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HomeMy WebLinkAbout09-096 - Anchor QEA LLC - 2009-2010 Overlay and Repair 09-096(b) Council Approval N/A SUPPLEMENTAL AGREEMENT NUMBER TWO TO r CONSULTANT AGREEMENT NUMBER 09 -096 THIS SUPPLEMENT No. 2 to CONSULTANT AGREEMENT NUMBER 09 -096 is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Anchor QEA, LLC (formerly Anchor Environmental L.L.C. 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, June 11. 2009. and identified as Agreement No. 09 -096. All provisions in the basic agreement and supplement No. 1 remain in effect except as expressly modified by this supplement No. 2. The changes to the agreement are described as follows: 1. Time for Performance, shall be amended as follows: Consultant agreement had an estimated duration of 30 calendar days or July 11, 2009. Supplement One extended the estimated duration 173 calendar days to December 31, 2009. This supplement No. 2 extends the estimated duration 90 calendar days to March 31, 2010. DATED this day of r obcA A, 2010. CITY OF TUKWILA CONSULTANT By: Jim a gerton, Printed Name: Ed Berschinski Title: Partner S �/C'G /BLS The changes to the agreement are described as follows: 1. Time for Performance, shall be amended as follows: DATED this 'R -11 day of 2009. v CITY OF TUKWILA SUPPLEMENTAL AGREEMENT NUMBER ONE TO CONSULTANT AGREEMENT NUMBER 09 -096 (am) CONSULTANT By: 09-096(a) Council Approval 06/01/09 THIS SUPPLEMENT No. 1 to CONSULTANT AGREEMENT NUMBER 09 -096 is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Anchor QEA, LLC (formerly Anchor Environmental L.L.C. 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, June 11. 2009. and identified as Agreement No. 09 -096. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. Consultant agreement had an estimated duration of 30 calendar days or July 11, 2009. This amendment extends the estimated duration 173 calendar days or to December 31, 2009. Printed Name: Ed Berschinski Title: Partner /5/-01 diC/677051/41-5 CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES 09 -096 Council approval 6/01/09 THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and ANCHOR QEA„ LLC 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 2009/2010 Overlay 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 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 $216,085.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment 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} f 0 6 A/4,i-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 aggregate. 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 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 16. Notices. Notices to the City of Tukwila shall be sent to the following address: 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 day of CITY OF TUKWILA Jim ,I gerton, City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Anchor QEA, LLC Ed Berschinski 1423 Third Avenue Suite 300 Seattle, WA 98101 Attest/Authenticated: (M/Q r 4 7 0)-C Christy 5Flaherty; City Clerk 1 Offic CONSULTANT B Title: CJ� OA(' Approved as to Form: 20 0. Printed Name: i C 9 C' �ifl vLc, 4 ANCHOR CHA May 13, 2009 Mr. Mike Mathia City of Tukwila, Public Works 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 -2544 RE: Proposal for Construction Management Services 2009/2010 Overlay Program Dear Mike: EXHIBIL l We are pleased to have another opportunity to provide Construction Management (CM) services for the City of Tukwila (City) specifically for the 2009/2010 Overlay Program. We have reviewed the bid package and are excited to have the opportunity to present this proposal for that work. We understand the work primarily consists of minor pavement repair, pavement grinding, asphalt pavement overly as well as related concrete approach work, pavement markings, and utility adjustments at 23 different sites throughout the City. The contractors will provide a base bid and also bid on some alternative optional schedules which the City may award at their discretion. Bid opening is on May 14, 2009, and it is expected that construction will begin on or about the first week in June. Given the 112 calendar day contract, construction should be complete before the end of September. Our project team is well known to the City. Ed Berschinski will be the project manager and Bud Whitaker will serve as the lead inspector. www.anchorgea.com Mr. Mike Mathia May 13, 2009 Page 2 Ed Berschinski has a Master's Degree in Construction Engineering and Management from the University of Washington and has been providing construction services to municipal clients for over 30 years. He understands his role will include acting as the formal point of contact between Anchor QEA and the City, as well as between the City and the contractor. Ed will provide oversight of Anchor QEA's staff and take personal responsibility for fulfilling our services to the City. Ed has a long and successful history of providing on -call construction services to the City on projects as small as $100,000 to over $5 million. His previous accomplishments with the City include a history of no outstanding contractor claims and a national project award. He has extensive experience with dozens of overlay, bridge, sewer, stormwater, and other major underground utility construction projects, pump stations, and wastewater treatment systems. Ed remains active in the American Public Works Association (APWA) CM committee (committee co -chair for 2006 through 2008), and Construction Management Association of America (CMAA). Ed's recent experience with the City was as project manager for construction of the Interurban Avenue Waterline project. Ed has a unique history of successful implementation of overlay programs in the City. Ed was the CM for the City Annual Overlay Programs in 1990, 1991, 1992, 1993, and 1994. He also provided CM services for asphalt overlays at several other City street construction projects and private property owners including the former Xerox building and Southcenter Mall. Ed has also provided CM services for street reconstruction and overlay programs in the Cities of Federal Way, Auburn, Puyallup, Sumner, Lynnwood, Bellingham, and Marysville, and for King County, Clark County, and the Oregon Department of Transportation. Bud Whitaker is a senior inspector with recent project history in the City providing inspection of the waterline installation on the Interurban Avenue project. Bud understands inspection requirements of asphalt paving including proper surface preparation, placement procedures, compaction, and other key checks to help ensure a quality product. Bud's experience regarding overlay work is primarily in providing CM work on municipal streets in the Cities of Gig Harbor and University Place. Bud's other municipal construction experience includes roadway construction, sidewalk construction, and utilities. Bud takes a proactive but cooperative approach with contractors to protect the City's interest and help www.anchorgea.com Mr. Mike Mathia May 13, 2009 Page 3 ensure they get a quality product. Bud is very computer proficient and maintains excellent field records. The inspector has a major role in achieving project success. The inspector is the primary day-to--day point of contact with the contractor, adjacent property owners, and the public. The inspector can play a big role in helping the contractor make the project successful. The inspector has to be sure the contractor is using the right materials, building to the right grade and alignment, not jeopardizing public safety, meeting quality requirements, and numerous other responsibilities. The inspector will also properly document the work and track quantities. Bud knows the City's expectations, he knows the need to keep property owners informed, he knows the importance of traffic control, and he has experience working on Interurban Avenue. He also knows to consult with the designer as needed. Bud is a good fit for this project. He has also reviewed the plans and specifications and is enthusiastic about the potential to work on this project. Given the multiple sites and the potential need for additional support, we have made other technical personnel available to support Bud. Ralph Heitt will join our team as an additional resource for paving inspection on an as- needed basis. Ralph has over 40 years of construction inspection and survey experience, including serving as a consultant inspector under Ed's direction on previous Tukwila overlay projects. Ralph has recently retired as an inspector for the City of Bothell but has also been a municipal inspector for the Cities of Lynnwood and Sumner following a long career in engineering consulting. In addition to these field personnel resources, Ed will be assisted in the office by Lori Russo. Lori is a project assistant who is skilled in supporting a number of project management tasks. Lori manages project records, prepares contractor payment applications, and drafts project communications. Lori developed and maintained the documentation file for several construction projects. We have also anticipated the need to perform materials testing and possibly some survey services as part of the project. We have allocated a budget for those services but have not www.anchorgea.coin selected subconsultants for the work. We want to consult with the City and select the firm that has provided you the best services and best value in the past. If that firm is available and can be responsive, we will add them as subconsultants after award. Attached is a proposed scope of work and cost to perform the 2009/2010 Overlay Program construction services. We would be happy to review the proposed scope with you and give you a full understanding of the assumptions used to develop the costs. Based on this scope, we anticipate a cost of $216,000 to perform the services, which is approximately 12% of the estimated $1.8 million construction cost. Please let us know of your availability to discuss and jointly make any adjustments (as needed). Thank you for this opportunity we look forward to working with you again. Sincerely, Ed Berschinski, CCM Partner /Project Manager Anchor QEA, LLC www.anchorgea.com Mr. Mike Mathia May 13, 2009 Page 4 ANCHOR OE City of Tukwila: Construction Management Services 2009/2010 Overlay Program City Project No. 09 -RWO1 SPECIFIC SCOPE OF WORK CONSTRUCTION MANAGEMENT SERVICES The following represents the general scope of services to be performed by Anchor QEA, LLC (Anchor QEA) during construction of the City of Tukwila (City) 2009/2010 Overlay Program. The services are divided into different categories of work that represent the chronology of the activities as well as the types of services provided. This scope is intended to reasonably address the construction- related services that would normally be anticipated for a project of this type. Task 1 Pre- Construction Services Subtask 1.1 Construction Document Review Scope Obtain from City and become familiar with plans, specifications, property owner agreements, and other existing information pertinent to performance of the work. Hold kick -off meeting for Anchor QEA project team. Subtask 1.2 Pre- Construction Meeting Scope Issue invitations and prepare meeting agenda. Conduct and attend pre construction meeting. Prepare and distribute pre- construction meeting minutes. Subtask 1.3 Submittal Review Scope Log and track contractor submittals (as outlined in specifications). Review contractor submittals for general compliance with contract requirements. Submittals include general requirements (i.e., schedule and wage rates) as well as 1 technical submittals (i.e., shop drawings, catalogue cuts, work plans, test reports, and certifications). Submittals will be routed as requested for review by City maintenance staff and /or City /consultant design team. Subtask 1.4 Conditions Review Scope Pre Construction Conditions: Document pre construction conditions, including pre construction site condition surveys, photographs, and record any visible property corners. Task 2 Contract Administration Services Subtask 2.1 Planning Scope Prepare a brief project specific construction management plan that outlines tasks, staff responsibilities, procedures and forms, documentation methods, safety procedures, and communication links. Subtask 2.2 Records Management Scope Documentation: Establish project specific documentation management system for maintaining project records and tracking multiple party review /approval documents. Documents include submittals, Requests for Information (RFIs), change orders, test reports, surveys, meeting minutes, project photographs, and general correspondence. Liaison: Act as City's representative /liaison for daily coordination/communication to contractor as well as that from other agencies, other contractors (adjacent projects), site tenants and other third parties that will have access impacted during the course of the project, and City Police Dept. regarding traffic control. Correspondence: Prepare draft response on behalf of City to formal project construction correspondence requiring responses. Status Reports: Prepare and transmit monthly invoices and status reports. Status reports to accompany invoices shall include project progress with respect to critical timelines, budget status, and identification of any issues that may affect schedule or budget. 2 Products Project documentation system (files) Tracking logs for correspondence Draft letters Status reports Subtask 2.3 Progress Payments Scope Payment: Prepare payment spreadsheet. Review monthly progress payment requests submitted by the contractor. Provide measurements and verification of progress and submit monthly application for payment to the City for processing. Products Payment spreadsheet with signature page Task 3 Field Observations /Inspections Scope Activities performed by field engineer /technician: Observation: Observe the technical conduct of the contractor's work for quality and compliance with design documents, approved submittals, and/or applicable technical standards. Prepare a daily inspection report and take progress photographs. Interpretations: Provide day -to -day interpretation of contract requirements and respond to contractor's questions including resolution of minor issues. Testing: Perform or cause to be performed sampling and testing of materials to be incorporated into the project. Review compaction testing results performed by testing technician and verify compliance with specifications (for materials testing by subconsultant, see Task 8). All test acceptances will be performed by City personnel. 3 Products Inspection Daily Reports Field sketches and measurements Progress photos Task 4 Construction Engineering /Change Orders Scope Respond to questions related to site engineering. Evaluate contractor- proposed revisions or substitutions. 4 Measurements: Perform or cause to be performed field measurements and collect and tally truck tickets to determine material quantities, verify placement limits, or other measurements to verify pay requests and conformance with project requirements. (Actual survey, if needed, may be done by subconsultant, see Task 7). Field Changes: Facilitate minor field changes to circumvent change orders due to variations in field or other unanticipated conditions. Coordinate with design engineer for any changes that may impact project cost or time. (See Task 4). Communications: Maintain primary day -to -day communications with the contractor and keep the construction manager and City representative informed of activities. Receive comment from neighboring property owners and the general public and provide responses for questions and concerns. Check for contractor compliance with requirements for traffic control and notice requirements with City. Participate in weekly project meetings Note: For budgeting purposes, this proposal assumes one full -time equivalent inspector on site for 112 calendar day construction contract duration. An average of one person on site during active contractor working periods means the inspector may not be on site full -time or if the contractor is working on multiple sites simultaneously during short durations, two people may be on site at the same time. Change Orders: Prepare calculations, drawings, cost estimates, and justification for change orders for approval by the City. This includes coordination with the designer for input regarding design changes. Negotiate change orders with the contractor and incorporate into the project. For this cost estimate we have assumed up to five minor change orders (8 hours per change order). Task 5 Site Visits/Meetings Scope Periodic site visit by construction manager in combination with conducting a weekly coordination meeting with the contractor. Prepare agenda and minutes of meetings including tracking of action items. Task 6 Record Drawings Scope Review and verify the final conformed set of drawings provided by the contractor that includes any field changes and final configuration of facilities. Task 7 Surveying Scope Activities: Although none is anticipated, a budget has been established for a licensed surveyor to perform any survey verification (if needed) to confirm any monumentation, questionable property corners, verify grades, or similar services. The survey work will be done by a City- approved survey subconsultant (as needed). Products Survey Reports Task 8 Materials Testing Scope Work on this task will not begin until receipt of City approval of a qualified, independent subcontractor. 5 Products Test Reports EXCLUSIONS Provide tests of materials for compliance with contract requirements for gradation, compaction, etc. (as needed only to verify). Note: Anchor QEA will review test results for compliance with the project specifications. Anchor QEA shall assume no responsibility for proper construction techniques and jobsite safety. The presence of Anchor QEA personnel at the construction site is for the purpose of providing the City a greater degree of confidence that the work will generally conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor. Anchor QEA will endeavor to protect all parties against defects and deficiencies in the work of the contractor(s) but cannot guarantee the contractor's performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor or any subcontractors. ESTIMATED COSTS A detailed breakdown of labor and cost estimates by task is provided in the accompanying budget spreadsheet. Note that labor hour breakdowns by subtask are included in the spreadsheet. However, we have only used the subtask designation to explain the basis for our budget estimates, and have anticipated that we would track and bill costs at the Task level, not at the subtask level. We trust that this proposed scope and cost estimate is sufficient for your needs. If you have any question regarding this scope, please do not hesitate to contact Ed Berschinski at eberschinski ananchorgea.com or 206 287 -9130. 6 ANCHOR ENVIRONMENTAL, L.L.C. 2009 PROJECT COST ESTIMATING FORM Proposal /Project Name: Tukwila 2009/2010 Overlay Program 05/10/09 Construction Services Outside Expenses Airfare /Hotel Car Rental Repro /Plotting 200 Mail /Fedex/Courier Per Diem Other expenses 100 500 Total Cost 234 9 3,455 25 186 400 Outside Exp Markup 10.0% 10 50 20 Field Equip. and Supplies Summary Tukwila 2008 Cost Ed Berschinski Task 1 Pre construction services Task 6 Record Drawinos Task 2 Contract Administration Services Task 7 Surveying Task 3 Field Observation /Inspection Services Task 8 Materials Testing Task 4 Construction EngineeringiChange Orders Task 9 Task 5 Site visits /meetings Task 10 Direct Task Task Task Task Task Task Task Task Task Task Total Total Labor Categories Rate 1 2 3 4 5 6 7 8 9 10 Hours Doltars Principal Engr!Plan /Sci 68.32 36 108 0 108 64 4 4 4 0 Staff 2 Engr!Plan/Sci 38.71 32 0 996 0 0 0 0 0 0 Senior Design /GISiDbase /IT 32.08 0 0 0 0 0 20 0 0 0 Protect Assistant 22.32 12 36 0 8 0 0 1 1 0 Total Hours BO 144 996 116 64 24 5 5 0 Total Labor 3,966 8,182 38,555 7,557 4,372 915 296 296 Average Hourly Rate 45 Office Overhead 171.86% 6,816 14,061.72 12,987.67 7,514.54 1,572.31 508.02 508.02 43,968 Field Overhead 140.00% 53,977 53,977 Total Labor and Overhead 10,782 22,244 92,532 20,545 11,887 2,487 804 804 162,085 Fee 15% 1,617 3,337 13,880 3,082 1,783 373 121 121 24,313 Subconsultants Surveyor 8,000 8,000 Materials Testing 15,000 15,000 Total Cost 8,000 15,000 23,000 Markup on Subs 10.0% 800 1,500 2,300 Reimbursables CAD /Computer /hr) $10.00 200 200 Mileage /mile) $0.585 59 2,925 176 3,159 Copies /copy) $0.10 25 9 30 5 10 79 Faxes /fax) S1 50 50 20 20 20 642 0 58 1,295 0 1,434 64,139 Markup 10.0;.. 200 600 4,308 80 TOTAL COSTS 12,643 25,589 109,917 23,652 13,856 3,280 9,724 17,424 216,085