HomeMy WebLinkAbout10-106 - KPG Inc - 2011 Overlay and Repair / Engineering DesignSUPPLEMENTAL AGREEMENT No. 3
AGREEMENT NO. 10-106 C G�
PROJECT NO. 91110401
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
10-106(c)
Council Approval N/A
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
PROJECT: 2011 Overlay Program
This SUPPLEMENTAL AGREEMENT NO. 3 is to supplement the agreement entered into with KPG,
Inc. and the City of Tukwila, which was executed on the 9"' day of November, 2010.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 3, Time for Performance, shall be modified as follows:
All work under this agreement shall be performed by January 31, 2012
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this . day
of , 2011.
APPROVED: APPROVED:
CITY OF TUKWILA
KPG, INC.
Attested:
`tom
t , Christy O'Flaherty, City Clerk
Nelson Davis, P.E.
Principal
/'/a, t off- 6'/6//V9$
SUPPLEMENTAL AGREEMENT NO. 2
AGREEMENT NO. 10-106 Sp)
PROJECT NO. 91110401
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
10-106(b)
Council Approval N/A
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
PROJECT: 2011 Overlay Program
This SUPPLEMENTAL AGREEMENT NO. 2 is to supplement the agreement entered into with KPG,
Inc. and the City of Tukwila, which was executed on the 9th day of November, 2010.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be modified as follows:
The Consultant agrees to provide on-call construction support services as requested by the City in
accordance with the scope of work included as Exhibit A.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto,
provided that the total amount of payment to the Consultant for this work not exceed $23,846.52 without
express written modification of the Agreement signed by the City. The new total contract shall not exceed
$147,424.42 without express written modification of the Agreement signed by the City.
IN WIT SS WHEREOF, the parties hereto have set their hands and seals this 37» day
of �•n i ts'� , 2011.
APPROVED:
CITY OF TUKWILA
tee
Jim -rton
Ma
Attested:
Christy O'Flahe ' City Clerk
APPROVED:
KPG, INC.
Nelson Davis, P.E.
Principal
Exhibit A
City of Tukwila
2011 Overlay Program
Supplement No. 2
Construction Support
Scope of work
July 23, 2011
The Consultant shall provide on-call Construction Engineering support services for the
2011 Overlay Program. All effort on this project will be as requested by the City or City
assigned Construction Manager. It is anticipated that budgets between Tasks will be
adjusted as required to provide the requested services. The Consultant shall provide
notification and receive written approval prior to exceeding the approved project budget.
The scope of services and associated cost of services (Exhibit B) are based upon the
assumptions outlined below.
A. The Consultant shall Provide overall consultant Project Management,
coordination with the City, monthly progress reports, and invoicing.
B. Prepare for and attend pre -construction conference with the City, Construction
Manager, Contractor, and affected utilities.
C. The Consultant shall provide the on-call field support to the inspector for the
duration of construction. The level of effort for field support time is estimated at 6
hours per week for the contract duration.
D. The Consultant shall review material submittals and RFI's provided by the
Contractor as requested by the City.
E. The Consultant shall review change conditions as they arise and make
recommendation to the City for field changes/change orders.
F. Prepare Record Drawings for the 2011 Overlay Program based on redline
drawings provided by the City.
G. The budget includes an allowance for survey verification and/or geotechnical
review of poor subgrade soil conditions as shown in Exhibit B. Geotechnical
review, if required, will be provided by a subconsultant to the Consultant.
Deliverables:
Items to be provided by the Consultant:
• Documentation from site meetings, change conditions, and field directives.
• Change orders, if required.
• Full size Record Drawing mylars, 2011 Overlay Program
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Task Description
Task 1 - Construction Support
A. Project Management and Coordination
B. Prepare for and attend pre con meeting
C. On call field support
D. Submittal Review
E. Field reviews/change orders
F. Survey/Geotechnical on call support
G. Prepare Record Drawings
Reimbursable expenses - see breakdown for details
Task Totals
Total Estimated Fee:
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SUPPLEMENTAL AGREEMENT NO. 1
AGREEMENT NO. 10-106 C 0v7)
PROJECT No. 91110401
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
10-106(a)
Council Approval N/A
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
PROJECT: 2011 Overlay Program
This SUPPLEMENTAL AGREEMENT NO. 1 is to supplement the agreement entered into with KPG,
Inc. and the City of Tukwila, which was executed on the 9th day of November, 2010.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be modified as follows:
The Consultant agrees to provide design engineering services as requested by the City in accordance with
the scope of work included as Exhibit A.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto,
provided that the total amount of payment to the Consultant for this work not exceed $23,981.23 without
express written modification of the Agreement signed by the City. The new total contract shall not exceed
$123,577.90 without express written modification of the Agreement signed by the City.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
of ^-1—L4 , 2011.
APPROVED:
CITY OF TUKWILA
Attested:
Christy Flaherty, ity Clerk
APPROVED:
KPG, INC.
Nelson Davis, P.E.
Principal
s-40' �2 O (G, A/A-cS
EXHIBIT A
City of Tukwila
2011 Overlay Program
Supplement No. 1
Finalize Bid Documents
Scope of Work
June 1, 2011
PROJECT DESCRIPTION
This supplement is to complete final bid documents for the 2011 Overlay Program. The original
authorization included an estimate review of a number of road segments to assist in the prioritization of
roadways to be included in the 2011 Overlay Program based on budget and other considerations. Based
on review and collaboration with the City, the following projects will be included in the 2011 Overlay bid
package:
❑ Andover Park West S
o Interurban Ave S
o East Marginal Way
❑ Starfire Parking Lots
vicinity of Minkler (including intersection)
I-5 to S 143rd St (repairs only)
200 yards south of 81st to north city limits
Repairs only, bid as additive bid schedule
The following projects will be developed to the 50% design level, but will not be included in the final
overlay program due to budget and/or coordination with adjacent projects in the urban center.:
❑ East Marginal Way
o Tukwila Parkway
bridge)
o Beacon Ave
O Andover Park East
o Andover Park West S
❑ 49th Ave S
❑ S 114th St
@ 9400 block
Andover Park West to Bahama Breeze (including 61st Ave to S -line
Bangor St to S 107th St
Strander to Tukwila Parkway
180th St to Minkler
S 107th St to S 114th St
51st Ave S to 49th Ave S
The Consultant shall provide all necessary field reviews, base mapping, and utility notification required to
complete final bid documents. The Consultant shall also prepare the bid tabulation, check low bidder(s)
references, and provide a recommendation for award to the City.
The City of Tukwila may require other services of the consultant. These services could include additional
design, right of way, construction phase services, or other work tasks not included in the scope of work.
At the time these services are required, the Consultant will provide the City with a detailed scope of work
and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized
the work and issued a Notice to Proceed.
City of Tukwila
2011 Overlay Program
Supplement No. 1
Page 1 of 1
KPG, Inc.
June 1, 2011
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HOUR AND FEE ESTIMATE
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10-106
Council Approval 11/1/10
CONSULTANT AGREEMENT FOR
ENGINEERING DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City", and KPG, Inc., hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform engineering design
services in connection with the project titled 2011 Overlay Program.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 365 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $99,596.67 without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion
of the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is
mutually negotiated by the parties. This paragraph shall not apply to any damage resulting
from the sole negligence of the City, its agents and employees. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the concurrent
negligence of the City, its agents or employees, this obligation to indemnify, defend and hold
harmless is valid and enforceable only to the extent of the negligence of the Consultant, its
officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
be entitled to any benefits accorded City employees by virtue of the services provided under
2
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
3
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
gr
N
DATED this day of
CITY OF TUKWILA
Attest/Authenticated:
Christy O'Flah
, C City Clerk
MC
0 02 r►v �r' , 2010
CONSULTANT
Title:
Principal
Approved as to Form:
4
EXHIBIT A
City of Tukwila
2011 Overlay Program
Scope of Work
October 12, 2010
PROJECT DESCRIPTION
The Consultant shall prepare final Plans, Specifications and Estimates for the 2011overlay program.
Specific projects will be determine from the following list of candidate streets:
o Interurban Ave S
❑ East Marginal Way
o East Marginal Way
o Tukwila Parkway
bridge)
o S 150th St
o Beacon Ave
o Andover Park East
o Andover Park West S
o 49th Ave S
❑ S 114th St
o 41st Avenue S:
I-5 to S 143rd St (select areas only)
200 yards south of 81st to north city limits
@ 9400 block
Andover Park West to Bahama Breeze (including 61st Ave to S -line
Tukwila International Blvd to 42nd Ave S
Bangor St to S 107th St
Strander to Tukwila Parkway
180th St to Minkler (including intersection)
S 107th St to S 114th St
51st Ave S to 49th Ave S
S 139th Street to north end
The Consultant shall review the street segments above to do a visual confirmation and budget level
estimates. This information will be summarized in a technical memorandum with recommended street
segments amounting to a total program construction budget of approximately $1 Million. Upon approval
by the City, selected road segments for the 2011 Overlay Program will be advanced into final design.
The Consultant shall provide all necessary field reviews, base mapping, and utility notification required to
complete final bid documents. The Consultant shall also prepare the bid tabulation, check low bidder(s)
references, and provide a recommendation for award to the City.
Projects will be bid as a single bid package as budget allows. Projects may be re -prioritized or deferred to
a future overlay program based on available budget and other considerations. Detailed estimates will be
prepared at the 50% design to verify the final project list to be included in the 2011 Overlay Program.
An allowance is included to provide support to the City's pavement management system. This work will
be performed by the Consultant and/or Pavement Engineers Inc. under subcontract to the Consultant as
required.
City of Tukwila
2011 Overlay Program Page 1 of 3
KPG, Inc.
October 12, 2010
SCOPE OF WORK
TASK 1 — MANAGEMENT/COORDINATION/ADMINISTRATION
1.1
1.2
The Consultant shall provide continuous project management and administration for the
duration of the Project. (Estimate 6 months).
• Hold project coordination meetings with the City to update progress and review
submittals. Assume (4) meetings.
• The Consultant shall provide monthly status reports and billings.
The Consultant shall provide independent QA/QC reviews by senior in-house staff of all
deliverables prior to submittal to the City.
TASK 2 — PREPARE DESIGN BASEMAPS/PRIORITY BUDGET MEMO
2.1 The Consultant shall review the street segments included in the project description to do a
visual confirmation of condition and budget level estimates. This information will be
summarized in a technical memorandum with recommended street segments amounting to a
total program construction budget of approximately $1 Million. Upon approval by the City,
selected road segments for the 2011 Overlay Program will be advanced into final design.
2.2 The Consultant shall prepare base maps for the selected project segments using field
measurements, available record drawings and ortho-photography.
Assumptions
• The Consultant shall provide existing mapping or record drawings, GIS information, and
existing aerial ortho-photography for the Project areas.
• Field survey will not be required.
• Typically, only surface utilities requiring adjustment to grade will be shown.
Deliverables
• Technical memorandum with budget estimates and program recommendations.
• Base maps for selected Project sites.
TASK 3 — PREPARE PLANS, SPECIFICATIONS AND ESTIMATE
3.1 The Consultant shall prepare final Plans for the proposed improvements including the
following:
• Plans shall be prepared with such provisions in such detail as to permit field layout and
construction within a degree of accuracy acceptable to the City and per industry
standards.
• It is assumed there will be thirty (30) plan sheets at 1"=20' scale full size (22" X 34"),
1"=40' at reduced scale (11" X 17").
City of Tukwila
2011 Overlay Program Page 2 of 3
KPG, Inc.
October 12, 2010
• Typical sections and details will be prepared for items not available as standard details
from the City, State, or APWA standard drawings.
• The Plans shall illustrate complete details of construction of the proposed improvements
including limits of construction and removals, utility adjustments, surfacing depths and
details, and applicable channelization and signing.
• The Consultant shall perform Project site walkthroughs with the City to determine extent
of roadway improvements/resurfacing (Estimate 2 meetings).
• Pavement sections will be determined through consultation with the City's maintenance
staff and previous experience.
3.2 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable
Construction Cost for each review submittal and the bid documents.
3.3 The Consultant shall prepare the Contract Specification per 2010 WSDOT Standard
Specifications.
3.4 The Consultant shall distribute 50% and 90% review submittals to franchise utility owners for
utility adjustments within the Project limits.
3.5 The consultant shall assist the City with Project Advertisement and Award.
Assumptions
• No federal funding is anticipated for the Project engineering or construction.
• No utility upgrades are anticipated in the project design.
• Drainage & Water Quality Reports will not be required.
• Geotechnical Engineering services will not be required.
• Environmental Documentation will not be required.
Deliverables
• 50% review submittal with Plans and Estimate
• 90% review submittal with Plans, Specifications, and Estimate.
• Bid Documents and Engineer's Estimate
• 6 sets of Plans (11" X 17") and specifications provided for each review submittal.
• 10 sets of Plans (11" X 17") and specifications for the Bid Documents.
• Coordinate upload of Plans and Specifications to Builders Exchange.
TASK 4 —PAVEMENT MANAGEMENT SUPPORT (AS NEEDED)
4.1 The City may require other services of the consultant in updating the City's Pavement
Management Program. This work will be conducted on an as needed basis within the budget
allowances contained in Schedule B. For budgeting purposes, we have included 24 hours of
staff time and a $2,000 allowance for Pavement Engineers under subcontract to the
Consultant.
City of Tukwila
2011 Overlay Program Page 3 of 3
KPG, Inc.
October 12, 2010
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Total Estimated Fee:
HOUR AND FEE ESTIMATE
City of Tukwila
✓
V
d
.O
0
2011 Overlay Program
O
0
Reimbursable Breakdown
N
69.
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