consultant Agreement W1PW Eng1PROJECT&A- RW RS Projects12012 Oveday Repair Program (91210401)1Construction\CM Consultant Selecdonllnfo Memo Parametrix CM Ag 6 -15 -12 gl.docx 15 I: CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Parametrix, 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 2012 Annual Overlay and Repair Program. 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. 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 180 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 Ninety -Six Thousand Nine Hundred Ninety -Six Dollars and Thirty -Two Cents ($96,996.32) 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. 17 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 negligent 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 per occurrence and annual aggregrate. 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 2 im 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 they have 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 they have 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. 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. 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- 3 19 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: Chuck Schott, PE, PTOE Parametrix, Inc. 10193 9th Avenue SE Suite 100 Puyallup, WA 98374 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 Jim Haggerton, Mayor Attest /Authenticated: day of 2012. CONSULTANT By: Printed Name: Title: Approved as to Form: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney 0 20 EXHIBIT SCOPE OF WORK City of Tukwila 2012 Overlay Program Project Observation and CM Engineering Services GENERAL 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. Period of Performance 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. 1.0 PROJECT MANAGEMENT AND COORDINATION 1.1 General Project Management 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 Reports 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. City of tibi la 2012 Overlay Program June 2012 21 Assumptions: Following are the assumptions for this task: The presence of PARAMETRIX's personnel at a construction site is for the purpose of providing 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 project manager and project observer will attend the pre- construction meeting. Meeting minutes will be taken by PARAMETRIX's project manager. Deliverables: Following are the deliverables for this task: Progress report and Invoice (up to three). 2.0 CONSTRUCTION OBSERVATION 2.1 Construction Observation PARAMETRIX will conduct daily onsite observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor. PARAMETRIX will provide a Construction Observer that is assigned to project for the entire construction. The Construction Observer will be the primary point of contact in the field for the CITY, property /business owners and the Contractor. The Construction Observer will coordinate the preparation of the written field reports, diaries, or other records required of the construction observations. 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 exposed. PARAMETRIX's observation of the work is not an exhaustive observation or inspection of all work performed by the Contractor. PARAMETRIX does not guarantee the performance of the Contractor. PARAMETRIX's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract for construction. PARAMETRIX shall, with the assistance of the CITY, obtain written plans from the Contractor for quality control of its work, and will monitor the Contractor's compliance with its plan. Copies of all construction observation daily reports will be provided to the CITY the following day. Assumptions: Following are the assumptions for this task: PARAMETRIX's construction observer will make be on site every day the contractor is working. Based on the schedule this will be up to 56 trips to the project site. City of Tukivila 2012 Overlay Program June 2012 22 Deliverables: Daily field reports Daily Photos and photo log 2.2 Deficient and Non conforming Work 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. 2.3 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. 3.0 OFFICE ENGINEERING SERVICES 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. 3.1 Engineering Design Support 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 Tukwila 2012 Overlay Program 3 June 2012 23 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 the 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 shop drawings, samples and submittals is free of errors, inconsistencies or omissions. 3.3 Requests for Information 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 and with the FOR 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 substitution 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 PARAMETRIX will employ an independent firm for special inspection and material testing. Results of the field tests and inspections will be communicated to the CITY as soon as practical. Items that do not conform to the project specifications will be logged and tracked until corrective action is completed. Handwritten reports will be prepared by the testing firm and retained by the PARAMETRIX observer. Typewritten reports will be prepared by the testing firm and distributed to the Contractor, CITY and PARAMETRIX. PARAMETRIX will review the reports and other information prepared by the independent firms. PARAMETRIX will coordinate the testing firms' schedules and the transmittal of their reports, findings, or other information to the Contractor and /or the CITY. This scope of work assumes up to 30 trips to the site and one rice density and oil content test per day. City of Tukwila 2012 Overlay Program June 2012 24 2012 overlay program subconsultants direct expenses 26 TRANSPORTATION COMMITTEE Meeting Minutes June 18, 2012 5:15 p.m. Conference Room No. 1 City of Tukwila Transportation Committee PRESENT Councilmembers: Allan Ekberg, Chair; Kathy Hougardy and De' Sean Quinn Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Jack Pace, Peter Lau, Moira Bradshaw, Gail Labanara and Kimberly Matej Guests: Dave Gering, Manufacturing and Industrial Council CALL TO ORDER: The meeting was called to order at 5:19 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Bid Award: 2012 Overlav and Repair Program Staff is seeking full Council approval to award a bid in the amount of $974,259 to ICON Materials for the construction of the 2012 Annual Overlay and Repair Program. The annual overlay and repair program will overlay Tukwila Parkway and Andover Park West. Due to budgeting constraints, these two projects were chosen from seven projects which were designed by KPG (see Transportation Committee minutes dated November 7, 2011). The remaining five projects were held at 60% design completion once budgeting constraints were identified. ICON's bid is slightly below the engineer's estimate of $988,610. ICON has provided satisfactory work on past City projects, is currently conducting the paving on the Southcenter Parkway Extension project, and reference checks were confirmed with positive feedback. UNANIMOUS APPROVAL. FORWARD TO JULY 2 CONSENT AGENDA. B. Construction Management Selection Agreement: 2012 Overlav and Repair Program Staff is seeking full Council approval to enter into a contract with Parametrix, Inc. in the amount of $96,996.32 for construction management services for the 2012 Overlay Program. Parametrix, Inc. was identified as the best selection of three firms considered from the Municipal Research and Services Center (MRSC) consultant roster. The 2012 Program will provide the overlay at the two locations identified above. The City has $150,000 budgeted for construction management services for the 2012 Overlay Program. UNANIMOUS APPROVAL. FORWARD TO JULY 2 CONSENT AGENDA. C. Duwamish Transportation Management Association Dave Gering, Executive Director, from the Manufacturing and Industrial Council, gave a presentation to the Committee regarding the results of the Street Smart study. The goal of the study is identify opportunities to reduce single occupant vehicle use in the manufacturing and industrial centers of Tukwila and Seattle. In summary, Mr. Gering's suggestions include key players, such as Boeing, Port of Seattle (airport), King County, City of Seattle, and City of Tukwila, working cooperatively to identify positive solutions along East Marginal Way, West Marginal Way, and Airport Way. INFORMATION ONLY. III. SCATBd The meeting minutes from May 2, 2012, and agenda for June 19, 2012 SCATBd meetings were included in the Committee's agenda packet. IV. MISCELLANEOUS Committee Chair Ekberg inquired about the recently placed stop sign at the intersection of 51" Avenue South (which turns into Klickitat Drive) and the State Route 518 exit ramp, and the possibility of a traffic signal. He 27