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15-159 - KPG Inc - 53rd Avenue South Street Improvement
City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 15-159(g) Council Approval 12/2/19 Agreement Number: CONTRACT FOR SERVICES Amendment #7 Between the City of Tukwila and KPG Inc. That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide construction services in accordance with the scope of work included as Exhibit A-7. Article 3 - Duration of Agreement; Time for Performance, shall be modified as follows: This Agreement shall be in full force and effect for a period commencing upon execution and ending June 30, 2020, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2020 unless an extension of such time is granted in writing by the City. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shallbe made as provided on Exhibit B-7, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $176,278.00 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $1,950,479.69 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this 1.314 day of "D e C e-rnb , 20 lc) CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED Christy O'Flaherty, MMC, City Clerk CONTRACTOR Printed Name: Nelson Davis APPROVED AS TO FORM City Attorney Page 1 of 1 EXHIBIT A-7 Supplement 7 Additional Construction Management Services Scope of Work October 2019 City of Tukwila 53rd Ave S (S 144th Street to S 137th Street) Project No. 99110301 TIB Project No.: 8-1-116(012)-1 KPG Project #: 15085 I. BACKGROUND This work will provide additional construction management services for the construction contract to complete 53rd Avenue S Roadway Improvements (S 144th Street to S 137th Street). These additional services include: • Construction services for approximately 12 week duration for coordination and inspection of punchlist activities and coordination with Seattle City Light (SCL) to obtain operational acceptance. • Part time construction services for an estimated 12 week suspension period to allow SCL to perform their underground conversion and wreckout the existing aerial system. • Perform monthly PSIPE walk through with Contractor through June 2020 (9 total). • Construction services for 3 weeks to complete required Contract work following the SCL suspension period. This supplement is provided to continue construction management and inspection services in accordance with the original authorization and as detailed below: II. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • Services will be performed in accordance with the Contract plans & special provisions, WSDOT Local Agency Guidelines ("LAG"), the WSDOT Construction Manual, and the client engineering standards. • The franchise utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems not constructed by the Client's Contractor, if necessary. City of Tukwila 53rd Ave S Additional Construction Management Services Scope of Work — Supplement 7 Page 1 of 3 KPG Project #15085 October 2019 EXHIBIT A-7 Ill. SCOPE OF WORK TASK 1—MANAGEMENT/COORDINATION/ADMINISTRATION 1.1 Provide ongoing coordination, management, and progress reporting for the estimated 8 month duration of this agreement. TASK 2—DESIGN SUPPORT No additional funds are requested for this task. We have been able to mitigate the longer contract duration and can continue to provide the services described in the original scope of work within the previously authorized budget. TASK 3— PRECONSTRUCTION SERVICES Work is complete, no additional funds are requested for this task. TASK 4 — CONSTRUCTION OBSERVATION Construction Observation services will continue inaccordance with the original scopeofvvorh Additional observation time is required to achieve physical completion due to longer contract duration: 4.6 The Consultant shall provide the services of one part-time inspector with necessary engineering, and administrative support for punchlist coordination and final restoration following the SCL suspension period as described in the Background section of this scope of work. The inspection budget is based on 12 weeks prior to suspension at 24 hours/week and 3 weeks after suspension at 32 hours/week. An additional 40 hour of inspection time is included in the project budget in the event field support is requested by the City during the 12 week SCL suspension period. 4'7The Consultant shall perform on site monthly vva|k1hroughs with the Contractor and landscape subcontractor on a monthly basis between October 2019 and completion of the plant establishment period in June 2020. Level of effort is estimated at 6 hours/month resident engineer and 2 hours/month documentation specialist to complete the walk through and document findings. TASK S—CONSTRUCTION SERVDCES—OFFICE Construction Office services will continue in accordance with the original scope of work. Additional time is required to achieve physical completion due to longer contract duration: 5.28 The Consultant shall provide the services of one part-time resident engineer and one part- time documentation specialist with necessary oversight, engineering, and administrative support throughout the punchlist, SCL suspension period, and final restoration activities as described in the Background section of this scope of work. The budget is based on 16 City qfTukwila £3mAve S Additional Construction Management Services Scope p/Work — Supplement 7 Page 2 of 3 KPG Project #15085 EXHIBIT A-7 hours/week part-time resident engineer and 16 hours/week part-time documentation specialist during the punch|ist and final restoration services /16weeks) and 8hou resident engineer and 16 hours/meek documentation specialist during the S[Lsuspension period (12xxeeko). Budget also includes engineering support tocomplete record drawings during the SCL suspension period. TASK 6—SURVEY & MATERIAL TESTING Work iscomplete, nmadditional funds are requested for this task. Remaining budget will beutilized tm offset additional construction observation time required as a result of longer contract duration, number of crews, and working hours than anticipated in original budget assumptions. TASK 7-ADDITIONAL SERVICES Additional services requested by the client, will be performed only when authorized by the client. Authorization hoperform additional services will beinwriting, specifyingthe work tobeperformed, and basis of payment. Items such as Community Outreach (except as completed on a day to day basis by the inspector and resident engineer as described herein), Public Meetings, Ribbon Cutting Ceremony, claims analysis, additional surveying, services during shutdown periods of non -working days, and services for extended working days are examples ofpossible additional services. City oƒ7ukwilo53rdAve S Additional Construction Management Services Scope pƒWork —Supplement 7 Page 3 of 3 KPG Project #15085 EXHIBIT B-7 HOUR AND FEE ESTIMATE Project: City of Tukwila TIB No. 8-1-116(012)-1 53rd Ave S Tukwila # 99110301 Supplement No. 7 KPG No. 15085 Additional Construction Management Services KPG Interdisciplinary Design Task Description Project Manager $ 225.00 Project Engineer $ 140.00 Resident Engineer $ 166.00 Senior Inspector $ 128.00 Const Inspector $ 92.00 Engineering Technician $ 95.00 Doc Control Admin $ 77.00 Senior Admin $ 115.00 Budget Task 1 - Management/Coordination/Administration Through expiration of amendment Reimbursable expenses - no additional re uired Task Totals 1 8 8 Task 2 - Design Support during Construction No Additional Budget Required Reimbursable expenses - no additional required Task Total I 0 0 Task 3 - Preconstruction Services No Additional Budget Required Reimbursable expenses - no additional re uired Task Total 1 0 0 Task 4 - Construction Observation 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 16 0 0 0 0 $ 3,640 $ $ 3,640 4.6 Construction observation 0 8 16 280 160 0 16 0 $ 55,568 4.7 PSIPE monthly walk throughs (9) 0 0 54 0 0 0 18 0 $ 10,350 Reimbursable expenses - no additional required $ - Task Total 1 0 8 16 280 160 0 16 0 $ 65,918 Task 5 - Construction Services - Office 5.28 Construction office services Reimbursable expenses - mileage and misc expenses Task Total 1 0 0 40 40 340 340 0 0 0 0 60 60 440 440 40 40 $ 106,220 $ 500 $ 106,720 Task 6 - Survey & Material Testing No Additional Budget Required 0 0 0 0 0 0 0 0 Reimbursable expenses - no additional re uired Task Total 1 0 0 0 0 0 0 0 0 $ Total Hours 8 48 356 280 160 60 456 56 City of Tukwila 53rd Ave S Additional Construction Management Services Budget Estimate - Supplement 7 Page 1 of 1 Total Budget: $ 176,278 KPG Project 15085 August 2019 City of Tukwila Agreement Number: 15-159(f) b{ 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval 5/20119 E CONTRACT FOR SERVICES Amendment #6 Between the City of Tukwila and KPG Inc. That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide construction services in accordance with the scope of work included as Exhibit A-6. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B-6, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $259, 770.00 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $1,774,201.69 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this. ... day of , , 20 <.r� CITY OF.T"UKWILA Allan Ekberg, Mayor ' �e ATTEST/AUTHENTICATED Christy -O' 'lah`i �, MMC 'dty Clerk-"' CONTRACTOR Printed Name: Nelson Davis, KPG APPROVED AS TO FORM City Attorney Page 1 of 1 EXHIBIT A-6 Supplement 6 Additional Construction Management Services Scope of Work March 2019 City of Tukwila 53rd Ave S (S 144th Street to S 1371h Street) Project No. 99110301 TIB Project No.: 8-1-116(012)-1 KPG Project #: 15085 I. BACKGROUND This work will provide additional construction management services for the construction contract to complete 53rd Avenue S Roadway Improvements (S 1441h Street to S 137th Street). These additional services are the result of: • Additional working days added through approved change orders (43 working days approved). • Anticipated additional working days for force account work and to allow SCL to complete wiring, energization of underground system, and wreckout of aerial system (27 working days estimated). • Weather days (30.5 approved to date, estimate 35 total through physical completion) The original contract duration was 215 working days, beginning on April 9, 2018 and ending on February 15, 2019. An additional 105 working days are anticipated based on the change orders and weather days described above, resulting in a completion date of July 17, 2019. This supplement is provided to continue construction management and inspection services in accordance with the original authorization and as detailed below: II. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The proposed project team for additional working days will include one part-time project manager, one part-time resident engineer, one part-time documentation control specialist, one full-time inspector, additional part-time inspector for certain work elements, design team, management, and administrative support as required, sub -consultants to provide services for materials testing, and other supporting tasks as deemed necessary. It is anticipated that full-time site observation will be required for the entire duration of construction. City of Tukwila 531d Ave S Page 1 of 4 KPG Additional Construction Management Services Project #15085 Scope of Work — Supplement 6 March 2019 EXHIBIT A-6 • The level of service is based on additional project duration of up to 105 working days per the assumptions in the Background section of this scope of work. • KPG field staff will continue to perform day to day public outreach to ensure affected residents are notified in advance of impending contractor activities. • The design engineers from KPG will be available during construction to answer questions during construction and review RAMs, shop drawings, and answer RFls. The engineer of record will be available to provide background information on the design should it be necessary. • Services will be performed in accordance with the Contract plans & special provisions, WSDOT Local Agency Guidelines ("LAG"), the WSDOT Construction Manual, and the client engineering standards. • The franchise utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems not constructed by the Client's Contractor, if necessary. • Client/Field Office: The Contractor will provide a field office as required by the contract documents. The Consultant's field staff shall have access to the field office. III. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the client by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for, and ultimately that the client receives a successful review by TIB at the end of the Project. TASK 1— MANAGEMENT/COORDINATION/ADMINISTRATION No additional funds are requested for this task. We have been able to mitigate the longer contract duration and can continue to provide the services described in the original scope of work within the previously authorized budget. TASK 2 — DESIGN SUPPORT No additional funds are requested for this task. We have been able to mitigate the longer contract duration and can continue to provide the services described in the original scope of work within the previously authorized budget. TASK 3 — PRECONSTRUCTION SERVICES Work is complete, no additional funds are requested for this task. City of Tukwila 531d Ave S Page 2 of 4 KPG Additional Construction Management Services Project #15085 Scope of Work —Supplement 6 March 2019 EXHIBIT A-6 TASK 4 — CONSTRUCTION OBSERVATION Construction Observation services will continue in accordance with the original scope of work. Additional observation time is required to achieve physical completion due to longer contract duration: 4.5 The Consultant shall provide the services of one full-time inspector with necessary oversight, engineering, and administrative support for an additional 105 working days as described in the Background section of this scope of work. Part-time inspection is anticipated for certain remaining work elements. The budget is based on 40 hours/week full-time inspection and 20 hours/week part- time inspection for up to 105 working days associated with change order and weather days. Deliverables • Daily Construction Reports with project photos — submitted on a weekly basis • Punch List, Certificate of Substantial Completion • Review test reports for compliance TASK 5 — CONSTRUCTION SERVICES — OFFICE Construction Office services will continue in accordance with the original scope of work. Additional time is required to achieve physical completion due to longer contract duration: 5.27 The Consultant shall provide the services of one part-time resident engineer and one part-time documentation specialist with necessary oversight, engineering, and administrative support for an additional 105 working days as described in the Background section of this scope of work. The budget is based on 16 hours/week part-time resident engineer and 20 hours/week part-time documentation specialist. Deliverables • Submittal log • RFI Log • Completed Record of Material for Material Certification • Change Order(s) • Change Management Log • RFI Log • Minor Change Order(s) • Force Account Records • Record drawings in electronic and hard copy format TASK 6 — SURVEY & MATERIAL TESTING No additional funds are requested for this task. We have been able to mitigate the longer contract duration and can continue to provide the services described in the original scope of work within the previously authorized budget. City of Tukwila 53' Ave S Page 3 of 4 KPG Additional Construction Management Services Project #15085 Scope of Work —Supplement 6 March 2019 EXHIBIT A-6 TASK 7 - ADDITIONAL SERVICES Additional services requested by the client, will be performed only when authorized by the client. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach (except as completed on a day to day basis by the inspector and resident engineer as described herein), Public Meetings, Ribbon Cutting Ceremony, claims analysis, additional surveying, services during shutdown periods of non -working days, and services for extended working days are examples of possible additional services. This fee is based on 340 working days (two weeks prior to construction, 215 working day contract,105 additional days per this supplement, and two weeks for closeout, 8 hour days), additional extension of days will be approximately $3,000 per day. City of Tukwila 531d Ave S Page 4 of 4 KPG Additional Construction Management Services Project #15085 Scope of Work — Supplement 6 March 2019 WW11311111135l HOUR AND FEE ESTIMATE Project: City of Tukwila TIB No. 8-1-116(012)-1 53rd Ave S Tukwila # 99110301 Supplement No. 6 KPG No. 15085 Additional Construction Management Services Project Project Resident Senior Const Const Doc Control Senior Task Description Manager Engineer Engineer I Inspector I Inspector I Technician Admin Admin Budget $ 166.00 $ 140.00 $ 125.00 $ 128.00 $ 92.00 $ 77.00 $ 77.00 $ 115.00 Task 1 - Management/Coordination/Administration No Additional Budget Required 1 0 0 0 0 0 0 0 0 Is - Reimbursable expenses - no additional required 1 $ - Task Totals 1 0 0 I 0 0 0 0 I 0 0 1$ - Task 2 - Design Support during Construction No Additional Budget Required 0 0 0 0 0 0 0 0 $ - Reimbursable ex enses - no additional required I 1 $ - Task Total 1 0 0 0 0 0 0 0 0 - Task 3 - Preconstruction Services No Additional Budget Required 6 6 0 0 0 0 0 10 Is - Reimbursable expenses - no additional required is - Task Total 0 0 0 0 0 0 0 0 1 $ Task 4 - Construction Observation 4.5 Construction observation (add'I 90 days) 21 42 42 840 420 0 0 0 $ 160,776 Reimbursable expenses - no additional re uired $ - Task Total 21 1 42 42 840 420 0 0 0 $ 160,776 Task 5 - Construction Services - Office 5.27 Construction office services (add'I 90 days) 84 42 336 0 0 0 420 42 $ 98,994 Reimbursable expenses - no additional required I Is - Task Total 84 42 336 0 0 0 420 42 $ 98,994 Task 6 - Survey & Material Testing No Additional Budget Required 0 0 0 0 0 0 1 0 1 0 Is - Reimbursable expenses - no additional required I I I $ - Task Total 1 0 0 0 I 0 0 1 0 0 0 $ - Total Hours 105 84 378 840 420 0 420 42 Total Bud et: $ 259,770 City of Tukwila 53rd Ave S KPG Additional Construction Management Services Project 15085 Budget Estimate - Supplement 6 Page 1 of 1 March 2019 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 15=-159(e) Council Approval N/A CONTRACT FOR SERVICES Amendment #5 Between the City of Tukwila and KPG, P.S. That portion of Contract No. 15-159 between the City of Tukwila and KPG, P.S. is amended as follows: Article 2, Scope of Services, shall be supplemented with the following: There is no change in the scope of work. This supplement is for a time extension only. Article 3 - Duration of Agreement; Time for Performance shall be modified as follows: This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2019, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2019 unless an extension of such time is granted in writing by the City. Article 4, Payment, shall be modified as follows: There is no change in the payment amount. The contract total will remain $1,514,431.69 All other provisions of the contract shall remain in full force and effect. Dated this Co day of De , 20 CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENT1CATED Christy 0 aherty, MMC, City Cle L CONTRACTOR Printed Name: APPROVED AS TO FORM ity Attorney Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number 15-159(d) Council Approval 3/5/18 CONTRACT FOR SERVICES Amendment #4 Between the City of Tukwila and KPG Inc. That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide construction services in accordance with the scope of work included as Exhibit A-4. Article 3 - Duration of Agreement; Time for Performance shall be modified as follows: This Agreement shall be in full force and effect for a period commencing upon execution and ending June 30, 2019, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2019 unless an extension of such time is granted in writing by the City. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B-4, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $858, 842.00 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $1,514,431.69 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this 15 day of nei 20 I S Allan Ekberg, Mayor ATTEST/AUTHENTICATED Christ O'Fla -rty, MMC CONTRACTOR Printed Name: la( -s_04 lyc' APPROVED AS TO FORM Cit Attorney / 504d 0L a--oz.(6 Al/ -S Page 1 of 1 EXHIBIT A-4 Construction Management Services Scope of Work February 2018 City of Tukwila 53rd Ave S (5 144th Street to S 137th Street) Project No. 99110301 TIB Project No.: 8-1-116(012)-1 KPG Project #: 15085 This work will provide construction management services for the construction contract to complete the following; Construction of approximately 2200 linear feet of street improvements within and outside of the right-of- way of 53rd Ave S, including but not limited to construction of asphalt roadway, curb, gutter, planters, and sidewalk; retaining walls; roadway excavation, and hot mix asphalt overlay; new storm conveyance and treatment system; new utility water main; undergrounding of existing franchise utilities with joint utility trench and service conversions; utility adjustments; illumination; landscaping; channelization and signing; and other work necessary to complete the Work as specified and shown in the Contract Documents. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The proposed project team will include one part-time project manager, one resident engineer, one documentation control specialist, one inspector, design team support as required, sub - consultants to provide services for materials testing, and other supporting tasks as deemed necessary. It is anticipated that full-time site observation will be required for the entire duration of construction. • The level of service is based on project duration of approximately 11 months, or 215 working days with 10 days prior to construction and 10 days for closeout - total of 235 working days, 8 hour days. • It is anticipated that the client will review and execute the insurance, bonds, and the Construction Contract. City of Tukwila 53rd Ave S Construction Management Services Scope of Work Page 1 of 9 KPG Project #15085 February 2018 EXHIBIT A-4 • KPG field staff will perform day to day public outreach to ensure affected residents are notified in advance of impending contractor activities. • The design engineers from KPG will be available during construction to answer questions during construction and review RAMs, shop drawings, and answer RHs. The engineer of record will be available to provide background information on the design should it be necessary. • Services will be performed in accordance with the Contract plans & special provisions, WSDOT Local Agency Guidelines ("LAG"), the WSDOT Construction Manual, and the client engineering standards. • The franchise utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems not constructed by the Client's Contractor, if necessary. • Client/Field Office: The Contractor will provide a field office as required by the contract documents. The Consultant's field staff shall have access to the field office. I1. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the client by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for, and ultimately that the client receives a successful review by TIB at the end of the Project. TASK 1— MANAGEMENT/COORDINATION/ADMINISTRATION Provide overall project management, coordination with the client, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures and CM team scope activities. Prepare and submit project progress letters to the client along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source. Deliverables • Monthly invoices and progress reports. TASK 2 — DESIGN SUPPORT 2.1 Engineer of record will attend preconstruction conference to answer any questions as needed. City of Tukwila 53'd Ave 5 Construction Management Services Scope of Work Page 2 of 9 KPG Project #15085 February 2018 EXHIBIT A-4 2.2 Provide additional design, right of way and utility support to coordinate final franchise utility plans, establish franchise utility working days for energization and wreckout of aerial system, and support condemnation and outstanding license to construct attainment as required. 2.3 Provide overall project design support, coordination with the client, review Submittals, respond to RFI's, and provide support during Field Work Directives, change orders, minor changes, etc. An allowance of $5,000 is included in the budget for support from the geotechnical consultant. Deliverables • Submittal Review Comments • Responses to RFI's, etc. TASK 3 — PRECONSTRUCTION SERVICES 3.1 Utility Coordination Meeting: Prepare for and attend utility meeting prior to start of construction. 3.2 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the client's offices. The Consultant's project manager, resident engineer, inspectors, and document control specialist will attend the preconstruction conference. The Consultant will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Pre -construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, Federal, State, and local requirements, EEO, apprenticeship requirements, and any other items that will result in better project understanding among the parties involved. 3.3 Develop ROM: The Consultant will develop a Record of Materials (ROM). Deliverables • Preconstruction conference agenda with meeting minutes • Preconstruction photos TASK 4 — CONSTRUCTION OBSERVATION 4.1 The Consultant shall provide the services of a resident engineer during construction activities and one full-time inspector, and other tasks necessary to monitor the progress of the work. Construction staff shall oversee all work required under the project construction contract plans and specifications on the project site, and will observe the technical progress of the construction, including providing day- to-day contact with the Contractor and the client. Field inspection staff will perform the following duties as a matter of their daily activities: i. Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, Client and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the Standard Specifications. City of Tukwila 53rd Ave S Construction Management Services Scope of Work Page 3 of 9 KPG Project #15085 February 2018 EXHIBIT A-4 ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the Client of any non -conforming work observed during site visits. iii. Document all material delivered to the job site in accordance with the LAG Manual. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. All daily inspection reports will adhere to WSDOT Local Agency Guidelines. v. Interpret Contract Documents in coordination with Client and the Client's Contractor. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. viii. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. ix. Prepare field records and documents to help assure the Project is administered in accordance with funding agency requirements. x. Collect and calculate delivery tickets and scaleman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10- 2). xi. Attend and actively participate in regular on-site weekly construction meetings. xii. Take periodic digital photographs during the course of construction, and record locations. xiii. Coordinate with the Client's traffic operations and maintenance personnel. xiv. Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with the Client and those agencies. 4.2 Material Testing: Coordinate with the Contractor and the Material testing firm to schedule testing of materials in the field meet specifications. 4.3 Utility Coordination: Coordinate with the various utility companies and contractor regarding utility work. Consultant shall provide opportunities for each entity to coordinate and shall make every effort possible to ensure coordination efforts are timely, effective, and executed to the benefit of the project. Consultant cannot guarantee client's Contractor or Franchise Utilities performance of work. 4.4 Close Out: Upon substantial completion of work, coordinate with the client and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be prepared by the Consultant and issued by the client. Assumptions: City of Tukwila 53rd Ave S Construction Management Services Scope of Work Page 4 of 9 KPG Project #15085 February 2018 EXHIBIT A-4 • Consultant will provide observation services for the days/hours that the Contractor's personnel are on-site. o Assumption is client's Contractor shall work normal 40 hour work weeks. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work, and pursue the other remedies in the interests of the client, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor's performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or client's expectations. Deliverables • Daily Construction Reports with project photos—submitted on a weekly basis • Punch List, Certificate of Substantial Completion • Review test reports for compliance TASK 5 — CONSTRUCTION SERVICES — OFFICE 5.1 Document Control. The Consultant shall provide the services of a full-time document control specialist. Original documentation will be housed at KPG's Tacoma office, and filed in accordance City of Tukwila 53rd Ave S Construction Management Services Scope of Work Page 5 of 9 KPG Project #15085 February 2018 EXHIBIT A-4 with standard filing protocol to meet WSDOT Highways & Local Program Requirements & City of Tukwila requirements. Document Control also consists of preparing Final Project Reports for the Client and includes: • Final Estimate (Approving Authority File) • Comparison of Preliminary and Final Quantities (Approving Authority File) • Final Records as identified in WSDOT LAG (Approving Authority File) • Record of Material Samples and Tests • Affidavit of Wages Paid • Release for the Protection of Property Owners and General Contractor • Property owner and environmental commitment file 5.2 Project Coordination: Liaison with Client, construction contractor, engineer and utilities on a regular basis to discuss project issues and status. 5.3 Utility Coordination: Liaison with franchise utilities on a regular basis to assess status of relocation activities, coordinate with both Contractor and utilities in the -event of unforeseen utility conflicts, and coordinate with both Contractor and utilities to protect existing utilities during construction. 5.4 Material Testing - Documentation: Compiling, recording, and distribution of any testing reports. 5.5 Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. 5.6 Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. 5.7 Lump Sum Breakdown: Evaluate construction contractor's Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated with detailed data per WSDOT LAG Requirements. 5.8 Monthly Pay Requests: Prepare monthly requests for payment, review with the client, contractor, and approve as permitted. Utilize client provided format for pay estimates, or Consultant format. 5.9 Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule and compare with field -observed progress. In addition, perform schedule analysis on contractor provided CPM updates and review schedule for delays and impacts. Coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control. 5.10 Certified Payroll: Process and track all certified payroll per WSDOT Highways & Local Program Requirements. This includes verifying the initial payroll for compliance and 10% of all payrolls City of Tukwila 53`d Ave 5 Construction Management Services Scope of Work Page 6 of 9 KPG Project #15085 February 2018 EXHIBIT A-4 submitted thereafter, and tracking payroll each week. Payroll and payroll logs will adhere to WSDOT LAG requirements. 5.11 Weekly Statement of Working Days: Prepare and issue weekly statement of working day report each week. 5.12 TIB Reporting/Coordination: Prepare and track all necessary reports and documentation for pay requests, scope changes, and change orders. 5.13 Subcontractor Documentation: Process/approve all required subcontractor documentation per WSDOT Highways & Local Program Requirements. Request to Sublets will be verified and logged. This includes verifying business licensing, reviewing insurance documentation, verifying client business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into WSDOT's subcontractor logs. 5.14 Cost Projections: Prepare up to four cost projections for the project. Projections to be based on the current amount paid to date, pending change orders, quantity projections, and other information. A memo to file at substantial completion will be written outlining all of the over/under-run in accordance with the WSDOT LAG and CM Manual. 5.15 Record Drawings: Review record drawings prepared by the Contractor and Utilities, and prepare a conformed set of project record drawings based on Contractor provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. A final AutoCAD set of Record Drawings will be prepared based on redline construction records. 5.16 Physical Completion Letter: Following completion of all punchlist work, prepare physical completion letter to the contractor, and recommend that client and/or Utilities accept the project. 5.17 Project Closeout: Transfer all project documents to the client for permanent storage_ . A thumb drive or CD will be provided with all electronic documents and pictures. 5.18 Environmental' Permitting: The Consultant will review the Contractor's SWPPP and Construction Stormwater General Permit monitoring plan prepared by the Contractor. The Contractor shall be responsible for implementation and permit compliance. 5.19 Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Key submittals to be transmitted to the Client for their review and approval. Submittals shall be logged and tracked. 5.20 Request for Information ("RFI"): Review and respond to RFIs. RFIs shall be logged and tracked. 5.21 Record of Materials ("ROM"): Utilize ROM and update based on Special Provisions and Plans for use on the project, based on the contract specifications and WSDOT/LAG requirements. Maintain the ROM according to WSDOT Highways & Local Program Requirements. The ROM will track all of the materials delivered to the site including manufacturer/supplier, approved RAMs, QPL items, material compliance documentation, and all other required documentation. 5.22 Change Management Logs: Develop and maintain a case log that includes change orders, RFPs, and Field Work Directives per Highway & Local Programs Guidelines City of Tukwila 53rd Ave S Construction Management Services Scope of Work Page 7 of 9 KPG Project #15085 February 2018 EXHIBIT A-4 5.23 Change Orders: All change orders must be authorized by the client prior to issuance to the Contractor. Develop change orders per Highway & Local Programs Guidelines, provide technical assistance to negotiate change orders, and assist in resolution of disputes that may occur during the course of the project. Each change order will be executed in accordance with WSDOT Local Agency Guidelines and contain the following: • Change order • Independent Cost Estimate • Time Impact Analysis • Contractor's Pricing • Verbal Approval Memo • Change Order Checklist (LAG Manual) • Back up documentation 5.24 Field Work Directives: Prepare field work directives as necessary to keep the contractor on schedule. 5.25 Minor Change Orders: Develop minor change orders per WSDOT Highways & Local Program Requirements. Each minor change order will be executed in accordance with WSDOT Local Agency Guidelines and contain the following: • Independent Cost Estimate • Verbal Approval Memo • Back up documentation 5.26 Force Account: Track contractor force account labor, equipment, and materials. Provide payment according to WSDOT requirements. All force account calculations will be verified by the engineer and double checked by the documentation specialist per WSDOT LAG Manual. Deliverables • Submittal log • RFI Log • Completed Record of Material for Material Certification • Change Order(s) • Change Management Log • RFI Log • Minor Change Order(s) • Force Account Records • Record drawings in electronic and hard copy mylar format Assumptions • It is assumed that upon Physical Completion of this project the Consultant's obligation of this scope shall be met and all documentation for the project shall be turned over to the City of Tukwila. • No night inspection will be required on this project. TASK 6 — SURVEY & MATERIAL TESTING City of Tukwila 53rd Ave S Construction Management Services Scope of Work Page 8 of 9 KPG Project #15085 February 2018 EXHIBIT A-4 6.1 Survey Support: Consultant will provide on call survey spot checks as requested by City or CM team. Construction surveying is the Contractors responsibility. 6.2 Material Testing: Coordinate the work of the materials testing technicians and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and address deficiencies. Frequency of testing shall be as prescribed in the WSDOT Construction Manual and LAG manual. Materials testing will be performed by a Sub -consultant. The Sub -consultant will meet qualified tester requirements as identified in WSDOT LAG 52.3.32 for projects on NHS highway systems. A budget allowance of $50,000 is included in the budget. Assumptions • Contractor shall be responsible for utilizing their own PLS additional survey necessary to construct the Work. TASK 7 -ADDITIONAL SERVICES Additional services requested by the client, will be performed only when authorized by the client. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach (except as completed on a day to day basis by the inspector and resident engineer as described herein), Public Meetings, Ribbon Cutting Ceremony, claims analysis, additional surveying, services during shutdown periods of non -working days, and services for extended working days are examples of possible additional services. This fee is based on 235 working days (two weeks prior to construction, 215 working day contract and two weeks for closeout, 8 hour days), additional extension of days will be approximately $3,000 per day. City of Tukwila 53rd Ave 5 Construction Management Services Scope of Work Page 9of9 KPG Project #15085 February 2018 EXHIBIT B-4 FEE SUMMARY Project: City of Tukwila 53rd Ave S Construction Services Fee 235 working days / Approx 11 months Interdisciplinary Design TIB No. 8-1-116(012)-1 Tukwila # 99110301 KPG No. 15085 Description Estimated Fee Task 1 - Management/Coordination/Administration $ 28,643 Task 2 - Design Support $ 73,397 Task 3 - PreconstructionServices $ 21,972 Task 4 - Construction Observation $ 302,592 Task 5 - Construction Services - Office $ 367,910 Task 6 - Survey & Material Testing $ 64,328 City of Tukwila 53rd Ave S Construction Management Services Fee Estimate Total: $ 858,842 Page 1 of 5 KPG Project #15085 February 2018 EXHIBIT B-4 HOUR AND FEE ESTIMATE Project: City of Tukwila 53rd Ave S Construction Services Fee 235 working days / Approx 11 mo Task Description TIB No. 8-1-116(012)-1 IC.P Gs Tukwila # 99110301 Interdisciplinary Design KPG No. 15085 (10 days prior to Construction; 215 working days; 10 days for closeout) Total Fee *Project Manager $ 207.69 *project Engineer $ 114.23 *Engineer { *Survey Technician i Crew $ 97.36 ; $ 214.18 *Resident Engineer $ 114.23 *Const Inspector $ 116.83 *Doc Specialist $ 81.00 *Office Admin $ 110.34 Fee Task 1 - Management/Coordination/Administration 1.1 Project Organization and Layout 60 0 0 I 0 8 0 0 24 $ 16,023 1.2 Monthly Review and Invoicing 40 0 0 0 8 0 0 24 $ 11,870 General Project Management and Coord. 0 0 0 f 0 0 0 0 0 $ - Reimbursable expenses - see breakdown for details $ 750.00 Task Totals 1 100 1 0 0 I 0 16 0 1 0 48 $ 28,643 Task 2 - Design Support during Construction 2.1 Preconstruction Conference 2 8 0 0 0 0 0 0 $ 1,329 2.2 Right of way and utility support 40 320 24 16 40 0 0 0 $ 55,194 2.3 Design Support during Construction 0 100 0 0 0 0 0 0 $ 11,423 Reimbursable expenses - see breakdown for details $ 5,450 Task Total I 42 428 24 16 40 0 I 0 0 $ 73,397 Task 3 - Preconstruction Services 3.1 Utility Coordination Meeting 1 8 24 0 0 40 40 20 0 $ 15,265 3.2 Preconstruction Conference 1 2 4 0 0 4 4 8 0 $ 2,445 3.3 Develop ROM 1 0 0 0 0 10 0 20 0 $ 2,762 Reimbursable expenses - see breakdown for details $ 1,500 Task Total 1 10 28 0 0 54 44 1 48 0 $ 21,972 Task 4 - Construction Observation 4.1 Construction Observation 16 40 0 0 400 1780 0 0 $ 261,537 4.2 Material Testing - Field Coordination 0 0 0 0 80 40 0 0 $ 13,812 4.3 Utility Coordination - Field Inspector 0 0 0 0 40 80 0 0 $ 13,915 4.4 Closeout - Inspection 0 8 0 0 24 40 0 0 $ 8,328 Reimbursable expenses - see breakdown for details $ 5,000 Task Total 1 16 48 0 1 0 544 1940 1 0 0 $ 302,592 City of Tukwila 53rd Ave S Construction Management Services Fee Estimate Page 2 of 5 KPG Project 15085 February 2018 EXHIBIT 8-4 HOUR AND FEE ESTIMATE Project: City of Tukwila 53rd Ave S Construction Services Fee 235 working days 1 Approx 11 mo Task Description TIB No. 8-1-116(012)-1 IC F2S Gr. Tukwila # 99110301 Interdisciplinary Design KPG No. 15085 (10 days prior to Construction; 215 working days; 10 days for closeout) Total Fee *Project Manager $ 207.69 *Project Engineer $ 114.23 *Engineer Technician $ 97.36 *Survey Crew $ 214.18 *Resident Engineer $ 114.23 *Const Inspector $ 116.83 *Doc Specialist $ 81.00 *Office Admin $ 110.34 Fee Task 5 - Construction Services - Office 5.1 Document Control 0 0 0 0 80 0 1 600 0 $ 57,738 5.2 Project Coordination 40 40 0 0 500 0 60 0 $ 74,852 5.3 Utility Coordination 16 24 0 0 40 0 40 0 $ 13,874 5.4 Material Testing - Documentation 0 0 0 0 20 0 260 0 $ 23,345 5.5 Weekly Meetings (44 x 2 hr each) 8 44 0 0 88 88 144 0 $ 38,685 5.6 Initial Schedule Review 0 0 0 0 8 0 2 0 $ 1,076 5.7 Lump Sum Breakdown 0 0 0 0 8 0 16 0 $ 2,210 5.8 Monthly Pay Requests 0 0 0 0 36 0 72 0 $ 9,944 5.9 Monthly Schedule Review 0 0 0 0 12 0 6 0 $ 1,857 5.10 Certified Payroll 0 0 0 0 8 0 80 16 $ 9,159 5.11 Weekly Statement of Working Days 0 0 0 0 24 0 24 0 $ 4,686 5.12 TIB Reporting / Coordination 0 0 0 0 24 0 24 0 $ 4,686 5.13 Subcontractor Documentation 0 0 0 0 18 0 60 0 $ 6,916 5.14 Cost Projections 0 0 0 0 24 0 60 0 $ 7,602 5.15 Record Drawings 0 40 80 0 24 0 8 0 $ 15,747 5.16 Physical Completion Letter 0 0 0 ' 0 2 0 8 0 $ 876 5.17 Project Closeout 0 0 0 0 32 40 80 16 $ 16,574 5.18 Enviromental Permitting 4 8 0 0 8 0 20 0 $ 4,278 5.19 Submittals 8 40 0 0 60 0 40 0 $ 16,325 5.20 Request for Information (RFIs) 8 40 0 0 32 0 30 0 $ 12,316 5.21 Record of Materials (ROM) 0 0 0 0 24 0 80 0 $ 9,222 5.22 Change Management Logs 0 0 0 0 8 0 24 0 $ 2,858 5.23 Change Orders 4 8 16 0 16 0 1 30 0 $ 7,560 5.24 Field Work Directives (FWD) 4 8 40 0 16 0 24 0 , • $ 9,411 5.25 Minor Change Orders 4 8 0 0 8 0 24 0 $ 4,602 5.26 Force Account 4 8 0 0 16 0 40 0 $ 6,812 Reimbursable expenses - see breakdown for details $ 4,700 Task Total 1 100 268 136 j 0 1136 128 I 1856 ' 32 $ 367,910 Ci y of Tukwila 53rd Ave S Construction Management Services Fee Estimate Page 3 of 5 KPG Project 15085 February 2018 EXHIBIT B-4 HOUR AND FEE ESTIMATE Project: City of Tukwila 53rd Ave S Construction Services Fee 235 working days / Approx 11 mo Task Description TIB No. 8-1-116(012)-1 Tukwila # 99110301 KPG No. 15085 (10 days prior to Construction; 215 working days; 10 days for closeout) Interdisciplinary Design Total Fee *Project Manager $ 207.69 *Project Engineer $ . 114.23 *Engineer Technician $ 97.36 *Survey Crew 1 $ 214.18 *Resident Engineer $ 114.23 *Const Inspector $ 116.83 *Doc Specialist $ 81.00 *Office Admin $ 110.34 Fee Task 6 - Survey & Material Testing 6.1 Survey Support 0 20 30 40 0 0 0 0 $ 13,773 6.2 Material testing 0 0 0 0 0 0 0 0 $ - Reimbursable expenses - see breakdown for details 1 $ 50,555 Task Total 1 0 20 30 40 0 0 0 0 $ 64,328 Total Hours 268 792 190 56 1790 2112 1904 80 Subtotal: $ 858,842 City of Tukwila 53rd Ave S Construction Management Services Fee Estimate Page 4 of 5 KPG Project 15085 February 2018 EXHIBIT B-4 HOUR AND FEE ESTIMATE Interdisciplinary Design Project: City of Tukwila TIB No. 8-1-116(012)-1 53rd Ave S Tukwila # 99110301 Construction Services Fee 235 working days / Approx 11 months Reimbursable Breakdown Cost Task 1 - Management/Coordination/Administration Mileage $ 500.00 Reproduction $ 250.00 Task 1 - Total $ 750.00 Task 2 Design Support during Construction Mileage $ 250.00 Reproduction $ 200.00 Geotechnical support allowance $ 5,000.00 Task 2 - Total $ 5,450.00 Task 3 Preconstruction Services Mileage $ Misc Field Supplies $ 1,500.00 Task 3 - Total $ 1,500.00 Task 4 - Construction Observation Mileage $ 5,000.00 Task 4 - Total $ 5,000.00 Task 5 - Construction Services - Office Mileage $ 2,200.00 Mylar Record Drawings $ 1,000.00 Office Supplies/Repro $ 1,500.00 Task 5 - Total $ 4,700.00 Task 6 - Survey & Material Testing Mileage $ 555.00 Material Testing Allowance $ 50,000.00 Task 7 - Total $ 50,555.00 Total Reimbursable Costs: $ 67,955.00 City of Tukwila 53rd Ave S KPG Construction Management Services Project #15085 Fee Estimate Page 5 of 5 February 2018 Client#: 1487397 KPGINC2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/Yl'YY)03/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Kibble & Prentice PR 601 Union Street, Suite 1000 Seattle, WA 98101 CONTACT NAME: PHONE 206 441-6300 Fax 610-362-8528 (A/C, No, Ext): (A/C, No): ADDREss: PL.CertRequest@usi.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Ohio Security Insurance Company 24082 INSURED KPG, PS 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 INSURER B : Berkley insurance Company 32603 INSURER C : 01/01/2019 INSURER D : $1,000,000 INSURER E : $1,000,000 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE IN RL W D POLICY NUMBER (BR MMIDDCDYIYEYYY) (MM/LDD�Y) LIMITS A X COMMERCIAL GENERAL UABIUTY BZS1958424084 D1/01/2018 01/01/2019 EACH OCCURRENCE $1,000,000 PREMISES (Ea occurrence) $1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PRO - JECT PER: 1 LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X UABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOOWNEDS NON - AUTOS ONLY BAS1958424084 D1/01/2018 01/01/2019 EsaBcciden) INGLELIMIT J1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) (lyes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A BZS1958424084 (WA Stop Gap) 01 /01/2018 01/01/2019 , STATUTE X ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Liability AEC901872400 D1/01/2018 01/01/2019 $1,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requ red) RE: KPG PN 15085 - 53rd Ave S Construction Services, Contract #15-159, Project #99110301, TIB Project #8-1 116(012)-1. CERTIFICATE HOLDER CANCELLATION City of Tukwila City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #S22648233/M22569762 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TATJV This page has been left blank intentionally. Policy Number: BZS58424084 BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened. Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section 11 - Liability is amended as follows: A. Supplementary Payments Section A.1. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension - Supplementary Payments for the cost of bail bonds is replaced by a $3,000 limit. 2. The $250 limit shown .in Paragraph A.1.f.(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit.. B. Broadened Coverage For Damage To Premises Rented. To You 1. The last paragraph of Section B.1. Exclusions - Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to 'property damage". BP 79 96 09 16 © 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 1 of 4 sr� IM/Mf 10.011. En= 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions - Applicable To Business Liability Coverage - Profes- sional Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses Definitions: a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: (1) Expenses incurred by the insured for first-aid to others at the time .of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above. D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". 2. The insurance afforded to the additional insured is limited as follows a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c. The insurance afforded to the additional insured does not apply .to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: © 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 BP79960916 (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders,, change orders, or drawings and specifications: and (b) Supervisory, inspection, architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C. Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly farmed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.1. Business Liability does not apply to: a. "Bodily injury" or 'property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the "occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. BP 79 96 09 16 Q 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 3 of 4 Section F. Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. 2. Paragraph F.9. is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders; change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, ,architectural or engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; BP 79 96 09 16 @ 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 POLICY NUMBER: BZS58424084 BUSINESSOWNERS BP 14 02 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to add as an additional Insured in a written agreement. as needed by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 1I — Liability is amended as follows: A. The following is added to Paragraph C. Who Is An Insured: Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard'. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.- If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BP 14 02 0713 B. With respect to the insurance afforded to these additional insureds, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BZS58424084 BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE` Name Of Person Or Organization: As required by written contract Paragraph PC Transfer Of Rights Of Recovery Against Others To Us in Section 111 - Common Policy Conditions is amended by the addition of, the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organi- zation shown in the Schedule above. *Information required to complete this Schedule, if not shown above, will be shown in the Declarations. BP 04 97 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 Policy Number: BZS58424084 COMMERCIAL AUTO CA88100110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX _® $UBJEGT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 lHEI ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 iimma AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDRION 22 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(induding employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN 1 LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOIMNG AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II - UABIUTY COVERAGE is amended as follows: 1. BROAD FORM INSURED a SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock a during the policy period. However, "insured' does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of This policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; CA88100110 02010 Liberty Mutual Insurance Company„ AN rights reserved. Includes copyrighted material of Insurance Services Office Inc., with its Permission, Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To 'bodily injury" or "property damage" that occurred before you acquired . or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to indude the following as an insured: 1. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in That "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement Is excess over any other Insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION 11- LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respell to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an Insured". However, such person or organization Is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto'; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been Issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to 53,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) Ali reasonable expenses incurred by the insured at our request, Including actual loss of earn- ings up 10 $500 a day because of lime off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION Il - LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the 'bodily injury" results from the use of a covered "auto" you own or hire. SECTION 11I - PHYSICAL DAMAGE COVERAGE Is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION 111- PHYSICAL DAMAGE COVERAGE, is amended by adding the following; If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended 10 "autos": a. You hire, rent or borrow: or CA 11610 01 10 ol2010Liberty Mutual Insurance Carnpany, Alt rights reserved. includes copyrighted material of Insurance Services Office Inc.. with its Permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehide is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for loss" in any one "accident" or loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision,, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" If it results from an "accident", you are legally liable and the lessor incurs an actual financial lass. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V- DEFINITIONS Is amended by adding the following: "Total loss" means a loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing. Is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, '"light truck" or "medium truck" Is dis- abled. a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For light trucks"„ we wil pay up to S50 per disablement, "Light bucks" are trucks that have a gross vehide weight (GVW) of 10.000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, Is amend- ed to provide a limn of $50 per day and a maximum limit of 51.500 02010 Liberty Mutual Insurance Company. All rights reserved. CA 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "foss', to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages, We will pay only for those expenses Incurred after the first 24 hours following the "axldent" or loss" to the covered "auto.' b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially Tess than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avaa- able for your use and operation cannot fill. e. If loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension, f. No deductible applies to this coverage, For the purposes of thls endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE„ we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION 1111 - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage an this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to 5600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V- DEFINITIONS is amended by adding the following: For the purposes of thls provision, "personal effects" mean tangible property that Is wom or caned by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow - If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following; 02010 Lterty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc„ with its Permission, Page 4 of 7 prar NIIIIIRI 7 5 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual' or data signals, whether or not designed solely for the reproduction of sound, If the equipment is permanently Installed In the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's' electrical system, In or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property wit be reduced by a $100 deductible. 14. LOAN 1 LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you In any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", 6. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or teases, e. Final payment due under a "Balloon Loan", 1. The dollar amount of any unrepaired damage which occurred prior to the 'total loss" of a covered "auto", g. Security deposits not refunded by a feasor, h. Ali refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees;, or 2. The actual cash value of the damage or stolen property as of the time of the loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the 'loss`°. This adjustment is not applicable in Texas, B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss, C. SECTION V- DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total toss" means a loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment, CABB100110 402010 Liberty Mutual Insurance Company. All rights reserved, Includes copyrighted material of Insurance Services Office Inc,, with its Permission. Page 5 of T 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION 111. PHYSICAL DAMAGE COVERAGE is amended by the addition of the following; The deductible does not apply to loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs, or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry white it is: a. In the charge of an "Insured"; b. Legally parked; and c. Unoccupied, The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto' must exceed the deductible shown in the Declarations. This provision does nol apply to any 'loss" if the covered "auto' is in the charge of any person or organization engaged in the automobile business. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV. BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES 1N THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", daim, "suit° or "loss", you must promptly notify us when it is known to: 1. You, .if you are an Individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the 'employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the accident" or lass" took place; (2) The "insureds" name and address; and (3) The names and addresses of any Inured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others lo Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. CA 88100110 62010 Liberty Mutual Insurance Company. Al rights reserved. Incudes copyrighted material of Insurance Services Office Inc., with its Permission. Page 6 of 7 g MENEMNEE 20. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or Tess, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V- DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury„ shock, fright or death resulting from any of these at any lime. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. CA08100110 .2010 Liberty Mutual Insurance Company, Al rights reserved. Indudes copyrighted material or Insurance Services Office Inc.. with hs Permission. Page 7 of 7 Policy Number: BZS58424084 COMMERCIAL AUTO CA 88 66 05 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, modified by this endorsement. This endorsement identifies person(s) or organization(s) Provision of the Coverage Form. This endorsement does Name of Person(s) or Organization(s): As required by written contract Regarding Designated Contract or Project: As required by written contract the provisions of the Coverage Form apply unless who are "insureds" under the Who Is An Insured not alter coverage provided in the Coverage Form. Schedule Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Cov- erage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribu- tion from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. CA 88 66 05 13 © 2013 Liberty Mutual Insurance, All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 15-159(c) Contract Approval NIA CONTRACT FOR SERVICES Amendment #3 Between the City of Tukwila and KPG Inc. That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended as follows: Article 3 - Duration of Agreement; Time for Performance shall be modified as follows: This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2018, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2018 unless an extension of such time is granted in writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , I CO -ffle.", 20 / CITY OF TUKWILA CONTRACTOR g?CDA,,, .1enr1° s 0b-ef40 \ IM r Pro -r .ryt. p- -e... Printed Name: id&5 DA -vi) `51Lcji 4/6/7177it—,S Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 15-159(b) Council Approval 2/13/17 CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and KPG Inc. That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide right of way services in accordance with the scope of work included as Exhibit A. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $79, 858.20 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $655,589.69 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this 1 i day of F` r .J , 20 17 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: f6--40-4 D-4'4; S 14 48 APPROVED AS TO FORM City Attorney `5O/,d 2 a7/6i/49G5' Page 1 of 1 EXHIBIT A City of Tukwila 53rd Avenue South S 144th Street to S 137th Street Supplement No. 2 — Property Acquisition Services KPG Scope of Work January 9, 2017 PURPOSE: This supplement is provided to provide right of way and easement acquisition services for the 53rd Avenue S project. Following completion of the selected roadway alternative, it has been determined that additional property rights are needed on 19 parcels along the project corridor in order to accommodate required retaining walls, luminaires, utility vaults, and curb returns. Work includes obtaining additional title reports that were not anticipated in original scope, administrative offer summaries to determine value, property negotiations, and closing for required easements and right of way as described herein. City of Tukwila Page 1 of 2 KPG 53rd Avenue South 1/9/2017 SCOPE OF WORK: Task 8 Right of Way Calculations 8.4 Right of way acquisition services will be provided by RES Group Northwest under subcontract to the Consultant in accordance with the scope of work, assumptions, and deliverables included as Attachment 1. School district negotiations will be performed by the City and is not included in this scope of work. The level of effort for negotiation of each parcel is lower than is typical for this type of project in order to meet project budget constraints based on the assumption that this will be a straight forward acquisition with minimal negotiations required. Additional Services The City may require additional services of the Consultant in order to advance all or portions of the project corridor through final design and construction. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: • Obtaining title reports and providing final right of way / easement legal descriptions and exhibits beyond the quantity estimated in the scope (19 parcels) • Providing additional property appraisals and negotiations • Providing additional permitting or environmental studies • Providing additional design services • Providing construction services These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila Page 2 of 2 KPG 53rd Avenue South 1/9/2017 HOUR AND FEE ESTIMATE City of Tukwila 53rd Avenue South Supplement No. 2 - Property Acquistion Services co • c rn oE O < 0 CC. E C! W 7 7 O 0 a J C0 m `r Z 2Lo • 0 .- co cs, 0 • C O 0I W E9 N O O N N COO C(0 CO n A co ti C9 to CA C9 O O O O et O 0 2 UJ W C � a O . ai 0 '.: c C 0 m A 1.= O , - c w c 0 O d 3 m 0� m O n I- = 0 O.v7 CO Y Y H N f' 1- Calci V CO O c 0 0 0 0 Q. 0.1 Total Estimated Fee: City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 F Agreement Number: 15-159(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and KPG Inc. That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2017, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2017 unless an extension of such time is granted in writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this 114 day of , 20 1 L CITY OF TKWIA CONTRACTOR Allan Ekberg, Mayor / Printed Name: ik-t, ATTEST/AUTHENTICATED / APPROVED AS TO FORM Christy O'FIalSerty, MMC, City Clerk 'Ckelti 9 City Attorney Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 15-159 Council Approval 9/8/15 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and KPG, 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 engineering services in connection with the project titled `53rd Avenue South (S 144th Street to S 137th Street)'. 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. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2016 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 $575,731.49 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 as 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 the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All 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 rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CA revised : 1-2013 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1-2013 Page 3 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, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability 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. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1-2013 Page 4 17. 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: KPG 753 9th Avenue North Seattle, WA 98109 18. Entire Agreement; Modification. 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. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this �•Trf day of STi2p—re.,,,N, j� / , 2015. CITY OF TUKWILA Attest/Authenticated: V IFC City Clerk, Chri y O'Flaherty CA revised : 1-2013 CONSULTANT By: Printed Name:Nelson Davis, KPG Title: Principal Approved as to Form: Office of the City Attorney Page 5 EXHIBIT A City of Tukwila 53rd Avenue South S 144th Street to S 137th Street KPG Scope of Work August 11, 2015 PURPOSE: This project includes preparation of final Plans, Specifications and Estimates for the 53rd Avenue South Project. Project elements include: Roadway (Project No. 9910301) Pavement restoration, minor widening; curb, gutter, and sidewalk; shared bicycle markings; channelization; ADA upgrades; illumination; franchise utility undergrounding, retaining walls, and landscape restoration between S 144th Street and S 137th Street. Surface Water (Project No. 90341213) Installation of new conveyance system from S 144th Street to S 137th Street, including water quality and flow control measures as required to mitigate roadway project. Opportunities to retrofit existing roadway will be evaluated and implemented where practical based on cost effectiveness and available right of way. Water (Project No. 90540106) Installation of new water main and appurtenances between S 144th Street and Interurban Avenue South. Sewer (Project No. 91440205) Provide necessary utility adjustments to match new roadway grades, install a side street extension to the vacant S 142nd Street right of way, and evaluate pipe inspection videos for potential spot repairs to existing sewer and/or manholes. Work includes necessary base mapping, design, State Environmental Protection Agency (SEPA) documentation, Cultural Resources, and franchise utility coordination. City of Tukwila Page 1 of 9 KPG 53rd Avenue South 8/11/15 SCOPE OF WORK: Task 1 Project Management/Coordination/Administration. 1.1 Provide project management administrative services including: • Project set-up and execute agreement • Execution of subconsultant agreements • Preparation of monthly progress reports and invoices • Record keeping and project closeout 1.2 Provide overall project management including: • Project staff management and coordination • Subconsultant management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 8 coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: • One formal kickoff meeting at project start • Monthly meetings at the City throughout the project duration (estimate 7). 1.4 Provide QA / QC reviews by senior staff of all major deliverables prior to submittal to the City. Deliverables • Project Schedule and necessary updates • Monthly progress reports and invoicing • Meeting agendas and minutes including a summary of decisions made / needed resulting from design coordination meetings. Task 2 Survey and Base Mapping. Limits of survey: 53`d Avenue S (Approximately 60 feet wide plus additional at driveways and side streets) from the south side of S 144th Street to the north side of S 137th Street and from S 137th Street to Interurban Avenue S along the proposed water line replacement route. 2.1 Establish horizontal and vertical control points along the corridor for field topographic survey. Basis of control will be City of Tukwila Datum. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Section Corners • Side street monuments • Property Corners City of Tukwila Page 2 of 9 KPG 53" Avenue South 8/11/15 2.2 Field Survey and Note Reduction. Perform note reduction of the field survey data. 2.3 Mapping work to prepare 1 "=20' topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. 2.4 The Consultant will retain the services of a firm to field locate and paint all utility locations within the project corridor so that they can be surveyed and incorporated into the base maps. Service line locations and gravity storm and sewer will not be field located. Perform field survey to locate paint marks including surface features (valves, manholes, catch basins, junction boxes, vaults, etc). Irrigation systems will not be included. 2.5 Perform observation and measure -downs of existing storm drain catch basins and manholes. The approximate size, type (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size and location of storm drainage pipes will be documented. These observations will be made from the surface. 2.6 The Consultant shall survey the utility potholes performed by franchise utilities and/or subconsultant. The budget includes a $10,000 allowance for potholing of City owned facilities. Deliverables • Electronic copies of the completed field topographic base map in PDF and AutoCAD. Task 3 Public Outreach / License to Construct 3.1 Prepare flyer describing project and to obtain rights of entry for survey and mapping to ensure smooth transition with adjacent improvements. Mailing and postage will be provided by the City. 3.2 Prepare for and attend up to two (2) community open house meetings. Mailing meeting notices and room arrangements will be provided by the City. 3.3 Prepare license to construct forms and exhibits for each property along the corridor. Conduct up to 20 one-on-one meetings with adjacent residents to describe the project and obtain right of entry signatures. Deliverables • Camera-ready mailings and flyers. • Open house meeting graphics • Right of entry forms and exhibits (40 parcels) • Summary Notes from open house meetings. City of Tukwila Page 3 of 9 KPG 53rd Avenue South 8/11/15 Task 4 Stormwater Preliminary Design and Alternatives Analysis The Consultant shall prepare preliminary engineering of stormwater management and conveyance facilities required for the project. Preliminary engineering will include the following sub -tasks: 4.1 Compile and review existing stormwater data, including GIS data, record drawings, and previous storm drainage reports for projects in the vicinity of the proposed roadway improvements. 4.2 Perform an offsite analysis in accordance with Section 2.3.1 of the 2009 King County Surface Water Design Manual (KCSWDM). The analysis will extend downstream from the approximately 1/4 mile to the Duwamish River outfall. 4.3 Analyze all applicable Core and Special Requirements of the KCSWDM to determine stormwater management requirements that will apply to the project. 4.4 Identify potential alternatives for meeting stormwater management requirements of the KCSWDM, and a full retrofit of the roadway for water quality treatment. Perform preliminary calculations for sizing alternatives facilities and prepare conceptual drawings to illustrate each alternative. 4.5 Perform alternatives evaluation, consisting of planning -level cost estimates and evaluation of advantages and disadvantages for each alternative for use in alternative selection by the City. 4.6 Prepare and submit a Draft Stormwater Design Report to document the preliminary stormwater design activities performed in the above subtasks. The report will identify a recommended alternative for the stormwater management design. 4.7 Prepare a Final Stormwater Design Report. Deliverables • Conceptual Drawings to illustrate each stormwater alternative., in PDF format • Draft Stormwater Design Report, 2 bound copies of report and in PDF format • Final Stormwater Design Report, 2 bound copies of report and 1 in PDF format Assumptions 1 electronic file 1 electronic file electronic copy • The storm drainage design will be in accordance with the standards of the City of Tukwila Municipal Code (14.30.060), including the 2009 King County Surface City of Tukwila Page 4 of 9 53rd Avenue South KPG 8/11/15 Water Design Manual (KCSWDM) and the City's 2010 Infrastructure Design and Construction Standards. • The King County Runoff Time Series (KCRTS) will be used for hydrologic modeling and design of stormwater management facilities. • XP Storm software by XP Solutions will be used for hydraulic modeling if required for offsite analysis. • Water quality treatment alternatives will include a full retrofit of the roadway, even if Core Requirement 8 of the KCSWDM requires less than a full retrofit. Task 5 Geotechnical Report The Consultant shall coordinate with a qualified geotechnical firm to complete field investigations to support the project as follows: 5.1 Review existing preliminary plans and geotechnical, geological and environmental reports for the immediate area. 5.2 Plan, coordinate, and manage the field investigation, which will include the following: • Obtain right-of-way permits from the City for the field investigation. • Mark core/boring exploration locations and request public utility locates. A separate trip to the site will be necessary to mark the exploration locations in order to get the utility locates completed, and a second trip will be necessary to observe locates and verify no conflicts exist or to select an alternate exploration location. • Complete up to eight borings at an average of approximately 15 feet to explore the existing pavement section, underlying subgrade conditions, infiltration capacity, and to determine wall design parameters. Up to 3 wells will be left in place in order to monitor seasonal groundwater fluctuations. 5.3 Complete geotechnical laboratory analyses on disturbed soil samples obtained from the explorations, including up to four moisture content determinations, up to four grain -size determinations, up to four cation exchange capacity tests, and up to four organic matter content determinations. 5.4 Prepare a draft (electronic PDF copy) and final report summarizing our findings, conclusions, and recommendations related to the following: • Subsurface soil and groundwater conditions and results the of laboratory testing • Feasibility of stormwater infiltration potential of native soil based on City of Tukwila Page 5 of 9 KPG 53rd Avenue South 8/11/15 subsurface conditions encountered, and limited laboratory testing that includes grain -size analyses • Potential of existing soil to provide water quality treatment • Foundation recommendations for luminaires based on Washington State Department of Transportation Chapter 17 • Provide recommendations for wall design and pavement section Deliverables • Draft and Final Geotechnical letter report Task 6 Final Plans, Specifications and Estimates The Consultant shall prepare Final Plans, Specifications and Estimates for advertisement and award by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the State of Washington. 6.1 Coordinate with Seattle City Light, CenturyLink and Comcast Cable to develop a preliminary undergrounding of overhead utilities plan. Each utility company will provide a schematic design of their proposed undergrounding facilities, including vaults, number and size of conduits, temporary pole relocations, and terminal pole locations. The Consultant shall incorporate the utility provided information into a preliminary aerial conversion plan compatible with proposed corridor improvements. The Consultant will prepare a summary table of existing connection type by parcel and provide the City with a summary of properties that need to be converted to underground service. 6.2 Analyze illumination to provide levels consistent with the current City illumination standards. Prepare a preliminary layout of the street illumination system and include supporting calculations in a brief technical memorandum. 6.3 Develop retaining wall cross section alternatives (plan and typical section) and comparative level of opinion of cost. In determining the type of wall to use, the Consultant will analyze cost and constructability of each wall system. As the structural design needs for walls is unknown, the budget includes a $30,000 allowance for structural / geostructural design services. 6.4 Prepare draft Technical Information Report in accordance with City stormwater requirements to include additional water quality facilities approved in task 4. 6.5 The Consultant shall prepare 30% Plans and Estimate for City review and comment. Plans will contain a roadway profile and sufficient plan view information to allow verification of scope by City departments prior to final design. Draft TIR, urban design/landscape memorandum, and illumination calculations will be included with City of Tukwila Page 6 of 9 KPG 53rd Avenue South 8/11/15 the 30% submittal. 6.6 The Consultant shall incorporate City comments and prepare 60% Plans, and Estimate for City review and comment. 6.7 The Consultant shall address City comments and finalize TIR. 6.8 The Consultant shall incorporate City comments and prepare 90% Plans, Specifications, and Estimate for City review and comment. Specifications will be based on WSDOT/APWA and City Standards. 6.9 Prepare contract specifications for the 90% and Bid submittals based on WSDOT/APWA standards (English), grant funding requirements, and applicable LAG standards. 6.10 Perform 30%, 60%, 90% and Bid Document quantity take -offs and opinion of costs. 6.11 The Consultant shall incorporate comments and finalize bid documents. Bid documents will be uploaded to bxwa.com for advertisement by the City. It is anticipated that final plans will include the following sheets. Sheets may be combined or separated for clarity: Cover sheet Sheet Index, Survey Control & Alignment Data Legend and Abbreviations Roadway Sections Paving Details Drainage Details Right of Way Plans Site Preparation and Erosion Control Plans Roadway Plans Roadway Profiles Drainage Plans Drainage Profiles Water Plans and Details Sanitary Sewer Plans and Details Driveway Plan and Profiles Retaining Wall Plan and Elevations Retaining Wall Details Landscape Restoration Plans and Details Illumination Plans and Details Channelization and Signing Plans and Details Joint Utility Plans and Details (5 (9 TOTAL = (1 sheet) (1 sheet) (1 sheet) (1 sheet) (2 sheets) (4 sheets) (5 sheets) (6 sheets) (5 sheets) (5 sheets) (5 sheets) sheets) sheets) (3 sheets) (10 sheets) (8 sheets) (4 sheets) (8 sheets) (6 sheets (6 sheets) (7 sheets) 102 sheets 6.12 The Consultant shall provide bid period services to include responses to bidder inquiries, preparation of addenda, attendance at bid opening, preparation of bid City of Tukwila Page 7 of 9 53rd Avenue South KPG 8/11/15 tabulation, and recommendation to award or reject the apparent low bidder. The budget assumes a straight forward review process with the low bidder receiving the contract award. Deliverables • 30% Plans (1/2 size) & estimate, 5 bound, 1 unbound copy, 1 electronic file in PDF format • 60% Plans (1/2 size), specifications & estimate, 5 bound, 1 unbound copy, 1 electronic file in PDF format • 90% Plans (/2 size), specifications & estimate, 5 bound, 1 unbound copy, 1 electronic file in PDF format • Final Bid Documents, 10 bound copies 1/2 size Plans, 1 electronic file in PDF format. Task 7 Environmental. 7.1 Cultural Resources Investigation. The Consultant will conduct the required cultural resources assessment in compliance with Washington State EO05-05. 7.2 SEPA Checklist:The Consultant will prepare a SEPA checklist for the project improvements for based on the reviewed 30% Plans. Deliverables: • An electronic copy of the draft Cultural Resources report in Adobe PDF. • An electronic copy in Adobe PDF and three (3) paper copies of the final Cultural Resources report.. • SEPA submittal copies as required. Task 8 Right of Way Calculations Perform the following work items necessary to establish the existing right-of-way (ROW) along the corridor based on publicly available information. Title research is not anticipated or included in the project budget. 8.1 Research Records. Determine which existing corners and monuments should be field located and surveyed. 8.2 Calculations for ROW lines. Using the research information and the survey work described above, calculate location and surveyed corners, roadway features and monuments. Incorporate existing right of way into project base maps. 8.3 Analyze right of way needs based on approved 30% Plans and develop right of way Plans. It is anticipated that right of way and/or easements may be required at curb returns at sidewalks, for retaining walls, and other site utilities. 8.4 Obtain title reports for up to 12 parcels and prepare up to 12 legal descriptions and City of Tukwila Page 8 of 9 KPG 53rd Avenue South 8/11/15 exhibits for right of way takes, wall easements, and/or utility easements. Deliverables: • Right of way information will be incorporated into the project base maps. • Up to 12 legal descriptions and exhibits. Additional Services The City may require additional services of the Consultant in order to advance all or portions of the project corridor through final design and construction. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: • Obtaining title reports and providing final right of way / easement legal descriptions and exhibits beyond the quantity estimated in the scope (12 parcels) • Providing property appraisals and negotiations • Providing additional permitting or environmental studies • Providing additional design services • Providing construction services These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila Page 9 of 9 KPG 53rd Avenue South 8/11/15 HOUR AND FEE ESTIMATE L • E • 7 Aia.8k tt coF if) 4165 City of Tukwila a a) O 53rd Avenue South S 144th Street to S 137th Street *Labor Hour Estimate C U C CO U H V) fp) a N 2 O) a C w M a)1 - O a) C_ a) 0) (n C W, 0) U O a •0 N a) 0 N N CO"(13 0 O O M O O (4 M co (0 O O) (A 0) M O M N. N CO N O CO N N to to co O N CO CO O O O N O O O O O O O CO O O O O O O O (O O CO CO N CO N (O O c 0 (O E 0 m U a) 0 d O N C (/' Oc _ c c o) E o O O U C 1.f0 .5 c o O U C O) 0) co C a) N 'O E Uco a) y 0. N N a) `) U a a 0 U 0 0) 0 O 03 Q) N Task Totals (A O 0) 0) 0) (O (O (A N (O CO a V r - (D W (00 0 0 a- 0 0 0 o N O (") (O (A EA O N O O O O O O co O n 0) O 0 0 0 0 0 O 0 0 0 0 0 0 O 0 0 N O O O O O O O O O CO co O N N O O CO N O N O O O O 0 0 0 0 0 O O U O p) c N 0 a) c o C E E C 0 N 0 (5 0) c 0 CO a0 NN LU ii Task 2 - Surve N N N CO M N U 0.) a) 0 0 T 0) m 0 0 0 U N 3 O O N 0) a) a) E E 0 N (O N Task Totals Task 3 - Public Outreach O O N 0) (A (0 0 0 M N a O 0 CO a (O O O 0) 0) M O O (f) L( n N O 0) (O N r. (A (A (A (A (A CO CO O N O 0 0 O O a 0 0 CO 0 O O (O O 0 'Zr N O N N CO N co Q O V O N O) E O C j O O L 0 C a) ay CL o0 w. .0 L x E a) E u o U C C 0 (O 0 c (6 0 m (6 0_ `) a N M O a) N U (6 0 `) a M M O b N m H x w HOUR AND FEE ESTIMATE 0 ♦E• 70 8c E...-.1"- AI ..< W S�= kqW a;; gU •S♦ City of Tukwila u w O a` 53rd Avenue South S 144th Street to S 137th Street *Labor Hour Estimate (0 c 0) 0 < co O C a0 V •O (0 <� E9 CO a) >i (O N En- c (NI (6 U •_ C co U V) cgU) 0) O 'y 00 C 0 w�, to 1- n and Alternatives Ana y a) 0 ca Task 4 - Stormwater Preli CO M M N O (O (fl to (0 r - OD O N (NJ O CO ID O N O) N CO N. M Co N O O O O (fl te O O O O O CO CO (D 1 0 O O O O O O O O O O O 0 0 O O 0 O O O O CO V N a a N (0 a 0 O N CID O O CO O O O N N (D a) m E a) .0 ca (a N `) a m a) E O 0 v N m m d 0) 0 v M a v Stormwater alternatives evaulation N v O 0 CD a) cc w c c 0) t) Draft Stormwater De co. Final Stormwater De N. v 0 H co co H a O r M O co O O O O M 69 41, N O O a CD O N ask 5 - Geotechnical Report 5.1 Coordinate Geotechnicz O) 0 O a) 0) a) a_) Task Total CD it) o) O $ 5,139.17 CO CO O CO EA $ 7,678.24 $ 85,336.84 0 a) 1.0 N n EA $ 1,765.42 $ 95,080.80 coo (o (0 O- 69 $ 7,941.92 coo M 0) N Eft $ 4,320.44 0 O O M 69 $ 500.00 0 O N N 69 $ 371,239.41 CO N N N CO CO N CO CO O CO aCO 0 O 0C/0000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO CO CO O 200 180 O 200 CO c4o 40 680 CO O O N 300 240 �t 300 CO CO 0 co 0 O a - 40 24 16 40 (0 (0 CO 220 V 24 80 CO 820 CO V 100 80 N OO O CO 40 CO a CO N V N N N O 40 'Cr V' V V 120 6.1 Coordination for utility undergrounding 6.2 Analyze and layout illumination system 6.3 Develop retaining wall recommendation 6.4 Prepare Draft TIR 6.5 Prepare 30% Plans 6.6 Prepare 60% Plans 6.7 Prepare Final TIR 6.8 Prepare 90% Plans 6.9 Prepare Specifications (90%, Final) 6.10 Quantity and cost estimating (30%, 60%, 90%, Final) 6.11 Finalize Bid Documents 6.12 Bid Period Services Structural wall design allowance a) 0) CO a) Reproduction Task Total H x w HOUR AND FEE ESTIMATE City of Tukwila 53rd Avenue South S 144th Street to S 137th Street 0 T0 F- *Labor Hour Estimate O 0 •c Cr). U O < fA CO .c co. O -0 O (n < fA O 2 • m U C N U • L W O C �? o) 'OO O c cl W EA 0 N N C M 2 15)� c (s,3 M L 0 - O O) c C O O) Ma- w W y� c 0 a 0 N 0 Y 1- Task 7 - Environmental O (0 0 O O O O M O O co N (0 0 0 OD r- CO 4) 0 0 0)CO Co CO o to 01 CO 0 10 i M N I� a M V' CO- O N n N 10 (H (H (» (» (fl ta 69 fH Eft ER fR VI (A fA O O O O O O N c0 O O O O O c0 CO N (D N N ras 0 a) U 0 a W 0 O N Widener and Associates 0) N c O U 0 O 0. CD CC Calculations as O Task 8 - Ri O O O O O CO O CO CO CV N CO a N O N N N O et O O O R N M CO CO c 0 0 0 0 0_ O) Total Estimated Fee: BUDGET SUMMARY S 144th Street to S 137th Street TOTALS LA M N N EA LOCO CO CO v CO CO (0 0)o6 0) 0) 6 N- r 0) E- N N CO I" - 6) V' O () c- N u') N M co M,— N 69 69 Efl EA EA Efl Efl $ 575,731.49 $ 718,000.00 CIP Budget Items 99110301 99110301 90341213 90540106 91440205 Street Street Surface Water Water Sewer Design Land (R/W) Design Design Design $ 5,576.37 $ - $ 5,576.37 $ 5,576.37 $ 5,576.37 $ 10,051.29 $ - $ 13,251.29 $ 28,178.22 $ 8,275.64 $ 9,983.85 $ - $ 7,487.89 $ 4,991.93 $ 2,495.96 $ - $ - $ 30,138.78 $ - $ - $ 13,291.36 $ - $ 13,291.36 $ 3,322.84 $ 3,322.84 $ 185,619.70 $ - $ 111,371.82 $ 55,685.91 $ 18,561.97 $ 2,846.46 $ - $ 2,846.46 $ 2,846.46 $ 2,846.46 $ - $ 22,717.48 $ - $ - $ - $ 227,369.04 $ 22,717.48 $ 183,963.98 $ 100,601.74 $ 41,079.25 $ 193,000.00 $ 100,000.00 $ 200,000.00 $ 125,000.00 $ 100,000.00 N Q H Task1 - Management/coordination/administration Task 2 - Survey and Mapping Task 3 - Public Outreach Task 4 - Stormwater Preliminary Design and Alternatives Analysis Task 5 - Geotechnical Report Task 6 - Final Plans, Specifications, and Estimates Task 7 - Environmental Task 8 - Right of Way Calculations Totals: 2015 - 2016 Budget: _