HomeMy WebLinkAbout12-087 - Parametrix Inc - 2012 Overlay and Repair Construction Management12-087(a)
Council Approval N/A
SUPPLEMENTAL AGREEMENT NUMBER 1
TO
CONSULTANT AGREEMENT NUMBER 12 -087 Cad
PROJECT: 2012 Annual Overlay & Repair
THIS SUPPLEMENTAL 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.
The City desires to supplement the Agreement entered into with the Consultant and executed on
July 25, 2012, and identified as Agreement No. 12 -087. All provisions in the basic Agreement
remain in effect except as expressly modified by this Supplement.
The changes to the Agreement are described as follows:
2. Scope of Services, is herein supplemented with the attached Exhibit "C ", including the
provision of all labor, materials, equipment and supplies.
See Exhibit C, attached, with the additional scope of services.
4. Payment, A., shall be supplemented with the following:
Payment for the work provided by the Consultant shall also be made as provided on
Exhibit "C" attached hereto, provided that the total amount of payment to the Consultant
shall not exceed $18,480.00 without express written modification of the Agreement
signed by the City. The new total Contract shall not exceed $115,476.32 without express
written modification of the Agreement signed by the City.
See Exhibit C, attached, with the additional fees for the added scope of work.
DATED this
CITY OF TUKWILA
day of _.1 a nl AG C y
l
Jim Hag n, Mayor
Attested:
Christy O'Flaherty, City Clerk
,2011 .
CONSULTANT
By:
Printed Name: s
Title:
EXHIBIT C
SUPPLEMENT 1 — SCOPE OF SERVICES
City of Tukwila
2012 Overlay Program
Project Observation and CM Engineering Services
INTRODUCTION
Parametrix, Inc. ( PARAMETRIX) contracted with the City of Tukwila (CITY) to provide construction
observation and limited construction management engineering services for the 2012 Overlay Program.
Due to the following unforeseen issues, the work exceeded the original scope and additional services were
required:
• Extended Construction Schedule — The construction schedule increased from 56 calendar days
to 132 days. The most significant affect this had on the PARAMETRIX budget was that
additional time was required for observation and to assist CITY staff with documentation of the
non - compliant curb ramps. Most of the curb ramps needed to be re- poured at least once, often
twice. The contract time was also extended to accommodate the resolution of conflicts between
the proposed heavy duty junction boxes and existing utility conduits and to accommodate
additional mobilization(s) for applying additional and pavement markings within acceptable
weather conditions.
• Additional Construction Observation — The original agreement assumed 5 -day work week with
standard 8 -hour work shifts. The construction contract between the CITY and the Contractor
prohibited daytime closure of certain lanes on Tukwila Parkway, thus requiring some nighttime
work in these specific areas. Because the Contractor elected to construct the demolition, paving
and channelization work for the whole project at night and to run a second shift during the day to
complete cement concrete work, PARAMETRIX also needed to provide a second shift of
observation. Overlapping of shifts at times increased individual shifts above the assumed 8 hours
per shift to as much as 10 hours per shift.
• Additional Meetings and Coordination — Due to the above stated unanticipated issues,
additional meetings and coordination with the CITY and contractor were required to support
CITY staff during resolution of these issues.
Supplement 1 provides for the following additional services that were required to complete the project:
1.0 PROJECT MANAGEMENT AND COORDINATION
This task covers additional project management and coordination needed to manage the extended scope
and schedule.
2.0 CONSTRUCTION OBSERVATION
This task provides for the extra observation effort required to cover day and night shifts at up to 10 hours
per shift and extended construction schedule.
3.0 OFFICE ENGINEERING SERVICES
This task covers additional engineering design support, primarily related to the documentation of non-
compliant curb ramps and subsequent re -pours and resolution of the heavy -duty junction box vs. utility
conduit conflicts.
City of Tukwila
2012 Overlay Program Page 1 of 2
214 -2067 -005
December 2012
Client: City of Tukwila
Project: Tukwila- 2012 Overlay Program
Project No: 2142067005
Burdened Rates:
EXHIBIT C
Consultant Fee Determination
$180.00
$85.00
Phase
Task
Description
Labor Dollars
Labor Hours
01
Project Management
$1,080.00
6
6
03
Communication /meetings
$1,080.00
6
6
02
Construction Inspection
$10,200.00
120
120
01
Construction Inspection
$10,200.00
120
120
03
Engineering Services
$7,200.00
40
40
01
Engineering Services
$7,200.00
40
40
Labor Totals:
$18,480.00 166 46 120
$8,280.00 $10,200.00
SUBCONSULTANTS
Subconsultant Name
Otto Rosenau
Subconsultant Mark -up (15 %)
Subconsultant Total:
Amount
$0.00
$0.00
DIRECT EXPENSES:
Description
Mileage
Amount
$0.00
Expense Total:
$0.00
Project Total: $18,480.00
Page 2 of 2
12 -087
Council Approval 7/2/12
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.
Project Designation. The Consultant is retained by the City to perform Construction
Management services in connection with the project titled 2012 Overlay 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.
S r� -c1)e161 f/ ,4L.S
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
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
0a
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.
Kj
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 91h 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 o? b _r day of
V 'j
,20fa
CITY OF TUKWILA
4
Jim Ha e on, May
Attest /Authenticated:
Christy O'Flaherty, CMC, City Clerk
CONSULTANT
By:
Printed Name: htoo� t et, L. "e-
Title: 1� V-
Approved as to Form:
Office of the City Attorney
11
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 Tukwila
2012 Overlay Program 1 June 2012
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 Tulnvila
2012 Overlay Program 2 June 2012
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 Tulnvila
2012 Overlay Program 3 June 2012
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 Tulnvila
2012 Overlay Program 4 June 2012
Client: City of Tukwila
Project: Tukwila- 2012 Overlay Program
Project No:
Burdened Rates:
Phase
ITask
IDescription
01
1
1Project Management
101
101
1 Budget and Schedule Tracking
101
102
1 Monthly Progress reports
101
103
1 Communication /meetings
02
1
1onstruction Observation
02
101
1 Construction Observation
03
1
1Engineering Services
03
101
1 Engineering Services
03
102
1 Submittals
03
103
1 RFI's
Labor Totals:
SUBCONSULTANTS
Subconsultant Name
Otto Rosenau Associates, Inc.
Subconsultant Mark -up (15
Subconsultant Total:
DIRECT EXPENSES:
Description
B W 8.5 x 11
B &W11x17
Mileage
Expense Total:
$69,020.00 532 64 24 4 440
$11,520.00 $2,160.00 $340.00 $55,000.00
Amount
$23,013.00
$3,451.95
$26,464.95
Amount
$55.25
$44.20
$1,411.92
$1,511.37
Project Total: $96,996.32
c
C
N
C
C
U
cli
C OV
C Q
j A
no
U f0
Il V
C
W
Cl) 'u
o,
a N
H of
C
U a
U O
$180.00
$90.00
$85.00
$125.00
11-abor Dollars I Labor Hours
1 $6,820.001
521
241
241
41
1 $1,440.001
121
41
81
1
1 $1,780.001
161
41
81
41
1 $3,600.00
241
161
81
1
1 $55,000.00
4401
1
1
1
440
1 $55,000.001
4401
1
1
1
440
1 $7,200.001
401
401
1
1
1 $1,440.001
81
81
1
1
1 $2,880.001
161
161
1
1
1 $2,880.001
161
161
1
1
$69,020.00 532 64 24 4 440
$11,520.00 $2,160.00 $340.00 $55,000.00
Amount
$23,013.00
$3,451.95
$26,464.95
Amount
$55.25
$44.20
$1,411.92
$1,511.37
Project Total: $96,996.32