HomeMy WebLinkAboutCOW 2008-07-28 COMPLETE AGENDA PACKET �JWt: Tukwila City Council Agenda
v by COMMITTEE OF THE WHOLE
01 "Iv •ice
t >y t f O
t 4 44 w: Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pamela Linder
0 Rhonda Berry, City Administrator Dennis Robertson Verna Griffin
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Joe Duffie, Council President Kathy Hougardy De'Sean Quinn
MONDAY, July 28, 2008, 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL Introduction of Melissa Hart, Deputy City Clerk, City Clerk's Office.
PRESENTATIONS
3. CITIZEN At this time, you are invited to comment on items not included on this
COMMENT agenda (please limit your comments to five minutes per citizen).
To comment on an item listed on this agenda, please save your comments
until the issue is presented for discussion.
4. SPECIAL a. Tukwila International Boulevard Phase II and III Street Improvement Pg.1
ISSUES Project Coordination Agreements with Water District 125 and Valley
View Sewer District.
b. Tukwila 205 Levee Site 5 Retaining Wall Construction Management, Pg.33
Supplement No. 5 with KBA, Inc.
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance
notice to the City Clerk's Office 206 433 1800 /TDD 206 248 -2933.
This notice is available at www.ci.tukwila.wa.us, and in
alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
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<I Meeting Date 1 Prepared 1 Mayor's review 1 �Qunci1 review
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08/04/08 1 M 1
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ITEM INFORMATION
CAS NUMBER: 08-093 I ORIGINAL AGENDA DATE: JULY 28, 2008
AGENDA ITEIM TITLE Tukwila International Blvd (TIB) Phase II III Street Improvement Project
Third Party Utility Coordination Agreements
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 07/28/08 Mtg Date 08/04/08 Mtg Date Mtg Date Mtg Date iliftg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIS/
SPONSOR'S The TIB Phase II III Improvement Project requires coordination with several third party
SUMMARY utilities that will require utility relocation within the project boundary. Coordination
agreements with Water District 125 and Valley View Sewer District will help the City actively
manage the project, control costs and reduce delays as all designs will be incorporated into
our construction contract. All of Water District 125 and Valley View Sewer District's
improvement costs will be reimbursed to the City by the districts.
REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA I'P:: 07/15/08
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the two coordination agreements.
Comm rrEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments: Water District 125 and Valley View Sewer District will reimburse the City.
MTG. DATE 1 RECORD OF COUNCIL ACTION
07/28/08
08/04/08
MTG. DATE ATTACHMENTS
07/28/08 Information Memo dated July 15, 2008 (revised after 7/15 TC)
Coordination Agreement with Water District 125
Coordination Agreement with Valley View Sewer District
Transportation Committee Meeting Minutes from July 15, 2008
08/04/08
INFORMATION MEMO
To: Mayor Haggerton
From: Public Works Directo
Date: July 15, 2008
Subject: Tukwila International Boulevard (TIM Phase II III Project
Project #95 -RWO3
Third Party Utility Coordination Agreements
ISSUE
Authorize the Mayor to sign the Interlocal Coordination Agreements for the TIB Phase II III
Street Improvement Project.
BACKGROUND
The TIB Phase II III Street Improvement Project requires coordination with several third party
utilities that have facilities which will require relocation within the project boundary. Two of
these utilities are owned and operated by districts which do not hold franchise utility agreements
with Tukwila. These districts have agreed to complete the relocations and adjustments within
the TIB right of way as part of the City's construction contract.
ANALYSIS
Having control of the relocation effort through these Coordination Agreements helps the City
actively manage the project, control costs and reduce delays since most of the new infrastructure
can be more efficiently incorporated into the project construction than performed by the utility
districts directly. We are also better equipped to manage disruptions to traffic on TIB if the work
integrated into our contractor's scope crosses the roadway is integr e of work. p
Water District 125 and Valley View Sewer District's designs will be incorporated into our bid
documents with the costs separated into different bid schedules for direct reimbursement by
monthly invoice. The entire cost for the District's improvements will be reimbursed by the
Districts. The agreements also establish the relocation timeframe for any removal of conflicting
utilities and protect the City from the costs of unexpected utility conflicts found during
construction.
RECOMMENDATION
Authorize the Mayor to sign coordination agreements with the third party utilities listed below.
Water District 125 (Price determined by bid)
Valley View Sewer District (Price determined by bid)
Attachments:
Third Party Utility Coordination Agreement between the City and Water District 125
Third Party Utility Coordination Agreement between the City and Valley View Sewer District
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I■
COORDINATION AGREEMENT BETWEEN THE CITY OF TUKWILA AND
WATER DISTRICT 125
REGARDING WATERLINE RELOCATION IN CONJUNCTION WITH THE
TIB Phase 2 &3 STREET IMPROVEMENT PROJECT (95- RW -03)
THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington
municipal corporation "City and Water District 125, a Washington municipal corporation
"Water District 125" or "District ")(individually a "Party" and collectively the "Parties
II RECITALS
improvements ("City Work") the City is making right-of-way p ty to Tukwila
International Blvd between S 13 9th and S 116th Way; and
WHEREAS, Water District 125 has certain water infrastructure that will be affected by the
planned improvements "District Work and will need to be relocated in conjunction with the
City Work; and
WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions
of the District Work into one construction project (the "TIB Phase 2 &3 Project" or "Project
Work whereby the right -of -way pavement will be disturbed only once.
NOW THEREFORE, in consideration of the terms and conditions contained herein, the
Parties agree as follows:
AGREEMENT
1. SCOPE OF WORK
The City will advertise for bids and enter into a contract with a contractor ("Contractor")
for the construction of the District Work as described and depicted on the Bid Documents
dated June 2008 for the TIB Phase 2 &3 Project.
2. RESPONSIBILITIES OF THE PARTIES
A. KING COUNTY WATER DISTRICT 125,
1) Water District 125 shall provide to the City any engineered drawings, specifications,
construction standards, quantities, and cost estimates required for the District Work.
The drawings shall show in detail the location, quantity, and size of the piping,
meters, hydrants, and valve boxes to be affected by the Project Work.
2) Water District 125 shall review the portion of the Project's final drawings and
specifications for the District Work and shall approve or reject those drawings and
specifications in writing within seven (7) days of receipt. Failure to respond within
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the prescribed review period will signify the District's approval of the final contract
documents.
3) Water District 125 shall provide the inspection services needed for overseeing the
proper installation of the District Work. Water District 125's inspector will coordinate
with the City's inspector, and the City's inspector will give all direction to the
contractor.
4) Water District 125 shall notify its customers of the Project, perfofin any water system
shut downs necessary for the District Work, and notify its customers of any scheduled
water service interruptions related to the Project.
5) Water District 125 shall provide any new water meters required for its existing
connections at no cost to the City or its contractor.
6) Water District 125 shall provide all water permits required for its existing connections
at no cost to the City or its contractor.
7) Water District 125 shall remove, adjust or relocate, any existing water facilities,
which are owned or operated by the District, not included in the Project Work and are
in conflict with the proposed City Work, within the timeline described in Exhibit B
Timeline and Schedule.
8) Water District 125 shall maintain continued coordination with the City regarding the
performance of the District Work. This coordination shall include but not be limited
to the following:
a. Water District 125 will attend the Project bid opening and pre-construction
J p b
meeting.
b. City will provide Water District 125 a copy of the Contractor's proposed work
schedule showing date, location and extent of work to be performed. This
schedule will be subject to change as provided in the contract documents. Water
District 125 will proactively review the proposed schedule and provide timely
feedback of any concerns or potential impacts that the Contractor's work schedule
or methods will have on the District's customers. Any changes required to the
Contractor's schedule or methods to limit the adverse impacts to the District's
customers will be negotiated in good faith through the City's contracting process.
c. Water District 125 will attend weekly construction meetings.
d. Water District 125 will evaluate completion of the District Work using the
requirements of this Agreement and notify the City of any Defective or
Unauthorized work at least once a month through the contract payment process.
Failure to give written notice to the City of any Incomplete, Defective, or
Unauthorized work within two (2) business days of the District receiving the
Contractors Request for Payment from the City will signify the District's
acceptance of the work submitted for payment by the contractor for that period.
B. CITY
1) The City will incorporate Water District 125's design for the District Work into the
Project construction contract documents. The City will advertise for bids, evaluate
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bids, and award a construction contract for the Project "Project Contract to the
lowest responsible bidder (the "Contractor The City shall administer the Project
Contract and monitor the Contractor's activities.
2) The City shall require the Contractor to install and perfoinu the District Work in
accordance with the Project's final plans and specifications.
3) The City will provide all flagging and traffic control, including Unifoinued Officers
when required, for the District Work.
4) The City will provide Water District 125 with not less than five (5) working days
written notice prior to the start of water construction to allow Water District 125's
scheduling of the on -site Tnspector.
5) City will schedule and attend weekly construction meetings with the City's
Contractor, Water District 125, and other franchise utilities involved in the Project.
6) The City will provide Water District 125 the Contractor's Request for Payment for
the District Work within three (3) days of receiving a request from the Contractor.
3. COST ALLOCATION
The City has no responsibility for costs related to the District Work. The costs shown on
any exhibit to this document or on subsequent engineers estimates are estimates only. The
final District cost will be based on the actual lump sum and/or unit bid price and quantities
on the "WD 125 Water System Work" as generally described in Exhibit A, included in the
Project Bid Documents, as adjusted by construction change orders. Water District 125 will
also be responsible for the following City's costs:
A. Water Facility Installation. Water District 125 agrees to pay the actual cost that the City
incurs for constructing the District Work as defined in the- Project Bid Documents.
B. Adjustments and Relocations. Water District 125 agrees to pay the actual costs the City
incurs for adjustments and relocations of the District's water service lines, meter boxes,
hydrants and valve boxes throughout the Project limits as reasonably required to match
grades or avoid conflicts with proposed City improvements.
C. Additional Expenses. Water District 125 agrees to pay any additional expenses incurred
in installing the District Work due to any over excavation required or any other
unforeseen conditions related to the District Work which reasonably require additional
work and expense, including any additional trench width or depth attributable to errors in
Water District 125's design or conflicts not accounted for in Water District 125's design.
Any changes to the District Work perceived as necessary by the Contractor, and any
Change Orders therefore, must be approved in writing by Water District 125 in advance
of such changes to the District Work.
D. Consultant Costs Construction Management. Water District 125 agrees to pay the
actual cost that the City incurs, including consultant costs, for incorporating the District
Work, and any Change Orders therefore, into the Project's construction contract
documents and the City's cost for construction management and inspection coordination.
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E. Invoice. Water District 125 agrees to pay the City within forty -five (45) days of
receiving a correct invoice from the City for completed work approved by the District
and which Water District 125 has agreed to pay under this Agreement. Failure to pay on
time may result in a Stop Work Order being issued for the District Work and possible
claims of delay by the contractor.
F. Final Acceptance. The City shall provide Water District 125 with written notice of
completion of the District Work. The District inspector shall perform final inspection of
the District Work within five (5) days of written notice. The District shall, within two (2)
business days of its fmal inspection, provide to the City written final acceptance of the
District Work, or, alternatively, provide an itemized and detailed response why final
acceptance of the District Work cannot be given. If the District fails to respond to the
City within the prescribed timeline, the District shall be deemed to have given fmal
acceptance of the District Work. Upon final acceptance of the District Work, the City
shall assign its rights under the Project Contract relating to the District Work to the
District, including any warranties and maintenance obligations by and from the City's
Contractor arising out of the Project Contract for the District Work. The City shall also
require the City's Contractor, as a condition of the Project contract, to provide a bond to
insure that the District Work is free from defects in workmanship and materials for a
period of one (1) year following final acceptance of the Project Work by the City.
G. Defective or Unauthorized Work. Water District 125 reserves the right to withhold
payment from the City for any defective, incomplete or unauthorized work perfouuled by
the Contractor; provided, the District shall be deemed to have waived this right as to any
part of the District Work that has been accepted by the District. This waiver shall not
waive any claim by the District against the Contractor for any defective, incomplete or
unauthorized work or to any damage inflicted by the Contractor or one of his
subcontractors to completed District Work following District acceptance. Defective,
incomplete or unauthorized work includes, without limitation: work and materials that do
not confomi to the requirements of this Agreement, and extra work and materials
furnished without Water District 125's written approval.
H. As -Built Drawings. The City shall provide the District with "as built" drawings for the
District Work following the City's fmal acceptance of the Project Work.
4. WITHDRAWAL FROM AGREEMENT
Should Water District 125, upon review of the bid, which is acceptable to the City, elect
not to have the City's contractor install the District Work, Water District 125 shall promptly
issue to the City written notice of withdrawal from this agreement and this agreement shall
terminate. Water District 125 shall be responsible to reimburse the City for its reasonable
costs related to the District Work through the date of termination. It will then be the
responsibility of Water District 125 to coordinate and install their facilities in a time and
manner that will not delay the City's contractor. Water District 125 shall be responsible for
any delay to the City's project due to Water District 125's water relocation work.
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5. CHANGES
After the City executes a contract with the Contractor, Water District 125 shall submit
any changes requested to be perfoinled by the City's Contractor to the City. The City shall
submit this to the Contractor; obtain a price from the Contractor to perform the work, and
notify Water District 125 of this price. Prices supplied for Water District 125 change orders
may be subject to determination by the Engineer in conformance with subsection 1 -04.4 of
the 2008 WSDOT Standard Specifications. Water District 125 shall have two (2) business
days from receiving the price from the City within which to respond to the City. If Water
District 125 chooses not to accept the Contractor's price then this work shall only be
performed by Water District 125 according to a mutually agreed upon schedule with the
Contractor so as not to cause delay to the Contractor.
6. INDENPNIFICATION
A. Mutual Indemnification. Each Party shall defend, indemnify and hold the other Party, its
officers, officials, employees and agents harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in
connection with the perfoimance of the Party's work required under this Agreement,
except to the extent such injuries and damages are caused by the sole negligence or
willful misconduct of the other Party. Should a court of competent jurisdiction determine
that this Agreement is subject to RCW 4.24.115, then, the indemnification set forth
herein shall be valid and enforceable only to the extent of each Party's negligence. These
claims may include delays caused by installing the District Work, delays caused by the
District providing materials, failure to remove, relocate or replace conflicting utilities in
accordance with the timelines established in this Agreement, or any other conflicts
between the Contractor and Water District 125. Water District 125 at its sole expense
shall have the right to defend any claims made by the Contractor relating to the District
Work if the District determines all or any part of the claim is not valid. The provisions of
this section shall survive the expiration or termination of this Agreement.
B. Title 51. Solely for the purposes of enforcement of this Agreement, each Party hereby
waives its immunity under industrial insurance, Title 51 RCW. The Parties mutually
negotiated this waiver.
C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and
save Water District 125 and its elected and appointed officials, employees, agents and
volunteers harmless from any and all costs, claims, damages, judgments and liabilities
against the District caused by or relating to the Contractor's perfoiinance of the District
Work.
D. Safety. The City shall require the Contractor to be solely and completely responsible for
safety and safety conditions at the Project site, including the safety of all persons and
property during the perfoimance of the Project Work. The Contractor shall be required to
comply with all applicable City, County and State rules, regulations, ordinances, orders
and codes regarding safety.
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7. INSURANCE
A. District Obligation. Water District 125 shall procure and maintain for the duration of the
District Work insurance of the types and in the amounts described below against claims
for injuries to persons or damage to property which may arise from or in connection with
the perfoimance of the work by the District, its agents, representative, employees,
subconsultants or subcontractors. Any payment of deductible or self insured retention
shall be the sole responsibility of the District.
1) Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2) Commercial General Liability insurance written on an occurrence basis with limits no
Q occurrence and 2 000 000
general aggregate less than $1,000,000 single limit per occurren g ggz' ate for g
personal injury, bodily injury and property damage. Coverage shall include but not
be limited to: blanket contractual; products /completed operations; broad form
property damage explosion, collapse and underground (XCU); and employer's
liability; and
3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and
aggregate.
B. Contractor Obligation. The contract between the City and the Contractor shall require
that the Contractor procure and maintain for the duration of the project insurance of the
types and in the amounts described below against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the
work by the Contractor, its agents, representative, employees, subconsultants or
subcontractors. Any payment of deductible or self insured retention shall be the sole
responsibility of the Contractor. Water District 125 shall be named as additional insured
on the insurance policy. A copy of the endorsement naming Water District 125 as
additional insured shall be attached to the Certificate of Insurance, copies of which shall
be provided to the City prior to commencement of construction by the Contractor. The
Contractor's insurance coverage shall be primary and non contributory insurance as
respects the Districts insurance listed above. The Contractor's insurance shall contain a
clause stating that coverage shall apply separately to each insured against whom claim is
made or suit is brought, except with respects to the limits of the insurer's liability.
1) Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2) Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not
be limited to: blanket contractual; products /completed operations; broad form
property damage explosion, collapse and underground (XCU); and employer's
liability; and
3) Excess Liability insurance with limits not less than $3,000,000 per occurrence and
aggregate.
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8. FRANCHISE AGREEMENT
The City and Water District 125 agree that as to future projects, by entering into this
Agreement, neither Party has waived any rights it may have under an existing franchise
agreement between the City and Water District 125, and the City and Water District 125
expressly herein reserve such rights. Notwithstanding anything in this Agreement to the
contrary, Water District 125's participation in the project contemplated in this Agreement,
and its very participation in this Agreement, shall in no event be construed as a waiver of
Water District 125's obligation to relocate underground utilities pursuant to the franchise
agreement, and parties understand and agree that the terms and conditions of this Agreement
shall not be considered as a basis for future relocation projects that may be franchise
required. The District shall retain the rights of exclusive use, regulation and control of the
completed District Work and full ownership of the District Work including, but not limited
to, the right to sell, transfer or assign its rights in and to the District Work.
9. MISCELLANEOUS
A. Compliance with Laws. The parties shall comply with all federal, state and local laws,
rules and regulations throughout every aspect in the performance of this Agreement.
B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of
rights contained herein, or to exercise any option terms and n Y tion herein conferred in one or p
g
more instances, shall not be constructed to be a waiver or relinquishment of those teirus
and rights and they shall remain in full force and effect.
C. Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the parties or between any
party and the Contractor under any of the provisions of this Agreement, resolution of that
venue and rules of the King
dispute shall be available only through the jurisdiction, g
p Y
County Superior Court, King County, Washington.
D. Attorney's Fees. 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 the
prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit.
E. Written Notice. All communications regarding this Agreement shall be sent to the parties
at the addresses listed on the signature page of this Agreement, unless otherwise agreed
by both parties. Any written notice shall become effective upon delivery and shall be
deemed sufficiently given if delivered to the addressee at the address stated on this
Agreement. If notice is mailed, delivery shall become effective three (3) calendar days
after the date of mailing by registered or certified mail. If notice is emailed, delivery
shall become effective upon an acknowledgment of receipt of the email.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of each affected party.
G. Severability. If any one or more sections, sub sections, or sentences of this Agreement
are held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this Agreement and the remainder shall remain in full force and
effect.
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H. Relationship. It is understood and agreed that no agency, employment, joint venture, co-
employer or partnership is created by this Agreement. No party hereto shall (i) have the
power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense
whatsoever of another.
I. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable
to perform their respective obligations hereunder as a result of the occurrence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes,
civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes,
lightning or other similar catastrophes or other causes beyond the parties' reasonable
control. The scope of events of force majeure shall not extend to payment of money
owed hereunder.
J. Entire Agreement. The written provisions and terms of this Agreement, together with
any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This Agreement and any attached Exhibits contain the entire
Agreement between the parties. Should any language in any Exhibit to this Agreement
conflict with any language contained in this Agreement, the terms of this Agreement shall
prevail.
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IN WITNESS WHEREOF, the parties below have executed this Agreement.
WATER DISTRICT 125 CITY OF TUKWILA
bY: /1(4:0, by:
Print Name: At &a k Print Name:
Title: sum tr► Title:(Mavorl
DATE: +D— iri—c& DATE:
Notices to be sent to: Notices to be sent to:
WATER DISTRICT 125 CITY OF TUKWILA
Attn: yvi,4 -g.k stems Attn: Bob Giberson
Re-). Re- c 4> 91, 1 Public Works Department
c t L NA, ()Sit, i 6300 Southcenter Blvd., Ste 100 exsaas Yaa� O ts°r g1c'r j (email) Tukwila, WA 98188
(telephone) baiberson( ci.tukwila.wa.us
2_04— 2_ q -174 (facsimile) 206 433 -0179 (telephone)
206- 431 -3665 (facsimile)
APPROVED AS TO FORM:
Shelley Kerslake, City Attorney
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TIB Ph2 /3 (95- RW -03)
Exhibit A e Scope of Work WD 125 Water System Work
The following Scope of Work will be included in the Project Work following the
execution of a Coordination Agreement for the Project listed above. The District will be
responsible for paying these costs by compensation to Tukwila as detailed in the
Coordination Agreement and the relevant attachments. Additional costs may be assessed
to the District as allowed by the Agreement and/or as detailed below.
See MEASUREMENT AND PAYMENT section below for detailed descriptions of Bid
Items.
BID SCHEDULE D
ITEM ITEM QUANTITY UNIT TOTAL
NO. DESCRIPTION PRICE AMOUNT
1. 8" Class 52 D.I., RJ, Pipe Fittings
(w /full depth crushed rock) 196 LF
Price in Words
2. Connection to Existing Water Main
2 EA
Price in Words
3. Additional Fittings
500 LBS
Price in Words
4. 8" HMA Pavement Patch
100 SY
Price in Words
5. 6" HMA Pavement Patch
105 SY
Price in Words
6. Plug Existing Main
1 EA
Price in Words
7. 18" Steel Casing
9 LF
Price in Words
8. Trench Safety
LS
Price in Words
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Page 1 of 4
MEASUREMENT AND PAYMENT
GENERAL
The Contract price shall constitute full compensation for furnishing all plant, labor,
materials and equipment for performing all the work operations required to construct and
complete items as shown on the drawings and as specified herein. The Contract price
shall include all overhead costs, transportation, insurance, profit and any other
information costs related to the work.
Payment for the complete work shall be considered full compensation and shall include
all minor items required for a complete job, but not specifically mentioned in the Contract
Documents and items mentioned in the Contract Documents, but not having a specific
pay item.
CL 52 D.P. PIPE AND FITTINGS (Items 1)
Measurement and payment for new Water Main shall be per lineal foot of pipe laid,
tested and approved, and shall be measured along the pipe through fittings, valves and
couplings. Items to be included in the bid price shall include but shall not necessarily be
limited to:
a) Mobilization.
b) Clearing, grubbing and disposal of all cleared material.
c) Excavation of all materials of whatever nature encountered.
d) Sheeting, bracing and dewatering, when necessary.
e) Hauling and disposal of unused native material or any excess material.
f) Furnishing, installing, and testing pipe and fittings.
g) Furnishing, placing and compacting bedding material.
h) Placing and compacting crushed gravel backfill for trench. The per lineal foot of
pipe laid shall include crushed rock bedding and full depth backfill.
i) All restrained joints as shown on the plans and not paid for elsewhere.
j) Compaction.
k) Flushing.
I) Pressure and sanitary testing.
m) Traffic control.
n) Temporary support of utility poles and existing structures as required.
o) Blocking of pipe and fittings.
p) Finish grade of trench.
q) Finish and clean project area.
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Page 2 of 4
CONNECTION TO EXISTING 6 or 8" WATERMAIN (ITEM 2)
This item shall include furnishing all materials, labor and equipment to provide a
connection between the proposed water main tee or cross and the existing water main.
The work shall include fittings, excavation, shoring, dewatering, backfill, compaction,
thrust blocks, cleanup and all incidental items.
Basis for payment will be the unit price for each (EA) connection to the existing system
for all costs associated to furnish required fittings, restraint systems, piping, blind
flanges, concrete, excavation, backfilling, compaction, shoring dewatering as required,
testing, potholing in advance of connection and all other incidental work required to
make the new connection and secure the abandoned pipe. Valves shall be paid for
under a separate bid item.
ADDITIONAL FITTINGS (Item 3)
This item shall include all labor, materials, and equipment for additional fittings required
as agreed by the District. Additional fittings will be paid at the unit price bid per pound in
accordance with AUVWA Standards weights. No additional payment will be allowed for
following glands, restraint, blocking, bolts or gaskets. Payment for additional fittings shall
be only for permanently installed fittings not shown on the plans.
HMA PATCH 8" 6" Thick) (Item 4 &5)
The unit of measurement for HMA Patch shall be the square yard of HMA patch
installed.
The unit price per square yard includes all the costs of material and labor for furnishing
and installing compacted HMA patch in areas disturbed by the water main trench and in
those locations directed by the Engineer. Included shall be the cost of providing and
removing temporary cold -mix patch.
PLUG BLOCK EXISTING MAIN (Item 6)
The unit price per each shall cover the costs of all labor and equipment necessary to
excavate, expose and cut, plug, cap or blind flange and block existing mains to be
abandoned. The unit price also includes the cost of removing all existing valves, boxes
and fittings to allow the main to be plugged and the cost of all material and labor
necessary for backfill and restoration.
18" STEEL CASING (Item 7)
The unit of measurement for "18" Steel casing shall be per lineal foot of casing installed.
The unit price per lineal foot includes all the costs of material and labor for furnishing and
installing the 18" steel casing including casing spacers, and the casing seals at each end
in accordance with standard detail 18.
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TRENCH SAFETY (Item 8)
The completed work described in these contract documents and all applicable codes,
ordinances and laws shall constitute the lump sum work for this item as listed in the
proposal. The lump sum price bid for this item shall constitute full compensation for
providing a safe trench environment, in compliance with Washington Industrial Safety
and Health Act (RCW 49.17) and safety and health standards such as Safety Standards
for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards
(Chapter 296 -24 WAC), General Occupational Health Standard (Chapter 296 -22 WAC)
and any other appropriate safety and health codes.
ADDITIONAL COST ITEMS
The Contract Documents will provide additional provisions for Extra Work which cannot
l
be completely e quantified at the time of bid. These work items will be included in the bid
1
Force Account line items in a separate as either Unit Price or Fo arate schedule from the p
"WD 125 Water System Work" and will be billed according to the proportion of Extra
Work associated with each specific utility.
Two examples of such Extra Work items include "Potholing" and "Resolution of Utility
Conflicts The p otholing item will be used to assess potential conflicts between planned
1 located durin g
Work and existing District utilities, which were not accurately Wok Y
J g
impact that a conflict creates with the Project
design, and the RUC item will track any imp J
Work as bid. The District acknowledges that approval of the final contract documents,
which includes these Extra Work items, signifies its acceptance of these items as a
method of reimbursement up to the maximum approved by Tukwila's contract authority.
The District will be given the option to perform any required Extra Work with their own
forces, use one or more of these Extra Work items, or approve a Change Order to include
the work in the City's compensation. contract for additional com ensation. In either case any impact to
be assessed against the District if the Extra Work delays the la
the project schedule may b g Y
P
project completion date and the District could have anticipated and avoided the delay.
The impact will be charged to the District at the rate to be determined by the Project
Engineer on a case by case basis as allowed in the DOT Standard Specifications and
applicable law.
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TIB Ph2 /3 (95- RW -03)
Exhibit B
Water District 125 Work Timeline and Schedule
1) The District will be provided, through appropriate contract language, a minimum
of sixty (60) days written Notice of Pending Conflict by the City's contractor for
all known utilities which require removal or relocation to avoid hindering the
progress of project construction. This notice will include utilities which have not
been designated as part of the District Work to be performed by the Contractor as
Project Work.
2) For utility relocation requiring cut over of existing services a sixty (60) day work
window will be provided to the utility, including thirty (30) days to install and
energize new water mains and other necessary infrastructure, fifteen (15) days to
complete transfer of existing services to the new system (assuming previous
service routes can be reused or new service routes are in place), and fifteen (15)
days to remove the obsolete utilities.
3) Minor utility adjustments which do not require cut over of existing services to
new infrastructure will be given a fifteen (15) day work window to adjust utilities
to avoid conflict.
4) In all cases the work window will start when utility crews have full and
unrestricted access to the relocation zone and any applicable infrastructure
included in the contract designed to accept the relocated utility is in place.
Note All time intervals will be measured in Calendar days.
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Page 1 of 1
COORDINATION AGREEMENT BETWEEN THE CITY OF TUKWILA AND
VALLEY VIEW SEWER DISTRICT
REGARDING SEWER FACILITY ADJUSTMENTS IN CONJUNCTION WITH THE
TIB Phase 2 &3 STREET IMPROVEMENT PROJECT (95- RW -03)
THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington
municipal corporation "City and Valley View Sewer District, a Washington municipal
corporation "Valley View" or "District ")(individually a "Party" and collectively the "Parties
RECITALS
WHEREAS, the City is making right -of -way improvements "City Work to Tukwila
International Blvd between S139th and S 1 I6th Way; and
WHEREAS, Valley View Sewer District has requested that certain sewer facility adjustments
"District Work be made in conjunction with the City Work; and
WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions
of the District Work into one construction project (the "Project" or "Project Work") whereby the
right -of -way pavement will be disturbed only once.
NOW THEREFORE, in consideration of the terms and conditions contained herein, the
Parties agree as follows:
AGREEMENT
1. SCOPE OF WORK
The City will advertise for bids and enter into a contract with a contractor "Contractor
for the construction of the District Work as described and depicted on the Bid Documents
dated June 2008 for the TIB Phase 2 &3 Project.
2. RESPONSIBILITIES OF THE PARTIES
A. VALLEY VIEW SEWER DISTRICT
1) Valley View Sewer District shall provide to the City any engineered drawings,
specifications, construction standards, quantities, and cost estimates required for the
District Work. The drawings shall show in detail the location, quantity, and size of
the piping, side services and manhole structures.
2) Valley View Sewer District shall review the portion of the Project's final drawings
and specifications for the District Work and shall approve or reject those drawings
and specifications in writing within seven (7) days of receipt. Failure to respond
within the prescribed review period will signify the District's approval of the final
contract documents.
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3) Valley View Sewer District will provide the inspection services needed for
overseeing the proper installation of the District Work. Valley View Sewer District's
inspector will coordinate with the City's inspector, and the City's inspector will give
all direction to the contractor.
4) Valley View Sewer District will provide all structural materials necessary to perform
the relocation/adjustments included in the District Work as specified in this
Agreement.
5) Valley View Sewer District will notify its customers of the Project, perform any
sewer system shut downs necessary for the District Work, and notify its customers of
any scheduled sewer service interruptions related to the Project.
6) Valley View Sewer District shall remove, adjust or relocate, any existing sewer
facilities, which are owned or operated by the District, not included in the Project
Work and are in conflict with the proposed City Work, within the timeline described
in Exhibit B Timeline and Schedule.
7) Valley View Sewer District shall maintain continued coordination with the City
regarding the performance of the District Work. This coordination shall include but
not be limited to the following:
a. Valley View Sewer District will attend the Project bid opening and pre
construction meeting.
b. City will provide Valley View Sewer District a copy of the Contractor's proposed
work schedule showing date, location and extent of work to be performed. This
schedule will be subject to change as provided in the contract documents. Valley
View Sewer District will proactively review the proposed schedule and provide
timely feedback of any concerns or potential impacts that the Contractor's work
schedule or methods will have on the District's customers. Any changes required
to the Contractor's schedule or methods to limit the adverse impacts to the
District's customers will be negotiated in good faith through the City's
contracting process.
c. Valley View Sewer District will attend weekly construction meetings.
d. Valley View Sewer District will evaluate completion of the District Work using
the requirements of this Agreement and notify the City of any Defective or
Unauthorized work at least once a month through the contract payment process.
Failure to give written notice to the City of any Incomplete, Defective, or
Unauthorized work within 2 (two) business days of the District receiving the
Contractors Request for Payment from the City will signify the District's
acceptance of the work submitted for payment by the contractor for that period.
B. CITY
1) The City will incorporate Valley View Sewer District's design for the District Work
into the Project construction contract documents. The City will advertise for bids,
evaluate bids, and award a construction contract for the Project "Project Contract")
to the lowest responsible bidder (the "Contractor"). The City shall administer the
Project Contract and monitor the Contractor's activities.
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2) The City shall require the Contractor to install and perform the District Work in
accordance with the Project's final plans and specifications.
3) The City will provide all flagging and traffic control, including Uniformed Officers
when required, for the District Work.
4) The City will provide Valley View Sewer District with not less than five (5) working
days written notice prior to the start of sewer construction to allow Valley View
Sewer District's scheduling of the on -site Inspector.
5) City will schedule and attend weekly construction meetings with the City's
Contractor, Valley View Sewer District, and other franchise utilities involved in the
Project.
6) The City will provide Valley View Sewer District the Contractor's Request for
Payment for the District Work within three (3) days of receiving a request from the
Contractor.
3. COST ALLOCATION
The City has no responsibility for costs related to the District Work. The costs shown on
any exhibit to this document or on subsequent engineers estimates are estimates only. The
final District cost will be based on the actual Iump sum and/or unit bid price and quantities
on the "Valley View Sewer System Adjustments" as generally described in Exhibit A,
included in the Project Bid Documents, as adjusted by construction change orders. Valley
View Sewer District will also be responsible for the following City's costs:
A. Sewer Facility Installation. Valley View Sewer District agrees to pay the actual cost that
the City incurs for constructing the District Work as defined in the Project Bid
Documents.
B. Adjustments and Relocations. Valley View Sewer District agrees to pay the actual costs
the City incurs for adjustments and relocations of the District's sewer system throughout
the Project limits as reasonably required to match grades or avoid conflicts with proposed
City improvements.
C. Additional Expenses. Valley View Sewer District agrees to pay any additional expenses
incurred in installing the District Work due to any over excavation required or any other
unforeseen conditions related to the District Work which reasonably require additional
work and expense, including any additional trench width or depth attributable to errors in
Valley View Sewer District's design or conflicts not accounted for in Valley View Sewer
District's design. Any changes to the District Work perceived as necessary by the
Contractor, and any Change Orders therefore, must be approved in writing by Valley
View Sewer District in advance of such changes to the District Work.
D. Consultant Costs Construction Management. Valley View Sewer District agrees to pay
the actual cost that the City incurs, including consultant costs, for incorporating the
District Work, and any Change Orders therefore, into the Project's construction contract
documents and the City's cost for construction management and inspection coordination.
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E. Invoice. Valley View Sewer District agrees to pay the City within forty -five (45) days of
receiving a correct invoice from the City for completed work approved by the District
and which Valley View Sewer District has agreed to pay under this Agreement. Failure
to pay on time may result in a Stop Work Order being issued for the District Work and
possible claims of delay by the contractor.
F. Final Acceptance. The City shall provide Valley View Sewer District with written notice
of completion of the District Work. The District inspector shall perform final inspection
of the District Work within five (5) days of written notice. The District shall, within two
(2) business days of its final inspection, provide to the City written final acceptance of the
District Work, or, alternatively, provide an itemized and detailed response why final
acceptance of the District Work cannot be given. If the District fails to respond to the
City within the prescribed timeline, the District shall be deemed to have given final
acceptance of the District Work. Upon final acceptance of the District Work, the City
shall assign its rights under the Project Contract relating to the District Work to the
District, including any warranties and maintenance obligations by and from the City's
Contractor arising out of the Project Contract for the District Work. The City shall also
require the City's Contractor, as a condition of the Project contract, to provide a bond to
insure that the District Work is free from defects in workmanship and materials for a
period of one (1) year following final acceptance of the Project Work by the City.
G. Defective or Unauthorized Work Valley View Sewer District reserves the right to
withhold payment from the City for any defective, incomplete or unauthorized work
performed by the Contractor; provided, the District shall be deemed to have waived this
right as to any part of the District Work that has been accepted by the District. This
waiver shall not waive any claim by the District against the Contractor for any defective,
incomplete or unauthorized work or to any damage inflicted by the Contractor or one of
his subcontractors to completed District Work following District acceptance. Defective,
incomplete or unauthorized work includes, without limitation: work and materials that do
not conform to the requirements of this Agreement, and extra work and materials
furnished without Valley View Sewer District's written approval.
H. As Built Drawings The City shall provide the District with "as built" drawings for the
District Work following the City's final acceptance of the Project Work.
4. WITHDRAWAL FROM AGREEMENT
Should Valley View Sewer District, upon review of the bid, which is acceptable to the
City, elect not to have the City's contractor install the District Work, Valley View Sewer
District shall promptly issue to the City written notice of withdrawal from this agreement and
this agreement shall terminate. Valley View Sewer District shall be responsible to reimburse
the City for its reasonable costs related to the District Work through, the date of termination.
It will then be the responsibility of Valley View Sewer District to coordinate and install their
facilities in a time and manner that will not delay the City's contractor. Valley View Sewer
District shall be responsible for any delay to the City's project due to Valley View Sewer
District's sewer facility adjustments.
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5. CHANGES
After the City executes a contract with the Contractor, Valley View Sewer District shall
submit any changes requested to be performed by the City's Contractor to the City. The City
shall submit this to the Contractor; obtain a price from the Contractor to perform the work,
and notify Valley View Sewer District of this price. Prices supplied for Valley View Sewer
District change orders may be subject to determination by the Engineer in conformance with
subsection 1 -04.4 of the 2008 WSDOT Standard Specifications. Valley View Sewer District
shall have two (2) business days from receiving the price from the City within which to
respond to the City. If Valley View Sewer District chooses not to accept the Contractor's
price then this work shall only be performed by Valley View Sewer District accordin g to a
mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor.
6. INDEMNIFICATION
A. Mutual Indemnification. Each Party shall defend, indemnify and hold the other Party, its
officers, officials, employees and agents harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in
connection with the performance of the Party's work required under this Agreement,
except to the extent such injuries and damages are caused by the sole negligence or
willful misconduct of the other Party. Should a court of competent jurisdiction determine
that this Agreement is subject to RCW 4.24.115, then, the indemnification set forth
herein shall be valid and enforceable only to the extent of each Party's negligence. These
claims may include delays caused by installing the District Work, delays caused by the
District providing materials, failure to remove, relocate or replace conflicting utilities in
accordance with the timelines established in this Agreement, or any other conflicts
between the Contractor and Valley View Sewer District. The District, at its sole expense,
shall have the right to defend any claims made by the Contractor relating to the District
Work if the District determines all or any part of the claim is not valid. The provisions of
this section shall survive the expiration or termination of this Agreement.
B. Title 51. Solely for the purposes of enforcement of this Agreement, each Party hereby
waives its immunity under industrial insurance, Title 51 RCW. The Parties mutually
negotiated this waiver.
C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and
save Valley View Sewer District and its elected and appointed officials, employees,
agents and volunteers harmless from any and all costs, claims, damages, judgments and
liabilities against the District caused by or relating to the Contractor's performance of the
District Work.
D. Safety. The City shall require the Contractor to be solely and completely responsible for
safety and safety conditions at the Project site, including the safety of all persons and
property during the performance of the Project Work. The Contractor shall be required to
comply with all applicable City, County and State rules, regulations, ordinances, orders
and codes regarding safety.
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7. INSURANCE
A. 3 Party Utility Obligation. Valley View Sewer District shall procure and maintain for
the duration of the District Work insurance of the types and in the amounts described
below against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work by the District its agents,
representative, employees, subconsultants or subcontractors. Any payment of deductible
or self insured retention shall be the sole responsibility of the District.
1) Automobile Liability insurance with limits no Iess than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2) Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not
be limited to: blanket contractual; products /completed operations; broad form
property damage explosion, collapse and underground (XCU); and employer's
liability; and
3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and
aggregate.
B. Contractor Obligation. The contract between the City and the Contractor shall require
II that the Contractor procure and maintain for the duration of the project insurance of the
types and in the amounts described below against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the
work by the Contractor, its agents, representative, employees, subconsultants or
subcontractors. Any payment of deductible or self insured retention shall be the sole
responsibility of the Contractor. Valley View Sewer District shall be named as additional
insured on the insurance policy. A copy of the endorsement naming Valley View Sewer
District as additional insured shall be attached to the Certificate of Insurance, copies of
which shall be provided to the City prior to commencement of construction by the
Contractor. The Contractor's insurance coverage shall be primary and non contributory
insurance as respects the Districts insurance listed above. The Contractor's insurance
shall contain a clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of the insurer's
liability.
1) Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2) Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not
be limited to: blanket contractual; products /completed operations; broad form
property damage explosion, collapse and underground (XCU); and employer's
liability; and
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3) Excess Liability insurance with limits not Iess than $3,000,000 per occurrence and
aggregate.
8. FRANCHISE AGREEMENT
The City and Valley View Sewer District agree that as to future projects, by entering into
this Agreement, neither Party has waived any rights it may have under an existing franchise
agreement between the City and Valley View Sewer District, and the City and Valley View
Sewer District expressly herein reserve such rights. Notwithstanding anything in this
Agreement to the contrary, Valley View Sewer District's participation in the project
contemplated in this Agreement, and its very participation in this Agreement, shall in no
event be construed as a waiver of Valley View Sewer District's obligation to relocate
underground utilities pursuant to the franchise agreement, and parties understand and agree
that the terms and conditions of this Agreement shall not be considered as a basis for future
relocation projects that may be franchise required. The District shall retain the rights of
exclusive use, regulation and control of the completed District Work and full ownership of
the District Work including, but not limited to, the right to sell, transfer or assign its rights in
and to the District Work.
9. MISCELLANEOUS
A. Compliance with Laws. The parties shall comply with all federal, state and local laws,
rules and regulations throughout every aspect in the performance of this Agreement.
B. Nonwaiver of Breach. The failure of a party to insist upon strict erformance of any of
P Y
the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be constructed to be a waiver or relinquishment of those terms
and rights and they shall remain in full force and effect.
C. Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the parties or between any
party and the Contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King
County Superior Court, King County, Washington.
D. Attorney's Fees. 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 the
prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit.
E. Written Notice. All communications regarding this Agreement shall be sent to the parties
at the addresses Iisted on the signature page of this Agreement, unless otherwise agreed
by both parties. Any written notice shall become effective upon delivery and shall be
deemed sufficiently given if delivered to the addressee at the address stated on this
Agreement. If notice is mailed, delivery shall become effective three (3) calendar days
after the date of mailing by registered or certified mail. If notice is emailed, delivery
shall become effective upon an acknowledgment of receipt of the email.
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F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of each affected party.
G. Severability. If any one or more sections, sub sections, or sentences of this Agreement
are held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this Agreement and the remainder shall remain in full force and
effect.
H. Relationship. It is understood and agreed that no agency, employment, joint venture, co-
employer or partnership is created by this Agreement. No party hereto shall (i) have the
power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense
whatsoever of another.
I. Force Majeure_ Parties shall not be deemed to be in breach of this Agreement if unable
to perform their respective obligations hereunder as a result of the occurrence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes,
civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes,
lightning or other similar catastrophes or other causes beyond the parties' reasonable
control. The scope of events of force majeure shall not extend to payment of money
owed hereunder.
J. Entire Agreement. The written provisions and terms of this Agreement, together with
any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This Agreement and any attached Exhibits contain the entire
Agreement between the parties. Should any language in any Exhibit to this Agreement
conflict with any language contained in this Agreement, the terms of this Agreement shall
prevail.
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IN WITNESS WHEREOF, the parties below have executed this Agreement.
VALLEY SEWER DISTRICT CITY OF TUKWILA
bv: by:
Print Name: c<< c E Z— Print Name:
Title: z fit Title:(Mavor)
DATE: 6/2-0 b-c a b DATE:
Notices to be sent to: Notices to be sent to:
VALLEY VIEW SEWER DISTRICT CITY OF TUKWILA
Attn: l7AY\t:1NtCXk Attn: Bob Giberson
is y Public Works Department
S P.take 1 L `36, c i t tr 6300 Southcenter Blvd., Ste 100
�A 0,-ve X v-r _,e.. rns (email) Tukwila, WA 98188
(goal Z42 -3Z3t o ZL7 (telephone) baibersoneci.tukwifa.wa.us
24-2. (facsimile) 206- 433 -0179 (telephone)
206 431 -3665 (facsimile)
APPROVED AS TO FORM:
Shelley Kerslake, City Attorney
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TIB Ph2 /3 (95- RW -03)
Exhibit A Scope of Work —Valley View Sewer System Adjustments
The following Scope of Work will be included in the Project Work following the
execution of a Coordination Agreement for the Project listed above. The District will be
responsible for paying these costs by compensation to Tukwila as detailed in the
Coordination Agreement and the relevant attachments. Additional costs may be assessed
to the District as allowed by the Agreement and/or as detailed below.
BID SCHEDULE E: Valley View Sewer System Adjustments
ITEM ITEM QUANTITY UNIT TOTAL
NO. DESCRIPTION PRICE AMOUNT
1. Install 1 foot 48" MH section
1EA
Price in Words
2. Install 2 foot 48" MH section
1 EA
Price in Words
3. Install 3 foot 48" MH cone
9 EA
Price in Words
4. Replace Frame Cover w /Locking
Frame and Cover 15 EA
Price in Words
5. Adjust casting to Grade
15 EA
Price in Words
6. Remove or Abandon /Fill Sewer
Pipe /Casing 170 LF
Price in Words
7. Abandon Sewer MH
1 EA
Price in Words
8. Trench Safety
LS
Price in Words
S: \TIB Phase 2 &3 95- RW03.005 Design Review \Utility Coordinationl3rd Party Coordination Agreements \TIB Ph2 &3
ValView Coordination Agreement Exhibit A.doc 06/25/2008
Page 1 of2
ADDITIONAL COST ITEMS
The Contract Documents will provide additional provisions for Extra Work which cannot
be completely quantified at the time of bid. These work items will be included in the bid
schedule as either Unit Price or Force Account line items in a separate schedule from the
"Valley View Sewer System Adjustments" and will be billed according to the
proportion of Extra Work associated with each specific utility.
Two examples of such Extra Work items include "Potholing" and "Resolution of Utility
Conflicts The potholing item will be used to assess potential conflicts between planned
Project Work and existing District utilities, which were not accurately located during
design, and the RUC item will track any impact that a conflict creates with the Project
Work as bid. The District acknowledges that approval of the final contract documents,
which includes these Extra Work items, signifies its acceptance of these items as a
method of reimbursement up to the maximum approved by Tukwila's contract authority.
The District will be given the option to perfoun any required Extra Work with their own
forces, use one or more of these Extra Work items, or approve a Change Order to include
the work in the City's contract for additional compensation. In either case any impact to
the project schedule may be assessed against the District if the Extra Work delays the
project completion date and the District could have anticipated and avoided the delay.
The impact will be charged to the District at the rate to be determined by the Project
Engineer on a case by case basis as allowed in the DOT Standard Spec ifications and
applicable law.
S: \TIB Phase 2 &3 95- RWO34Y.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3
ValView Coordination Agreement Exhibit A.doc 06/25/2008
Page 2 of 2
TIB Ph2 /3 (95- RW -03)
Exhibit B
Valley View Sewer Work Timeline and Schedule
1) The District will be provided, through appropriate contract language, a minimum
of sixty (60) days written Notice of Pending Conflict by the City's contractor for
all known utilities which require removal or relocation to avoid hindering the
progress of project construction. This notice will include utilities which have not
been designated as part of the District Work to be perfoinied by the Contractor as
Project Work.
2) For utility relocation requiring cut over of existing services a sixty (60) day work
window will be provided to the utility, including thirty (30) days to install and
energize new water mains and other necessary infrastructure, fifteen (15) days to
complete transfer of existing services to the new system (assuming previous
service routes can be reused or new service routes are in place), and fifteen (15)
days to remove the obsolete utilities.
3) Minor utility adjustments which do not require cut over of existing services to
new infrastructure will be given a fifteen (15) day work window to adjust utilities
to avoid conflict.
4) In all cases the work window will start when utility crews have full and
unrestricted access to the relocation zone and any applicable infrastructure
included in the contract
designed to accept the relocated utility grl p Ity Is in place.
Note All time intervals will be measured in Calendar days.
S:\TIB Phase 2 &3 95- RW0313 Design Review \Utility Coordination\3rd Party Coordination Ag eements \TIB Ph2 &3
ValView Coordination Agreement Exhibit B.doc 06/25/2008
Page 1 of 1
City of Tukwila
2 Transportation Committee
�r'soa
TRANSPORTATION COMMITTEE
Meeting Minutes
July 15, 2008 5:00 p.m. Conference Room #1
PRESENT
Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn
Staff: Jim Morrow, Bob Giberson, Peter Lau, Mike Ronda, Gail Labanara, and Kimberly Matej
CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Green River Pedestrian Utility Bridge Repairs Contract Closeout
Staff is seeking full Council approval for contract closeout and authorization to release retainage for the
repair portion of the Green River Pedestrian Bridge project. The repair portion of the project costs totaled
$98,295.55. Council recently awarded a contract for the painting of the bridge (see Transportation minutes
dated June 24. 2008 and Council minutes dated July 7, 2008). UNANIMOUS APPROVAL. FORWARD
TO JULY 21 REGULAR CONSENT AGENDA.
B. Tukwila International Boulevard Phase II III Coordination Agreements
Staff is seeking full Council approval to enter into Interlocal Coordination Agreements with King County
Water District 125 and Valley View Sewer District for the Tukwila International Boulevard (TIB) Phase II
and III Street Improvement Project.
The TIB street improvements will require relocation of third party utility facilities that are within the project
boundary. Since the City does not have existing franchise agreements with Water District 125 or Valley
View Sewer District, the interlocal coordination agreements will allow the City to have active project
management, control costs and reduce delays for Phase II III.
Project costs for each entity will be determined by the final bid amount for the respective portion of the
project. Committee members requested staff clarify in the memo to full Council that there will be no budget
impact as a result of these agreements. Each district will be responsible for paying for their portion of utility
relocation.
Staff discussed Withdrawal from the Agreement (Section 4 of each agreement) which is essentially an
escape clause that allows for termination of the agreement. If WD 125 or Valley View withdrawal, they
would be required to coordinate and install their facilities in a manner that would not delay the City's
contractor. UNANIMOUS APPROVAL. FORWARD TO JULY 28 COW FOR DISCUSSION.
C. Tukwila 205 Levee Site 5 Retaining Wall Construction Management Supplement No. 5 with KBA, Inc.
Staff is seeking full Council approval for Supplemental Agreement No. 5 to an existing contact with KBA,
Inc. of Bellevue, Washington for construction management and inspection of the Tukwila 205 Levee Repair
Project. The Supplemental Agreement is for $90,000; however, there is no budget impact as per an
agreement with La Pianta, LLC who is responsible for reimbursement of this cost.
Supplemental Agreement No. 4 to the above contract was for $24,000 and allowed KBA to begin providing
immediate services. Supplemental Agreement No. 5 will allow the contractor to complete full -time
construction management and inspection services for the project for a grand total of $114,000.00.
COUNCIL AGENDA SYNOPSIS
ksy Initials ITEM NO.
„I" ,1
Q: Meeting Date Prepared b Mayor's review Council review
C
w't /i
i0, 1 07/28/08 1 P )&J. y
08/04/08 1 PL 1
rso I I I I b
I I 1 1
ITEM INFORMATION
CAS NUMBER: 08-094 I ORIGINAL AGENDA DATE: JULY 28, 2008
AGENDA I IEM TITLE Tukwila 205 Levee: Site 5 Retaining Wall
Supplemental Agreement No 5 for Construction Management with KBA, Inc.
CA 1'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 07/28/08 Mtg Date 08/04/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTY
SPONSOR'S The 2006 base contract with KBA, Inc. was for on -call construction management services.
SUMMARY Supplement #4 was executed for $24,000 to provide a limited scope and fee on the Tukwila
205 Levee retaining wall in order to allow KBA to start inspection and project management
immediately. This Supplement #5 is for $90,000.00 and will allow KBA to complete the
remaining full -time construction management and inspection services for this fast -paced
project. La Pianta has agreed to reimburse the City for the entire costs related to the Tukwila
205 Levee retaining wall per City contract 08 -036.
REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 07/15/08
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the supplement with KBA.
CoNili 11TIEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$90,000.00 $0.00 $0.00
Fund Source: 000.13.532.201.41.04 Public Works
Comments: La Pianta will reimburse the City for all costs associated with the Tukwila 205 Levee retaining wall.
MTG. DATE I RECORD OF COUNCIL ACTION
07/28/08
08/04/08 1
MTG. DATE I ATTACHMENTS
I 07/28/08 1 Information Memo dated July 8, 2008
KBA's Supplement No. 5 with scope of Work
Transportation Committee Meeting Minutes from July 15, 2008
08/04/08 1
INFORMATION MEMO
To: Mayor Haggerton
From: Public Works Directo)
Date: July 8, 2008
Subject: Tukwila 205 Levee: Site 5 Retaining Wall
Project No. 08 -DRO2
Supplement Number 5 to Consultant Agreement 06-045
Construction Management and Inspection Services
ISSUE
Approve Supplemental Agreement Number 5 to Consultant Agreement Number 06 -045.
BACKGROUND
Base contract No. 06 -045 with KBA, Inc. of Bellevue, WA, included on -call construction management
(CM) services in support of any City funded construction projects.
To fully cover the expenses of providing adequate CM and inspection for the fast -paced Tukwila 205
Levee Repair project, the City needs to approve a second supplemental agreement with KBA, Inc.
Through the executed first supplement for this project, Supplemental Agreement No. 4, KBA, Inc. is
already managing and inspecting the levee repair project for the City. KBA has the proper expertise
and staff availability to continuously work on this project.
Supplemental Agreement No. 4 only provided for limited scope and fee in order to allow the consultant
to start work immediately. By executing the proposed Supplemental Agreement No. 5, the City would
allow the consultant to complete the remaining full -time CM and inspection services for the project.
ANALYSIS
This Supplemental Agreement was carefully reviewed, and is a reasonable scope and fee. The entire
CM and inspection fee from the consultant is reimbursable from LA Pianta, LLC. Supplemental
Agreement No. 4 was approved in the amount of $24,000.00, making the combined total for the
supplements to $114,000.00.
BUDGET AND BID SUMMARY
Not applicable due to the agreed reimbursement from LA Pianta, LLC to the City, for the entire
construction management and inspection costs.
RECOMMENDATION
Approve Supplemental Agreement Number 5 in the amount of $90,000.00 for a combined total for this
project of $114,000.00.
Attachments: Supplemental Agreement Number 5 to Consultant Agreement Number 06 -045
Exhibit A -5 Scope of Services
Exhibit B -5 KBA Budget Proposal
P:\PROJECTS\A -DR Projects \OS -DR02 (205 Levee Repair) \Construction Phase'Before Construction\IBA's Contract Supplement\Info Memo for KBAs Supplement 45 7- 8-0S.dx
SUPPLEMENTAL AGREEMENT NUMBER 5 06-0 C c')
TO
CONSULTANT AGREEMENT NUMBER 06 -045
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein -after referred to as "the City and KBA, Inc., hereinafter referred to as "the
Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified.
The City desires to supplement the agreement entered into with the Consultant and executed on,
April 17, 2006, and identified as Agreement No. 06 -045. All provisions in the basic agreement
remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
1. Scope of Services, is hereby amended to include the scope of services as listed in the
attached Exhibit A -5, for Phase 2 Services of the Tukwila 205 Levee Retaining Wall.
2. Payment, shall be amended as follows: The total amount of this supplement, with
markup and subconsultants, as detailed in Exhibit B -5, is: $90,000.
3. Time for Performance, shall be amended as follows: The performance of this
supplemental agreement shall be extended to October 31, 2008, to include the anticipated
final billing from the consultant.
Payment for the work provided by the Consultant as part of this supplement shall be made and
the total amount of payment to the Consultant for this work shall not exceed $90,000.00 without
express written modification of the Agreement signed by the City.
The maximum amount payable under this agreement as supplemented inclusive of all fees and
other costs is now $90,000.00.
DATED this day of 2008
CITY OF TUKWILA CONSULTANT KBA, Inc.
By:
Jim Haggerton, Mayor
Printed Name: Kristen A. Betty. PE
Title: President
KBA, Inc. June 17, 2008
EXHIBIT A -5
SCOPE OF SERVICES
Construction Management Services
for
Tukwila 205 Levee Concrete Retaining Wall
Contract No. 06 -045 Task Order 5
KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Tukwila (Client)
for the Project known as Tukwila 205 Levee Concrete Retaining Wall. These services will include
consultation, contract administration, field observation, documentation, material testing, and other tasks
as required during the construction of the Project. Services will be in accordance with the project
specifications finalized by the US Army Corps of Engineers, 2007 King County Road Standards, and
2008 WSDOT APWA Standard Specifications for Road, Bridge, and Municipal Construction.
This project includes the construction of 850 LF of cement concrete retaining wall as shown in the project
plans. Others will perform construction of the levee widening. This project is funded by a private property
owner, Mario Segale, who will be the contractor. The Consultant will provide oversight as outlined in the
Quality Control /Quality Assurance Plan, the Project Plans and other Project Specifications, prepared by
the U.S. Army Corps of Engineers (Corps). The plans and specifications have been prepared by the
Corps. Survey and materials testing will be provided by the Contractor. The Consultant will retain the
services of a materials testing firm to provide quality assurance testing, as detailed below.
Construction Services will be provided in 2 phases.
Phase 1: Will include Project Management, Preconstruction Services, and Construction Services
(Contract Administration Field) up to the initial budget limits.
Phase 2: Will include Project Management and Construction Services (Contract Administration
Field) for the remainder of the Project, and will be authorized under a separate task order.
1. PHASE 1 PRECONSTRUCTION INITIAL CONSTRUCTION MANAGEMENT
SERVICES
Phase 1 consultant service was executed through Supplemental Agreement Number 4.
11. PHASE 2 CONSTRUCTION MANAGEMENT SERVICES
A. Project Management
1. Provide overall project management, coordination with the Client, monthly progress reports,
invoicing of the Consultant's services, and all other necessary tasks requested by City of
Tukwila. This effort will include the following elements.
a. Day -to -day project management: liaison with Client on a regular basis to discuss Project
issues and status.
b. Manage subconsultants and Consultant's staff. Organize and layout work for Project
staff. Prepare project instructions on contract administration procedures to be used
during construction.
c. Review monthly expenditures, and prepare and submit invoices and Project progress
letter reports to Client.
E. Preconstruction Services
1. None provided see Phase 1.
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KBA, Inc. June 17, 2008
C. Construction Services Contract Administration
1. Liaison with the Client, contractor, designer, Corps, other appropriate agencies, property
owners, and utilities. The Client will be the primary point of contact with the Corps.
2. Provide the Client with weekly executive summary progress reports in brief memo format to
be provided in e-mail, highlighting construction progress and advising of issues which are
likely to impact cost, schedule, or quality /scope.
3. Review the contractor's proposed schedule for constructability and contract compliance, and
bring perceived problems to their attention. Monitor the contractor's conformance to
schedule and require revised schedules when needed. Advise Client of schedule changes.
Review third party (i.e. Corps work on adjoining site(s)) work schedules for compatibility.
4. Progress meetings. Lead weekly progress meetings with the contractor, including preparing
Client pre briefing, weekly meeting agenda, meeting notes, and distributing copies of meeting
notes to attendees. Track outstanding issues on a weekly basis.
5. Shop Drawings /Submittal Review. Track, and review or cause to be reviewed: work plans,
shop drawings, samples, test reports, and other data submitted by the Contractor, for general
conformance to the Contract Documents. (Note: The majority of the submittals should be
reviewed in Phase 1.)
6. Respond to requests for information (RFIs). Provide technical interpretations of the drawings,
specifications, and Contract Documents, evaluate requested deviations from the approved
design or specifications, or forward to appropriate party for interpretation and /or evaluation.
7. Change management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
8. Assist the Client in the investigation of malfunctions or failures during construction.
9. Record drawings. Review not less than monthly the Contractor's redline set of contract
drawings, if required by Contract Documents.
10. Document Control. Maintain document retention and tracking systems established in Phase
1. Collect, organize, and prepare documentation on the Project. Log in and out, and
maintain files on RFIs, submittals, correspondence, meeting notes, and project documents.
11. Final Records. Compile and convey final project records, transferring to the Client for
archiving at final acceptance of the Project.
12. Provide all other necessary tasks requested by City of Tukwila.
D. Construction Services Field
1. Provide the services of multiple field Project Representatives and oversight from the Principal
in Charge, as needed, on the Project site who will observe the Project Plans and
Specifications compliance of the construction, including providing day -to -day contact with the
Contractor, Client, utilities, and other stakeholders, and will monitor for adherence to the
Contract Documents.
2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes, and notify contractor of noncompliance by issuing non-
compliance orders.
3. Advise the Client of any non conforming work observed during site visits.
4. Prepare daily construction reports, recording the construction contractors' operations
observed while the Consultant is on site; prepare documentation of completed work, and
other items, including change orders. The reports, along with daily photographs, will be
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KBA, Inc. June 17, 2008
provided to the Client on a daily basis in electronic format. Daily reports photographs will
comply with the Quality Control /Quality Assurance Plan.
5. Interpret plans, drawings, specifications and other contract documents, in coordination with
Designer.
6. Record of Materials. Prepare Record of Materials indicating anticipated material approvals,
material compliance documentation, and materials testing requirements. Maintain records of
material compliance documentation received, and advise of any known deficiencies.
7. Decide questions which may arise as to the quality and acceptability of material furnished,
work performed, and rate of progress of work performed by the Contractor.
8. Respond to related questions from adjacent property owners and the general public. Prepare
draft public notices for the Client's review.
9. Establish communications with property owners. Provide periodic notification to affected
property owners on upcoming work and providing contact numbers, as it pertains to the
construction of the retaining wall. The Corps will coordinate for later construction of the
levee.
10. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable. Track permit work windows and have Contractor incorporate into their schedule.
11. Prepare field records and documents to help assure the Project is administered in
accordance with the applicable sections of the Quality Control /Quality Assurance Plan, to be
further defined in the Construction Management Plan.
12. Attend and actively participate in weekly on -site meetings.
13. Provide periodic digital photographs during the course of construction. Photographs to be
organized by date, and comply with the Quality Control /Quality Assurance Plan.
14. Punch list. Upon substantial completion of work, coordinate with the Client and the Corps,
and other affected agencies, to perform a Project inspection and develop a 'punch list' of
items to be completed.
15. Testing. Conduct, or cause to be conducted, quality assurance materials tests, and
laboratory tests during the work. Coordinate and manage testing subconsultants for
construction services. Coordinate the work of the Field Representative(s) and testing
laboratories in the observation and testing of materials used in the construction; document
and evaluate results of testing; and inform Client and contractor of deficiencies. The
Contractor to provide primary materials testing for contract compliance.
16. Provide all other necessary tasks requested by City of Tukwila.
E. Assumptions
1. Budget
a. Staffing levels are anticipated in accordance with attached budget estimate. A certain
amount of overtime has been figured into the budget to use, if needed, during peak
construction activities. Supplemental assistance may be needed depending upon
contractor's activities (number of crews and shifts). The level of effort is based on a 50
hour work week with 20 percent contingency for overtime.
b. The work is anticipated to be performed during daytime hours. Should night work be
necessary, a 15 percent premium for labor will be applied to field representatives
performing night work.
c. The Consultant will provide services up to the budgetary limits. The level of effort
required will not exceed the approved budget without prior approval by the Client. The
construction is scheduled from June 19, 2008 through August 15, 2008 and is based on a
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KBA, Inc. June 17, 2008
39- working day construction contract. Should further services be required, or should the
construction contract run longer than this time period, the Client and Consultant will
negotiate a supplement to this Agreement. Thirty additional calendar days are budgeted
for completion of punchlist and project closure.
2. Items and Services Client will provide
a. Field office, furniture, 4 drawer filing cabinet, office telephones, restroom facilities, other
office equipment and all necessary utilities as needed.
b. Coordination with and enforcement of utility franchise agreements and /or contracts and
schedules for services related to this Project.
3. Items Consultant will provide
a. Two computers (with Office 2007) with "Air Cards" to provide internet access.
b. Printer /Fax/Scanner for use by field representatives.
c. Cellular phones with data package.
d. Cameras: Digital with memory card.
4. Items to be provided by Others
a. US Army Corps of Engineers to provide Engineer of Record as needed for design
changes and clarifications.
5. Scope
a. The property owner and general contractor (Segale Properties) will be responsible for
retaining the services of sub contractors, and for tracking payment to the sub contractors.
The Consultant will not provide measurement and payment information, but will generally
track production of the work.
b. Consultant will provide inspection services for the days /hours that Field Representative
staff is /are on -site. The Field Representative(s) will not be able to observe or report
construction activities, or collect documentation, during the time he /she is not on -site.
c. Definitions and Roles. The use of the term "inspect" is synonymous with "construction
observation:, and reference to the "Inspector" role is synonymous with "Field
Representative and means: performing on -site observations of the progress and quality
of the Work and determining, in general, if the Work is being performed in conformance
with the Contract Documents; and notifying the Client if, in their opinion, Work does not
conform to the Contract Documents or requires special inspection or testing. Where
"Specialty Inspector" or "specialty inspection" is used, it refers to the detailed inspection
and sign -off required by codes and regulations, such as electrical or welding inspection.
d_ Notwithstanding the statements in the Corps Quality Control /Quality Assurance plan, the
Consultant will monitor the construction contractor's activities, and 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 contractors' 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
any other entity than its own failure to perform its work in accordance with laws,
contracts, regulations, or Client's expectations.
e. Review of Shop Drawings and other Contractor submittals is not intended as an approval
of the submittals if they deviate from the Contract Documents or contain errors,
omissions and inconsistencies, nor is it intended to relieve the Contractor of their full
responsibility for Contract performance, nor is the review intended to ensure or guarantee
lack of inconsistencies, errors, and /or omissions between the submittals and the Contract
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KBA, Inc. June 17, 2008
requirements. This review will not include review of the accuracy or completeness of
details, such as quantities, dimensions, weights, or gauges, fabrication processes,
construction means or methods, or coordination of the work with other trades, all of which
are the sole responsibility of the construction contractor. Review of a specific item will
not indicate that the Consultant has reviewed the entire assembly of which the item is a
component. However, the Consultant has the responsibility to notify the City and the
Contractor of the incomplete submittals, if the entire materials were already installed in
the project site.
f. Any opinions of probable construction cost provided by the Consultant will be on the
basis of experience and professional judgment. However, since Consultant has no
control over competitive bidding or market conditions, the Consultant cannot and does
not warrant that bids or ultimate construction costs will not vary from these opinions of
probable construction costs.
g. Consultant is not responsible for any costs, claims, or judgments arising from or in any
way connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others.
I1. OPTIONAL SERVICES
The services described below, and any other major Extra Work requested by the Client, will be performed
only when authorized by the Client. Authorization to perform major Extra Work will be in the form of a
mutually negotiated Supplement to this Agreement, specifying the scope of services and budget.
A. One -time control and construction staking, and any re- staking needed as design changes or
stakes or monuments are interfered with by Contractor.
B. Public Involvement support.
1. Coordinate media releases and traffic advisory updates.
2. Develop and maintain Project website, updating project progress monthly.
C. Provide administrative and support services during construction which are not included in the
above scope of services, which may include:
1. Investigations, meetings, and negotiations with the Contractor involving claims and legal
complaints, or a significant amount of defective or rejected work. A "significant amount"
would be an item that might represent more than 2.5 percent of the total contract bid amount.
2. Additional work resulting from delinquency or insolvency of the Contractor; or as a result of
damage to the construction Project caused by fire, flood, earthquake or other acts of God, all
exclusive of additional work resulting from litigation.
3. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions or work
required to resolve disputes or goals involving minorities. Additional work resulting from
significant delays or acceleration of the work by the Contractor.
4. Assistance to legal, financial, or other consultants engaged by the Client beyond the services
previously described.
5. Additional services resulting from changes in scope or design of the Project due to
circumstances beyond the Consultant's control. Changes include, but are not limited to,
changes in size, complexity, the schedule, character of construction, or method of financing.
D. Provide record drawings.
P:\PROJECTSW- DR Projects \08 -DRO2 (205 Levee Repair) \Construction Phase \Before Construction\KBA's Contract Supplement\Revised KBAs PM Inspection Service
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City of Tukwila
Transportation Committee
e V s
rsos
TRANSPORTATION COIVIM TTEE
Meeting Minutes
July 15, 2008 5:00 p.m. Conference Room #1
PRESENT
Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn
Staff: Jim Morrow, Bob Giberson, Peter Lau, Mike Ronda, Gail Labanara, and Kimberly Matej
CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Green River Pedestrian Utility Bridge Repairs Contract Closeout
Staff is seeking full Council approval for contract closeout and authorization to release retainage for the
repair portion of the Green River Pedestrian Bridge project. The repair portion of the project costs totaled
$98,295.55. Council recently awarded a contract for the painting of the bridge (see Transportation minutes
dated June 24. 2008 and Council minutes dated July 7, 2008). UNANIMOUS APPROVAL. FORWARD
TO JULY 21 REGULAR CONSENT AGENDA.
B. Tukwila International Boulevard Phase H III Coordination Agreements
Staff is seeking full Council approval to enter into Interlocal Coordination Agreements with King County
Water District 125 and Valley View Sewer District for the Tukwila International Boulevard (TIB) Phase II
and III Street Improvement Project.
The TIB street improvements will require relocation of third party utility facilities that are within the project
boundary. Since the City does not have existing franchise agreements with Water District 125 or Valley
View Sewer District, the interlocal coordination agreements will allow the City to have active project
management, control costs and reduce delays for Phase II III.
Project costs for each entity will be determined by the fmal bid amount for the respective portion of the
project. Committee members requested staff clarify in the memo to full Council that there will be no budget
impact as a result of these agreements. Each district will be responsible for paying for their portion of utility
relocation.
Staff discussed Withdrawal from the Agreement (Section 4 of each agreement) which is essentially an
escape clause that allows for termination of the agreement. If WD 125 or Valley View withdrawal, they
would be required to coordinate and install their facilities in a manner that would not delay the City's
contractor. UNANIMOUS APPROVAL. FORWARD TO JULY 28 COW FOR DISCUSSION.
C. Tukwila 205 Levee Site 5 Retaining Wall Construction Management Supplement No. 5 with KBA. Inc.
Staff is seeking full Council approval for Supplemental Agreement No. 5 to an existing contact with KBA,
Inc. of Bellevue, Washington for construction management and inspection of the Tukwila 205 Levee Repair
Project. The Supplemental Agreement is for $90,000; however, there is no budget impact as per an
agreement with La Pianta, LLC who is responsible for reimbursement of this cost.
Supplemental Agreement No. 4 to the above contract was for $2.4,000 and allowed KBA to begin providing
immediate services. Supplemental Agreement No. 5 will allow the contractor to complete full -time
construction management and inspection services for the project for a grand total of $114,000.00.
Transportation Committee Minutes July 15, 2008 Pape 2
KBA, Inc. was chosen for this project from an existing, pre- approved City list of on -call construction
management service providers. Firm assignment from the existing list is based on firm workload, immediate
response ability, and qualified experience. UNANIMOUS APPROVAL. FORWARD TO JULY 28
COW FOR DISCUSSION.
III. ANNOUNCEMENTS
No announcements.
IV. MISCELLANEOUS
Meeting adjourned at 5:25 p.m.
Next meeting: Tuesday, July 29, 2008 5:00 p.m. Conference Room 1
Committee Chair Approval
Minutes by KAM. Reviewed by GL.
ICI
Tentative Agenda Schedule
MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
July 7 14 21 28
4th Independence
Day See agenda packet
(City offices closed) cover sheet for this
week's agenda
(July 28, 2008
Committee of the Whol•
Meeting)
August 4 11 18 25
Public Hearing: Special Presentation: Special Presentation:
Bow Lake Transfer EXECUFIVESESSION Sound Transit update Mid -year budget
Station UUP 6:30 TO 7:00 PM regarding permanent review
(quasi-judicial) station and parking Spec ial Issu es:
Unfinished Business:
(Paul Cornish Project Tukwila Village
Manager, Sound
Bow Lake Transfer Special Issues: Transit) discussion
StationUU Tukwila Village
Tukwila developer presentation Unfinished Business:
International by Tarragon Tukwila Village
Boulevard developer discussion
Phase II and III
coordination
agreements
(Valley View Sewer
District and Water
District 125)
Tukwila 205
Levee —Site 5
retaining wall
construction
management,
Supplement No. 5
with KBA, Inc.
Tukwila Village
developer
presentation by
Legacy Partners
September 2 (Tuesday) 8 15 22
V —Labor Day Special Presentation:
(City offices closed) Wellness
presentation
29a' Well City Award
Fifth Monday of the Proclamation: COMMi t t Et OF THE
month —no Council Mayor's Day of WHOLE MEETING TO
meeting scheduled Concern for the BE FOLLOWED BY A
H ungry SPEQAL MEETING
Upcoming Meetings Events
JULY AUGUST 2008
28th (Monday) 29th (Tuesday) 30th (Wednesday) 31st (Thursday) 1st (Friday) 2nd (Saturday)
Community Affairs T.-,..oaf-ion Council Coffee
Parks Cmte, Gnats Chat
5: 00 PM CANCELLED Court 9:00 to 1 I :00 AM
(CR 63)
City Council
Committee of the
Whole Mtg.,
7:00 PM Stop by and
(Council informally talk with a
Chambers) Tukwila City
Councilmember
Family Fun Night about anything on
6:00 to 8:00 PM your mind regarding
Tukwila.
Tukwila Community
Center This week:
Sl per person Foster Golf Links
This week: Clubhouse at
Arts Crafts Night 13500 Interurban
Ave.
4th (Monday) 5th (Tuesday) 6th (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday)
Utilities Cmte, Chamber of Sister City Equity Human Council Coffee
5:00 PM (CR 6/) Commerce Gov't. Cmte, Diversity Scrvicza Chat
Community 5:30 PM Commission Advisory 9:00 to 11:00 AM
r Civil Service Affairs Cmte., (CR 43) 5:00 PM Beafd
Commission, 12 :00 NOON (City Hall CANCELLED
5:00 PM (CR 43) (Chamber Office) Conference
Room `3) 0
NOTE SPECIAL
City Council Arts Commission, MEETING
Executive Session, 5:00 PM LOCATION Stop by and
6:30 PM (Community THIS MONTH informally talk with a
(Council Center) Tukwila City
Councilmember
Chambers) about anything on
City Council i Finance Safety your mind regarding
Regular Mtg., Cmte, Court Tukwila.
7:00 PM 5:00 PM This week: i
(Council (CR 43)
Foster Golf Links
Chambers) Clubhouse at
13500 Interurban
Family Fun Night Tu KWILA Aye.
6:00 to 8:00 PM NIGHT OUT
Tukwila Community AGAINST CRIME
Center
S I per person
This week: H f
Family Fitness
v.
Challen
Deadline to register to Register your
be included in neighborhood event
advertising for with the City
Tukwila's Community by August 41
Garage Sale For more information
(August 23 24) contact Chris at
www.cttukwila.wa.us/ 206931 -2197.
yardsale.html or call
206 -433 -7178
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 Ptt, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 63. Agenda items for 7 /28/08 meeting:
(A) Resolution authorizing application to the Recreation Conservation Office for funding assistance for the Duwamish Riverhend Hill
project. (B) Development Agreement with Mastro Properties for a multi family condominium project.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 63.
i Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 41. 7/29/08 meeting has been cancelled.
'S= Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 61.
Court Busy Court and. /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).