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HomeMy WebLinkAbout21-187 - KPG, P.S. - Engineering Services: 2022 Overlay ProgramCity of Tukwila 6200 Southcenter Boullevard, Tukwilla wA 88188 Agreement (Number: 21-187(d) Council Approval N/A CONTRACT FOR SERVICES Amendment # 4 Between the City of Tukwila and KPG Psomas Inc. That portion of Contract No. 21-187 between the City of Tukwila and KP Psomas (Inc. (frmly KPG, P.S.) is hereby amended as follows: Section 3 Duration of Agreement; Time for Performance: The completion date has been amended from December 31, 2022 to April 15, 2023. All other provisions of the contract shall remain in full force and effect. Dated this 6th day of December , 2022 CITY OF TUKWILA HP e3iyned via 3eainleeeDuce.cei Key. 0.3304a-6,0 9c1c3bf66-lea7c Allan Ekberg, Mayor 12-06-2022 ATTEST/AUTHENTICATED elorztii 067621 e' g Key: 61655005-1,7,2 11,95,4921381 e Christy O'Flaherty, MMC, City Clerk CA Reviewed May 2020 CONTRACTOR Printed Name: Nelson Davis APPROVED AS TO FORM esignecl via sesmlessrJccs.ccm Office of the City Attorney Page 1 of 1. City of Tukwila 6200 Southcenter Boulevard, Tukwila. WA 98188 Agreement Number: 21-187(c) Council Approval N/A CONTRACT FOR SERV CES Amendment # 3 Between the City of Tukwila and KPG Psomas (Inc. That portion of Contract No. 21-187 between the City of Tukwila and IKPG Psomas Inc. (firmly KPG, P.S.) is hereby amended as follows: Section 2 Scope of Services shall be amended with the foliowin.: The Consultant agrees to provide construction services for the Tukwila Parkway Emergency Repair project in accordance with the scope of work included as Exhibit A-3. Section 4 Pa ment shall be modified as follows: An estimated budget for work provided by Consultant is included as Exhibit B-3, provided that the total amount of payment to the consultant under this agreement shall not exceed $486,317.00 (Orig PSA $149,400.00 + this Amend 1 for $35,000.00 + Amend 2 for $265,988.00 + this Amend 3 for $35,929.00) 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 3rd CITY OF TUKVWILA HP day of October , 2022 Allan Ekberg, Mayor 10-03-2022 ATTEST/AUTHENTICATED eSignen via 3eamlessDocs com ehtaty rigtahetty K Y- . _ , I ' 5,540, CONTRACTOR Printed Name:: Nelson Davis Vice President APPROVED AS TO FORM ee3ignen c a SeamlessSoce coni_-- said Christy O'Flaherty, MMC, City Clerk. Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 EXHIBIT A-3 City of Tukwila 2022 Overlay Program Project Number 22240101 KPG Psomas Supplement No. 3 Construction Services for Tukwila Parkway Emergency Repair Scope of Work September 20, 2022 This work will provide construction management services within the City of Tukwila (CITY) for the subject project. Improvements to be performed include traffic control, erosion control, roadway excavation, roadway restoration, sidewalk and ADA ramp replacement, signal modifications, and permanent channelization. A detailed scope for the Contract follows: INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: The CONSULTANT will include one full-time Construction Services onsite inspector, one part-time Resident Engineer, and one part-time Documentation Specialist, as needed to support the successful completion of the project. The CONSULTANT'S level of service is based on project duration of approximately 25 working days of construction, with part time effort for 5 days of preconstruction and 0 days of closeout. The CONSULTANT will develop, manage and deliver a completed Record of Materials (ROM), in a simplified format appropriate for a project of this size and type. The CITY will review and execute the insurance, bonds and the Construction Contract. All Community Outreach will be completed by the CITY. The CONSULTANT will assist the CITY with review of RAM's, shop drawings, and answering RFI's. These services will be performed in accordance with the Contract Plans & Special Provisions, WSDOT Local Agency Guidelines (LAG), the WSDOT Construction Manual, and Thurston CITY engineering standards. Relocation of franchise utilities is not anticipated. If needed, franchise utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems. The CONSULTANT will coordinate franchise utility inspection. 1 of 6 EXHIBIT A-3 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 CITY by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all the required Project documentation is accounted for, and ultimately that the CITY can receive a successful review by all agency standards. TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION Part-time Project Manager shall monitor project progress, assist with scheduling resources, and track budget throughout project lifespan. Provide monthly invoicing reports. This effort will include the following elements: Review monthly expenditures and Construction Management (CM) team scope activities. Prepare and submit project progress letters to the CITY along with invoices describing CM services provided each month. Task 1 Deliverables: Monthly invoices TASK 2—ADMINISTRATIVE SERVICES UP NTP A limited amount of time has been budgeted to assist the CITY with coordination and preparation items in advance of the start of construction. The tasks identified for assistance are: Pre -Construction Conference: The CONSULTANT will prepare an agenda for, distribute notices of, and conduct a Pre -Construction Conference in the CITY's offices or virtually if necessary. Distribution list shall be provided by the CITY. The CONSULTANT's Construction Services staff members will attend the Pre -construction Conference. The CONSULTANT will prepare a written record of the meeting and distribute copies of the notes 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, franchise utilities, unusual conditions, Federal, State, and local requirements, and any other items that will result in better project understanding among the parties involved. Pre -Construction Photos: Excluded from Scope Review Plans and Specifications: The CONSULTANT will review the Contract plans and specifications prior to the start of construction. Prepare Hard and Electronic Files: The CONSULTANT will prepare all necessary files to administer the project. Prepare ROM: The CONSULTANT will prepare a modified ROM and will maintain the ROM through the project duration. Due to the nature of this project, the ROM is anticipated to be simplified to align with the scale and tracking requirements of the project. 2 of 6 EXHIBIT A-3 Prepare Tem plates: The CONSULTANT will prepare all necessary templates as required by the Contract. Utility Coordination: The CONSULTANT will contribute to preconstruction coordination with all local Utility Agencies as necessary prior to construction to identify areas of concern. Effort shall primarily be led by the CITY. Task 2 Deliverables: • Pre -Construction agenda • Project templates for use by CONSULTANT and CITY during project duration • Simplified Record of Material (ROM) for assistance in tracking submittals for materials permanently incorporated into the project. TASK 3 — CONSTRUCTION MANAGEMENT — NTP TO CLOSEOUT 3.1 Construction Management Office Support (part time) Original documentation will be housed at the CONSULTANT's office. Hard copies of paperwork received in the field (import tickets, TCS reports, etc.) shall be delivered to the CITY at the completion of the project, along with both hard copies and digital copies of any documentation generated by the CONSULTANT. Document Control will consist of the following: Materials Certification: KPG's inspector to visually verify materials on-site or Contractor to provide documentation as needed/ required. Project Coordination: Liaison with CITY, Contractor, Designer, Utilities and property owners as needed/ requested by CITY to discuss project issues and status. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications as related to the civil scope. Coordinate with CITY for resolution of issues involving scope, schedule, and/or budget changes. Weekly Meetings: CONSULTANT will lead weekly meetings through completion of the project, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. Initial c e. u e Review: CPM for conformance with the Contract Documents. Excluded from Scope Submittals: Submittals will be logged, reviewed, distributed, and tracked as they are received. Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Distribute as necessary to the appropriate representatives for review and 3 of 6 EXHIBIT A-3 approval. CONSULTANT will provide primary review capacity of submittals. CITY to share in review process on case-by-case basis. Request for Information (RFI): CONSULTANT will assess and distribute RFI's to the appropriate representatives for review. RFI's shall be logged and tracked by the CONSULTANT. Lump Sum Breakdown: Evaluate Contractors' 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 provided by CONSULTANT. Monthly Pay Requests: Assist in preparation of monthly requests for payment based on CONTRACTOR provided documentation, review with the CITY. CITY to approve and distribute. Utilize CITY -provided format for pay estimates, or CONSULTANT format, at preference of CITY. Change Management: CONSULTANT shall develop and track RFQ's, field work directives, and change orders and provide technical assistance to negotiate changes and assist in resolution of disputes which may occur during the course of the project. Change management will be logged and tracked by CONSULTANT. Task 3 Deliverables: Hard copies of project documentation generated in the field (tickets, TCS reports, etc.) Hard copies and Digital copies of all CONSULTANT -generated documentation through the life of the project (Weekly Statements of Working Days, Progress Payments, Tracking Logs, etc.) TASK 4 — FIELD INSPECTION 4.1 Construction Inspection: The CONSULTANT shall provide the services of one (1) full-time onsite inspector during construction activities. CONSULTANT staff shall oversee the work on the project site, and will observe the technical progress of the construction, including providing day-to- day contact with the Contractor and the CITY. The CONSULTANT's 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 Contractor, CITY, utilities, 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. ii. Inspect material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify Contractor of noncompliance. iii. Document all material delivered to the job site in accordance with the LAG Manual & Construction Manual. iv. Prepare daily inspection reports, recording the Contractor's operations as actually observed by the CONSULTANT; includes quantities of work placed that 4 of 6 EXHIBIT A-3 day, Contractor's equipment and crews, and other pertinent information. All daily inspection reports will adhere to VVSDOT Local Agency Guidelines & Construction Manual. v. Prepare field records and documents to help assure the Project is administered in accordance with funding agency requirements. The Contractor will provide measurement and payment information to the CONSULTANT for development of monthly pay estimates. vi. Attend and actively participate in regular weekly construction meetings. vii. Take periodic digital photographs during the course of construction, and record locations. viii. Coordinate with the CITY's traffic operations and maintenance personnel. ix. Monitor the Contractors temporary traffic control operations for compliance with the Contract Documents and CITY Standards. x. Punch List: Upon substantial completion of work, coordinate with the CITY and affected agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. Assumptions • The CONSULTANT will provide observation services for up to 8 hours a day; the time that the Contractor's personnel are on-site. The Inspector's work schedule will be approved by the CITY. The CONSULTANT's monitoring of the Contractors 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 remedies in the interests of the CITY, as detailed in the Contract Documents. The CONSULTANT cannot guarantee the 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 CITY's expectations. Substantial Completion: Upon substantial completion of work, the CONSULTANT will coordinate with the CITY and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punch list' of items to be completed. A punch list and Certificate of Substantial Completion will be prepared by the CONSULTANT and issued by the CITY. Subsequent reviews of ongoing punch list completion are the responsibility of the CITY and are excluded from this scope. Task 4 Deliverables: • Daily Construction Reports with project photos — submitted on a weekly basis • Punch List, Certificate of Substantial Completion 5 of 6 EXHIBIT A-3 Task 5 - PROJECT CLOSEOUT Other than punch list generation (Task 4), closeout efforts are assumed to be minimal, and specific budget for closeout is not included in this scope. Task 6 MATERIAL TESTING PSIPE Material testing shall be supplied by the CITY or their separately -contracted subconsultant. Coordination of testing needs shall be done between the CONSULTANT and CITY, with actual test scheduling handled by the CONSULTANT. Plant establishment (PSIPE) support is excluded from this scope. Management Reserve No additional budget for expenses beyond the limited scope as provided in this document. Additional efforts required outside the assumptions identified in the scope may require a supplement. ADDITIONAL SERVICES Additional services requested by the CITY will be performed only when authorized by the CITY. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach Public Meetings, Ribbon Cutting Ceremony, claims analysis, surveying, services during shutdown periods of non -working days, and services for extended working days are examples of possible additional services. 6 of 6 EXHIBIT B-3 PRIME CONSULTANT COST COMPUTATIONS Client: City of Tukwila Project: 2022 Overlay Program - Supplement No. 3 Construction Services for Tukwila Parkway Emergency Repairs KPG Psomas Inc. 25 working days + 1 week startup DATE: 9/20/2022 TNft i Task Dncription L,ot How' E ' ie alai Hews and Labor Budget Evtirnate by Task V E I E I 0 L.) E — — LU 5 a Ts t t V g 2 c j 0 0 ts g 2 $ ICI .2 0 0 0 — ._ ,— 245 186 158 143 126 101 134 130 How- Task 1- MANAGEMENT / COORDINATION / ADMNISTRATION 1.1 Management and Administratha Services 735.00 1Project t2 Prepare, raiewandsubmitmonthIyexpanditures 2 2 490.00 TaTota11 5 0 0 J 0 0 0 0 0 J 5 $ 1,225.00 Task2 - Admkgstrative Services t.q3 to Contractor Notice to Proceed (NTP) (1 Week) 3.1 Administrative Sericas up o ContractorNotic-e to Proceed 4 8 12 1,704.00 3.2 PreCon Photos 3.3 Review plans and Specs 4 8 4 16 2,176.00 3.4 Prepare Hard and Elec-tronic Files 4 4 536.00 3.5 Prepare ROM 8 8 1,072.00 3.6 Prepare PreCon Agenda 4 4 8 $ 1,168.00 3.7 PrepareTemplates 4 4 $ 536.00 3.8 Utility Coordination 4 4 632.00 Task TotaJJ 0 0 16 0 8 0 32 7.824.00 Task 3- Construction Management (CM) and AdrniMstrative Services. NTP to Project Closeout. (5 Weeks) 4.1 'Construction Management Office Support 40 40 80 11,680.00 Task Total 40 1 11,680.00 Task 4- Provide Field Inspection for Each of the Project's Working Days (5 Weeks) 5.1 [Construction Inspection 200 200 1 $ 25,200.00 Tad( Total 0 0 0 0 200 0 0 0 200 25,200.00 Task 5- Project Closeout 6.3 IPretareoocumantationto Deliver to City Task Total 1 { - Task 6- Materials Testing 7.1 ISubcontract with Material Tester 0 Task Total Task Total Total Labor Hours and Budget Std3tota 1,225 0 8,848 0 26,208 0 9,648 0 341 45,929.00 Less mused remr_ . (10,000.00) Total Budget - Supplement No. 3 Construction Services for Tukwila Parkway Emergency Repair $ 35,929.00 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-187(b) Council Approval 6/13/22 CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and KPG Psomas Inc. That portion of Contract No. 21-187 between the City of Tukwila and KPG Psomas Inc. is hereby amended as follows: Article 2, Scope of Services, shall be amended with the following: The Consultant agrees to provide the services in accordance with the scope of work included in the attached Exhibit A (Emergency Repair) and Exhibit B (Overlay Construction Services). Article 4, Payment, shall be modified as follows: An estimated budget for work provided by the consultant is included as Exhibit C and D, attached hereto, provided that the total amount of payment to the Consultant under this agreement shall not exceed $450,388.00 (Orig PSA $149,400.00 + Amend 1 for $35,000.00 + this Amend 2 for $265,988) 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 17th day of June , 20 22 CITY OF TUKWILA CONTRACTOR HP Allan Ekberg, Mayor 06/17/2022 Printed Name: Nelson Davis ATTEST/AUTHENTICATED APPROVED AS TO FORM Key: OblbSfabeOfbrao5,2,2f593,215ea Key: aec.,15.25,1,1730713570,1,1clarOef6- Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 EXHIBIT A City of Tukwila 2022 Tukwila Parkway Emergency Repair Scope of Work April 18, 2022 This scope of work is for the restoration of the southeast corner of Tukwila Parkway and Andover Park W. The Consultant shall provide survey and develop a basemap for the identified area, conduct subsurface investigations, prepare preliminary design and bid documents and provide support during bidding and construction. Anticipated project elements include: subgrade, pavement, sidewalk and curb ramp assessment and reconstruction, retrofits to the existing signal system to ensure signal and push button pole stability, and channelization and signing restoration. The exact limits of repairs will be determined in the field in collaboration with the City. The assumed restoration limits are shown in the attached map. SCOPE OF WORK TASK 1 — Basemapping and Subsurface Investigation 1.1 The Consultant shall survey the project area in enough detail to ensure that grading and drainage conditions are restored and that curb ramp and pedestrian facilities can be reconstructed according to current ADA standards. The Consultant shall incorporate existing data from past projects in the area (if available). 1.2 Falling Weight Deflectometer (FWD) testing shall be performed to determine the current subsurface conditions and identify areas of needed repair. The FWD testing will be performed within the intersection and 100 ft down each leg. The Consultant shall hire a subcontractor to perform up to three (3) potholes to assess the subgrade conditions at and around the signal pole foundation. Based on the results of the potholing and subsurface investigation, the Consultant will determine if a structural consultation is needed along with the need for relocation of the existing signal pole. City of Tukwila 2022 Tukwila Parkway Emergency Pavement Repair Page 1 of 4 KPG Psomas April 2022 TASK 2 — Design 2.1 Preliminary Design The Consultant shall prepare 30% plans, cost estimate and a draft design memo documenting the exploration finding and the restoration needs and limits for City review and comment. The plans shall provide sufficient level of detail to clearly identify the required restoration improvements and limits. Design elements will include roadway and sidewalk restoration limits and proposed sections. ADA ramp placement and evaluation of MEF design, channelization and signing restoration, and locations of signal features including the pedestrian signal pole & pushbuttons, 3 new junctions boxes and the signal pole (if required). 2.2 Final Design The Consultant shall prepare 90% plans, specifications and cost estimates. The Consultant shall address the City's 30% plan comments and develop the 90% design. Intersection layout and elevations tables will be added, curb ramp details will be further developed and the signal design will include details and wiring diagrams. Project specification will be developed using the most recent City of Tukwila boilerplate, current WSDOT standard specifications and applicable APWA GSPs. The cost estimate will be updated using current bid prices. The design memo will be updated accordingly. The Consultant shall prepare bid documents based on 90% City comments and finalize the plans, specifications and cost estimate. Plan sheets for this project are anticipated to be as follows: o Cover o Details (2) o Site Preparation o Intersection Plan o Curb ramp details o Signal plan o Signal details Total Sheets = 8 For the initial scoping efforts, it is assumed that the signal pole foundation will not need to be replaced, and that the extent of work around the signal pole will be restoration and compaction of subgrade materials. If during the exploration phase, it is determined that the signal pole foundation requires replacement, additional design efforts will be required. City of Tukwila 2022 Tukwila Parkway Emergency Pavement Repair Page 2 of 4 KPG Psomas April 2022 TASK 3 — Bid and Construction Phase Support 3.1 The Consultant shall provide necessary coordination and support as directed by the City during the bidding and construction phases. Management Reserve Management reserve will be used to address additional work for signal design (if necessary) or other potential unforeseen additions as mutually agreed upon by the City and the Consultant. No work will be completed without prior written authorization from the City. A fee estimate will be developed at the time the work is requested. City of Tukwila 2022 Tukwila Parkway Emergency Pavement Repair Page 3 of 4 KPG Psomas April 2022 PROJECT LOCATION MAP: City of Tukwila 2022 Tukwila Parkway Emergency Pavement Repair Page 4 of 4 KPG Psomas April 2022 EXHIBIT B Construction Management Services Scope of Work May 2022 City of Tukwila 2022 Overlay Program City Project Number: 80010401 KPG Project Number: 21148 KPG Psomas (Consultant) will provide construction management services for the construction contract to complete the City of Tukwila 2022 Overlay Program project. The proposed work includes: Site 1: Adjacent paving sites along Orillia Rd S, S 140th St, S 1415` St, S 142nd St, and 37th Ave S. Site 2: Intersection of S 144th St & 46th Ave S 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 level of service and fee is based on project duration of 60 working days. • The proposed project team will include a part time Project Manager (0.5 hours a week) part time Resident Engineer (20 hours a week), one full time Construction Inspector (45 hours a week), a part time Documentation Specialist (20 hours a week), and one part time Project Engineer from KPG Psomas's design team to review submittals and interpret Contractor inquiries, as needed (30 total hours). The team also includes a sub -consultant to provide services for materials testing and construction site observation to satisfy Tukwila Municipal Codes for work within certain soil classifications. • City will review and execute the insurance, bonds, and the Construction Contract. • Consultant will coordinate during audits or traffic control operations related to project impacts and help the City to complete any other required correspondence with outside agencies. • The City will work with the Contractor to conduct all community outreach in relation to phasing and direct impacts due to construction. The City's Contractor shall be responsible for the communication to the community on schedule and work activities. • KPG design engineers will be available during construction to answer questions and review RAM's, shop drawings, and answer RFI's. City of Tukwila 2022 Overlay Program Construction Management Services Page 1 of 8 KPG Psomas Inc. KPG Project Number 21148 May 2022 EXHIBIT B • Consultant services will be performed in accordance with the WSDOT Construction Manual, Contract plans & special provisions, and City of Tukwila engineering standards. • The franchise Utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems if necessary. • Coordination of construction with franchise utilities, if any, will be done by City Contractor. Consultant will help facilitate coordination between utilities and Contractor as needed or requested by City. II. 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 City 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 City of Tukwila receives a successful review by any outside agency including state audits at the end of the Project. TASK 1— MANAGEMENT / COORDINATION /ADMINISTRATION Provide overall project management, coordination with the City, 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 monthly project progress reports to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s), if any. Deliverables: • Monthly invoices and progress reports TASK 2 — PRECONSTRUCTION SERVICES 2.1 Assist City with Award Process: Review bid tabs for unbalanced items, inspect bid package for completeness, conduct reference and debarment checks through SAM system, and recommend award of lowest responsive bidder. 2.2 Administrative Services up to Contractor Notice to Proceed (NTP): KPG Psomas will provide support startup of the project with any miscellaneous administrative needs as further detailed below: a. Preconstruction (PreCon) Photos: KPG Psomas staff shall collect and log a comprehensive set of precon photos, prior to City Contractor mobilizing to the site, for the purpose of documenting pre-existing site conditions. These shall be delivered to the City in digital form as part of the final project files. b. Review Plans and Specs: KPG Psomas staff shall familiarize themselves with all plans, specs, and City standards that will be incorporated into this project, in order to familiarize themselves with project limits, elements of work to be performed, measurement and payment, and other project -specific considerations, prior to the first working day. City of Tukwila KPG Psomas Inc. 2022 Overlay Program KPG Project Number 21148 Construction Management Services Page 2 of 8 May 2022 EXHIBIT B c. Prepare Hard and Electronic Files: The Consultant will prepare all electronic and hard copy files in preparation for the project. SharePoint will not be utilized on this contract. d. Prepare Record of Materials (ROM): Consultant shall modify WSDOT-provided ROM, to algin with LAG manual exceptions and to improve ease of use by all project parties. In the absence of a WSDOT-provided ROM, KPG Psomas can generate a ROM from scratch, however creation of a complete project ROM is outside the scope of the current budget and may require a supplement. e. Preconstruction Conference: KPG Psomas will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices or via an on-line platform of the City's choice. The Consultant's team will attend the preconstruction conference. Pertinent City staff and private utilities will also be present at this meeting. KPG Psomas will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Preconstruction conference, the Consultant shall help facilitate discussions with the Contractor concerning the plans, specifications, schedules, pay estimate timelines and cutoff dates, issues with utilities, any unusual conditions, State and local requirements and any other items that will result in better project understanding among the parties involved. f. Prepare Templates: KPG Psomas will pre -populate all electronic forms, either Consultant or City provided, in preparation for contract administration. This includes pay estimate templates, weekly working days statements, inspector daily reports, change management tracking templates, etc. g - Utility Coordination: Consultant will assist with external and internal communications regarding utility coordination required for successful completion of the project, including utility relocations, required service interruptions, etc. Deliverables: • Preconstruction conference meeting minutes • Pre -construction Photos TASK 3 — CONSTRUCTION SERVICES - FIELD 3.1 Construction Observation: The Consultant will provide one (1) inspector during construction activities and other tasks necessary to monitor the progress of the work. The Inspector will ensure that the daily inspection reports and working days reporting are completed in a timely manner and contain sufficient information to assess whether the work is being conducted in compliance with the Contract Documents per City, WSDOT,. Consultant will make IDR's available to the City by Friday of the same work week upon request. The Inspector may perform the following duties as a matter of his daily activities: Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, City, utilities, 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 WSDOT Standard Specifications. City of Tukwila 2022 Overlay Program Construction Management Services Page 3 of 8 KPG Psomas Inc. KPG Project Number 21148 May 2022 EXHIBIT B ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non -conforming work observed. iii. Document all material delivered to the job site in accordance with the Contract Documents. 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. v. Interpret Contract Documents in coordination with the City, Contractor, and KPG. 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. Support the Contractor's communication and responsibilities to answer questions from property owners and the general public as needed. viii. Monitor compliance of approved permits per the project specifications, if applicable. ix. Prepare field records and documents to ensure the Project is administered in accordance with the plans and specifications. 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 digital photographs during the course of construction, and record locations. Assumptions: • Consultant will provide observation services for the days/hours that the contractor's personnel are on-site. • Assumption is Client's Contractor shall work normal 40 -hour work weeks. For this project the "normal" work week may occur at night. KPG Psomas does not differentiate day shift from night shift. However, if the City's Contractor works a double shift (both day and night) within a single 24-hour period this will constitute two working days. Consultant's hours for inspection are based on one shift for number of working days allowed per Contract. • Assumption is if Contractor is working at multiple sites within the City of Tukwila, the Consultant will split their time at the multiple locations and prioritize what location to be at for observation. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether 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. 3.2 Material Testing — Coordination & Tracking: The inspector shall coordinate with the Contractor and the material testing firm to schedule testing of materials in the field to ensure they meet specifications per contract requirements. The cost for this effort is included in Task 3.1. City of Tukwila 2022 Overlay Program Construction Management Services Page 4 of 8 KPG Psomas Inc. KPG Project Number 21148 May 2022 EXHIBIT B 3.3 Construction Inspection Nights: Consultant shall support nighttime shifts with onsite observation, as required to match Contractor's schedule. An assumed 10 night shifts at 12 -hours each is included in the budget. Deliverables: • Daily Construction Reports with project photos. • Field Note Records for all field -measurable pay items. • Review material test reports for compliance. TASK 4 — CONSTRUCTION SERVICES — OFFICE 4.1 Construction Management Office Support: Original documentation will be housed at the Consultant's office and filed in accordance with standard filing protocol. Document Control will consist of the following: a. Project Coordination: Liaison with City, construction Contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. b. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. c. Submittals: Consultant shall take lead on submittal reviews/ approvals. Consultant shall coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Submittals shall be logged and tracked by Consultant. d. Requests for Information (RFI): Consultant shall review and respond to RFI's. RFI's shall be logged and tracked by Consultant. e. Weekly Meetings: Consultant will lead weekly meetings. Consultant will prepare agenda for City review and distribute meeting minutes to attendees. Outstanding issues to be tracked on a weekly basis. Weekly Statement of Working Days will be reviewed/accepted by Contractor during the Weekly Meeting. f. Change Orders: The Consultant will develop change orders and the Consultant will provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. The City will approve all change orders before being fully executed. Each change order will be executed in accordance with WSDOT Standard Specifications. g - Field Work Directives: The Consultant will prepare field work directives as necessary to keep the Contractor on schedule. h. Force Account: The Consultant will track Contractor force account labor, equipment and materials. All force account calculations will be verified by the City and double checked by the Consultant. The City shall have final authority to approve any Force Account work prior to agreement with the Contractor. City of Tukwila 2022 Overlay Program Construction Management Services Page 5 of 8 KPG Psomas Inc. KPG Project Number 21148 May 2022 J - EXHIBIT B Schedule Review: Consultant shall perform review of initial Contractor provided CPM for conformance with the Contract Documents. Any discrepancies, conflicts or unreasonable work durations will be brought to the attention of the Contactor and City. Consultant will provide one (1) intermediate review of Contractor's updated schedule and compare with field -observed progress and duration of the project. Lump Sum Breakdown: Consultant shall evaluate construction Contractors' 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. k. Monthly Pay Requests: Consultant shall prepare monthly requests for Contractor payment based on field note records prepared by Consultant field inspector in accordance with contract documents. 1. Weekly Statement of Working Days: Consultant shall prepare, and issue weekly statement of working day report each week to the Contractor and City for review and approval. Weekly statement of working days will be based on field inspection reports provided by Consultant. m. Subcontractor Documentation: Process / approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG's subcontractor logs. 4.2 Certified Payroll: The Consultant will process and check the Contractor and Subcontractor's certified payroll per State Prevailing Wage Requirements. Tracking of payroll shall consist of recording each payroll received from the Prime and Subcontractors and checking pay rates against Contract requirements. Any discrepancies will be brought to the Contractor and City. Deliverables: • Approved Submittals and Submittal log • Responded RFIs and RFI Log • Weekly Meeting minutes • Fully -executed Change Orders and Field Work Directives, with Change Management Log • Force Account Documentation and Tracking Log • Fully -executed Monthly Progress Payments • Subcontractor Packets • Weekly Statements of Working Days • Certified Payroll Tracking Log (hard copy binder not included) • Contractor -generated As-builts, if required by Contract City of Tukwila 2022 Overlay Program Construction Management Services Page 6 of 8 KPG Psomas Inc. KPG Project Number 21148 May 2022 EXHIBIT B • All other project documentation generated during the course of project construction duration. TASK 5 — PROJECT CLOSEOUT 5.1 Closeout Office Support: Consultant shall assist with generation of closeout documentation and pursuit of successful project final completion, as detailed below: a. Substantial Completion Letter: Following full and unrestricted use of the project status being obtained by the Contractor and agreed to by the City, Consultant shall draft Substantial Completion Letter on City letterhead, for issuance to Contractor. b. Physical Completion Letter: Following completion of all punch list work verified by the Consultant and any stakeholders required the Consultant shall prepare physical completion letter to the Contractor and the City shall issue the final contract voucher. c. Final Pay Estimate: Consultant shall prepare final payment estimate, along with any final quantity adjustments needed to existing bid items, for issuance to Contractor, in conjunction with the final contract voucher, issued by the City. 5.2 Closeout Inspection and Punchlist: Consultant shall assist in a punchlist walkthrough with Contractor, City staff, and any other necessary agencies for the purposes of developing a final project punchlist. The Consultant shall assemble walkthrough comments and provide the preliminary list to the City for concurrence, prior to issuing the list to the Contractor. On notification of completion of the punchlist, Consultant shall perform a final walkthrough to confirm satisfactory completion of all items on the list and shall note any remaining discrepancies. Subsequent project walkthroughs are beyond the scope of this agreement, but will be accommodated should the request be made by the City, and sufficient remaining budget allows. 5.3 Certified Payroll Closeout: Consultant shall attempt to ensure that all certified payrolls and affidavits of wages paid are current and complete at the time of project physical completion. This will include regular checks of the L&I portal and frequent reminders to the Contractor to provide any missing information in a timely manner. As the task of gathering the final documentation from Contractors and their Subcontractors can sometimes be an extended process, outside the control of the City or Consultant, after 8 weeks post -physical completion, the Consultant shall perform a final status update of the CP tracking log, along with memos to file of any missing documentation, and shall hand off the remaining verification process to the Client. 5.4 Prepare Documentation to Deliver to City: Consultant shall perform QA/QC on all project documentation deliverables as outlined in Task 4.1, as well as any documentation generated in the course of completion of Task 5, and shall transfer all project documents to the City for permanent storage. • Substantial Completion Letter • Physical Completion Letter • Final Payment Invoice • Project Punchlist • Final Project Documents City of Tukwila 2022 Overlay Program Construction Management Services Page 7 of 8 KPG Psomas Inc. KPG Project Number 21148 May 2022 EXHIBIT B TASK 7 — SUBCONSULTANTS 7.1 Material Testing: A third party subconsultant will be retained by KPG Psomas to provide material testing and construction observation services. All testing will be done in accordance with LAG Manual and WSDOT Construction Manual, or at a desired frequency as -directed by the City's project manager. TASK 8 — ADDITIONAL SERVICES 8.1 Management Reserve: Additional services requested by the City will be performed only when authorized by the City. 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 in task 3.1 — vii), Public Meetings, Ribbon Cutting Ceremony, claims analysis, 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 40 working day contract, with 10 additional reduced -effort days for startup and 20 additional reduced -effort days for closeout, for a total of 70 days / 14 weeks, 8 -hour days, additional extension of days will be approximately $1,080.00 per day for one person. (8 hours x $135.00 = $1,080.00) City of Tukwila 2022 Overlay Program Construction Management Services Page 8 of 8 KPG Psomas Inc. KPG Project Number 21148 May 2022 EXHIBIT C PRIME CONSULTANT COST COMPUTATIONS City of Tukwila Tukwila Parkway Emergency Repair April 2022 Task No. Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Engineer Manager 9 Senior Engineer 9 Project Engineer 11 9 Design Engineer 9 Survey Crew I (W/Equip) ( q p) Project Surveyor Y Senior CAD Technician Senior Admin 260 213 155 132 249 164 134 112 Hours Fee Task 1- Basemapping and Subsurface Investigation 1.1 Survey and Basemapping 2 1 4 8 8 8 31 $5,713.00 1.2 Subsurface Investigation (see Reimburseables Below) 6 4 10 $1,458.00 Task 2- Design 2.1 Preliminary Design 2 4 24 32 2 64 $9,540.00 2.2 Final Design 4 8 48 48 16 2 126 $18,888.00 Task 3- Bid and Construction Phase Support 3.1 Coordination and Construction support 2 4 20 4 30 $5,000.00 Total Labor Hours and Fee 10 17 102 96 8 8 16 4 261 $40,599.00 Management Reserve $5,000.00 Reimbursable Direct Non -Salary Costs Subconsultant Budget (HWA Geosciences) $ 13,000.00 Additional Geotechnical Allowance $ 3,000.00 Pothole Allowance $ 5,000.00 Total Reimbursable Expense $ 21,000.00 Total Estimated Budget $ 66,599.00 FEE ESTIMATE 4/18/2022 EXHIBIT D PRIME CONSULTANT COST COMPUTATIONS Client: City of Tukwila Proj ect: 2022 Small Drainage Program CM Services KPG Psomas Inc. PROJECT NUMBER: 21148 40 working days + 2 week startup and 4 weeks closeout DATE: 5/13/2020 Task No. Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Project Engineer 11 Senior Construction Manager Resident Engineer Senior Construction Observer Construction Observer III Construction Observer II Construction Observer 1 Document Control Specialist Senior Admin Office Admin Office Assistant 172 245 142 212 143 126 101 134 130 98 82 Hours Fee Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 Project Management and Administrative Services 10 10 20 $ 3,750.00 1.2 Prepare, review and submit monthly expenditures 3 3 6 $ 1,125.00 Task Total 0 13 0 0 0 0 0 0 13 0 0 26 $ 4,875.00 Task 2 - Assist City with the Award Process 2.1 Assist City with Award Process 8 8 $ 1,072.00 2.3 Administrative Services up to Contractor Notice to Proceed 2 34 20 42 98 $ 13,466.00 Task Total 0 2 34 0 0 20 0 50 0 0 0 106 $ 14,538.00 Task 3 - Construction Services - Field. NTP to Project Closeout. (8 Weeks) 5.1 Const. Inspection (9 hrs/day for inspection & reports - 40 days) 450 450 $ 56,700.00 5.2 Weekly Construction Meetings 0 $ - 5.3 Construction Inspection Nights (12 hours a night - 10 Nights) 120 120 $ 15,120.00 Task Total 0 0 0 0 0 570 0 0 0 0 0 570 $ 71,820.00 Task 4 - Construction Services - Office (8 Weeks) 4.1 Construction Management Office Support 30 240 220 490 $ 68,720.00 4.2 Certified Payroll Reviews and Tracking 20 20 $ 2,680.00 Task Total 30 0 240 0 0 0 0 240 0 0 0 510 $ 71,400.00 Task 5 - Project Closeout (4 Weeks) 5.1 Closeout Office Support 40 30 70 $ 9,700.00 5.2 Closeout Inspection and Punchlist 16 16 $ 2,016.00 5.3 Certified Payroll Closeout 15 $ 2,010.00 5.4 Prepare Documentation to Deliver to City 35 35 $ 4,690.00 Task Total 0 0 40 0 0 16 0 80 0 0 0 121 $ 18,416.00 Task 7 - Materials Testing 7.1 Subcontract with Material Tester (LS Estimate) 0 $ 9,500.00 Task Total 0 0 0 0 0 0 0 0 0 0 0 0 $ 9,500.00 Task 8 - Management Reserve 8.1 'Upon City Authorization Only 20 20 20 60 $ 8,040.00 Task Total 0 0 20 0 0 20 0 20 0 0 0 60 $ 8,040.00 Total Labor Hours and Fee 5,160 3,675 47,428 0 0 78,876 0 52,260 1,690 0 0 1,393 $ 198,589.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 800.00 Reproduction Allowance $ - Total Reimbursable Expense $ 800.00 Total Estimated Budget $ 199,389.00 140 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-187 (a) Council Approval N/A CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and KPG Psomas Inc. That portion of Contract No. 21-187 between the City of Tukwila and KPG Psomas Inc. (frmly KPG, P.S.) is hereby amended as follows: Section 2 Scope of Services shall be amended with the following: The Consultant agrees to provide City wide ADA design in accordance with the scope of work included as Exhibit A. Section 4 Payment shall be modified as follows: An estimated budget for work provided by Consultant is included as Exhibit B-1, provided that the total amount of payment to the consultant under this agreement shall not exceed $184,400.00 (Orig PSA $149,400.00 + this Amend 1 for $35,000.00) 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 22 day of February , 2022 CITY OF TUKWILA CONTRACTOR e,mmetl via .m,a==Doc= com HP Allan Ekberg, Mayor 03/09/2022 Printed Name: Nandez Miller, Vice President ATTEST/AUTHENTICATED APPROVED AS TO FORM Ch C3/M1 Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 EXHIBIT A City of Tukwila 2022 Overlay Program Supplement 1: City wide ADA design Scope of Work February 1, 2022 The Consultant shall perform design services for various pedestrian facilities throughout the City of Tukwila. The sites selected by the City and Consultant shall be incorporated into the Tukwila Annual Overlay Program Construction Documents. TASK 1 — Final Design 1.1 The Consultant shall prepare Final Plans for up to ten locations throughout the City. The proposed improvements including the following: • Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. • Typical sections and details will be prepared for items not available as standard details from the City, State, or WSDOT standard drawings. • Plans will identify curb ramp replacement limits and pedestrian push button modifications in accordance with ADA requirements. • The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, utility adjustments, surfacing depths and details, and applicable channelization and signing for the segments selected for final design. • Plans and specifications will include required criteria for traffic control plans and pedestrian traffic control during construction. Criteria will be developed in collaboration with the City. • The Consultant shall perform site walkthroughs with the City maintenance staff to determine extent of roadway improvements / resurfacing (Estimate 2 meetings) and to prioritize candidate streets within the available budget. Deliverables • Final Plans for up to ten pedestrian improvement sites City of Tukwila 2022 Overlay Program SUPPLEMENT 1 Page 1 of 2 KPG Psomas Inc. February 2022 Budget • $35,000.00 City of Tukwila 2022 Overlay Program Exhibit B-1 SUPPLEMENT 1 Page 2 of 2 KPG Psomas Inc. February 2022 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Americans with Disabilities Act (ADA) Improvements Project No. 91510405 DESCRIPTION: Construct ADA compliant upgrades to City infrastructure in conjunction with a City developed plan. JUSTIFICATION: The enforcement of ADA laws and standards was delayed pending legal challenges and studies. Recent court rulings now mandate ADA compliance. The City must provide upgrades with most construction projects. STATUS: Provide annual funding to construct improvements as necessary. Began the ADA Transition Plan in 2016 with adoption in 2017. The goal is to resolve ADA compliance issues within a reasonable time period. MAINT. IMPACT: Negligible. COMMENT: Project will be ongoing until City facilities and infrastructure meet ADA requirements. This will also include ADA compliance by utilities and private development. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 231 5 5 5 5 5 5 5 266 Land (RMI) 0 Const. Mgmt. 25 5 5 5 5 5 5 5 60 Construction 103 25 25 40 40 40 40 40 353 TOTAL EXPENSES 359 0 35 35 50 50 50 50 50 679 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Traffic Impact Fees 0 City Oper. Revenue 359 0 35 35 50 50 50 50 50 679 TOTAL SOURCES 359 0 35 35 50 50 50 50 50 679 2021 - 2026 Capital Improvement Program 14 HIllov000Ll 1010 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 21-187 Council Approval 12/6/21 PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and KPG, P.S., 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 2022 Overlay Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. 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, 2022, 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, 2022 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 $149,400.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment 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. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. 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 Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. 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. G. 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. 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. CA revised May 2020 Page 3 11. Discrimination Prohibited. Contractor, 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, the presence of any disability, or any other protected class status under state or federal law, 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. 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: 3131 Elliot Avenue Suite 400 Seattle, WA 98121 Entire Agreement; Modification. This Agreement, together with attachments or addenda, 18. 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. CA revised May 2020 Page 4 DATED this 22nd day of December , 2021. CITY OF TUKWILA HP Allan Ekberg, Mayor 12/22/2021 CONSULTANT By: c1 Printed Name: Bryce Corrigan Title: Project Manager Attest/Authenticated: Approved as to Form: Key: eJfKceaSKI,JeeKlf,bae,661,702,1Ka Ke}: ,11.2,11,,lacKlYberK,EDIDKJ,57,KlaY City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 EXHIBIT A City of Tukwila 2022 Overlay Program Scope of Work November 9, 2022 The Consultant shall prepare final Plans, Specifications and Estimates for the 2022 Overlay Program. Specific projects will be determined from the following list of tasks below. It is anticipated between five and eight sites will be included in the final Plans Specifications, and Estimates. The 2022 Overlay Program will be bid as a single bid package as budget allows. Projects may be re -prioritized or deferred to a future overlay program based on available budget and other considerations. Detailed estimates will be prepared at the 30% design to verify the final project list to be included in the 2022 Overlay Program. The Consultant shall utilize the data collection and analysis provided by Infrastructure Management Service (IMS) to identify additional roadway segments to be included in the design and construction of the 2022 Overlay Program. The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Assumptions for the 2022 Overlay Program Bid Package • Roadway and utility casting mapping will be based on aerial photography, GIS, and field reviews by the Consultant. Topographic field survey may be required for ADA ramp improvements and will be performed by the Consultant as required. • Typically, only surface utilities requiring adjustment to grade will be shown. • No utility upgrades are anticipated in the project design. • It is assumed there will be approximately thirty (30) plan sheets at 1"=20' scale full size (22" X 34"), 1"=40' at reduced scale (11" X 17"). • Drainage & Water Quality Reports will not be required. City of Tukwila KPG, PS 2022 Overlay Program Page 1 of 4 November 2022 • Environmental Documentation will not be required. • Consultant shall not be responsible for printing and supplying City or Contractor with hard copies of plans and specifications at interim submittals or contract award. Deliverables • Meeting notes during during selection process • 50% review submittal with Plans and Estimate (electronic copies) • 90% review submittal with Plans, Specifications, and Estimate (electronic copies) • Routing of 50% and 90% Plans to utilities for review and comment. • Bid Documents and Engineer's Estimate for 2022 Overlay Program. • Coordinate upload of Plans and Specifications to Builders Exchange. • Bid Analysis and recommendation for award. • Preconstruction Meeting Attendance. SCOPE OF WORK TASK 1 — Project Management 1.1 The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 6 months). • Hold project coordination meetings with the City to update progress and review submittals. Assume (6) meetings. • The Consultant shall provide monthly status reports and billings. • The Consultant shall provide independent QA/QC reviews by senior in- house staff of all deliverables prior to submittal to the City. TASK 2 — Roadway Segment Selection 2.1 The Consultant shall update the IMS EZStreet Analysis spreadsheet and provide a preliminary list of roadway segments to be considered by the City. The list will include up to twelve roadway segments. The Consultant and the City will meet to discuss the feasibility of the roadway segments and provide direction for which segments shall proceed to to Task 3. Deliverables • Meeting notes during during selection process. • Selection of Ten roadway segments City of Tukwila KPG, PS 2022 Overlay Program Page 2 of 4 November 2022 TASK 3 — Preliminary Design 3.1 The Consultant shall prepare base maps for up to ten roadway segments identified in Task 2. The basemaps shall be created utilizing field measurements, available record drawings, and/or ortho-photography. Topographic survey will be utilized only at ADA ramp locations where field conditions require it to meet ADA compliance. 3.2The Consultant shall prepare 30% Plans for up to ten roadway segments selected in Task 2. 3.3The Consultant shall calculate quantities and prepare a Preliminary Engineers Estimate of Probable Construction Cost for the 30% Plans. Up to eight roadway segments will be prioritized in collaboration with the City following the Preliminary Design Deliverables of Task 3 to determine final project segments for Task 4. 3.4The Consultant shall distribute 30% review submittals to franchise utility owners for adjustments within the Project limits. Deliverables • 30% Plans for up to ten roadway segments • 30% Cost Estimate • Selection of up to eight segments TASK 4 — Final Design 4.1 The Consultant shall prepare 90%, and Final Plans for up to eight roadway segments selected in Task 3. The proposed improvements including the following: • Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. • Typical sections and details will be prepared for items not available as standard details from the City, State, or WSDOT standard drawings. • Plans will identify curb ramp replacement limits and pedestrian push button modifications in accordance with ADA requirements. • The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, utility adjustments, surfacing depths and details, and applicable channelization and signing for the segments selected for final design. City of Tukwila KPG, PS 2022 Overlay Program Page 3 of 4 November 2022 • Plans and specifications will include required criteria for traffic control plans and pedestrian traffic control during construction. Criteria will be developed in collaboration with the City. • The Consultant shall perform site walkthroughs with the City maintenance staff to determine extent of roadway improvements / resurfacing (Estimate 2 meetings) and to prioritize candidate streets within the available budget. • Pavement sections will be determined through consultation with the City's maintenance staff and previous experience. No geotechnical investigations are anticipated. 4.2The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for each review submittal and the Bid Documents. 4.3The Consultant shall prepare the Contract Specification per 2022 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents. 4.4The Consultant shall distribute 90% review submittals to franchise utility owners for adjustments within the Project limits. Deliverables • 90% & Final Plans for up to eight roadway segments • 90% & Final Cost Estimate • 90% & Final Contract documents including Project Special Provisions TASK 5 — Bid Period Services 5.1 The Consultant shall assist the City with Project Advertisement and Award by uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award. City of Tukwila KPG, PS 2022 Overlay Program Page 4 of 4 November 2022 Total Hours and Labor Fee Estimate by Task Task 1 Project Management $ 5,820.00 $ 5,820.00 Task 2 Roadway Segment Selection $ 8,088.00 $ 8,088.00 Task 3 Preliminary Design 0 0 0 0 V N CP 'Z.:, Ts V CA $ 8,976.00 $ 3,064.00 0 0 06 0 u) 1.0 Task 4 Final Design $ 38,260.00 $ 16,704.00 $ 16,000.00 $ 4,288.00 $ 75,252.00 Task 5 Bid Period Services $ 4,440.00 $ 4,440.00 �',.. Q . Oi Reimbursable Direct Non -Salary Costs $ 500.00 $ 500.00 o '.. ,, O CO] M GO V N N up N") CO LO Mileage at current IRS rate Total Reimbursable Expense Total Estimated Budget', �. SSS. V V GO 0 ,1 N r N CV N N r T O LI ISiSV a3WO o!... O O 0 0 6 0 ulwpy a31 O 0 0 0 0 a 0 0 0 ulwpv iolua$ 0 r% ! o 0 0 00 00 u i luGaal avo N 0 V 0 0 urs lu pej avo aolua$ ra', o 0 ,'r 0 a 0 0 cF' lusissy Bum aulbu3 O'- w O O O N O O N O m r' 4>S ay uPI lupyayo.. T- o 0 0 0 N co 0 00 0 0 O N 00 00 m 0 05 o 0 x L' .0 .1 1.1I 1.13 ubisaQ CO O o o N O v N O N c o CO V o N CO 'D V_ O O '. O 0 Iaaaulbtag afoad 0 0 0 v v N N O V 0,,,,0— O 0 II aaaubu3 afSSad O o 0 V v Rig,.... NNOO o t0 o —— c N O 0 aeauluu3 }ya(Oad Jpolua$ os n O O O O0 V ..° N V N ea v) aoaulryrug .SSIue$ O''. 00 co co v N 0 Sb, cfl aa( Ell@w0 buieaulbu3 0 O m 0 v v v v v o Idl uud N 0 0 0 o p Task Description 1.1 (Project Management Task Total 2.1 (Segment Selection Prepare 30% Basemap Prepare 30% Plans Preapare 30% Cost Estimate Utility Coordination Task Total Preapre 90% & Final Plans Preapre 90% & Final Cost Estimates Prepare 90% & Final Contract Documents Utility Coordination Task Total 5.1 (Advertisement and Award Support Task Total Total Labor Hours and Fee Z N M M M :'01: M N 404000 M V SAM Search Prior to Offering Design Contract Yes MRSC Consultant o Y Parametrix U_ o Y 0 U Y 1E 1 http://www. para m etrix. com http://www.kpff.com •3U1 `9d 1 In In in in in in in in in v in 3 jjd 1 M V L) V V V M V V M V csi x!J;aweJed 0 In If) CO V V N If) V CO V T M 2022 Overlay Program — Contract for Design Services Paving Project Design and Construction Management Experience with the City. Knowledge of FHWA, State, and Tukwila Standards and Procedures Environmental Experience Experience with Similar Projects. Traffic Control Design Expertise. Experienced Design Project Manager. Small Seale Project Experience. Utilities Coordination Experience. Storm water, Drainage, and Detention Design. Public Outreach Experience. Survey Crew In -House. 1TOTALS For each category, highest score is 5 (with the lowest or worst score 1) Consultant with the highest score is ranked the best. Staff: Scott Bates Selection Date: 11/3/21 Selected Consultant: KPG, Inc. Selection Justification: The selected firm has demonstrated relevant pavement overlay design experience on multiple past federal and locally funded paving projects including the City overlay program. KPG has provided excellent design construction management results on City drainage projects as well. They have exceptional familiarity with City Public Works systems, WSDOT and FHWA standards. Based on overall score KPG prevailed. Consultants perceived ablility to perform CM services was also reviewed since the design contract could be extended to include those services as well. CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Overlay and Repair Program Project No. 9xx10401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which JUSTIFICATION: also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. Each year various sections of roadway throughout the City are designed and constructed for asphalt STATUS: overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 209 190 150 150 150 150 150 150 150 1,449 Land (R/VV) 0 Const. Mgmt. 121 15 200 200 200 200 200 200 200 1,536 Construction 1,224 312 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,336 TOTAL EXPENSES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 TOTAL SOURCES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 2021 - 2026 Capital Improvement Program 12