HomeMy WebLinkAbout11-032 - KBA Inc - Emergency Construction Management for APW / APE Sewer Repair (February 2011) 11-032(a)
Council Approval N/A
SUPPLEMENTAL AGREEMENT NUMBER 1
to
CONSULTANT AGREEMENT NUMBER 11 -032
C
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,
February 22, 2011, and identified as Agreement No. 11 -032. 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 changed to include additional construction management services for
the APW /APE Sewer Repair February 2011 project.
2. Payment, shall be amended as follows:
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
$20,000.00 without express written modification of the Agreement signed by the City.
3. Time for Performance, is amended to change the number of calendar days for
completion of the work to read 100 days.
DATED this day of b t 2011.
CITY OF TUKWILA CONSULTANT
By: ‘,•-4►w4..—A-r.
Jim Ha eon, May r
Printed Name: f me;
Title:
/d /7 7(6/1 -S
11 -032
Council Approval N/A
CONSULTANT AGREEMENT FOR
EMERGENCY CONSTRUCTION MANAGEMENT SERVICES
THIS 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.
1. Project Designation. The Consultant is retained by the City to perform emergency
construction management services in connection with the project titled APW /APE Sewer
Repair for Feb 2011.
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 45 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 $16,500.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
/S /o/ re (6/ /Vi¢e--S
W:PW Eng /Pro)ects /A -SW /91140202 APW Sewer Repair /Consultant Agreement KBA 021011 1
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
W:PW Eng/Projects/A-SW/91140202 APW Sewer Repair /Consultant Agreement KBA 021011 2
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that 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.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
W:PW Eng /Projects /A -SW /91140202 APW Sewer Repair /Consultant Agreement KBA 021011 3
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Kristen A. Betty, President
KBA, Inc.
11000 Main Street
Bellevue, WA 98004
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument, signed by both the City and the Consultant.
DATED this ,/13 day of f-- k i/I 20 I I
CITY OF TUKWILA CONSULTANT Y. !'4(
./OfA B 1
Mayo
Printed Name: ii" 11V goXt'C
Title: Ytc..e.. 'PR1 vS�T
Attest/Authenticated: Approved as to Form:
City Clerk r Of ce f e ty Attorney
W:PW Eng/Projects/A-SW/91140202 APW Sewer Repair /Consultant Agreement KBA 021011 4
EXHIBIT A
SCOPE OF SERVICES
Emergency Construction Management Services
for
APW /APE Sewer Repair for Feb 2011
KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Tukwila (City)
for the Project known as APW APE Sewer Repair for Feb 2011. These services will include
consultation, contract administration, field observation, and documentation material testing, as required
during the construction of the Project, as detailed below. Services will be in accordance with the City of
Tukwila Standards, WSDOT Standard Specifications, and permit conditions, as applicable.
Project Description: In February, 2011, the existing cast iron watermain failed on Andover Park West,
approximately 400 feet south of Minkler Blvd. The volume of water from the waterline break resulted in
damage to the paving and may have also caused damage to a nearby sanitary sewer manhole and
associated pipes. The manhole has settled approximately two -feet, and has rotated towards the
waterline. City crews have determined that some of the lines are plugged and have installed a bypass of
the sewer line and affected a temporary repair to the waterline. KBA was asked to render assistance to
the City on February 4, 2011. This assistance will include general oversight, coordination of the efforts to
repair the system, and document the work. Payment to the Contractor for this work will be on Time
Materials basis.
Therefore, this Exhibit A -2 describes construction -phase services needed to accomplish these repairs.
I. DETAILED TASKS
A. Project Management
1. Provide overall project management, coordination with the Client, monthly progress reports,
and invoicing. This effort will include the following elements.
a. Day -to -day project management: liaison with Client on a regular basis to discus Project
issues and status.
b. Manage CM Team, comprised of 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 CM team scope activities. Prepare and submit to
Client, invoices and progress report describing CM services.
Deliverables
Monthly invoices and progress reports
B. Construction Services Administration
1. Liaison with the Client, construction contractor, appropriate agencies, property owners, and
utilities.
2. Progress meetings. Lead periodic progress meetings with the construction contractor,
including Client pre- briefing, and preparing meeting agenda and meeting notes, and
distributing copies to attendees. Track outstanding issues on a weekly basis.
3. Manage Submittal Process. Track and review, or cause to be reviewed by other
appropriate party, work plans, shop drawings, samples, test reports, and other data submitted
by the construction contractor, for general conformance to the Contract Documents.
4. Manage RFI (request for information) process. Track and review /evaluate, or cause to be
reviewed /evaluated by other appropriate party, RFIs. Manage responses to RFIs.
5. Change management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
S:\ Projects\ Contracts \Client \Tukwila \BP -11- 021- AndoverParkSewerRepair\Drafts& NegotiationRecords\ In- houseDrafts \ExhAB- ScopeBudget -211 11 docx 1 of 5
6. Monthly Pay Requests. Prepare monthly requests for payment and /or review payment
requests submitted by the construction contractor. Review with Client and construction
contractor, and recommend approval, as appropriate.
7. Assist the Client in the investigation of malfunctions or failures during construction.
8. Record drawings. Maintain a CM Team set of conformed drawings tracking plan changes,
location of discovered anomalies, and other items, as encountered by the CM team. Use
these markups to check the progress of the Contractor prepared Record Drawings.
9. Document Control. Collect, organize, and prepare documentation on the Project.
10. Project Closeout. Prepare Certificates of Substantial (including punch list), Physical, and
Final Completion. Prepare final pay estimate.
11. Final Records. Compile and convey final project records, transferring to the Client for
archiving at final acceptance of the Project. Records will consist of hard copy originals.
Deliverables
Meeting agendas and notes
Submittal log, if required
RFI log, if required
Change Order(s) if required
Progress pay requests
Certificates of Completion and punch list(s), if required
Final records hard copy
C. Construction Services Field
1. Observe the technical conduct of the construction, including providing day -to -day contact with
the construction contractor, Client, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents. The Consultant's personnel will act in accordance
with Sections 1 -05.1 and 1 -05.2 of the Standard Specifications.
2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes, and notify construction contractor of noncompliance.
Advise the Client of any non conforming work observed during site visits.
3. Prepare daily construction reports, recording the construction contractors' operations as
actually observed by the Consultant; includes quantities of work placed that day, contractor's
equipment and crews, and other pertinent information to compile Time Materials payment
documentation.
4. Interpret direction and information provided by Client, as needed.
5. 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 construction contractor.
6. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
7. Attend and actively participate in regular on -site meetings.
8. Take periodic digital photographs during the course of construction.
9. Punch list. Upon substantial completion of work, if required, coordinate with the Client and
affected agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate
final inspection with those agencies.
Deliverables
Daily Construction Reports with project photos submitted on a weekly basis
Punch List for Certificate of Substantial Completion, if required
S:\ Projects\ Contracts \Client \Tukwila \BP -11- 021- AndoverParkSewerAepair\ Drafts& NegotiationRecords\ In- houseDrafts \ExhAB ScopeBudget -211 11.docx 2 of 5
II. ASSUMPTIONS
A. Budget
1. Staffing levels are estimated up to the attached budget estimate only. When additional
services are needed to fulfill this scope of services and the Contractor's schedule, a
separate Supplement will be provided. Supplemental assistance may be needed
depending upon construction contractor's activities (number of crews and shifts).
2. The level of effort in accomplishing the scope items is limited to the pre- approved budget.
Consultant will not exceed the approved budget without prior approval by the Client.
Should further services be required, or should the construction activities run longer than
this time period, the Client and Consultant will negotiate a supplement to this Agreement.
3. Consultant to provide cell phone, and laptop computer.
B. Items and Services City will provide
1. Office space for meetings and working space as necessary. Field office, furniture, and
copy machines and supplies, other office equipment and all necessary utilities as needed.
The Southcenter Parkway project office and resources will be used for this project.
2. Coordination with and enforcement of utility franchise agreements and /or contracts and
schedules for services related to this Project.
3. All testing required.
C. Scope
1. Consultant will provide observation 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.
2. The Consultant's monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents; in
case of noncompliance, Consultant will reject non conforming work, and pursue the other
remedies in the interests of the Client, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction 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 the failure
of any other entity to perform its work in accordance with laws, contracts, regulations, or
Client's expectations.
3. 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.
4. Because of the prior use of the project site, there is a possibility of the presence of toxic or
hazardous materials. Consultant shall have no responsibility for the discovery, presence,
handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to
toxic or hazardous materials, in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. If
the Consultant suspects the presence of hazardous materials, they will notify the Client
immediately for resolution.
5. Review of Shop Drawings and other construction 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 construction contractor of
their full responsibility for Contract performance, nor is the review intended to ensure or
S: \Projects\ Contracts \Client \Tukwila \BP -11- 021- AndoverParkSewerRepaiADraris& NegotiationRecords \In- houseDratts \ExhAB ScopeBudget -211 11.docx 3 of 5
guarantee lack of inconsistencies, errors, and /or omissions between the submittals and the
Contract 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.
6. 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.
7. Development of construction schedules and /or sequencing, and /or reviewing and
commenting on contractors' schedules, is for the purpose of estimating number of days to
complete a project, and for identifying potential schedule and coordination challenges and
determining compliance with the construction contract. It is not a guarantee that a
construction contractor will complete the project in that sequence or timeline, as means and
methods are the responsibility of the construction contractor.
8. 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 design or Contract
Documents prepared by others.
9. Services provided by the Consultant under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances, in the same geographical area
and time period.
S: \Projects\ Contracts\ Client \Tukwila \BP -11- 021- AndoverParkSewerRepair\ Drafts& NegotiationRecords\ In- houseDrafts \ExhAB- ScopeBudget -2 11 11.docx 4 of 5
EXHIBIT B
Budget
Emergency Construction Management Services
for
APW /APE Sewer Repair for Feb 2011
HOURS ESTIMATE
2011
Employee Rate Total Feb Total
Name Title /Hr Hours 2011 2011
Mike Roberts Project Manager 72.50 8 8 8
Brad Wheeler Inspector 43.35 38 38 38
Daniel Clark Inspector 34.00 88 88 88
Paul Garrett Inspector 37.60 18 18 18
Deborah Ottum Contracts Administrator 37.50 2 2 2
Totals 1 154 fl 154 1 154
COST OF EXPENSES
2011 Total Feb Total
Nature of Indirect Expense Rate Indirect :.'1 2011 2011
Vehicles $5 /day for Inspector 4401 440 440
Other Reimbursables and Supplies 5 7 57 57
Totals 0 49741 497 1 497
COMBINED COST CURVE i
Employee 2011 Total Feb Total
Name Title Rate Cost; 2011 2011
Mike Roberts Project Manager 72.50 580; 580 580
Brad Wheeler Inspector 43.35 1,647 1,647 1,647
Daniel Clark Inspector 34.00 2,992 2,992 2,992
Paul Garrett Inspector 37.60 677:' 677 677
Deborah Ottum Contracts Administrator 37.50 75 75 75
Labor Costs 5,971 5,971 5,971
Labor Multiplier 2.68 16,003 16,003 16,003
Subconsultants
Direct Expenses 497 497 497
Total Estimated Costs 16,500 1 16,500 1 16,500 1
S:\ Projects\ Contracts \Client \Tukwila \BP -11- 021- AndoverParkSewerRepair\ Drafts& NegotiationRecords\ In- houseDrafts \ExhAB ScopeBud -2 11.docx 5 of 5