HomeMy WebLinkAbout14-010 - KPG Inc - 2014 East Marginal Way South Stormwater Outfalls DesignCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 14-010(1)
Council Approval 12/3/18
CONTRACT FOR SERVICES
Amendment #6
Between the City of Tukwila and KPG, Inc.
That portion of Contract No. 14-010 between the City of Tukwila and KPG, Inc. is amended
as follows:
Section 2: Scope of Services, shall be supplemented with the following:
The Consultant agrees to provide final design and construction services in accordance with the
scope of work included as Exhibit A.
Section 3: Duration of Agreement; Time for Performance, shall be modified as follows:
This Agreement shall be in full force and effect for a period commencing upon execution and
ending July 31, 2020, unless sooner terminated under the provisions hereinafter specified. Work
under this Agreement shall commence upon written notice by the City to the Consultant to
proceed. The Consultant shall perform all services and provide all work product required
pursuant to this Agreement no later than July 31, 2020 unless an extension of such time is granted
in writing by the City.
Section 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
$263,508.00 without express written modification of the Agreement signed by the City. The new
total contract shall not exceed $403,101.72 without express written modification of the Agreement
signed by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this (:3 day of OCA , 20 1
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
C4,
Printed Name/Title 0 -PA-V <P
ATTEST/AUTHENTICATED APPROVED AS TO FORM
CA: 2012
City Attorney
/'5}-G1,2 /Gi/V%�
Page 1 of 1
EXHIBIT A
City of Tukwila
East Marginal Way South
Stormwater Outfalls Project
Supplement No. 6
Final Design and Construction Services
Scope of Work
November 12, 2018
Drainage from East Marginal Way South historically discharged through outfalls owned and
operated by the Boeing Company, Jorgensen Forge, and two King County Airport storm
systems. The Jorgensen Forge outfall was abandoned in 2012 under orders from the
Department of Ecology (DOE) due to contaminants within the conveyance pipe and this East
Marginal Way South discharge has been temporarily diverted to the King County Airport
outfall.
Improvements are proposed to utilize the Boeing Z Line outfall in lieu of the King County
Airport. This project will improve water quality in the Duwamish River through the installation
of conveyance, stormwater treatment facilities, and permeable pavement, as well as lining a
leaky storm pipe along East Marginal Way. The project will provide water quality treatment
for toral suspended solids (TSS) and will reduce groundwater contamination.
Under previous contract authorization, KPG prepared topographic survey, a pre -design
report, limited environmental approvals, and preliminary design in the format required for the
2013-15 Municipal Stormwater Capacity Grant Program. DOE has provided comments to
this report and determined that the project remains eligible for final design and construction
grant funds; however, these funds were put on hold in 2015 due to a lack of available funds.
Funding was recently re -authorized by DOE to complete final design and construction.
This supplement is provided to complete environmental documentation, geotechnical
analysis, final design, bid period services, and construction management in accordance with
the attached scope of work and grant funding requirements.
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 6
Page 1 of 10 November 12, 2018
TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION
1.1 The Consultant will provide continuous project management for the project duration (8 months
for final design).
1.2 The Consultant shall prepare monthly progress reports identifying work in progress, upcoming
work elements, and reporting of any delays, problems, or additional information needs. The
monthly progress reports shall be submitted with invoices.
Task 1 Deliverables:
• Monthly progress reports during design period (8 months).
TASK 2 — PERMITTING
2.1 The Consultant shall prepare a draft and final SEPA checklist describing the project
improvements for submittal and coordination by the City.
2.2 The Consultant shall prepare and submit an Inadvertent Discovery Plan (IDP) in accordance
with DOE grant requirements. The IDP will be included as an appendix to the final project
specifications.
Task 2 Deliverables:
• Draft and Final SEPA checklist, 2 paper copies and 1 pdf.
• IDP uploaded to DOE EAGL site for approval.
Task 2 Assumptions:
■ No other permits will be required.
• Previous EO 05-05 approval from DAHP remains valid.
• Fees, signage, and public notice of SEPA will be by the City.
TASK 3 — GEOTECHNICAL EXPLORATION
3.1 Previous geotechnical analysis by GeoDesign under subcontract to the Consultant will be
utilized for final design. We have included a $5,000 budget for final design support and to
incorporate comments on the draft geotechnical report in order to prepare the final geotechnical
report.
TASK 4 — UTILITY AND AGENCY COORDINATION
4.1 Washington Department of Ecology: The Consultant shall prepare for and attend up to two (2)
coordination meetings and provide necessary phone and email communication with DOE and
the City for review and comment of the pre design and design submittal.
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 6
Page 2 of 10 November 12, 2018
4.2 Boeing: The Consultant shall prepare for and attend up to two (2) coordination meetings with
the City and Boeing to coordinate access and design information for work on Boeing property.
4.3 Private Utilities (gas, water, sewer, power, telephone, cable): The Consultant shall distribute
design submittals to utility owners and identify and conflicts and potholing needs. Utility provided
potholes shall be surveyed by the Consultant and incorporated into base maps.
Task 4 Deliverables:
■ Plan distribution to private utilities.
Task 4 Assumptions:
■ Potholing of existing private utilities, if required, will be performed by the utility owner and is not
included in this scope of work.
• No permits will be required by BNSF for work in the City right of way.
• Obtaining easements from Boeing is not included in this scope of work.
TASK 5 — FINAL DESIGN
The Consultant shall prepare Final Plans, Specifications and Estimates for review and approval by the
City based on City and DOE comments received at the preliminary design submittal and DOE grant
requirements. Plans shall be formatted to provide sufficient detail for convenient field layout of all
proposed facilities. City standard details and WSDOT standard plans will be supplemented with project
specific details as required.
5.1 The Consultant shall review and update previous design report and preliminary design based
on comments received in 2015 from the City and DOE. Design Report and 90 percent plans,
specifications, and estimate will be uploaded to the DOE EAGL site as required by the grant.
5.2 Respond to up to two (2) rounds of DOE comments in order to obtain DOE acceptance of the
Design Report and 90% Plans.
5.3 The Consultant shall prepare draft Bid Plans for submittal to the City and upload to the DOE
EAGL site as required by the grant. Mechanical and electrical support for stormwater pump
station design will be provided by the City's proprietary pump system supplier, Calvert Technical
Services, Inc. A $5,000 allowance is provided for design review and input from Calvert Technical
Services, Inc.
5.4 The Consultant will calculate quantities and prepare construction cost opinions in support of the
90% and Final Bid Plans and upload to DOE EAGL site as required by the grant.
5.5 The Consultant will prepare 90% and Final Bid Specifications for review and approval by the
City and DOE. Specifications will be based on 2018 WSDOT Standard Specifications, using
contract boilerplate and general special provisions provided by the City.
5.6 Prepare a preliminary Construction Schedule in accordance with DOE grant requirements and
upload to EAGL site. The Construction Schedule will be used for determining contract working
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 6 Page 3 of 10 November 12, 2018
days; however, the actual schedule and sequencing will be determined by the Contractor in
accordance with Contract requirements.
5.7 Upload final Bid Documents to BXWA.com in .pdf format for bidding. The Consultant shall
respond to bidder inquiries, prepare necessary addenda, attend bid opening, and prepare
recommendation for award letter for City consideration.
Task 5 Deliverables:
90% and Bid Submittals
■ One (1) %-size unbound, seven (7) %-size bound of the Construction plans. Upload to DOE
EAGL site.
• One (1) hard copy, and two (2) electronic version (PDF and Excel) of the Engineer's Estimate of
Probable Cost. Upload to DOE EAGL site.
■ One (1) electronic version of the Special Provisions and seven (7) hard copies. Upload to DOE
EAGL site.
• One (1) hard copy and .pdf with a summary of responses to the previous submittal. Upload to
DOE EAGL site.
■ One (1) hard copy and .pdf of preliminary construction schedule. Upload to DOE EAGL site.
• Addenda, Bid Tabulation, and Recommendation to either award or reject low bidder, .pdf.
Task 5 Assumptions:
• Topographic survey prepared under previous authorization will be used for final design.
• Scope of improvements for final design will be in general accordance with 2015 design report and
preliminary design.
TASK 6 — CONSTRUCTION PHASE SERVICES
This work will provide construction management services for the construction contract. These services
will include design support, project management, documentation control, inspection, materials testing,
and contract administration during the construction of the project, as detailed below. The objective
and purpose of this task is for the Consultant to successfully deliver the construction of the Project to
the City by ensuring that the improvements are constructed in accordance with the approved Plans
and Specifications, as may be amended or revised, that all of the required Project documentation is
accounted for. The following general assumptions were used for developing this budget estimate:
General Assumptions:
• The proposed project team will include one part-time documentation control specialist, a
part-time resident engineer during construction activities, a full-time inspector, sub -consultants
to provide services for materials testing, and other supporting tasks as deemed necessary.
It is anticipated that full- time site observation will be required for the entirety of the project.
• The level of service is based on a construction project duration of approximately 40 working
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls —Supp 6
Page 4 of 10 November 12, 2018
days.
• KPG estimates a total project construction duration of 60 working days (12 weeks) including
preconstruction service, construction services, and project closeout. No suspensions or
stop work periods are anticipated during this duration; however, a procurement suspension
may be considered prior to beginning construction if requested by the Contractor.
• It is anticipated that the KPG will develop the Record of Materials (ROM). This scope of
services provides the management of the ROM and scheduling of required materials testing
respectively.
• It is anticipated that the City will review and execute the insurance, bonds, and the
Construction Contract.
• The design engineers from KPG will be available during construction to answer questions
during construction and review RAM's, shop drawings, and answer RFI's that require a level
of engineering expertise outside of the capabilities of the field personnel.
• Services will be performed in accordance with the Contract plans & special provisions, and
City engineering standards.
6.1 Provide overall project management, coordination with the City, monthly progress reports,
and invoicing during the construction phase. This effort will include the following elements.
• Organize and layout work for project staff. Prepare project instructions on contract
administration procedures to be used during construction.
• Review monthly expenditures and CM team scope activities. Prepare and submit project
progress letters to the City along with invoices describing CM services provided each
month. Prepare and submit reporting required by funding source(s).
6.2 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of,
and conduct a preconstruction conference in the City's offices. The Consultant's project
manager, resident engineer, inspector, and document control specialist will attend the
preconstruction conference. The Consultant will prepare a written record of the meeting and
distribute copies of the minutes to all attendees and affected agencies, staff, etc.
At the Pre -construction conference, the Consultant shall facilitate discussions with the
Contractor concerning the plans, specifications, schedules, issues with utilities, unusual
conditions, Federal, State, and local requirements and any other items that will result in better
project understanding among the parties involved.
6.3 Field Construction Services shall include:
A. On-site Observation: The Consultant shall provide the services of one full time inspector
during construction activities and other tasks necessary to monitor the progress of the work.
Construction staff shall oversee the following items of work, on the project site, and will observe
the technical progress of the construction, including providing day-to-day contact with the
Contractor and the City:
Field inspection staff will perform the following duties as a matter of their daily activities:
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 6 Page 5 of 10 November 12, 2018
1. Observe technical conduct of the construction, including providing day-to-day contact
with construction contractor, City, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents. The Consultant's personnel will act in
accordance with Sections 1-05.1 and 1-05.2 of the Standard Specifications.
ii. Observe material, workmanship, and construction areas for compliance with the
Contract Documents and applicable codes, and notify construction contractor of
noncompliance. Advise the City of any non -conforming work observed during site visits.
Document all material delivered to the job site in accordance with the contract
documents.
iv. Prepare daily inspection reports, recording the construction contractor's operations as
actually observed by the Consultant; includes quantities of work placed that day,
contractor's equipment and crews, and other pertinent information.
v. Interpret Contract Documents in coordination with the City and KPG.
vi. Resolve questions which may arise as to the quality and acceptability of material
furnished, work performed, and rate of progress of work performed by the construction
contractor.
vii. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
viii. Coordinate with permit holders on the Project to monitor compliance with approved
permits, if applicable.
ix. Prepare field records and documents to help assure the Project is administered in
accordance with the funding requirements.
x. Collect and calculate delivery tickets and salesman's daily reports of aggregate. All
tickets will be initialed with correct bid item and stationing identified (Construction
Manual 10-2).
xi. Attend and actively participate in regular on-site weekly construction meetings.
xii. Take periodic digital photographs during the course of construction, and record
locations.
xiii. Coordinate with the City's maintenance personnel.
xiv. Punch list. Upon substantial completion of work, coordinate with the Client and affected
agencies, to prepare a `punch list' of items to be completed or corrected. Coordinate
final inspection with those agencies.
B. Substantial Completion: Upon substantial completion of work, coordinate with the City and
other affected agencies, to perform a project inspection and develop a comprehensive list of
deficiencies or `punchlist' of items to be completed. A punchlist and Certificate of Substantial
Completion will be prepared by the Consultant and issued by the City.
C. Materials Testing: Coordinate the work of the materials testing technicians and testing
laboratories in the observation and testing of materials used in the construction; document and
evaluate results of testing; and address deficiencies. Frequency of testing shall be determined
by the resident engineer.
City of Tukwila
EMW Stormwater Outfalls — Supp 6
KPG, Inc.
Page 6 of 10 November 12, 2018
Assumptions:
• Consultant will provide observation services for the days/hours that the contractor's
personnel are on-site.
• Consultant will provide qualified personnel for inspection of all bid item work.
• The Consultant's monitoring of the construction contractors activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non -conforming work, and pursue the
other remedies in the interests of the City, 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 City's expectations.
Deliverables:
• Daily Construction Reports with project photos — submitted on a weekly basis
• Punch List, Certificate of Substantial Completion
• Review test reports for compliance
6.3 Office Construction Services shall include:
A. Document Control. Original documentation will be housed at the Consultant's office,
and filed in accordance with standard filing protocol. A copy of working files will be
maintained in the field office.
Document Control consists of:
• Final Estimate (Approving Authority File)
• Comparison of Preliminary and Final Quantities (Approving Authority File)
• Final Records (Approving Authority File)
• Record of Material Samples and Tests
• Affidavit of Wages Paid
• Release for the Protection of Property Owners and General Contractor
B. Project Coordination: Liaison with City, construction contractor, engineer, utilities and
property owners on a regular basis to discuss project issues and status.
C. Plan Interpretations: Provide technical interpretations of the drawings, specifications,
and contract documents, and evaluate requested deviations from the approved design
or specifications. Coordinate with City for resolution of issues involving scope, schedule,
and/or budget changes.
D. Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting
minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a
weekly basis.
E. Initial Schedule Review: Perform detailed schedule review of contractor provided CPM
for conformance with the contract documents.
F. Lump Sum Breakdown: Evaluate construction contractors' Schedule of Values for lump
sum items. Review the Contract Price allocations and verify that such allocations are
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 6
Page 7 of 10 November 12, 2018
made in accordance with the requirements of the Contract Documents. Lump Sum
Breakdowns for payment each month will be calculated with detailed data.
G. Monthly Pay Requests: Prepare monthly requests for payment, review with the City,
contractor and approve as permitted. Utilize City provided format for pay estimates, or
Consultant format.
H. Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule
and compare with field -observed progress, as described in Section 1-08 of the Special
Provisions. In addition, perform schedule analysis on contractor provided CPM updates
and review schedule for delays and impacts. Coordinate with Contractor in the development
of recovery schedules, as needed, to address delays caused by either events or issues
within the Contractor's control or other events or issues beyond the Contractor's control.
Certified Payroll: Process and track all certified payroll per State Prevailing Wage
Requirements. This includes verifying the initial payroll for compliance and 10% of all
payrolls submitted thereafter. Tracking payroll each week.
J. Weekly Statement of Working Days: Prepare and issue weekly statement of working
day report each week.
K. Subcontractor Documentation: Process / Approve all required subcontractor
documentation. Request to Sublets will be verified and logged. This includes checking
System Award Management System (SAMS), verifying business licensing, reviewing
insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage
and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG's
subcontractor logs.
L. Record Drawings: Review record drawings prepared by the Contractor, and prepare a
conformed set of project record drawings based on Contractor provided information and from
inspection notes. Record drawings to be verified on a monthly basis, as part of the progress
payment to the Contractor. Upon project completion, contractor provided markups will be
verified for completeness and supplemented with inspection information. The Consultant
will provide the marked up plan sheets with both the contractors and inspectors as -built
information as well as CAD updates incorporating these markups.
M. Physical Completion Letter: Following completion of all punchlist work, prepare
physical completion letter to the contractor, and recommend that City and/or Utilities
accept the project.
N. Project Closeout: Transfer all project documents to the City for permanent storage.
• Schedule review comments
• As -built schedule
• Meeting agendas and notes
• Monthly Pay Estimates
• Subcontractor Packets
• Cost Projection
• Physical Completion Letter
• Final Project Documents
6.4 Submittal and RFI processing
A. Submittals: Coordinate review process for shop drawings, samples, traffic control plans,
test reports, and other submittals from the Contractor for compliance with the contract
documents. Key submittals to be transmitted to the City for their review and approval.
Submittals shall be logged and tracked.
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls —Supp 6 Page 8 of 10 November 12, 2018
B. Request for Information (RFI): Review and respond to RFI's. RFI's shall be logged and
tracked.
C. Record of Materials (ROM): Utilize ROM prepared by KPG_and update based on Special
Provisions and Plans for use on the project, based on the contract specifications. The ROM will
be maintained by the Resident Engineer. The ROM will track all of the materials delivered to
the site including manufacturer/supplier, approved RAM's, QPL items, material compliance
documentation, and all other required documentation.
Deliverables
• Submittal log
• RFI Log
• Completed Record of Material for Material Certification
6.5 Change Management
A. Case Log: Develop and maintain a case log which includes change orders, RFP's,
Field Work Directives
B. Change Orders: Develop change orders and provide technical assistance to negotiate change
orders, and assist in resolution of disputes which may occur during the course of the project.
Each change order will be executed in accordance with WSDOT Standard Specifications and
contain the following:
• Change order
• Independent Cost Estimate
• Time Impact Analysis
• Contractor's Pricing
• Verbal Approval Memo
• Back up documentation
C. Field Work Directives: Prepare field work directives as necessary to keep the contractor
on schedule.
D. Minor Change Orders: Develop minor change orders per WSDOT Standard Specifications.
Each minor change order will be executed and contain the following:
• Independent Cost Estimate
• Verbal Approval Memo
• Back up documentation
E. Force Account: Track contractor force account labor, equipment and materials. All force
account calculations will be verified by the engineer and double checked by the documentation
specialist.
Deliverables
• Change Order(s)
• Case Management Log
• RFI Log
• Minor Change Order(s)
• Force Account Records
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 6
Page 9 of 10 November 12, 2018
Additional Services
The City may require additional services of the Consultant in order to advance the project corridor through
final design, bidding and/or construction. This work may include items identified in the current task
authorizations as well other items, which may include, but are not necessarily limited to the following:
• Right of way and easement research and/or acquisition
• Additional design or construction assistance
These services will be authorized under a future contract supplement if necessary. At the time these
services are required, the Consultant shall provide a detailed scope of work and an estimate of costs.
The Consultant shall not proceed with the work until the City has authorized the work and issued a
notice to proceed.
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 6
Page 10 of 10 November 12, 2018
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: _ 14-010(e)
Contract Approval NIA
CONTRACT FOR SERVICES
Amendment #5
Between the City of Tukwila and KPG, Inc.
That portion of Contract No. 14-010 between the City of Tukwila and KPG, Inc. is amended
as follows:
Section 3:
Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2018, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Consultant to proceed. The
Consultant shall perform all services and provide all work product required pursuant to this
Agreement no later than December 31, 2018 unless an extension of such time is granted
in writing by the City.
All other provisions of the contract" shall remain in full force and effect.
Dated this 0201" day of !e-Gcmh-c.,--- , 20 1.7
CITY OF TUKWILA , CONTRACTOR
DeAn n i Sh.e --1-5 car\
r ` b= ra Te -r (20 r�
CA: 2012
Printed Name/Title: t-S6‘..
/Saf22/�//,
Page 1 of 1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number;
14—Q1p
Council (d) Approval N/A
CONTRACT FOR SERVICES
Amendment #4
Between the City of Tukwila and KPG, Inc.
That portion of Contract No. 14-010 between the City of Tukwila and KPG, Inc. is amended
as follows:
Section 3:
Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2017, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Consultant to proceed. The
Consultant shall perform all services and provide all work product required pursuant to this
Agreement no later than December 31, 2017 unless an extension of such time is granted
in writing by the City.
All other provisions/rof the contract shall remain in full force and effect.
Dated this t1 `111A day of �ez-en , 20 az,
C srTUK I ILA
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED
CONTRACTOR
Printed Name/Title: 4E -`>\J DA ` \ , a4
APPROVED AS TO FORM
City Clerk v City Attorney
CA: 2012
Page 1 of 1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 14-010 (C)
CONTRACT FOR SERVICES
Amendment #3
Between the City of Tukwila and KPG, Inc.
That portion of Contract No. 14-010 between the City of Tukwila and KPG, Inc. is amended
as follows:
Section 3:
Duration of Agreement; Time for Performance, shall be modified as follows:
The Consultant shall perform all services and provide all work product required pursuant to
this Agreement no later than December 31, 2016 unless an extension of such time is
granted in writing by the City.
All other provisions of the contract shall remain in full force and effect.
raf
Dated this o day ofGe--'hl3i , 20 i5
CITY OF TUKWILA CONTRACTOR
CA: 2012
Printed Name/Title: 40
Page 1 of 1
SUPPLEMENTAL AGREEMENT NO. 2
AGREEMENT No. 14-010 C b�
PROJECT No. 91041204
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
PROJECT: E. Marginal Way S Stormwater Outfalls Project — Prepare 90% Design
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 4th day of February, 2014.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be supplemented with the following:
No change to scope of services associated with this time extension.
Article 3, Duration of Agreement, Time for Performance, shall be modified as follows:
The Consultant shall perforinall services and provide all work product required pursuant to this
Agreement no later than December 31, 2015 unless an extension of such time is granted in writing by the
City.
Article 4, Payment, shall be modified as follows:
No additional payment associated with this time extension. The current authorized total contract shall not
exceed $139,593.72 without express written modification of the Agreement signed by the City.
IN W1TNE S WHEREOF, the parties hereto have set their hands and seals this /J day
of p.t t L , 2015.
APPROVED:
CITY OF TUKWILA
Attested:
Christy O'Flaherty, City lerk
APPROVED:
KPG, INC.
Nelson Davis, P.E.
Principal
;} d2 04 /G/Ari4
SUPPLEMENTAL AGREEMENT NO. 1
AGREEMENT NO. 14-010
PROJECT NO. 91041204
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
14-010(a)
Council Approval 8/4/14
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
PROJECT: E. Marginal Way S Stormwater Outfalls Project — Prepare 90% Design
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 4`'' day of February, 2014.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be supplemented with the following:
The Consultant agrees to provide additional survey, geotechnical, environmental, and final design
services in accordance with the scope of work included as Exhibit A.
Article 3, Duration of Agreement, Time for Performance, shall be modified as follows:
The Consultant shall perform all services and provide all work product required pursuant to this
Agreement no later than April 1, 2015 unless an extension of such time is granted in writing by the City.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto,
provided that the total amount of payment to the Consultant for this work not exceed $117,889.40 without
express written modification of the Agreement signed by the City. The new total contract shall not exceed
$139, 593.72 without express written modification of the Agreement signed by the City.
IN WI ESS WHEREOF, the parties hereto have set their hands and seals this -1/4 day
of 45 , 2014.
APPROVED: APPROVED:
CITY OF TUKWILA
Attested:
Christy O'Flaherty, City Clerk
KPG, INC.
Nelson Davis, P.E.
Principal
EXHIBIT A
City of Tukwila
East Marginal Way South
Stormwater Outfalls Project
Supplement No. 1
Prepare 90% Design
Scope of Work
July 15, 2014
Drainage from East Marginal Way South historically discharged through outfalls owned
and operated by the Boeing Company, Jorgensen Forge, and two King County Airport
storm systems. The Jorgensen Forge outfall was abandoned in 2012 under orders
from the Department of Ecology (DOE) due to contaminants within the conveyance
pipe and this East Marginal Way South discharge has been temporarily diverted to the
King County Airport outfall.
Grant funds may be available from DOE through the 2013-15 Municipal Stormwater
Capacity Grant Program for permanent outfall modifications. In order to be eligible for
this grant program, the project must incorporate Low Impact Development (LID) water
quality measures to the extent feasible within the outfall basin. An analysis for a
permanent conveyance solution was completed by GHD Consultants in September
2011. This analysis provided conveyance options for the abandoned Jorgensen
Outfall, but did not consider water quality retrofit as required by the current DOE grant
program. The grant program requires all participants to submit a pre -design report to
determine grant eligibility.
Under the original contract authorization, KPG prepared a pre -design report in the
format required for the 2013-15 Municipal Stormwater Capacity Grant Program based
on previous conveyance analysis and findings of water quality analysis. Maps and
layouts for the pre -design report will be based on aerial mapping, GIS data, and
available as -built data.
DOE has provided comments to this report and determined that the project remains
eligible for design grant funds. This supplement is provided to complete survey,
environmental documentation, geotechnical analysis, and 90% design in accordance
with the attached scope of work and grant funding requirements.
City of Tukwila
EMW Stormwater Outfalls — Supp 1
r.¢1
Page 2 of;
KPG, Inc.
July 15, 2014
TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION
1.1 The Consultant will provide continuous project management for the project duration (8
months).
1.2 The Consultant shall prepare monthly progress reports identifying work in progress,
upcoming work elements, and reporting of any delays, problems, or additional
information needs. The monthly progress reports shall be submitted with invoices.
Task 1 Deliverables:
■ Monthly progress reports (8 months).
TASK 2 — SURVEY AND BASE MAPPING
2.1 The Consultant shall perform field surveys and prepare base maps within the project
limits and prepare 1" = 20' detailed topographic base maps of each street corridor.
2.2 The Consultant shall field verify the base map for accuracy.
2.3 The Consultant shall coordinate field utility locates for underground utilities, by
subcontracting with a reputable locate firm to paint horizontal utility locations prior to
topographic survey updates for inclusion on the project base maps.
2.4 Research available public records and perform field ties to show existing right of way
on the project base maps.
Task 2 Deliverables:
• Electronic Base Map showing utility locations, surface features, contours, and existing
right-of-way.
Task 2 Assumptions:
• Basemap will be prepared in AutoCAD Civil 3D 2013 using KPG drafting standards
• Right-of-way Plans, legal descriptions, or acquisition will not be required.
■ Potholing, if required, will be provided by private utility owners.
TASK 3 — GEOTECHNICAL EXPLORATION
3.1 GEOTECHNICAL SERVICES: Geotechnical services will support design and
construction of the new storm drain and will be performed by GeoDesign under
subcontract to the Consultant. The purpose of these services will be to explore
subsurface conditions at the proposed locations of the improvements and provide
integrated geotechnical and environmental services to support design of the planned
City of Tukwila
EMW Stormwater Outfalls —Supp 1
Page 3 of 7
KPG, Inc.
July 15, 2014
improvements. The specific scope of services will include:
• Review of the pre -design plans and existing geotechnical and environmental
information.
• Attend a kick-off meeting with the project team.
• Plan and perform a subsurface investigation that includes:
• Complete a traffic control plan for the proposed work and obtain
appropriate right -of- way (ROW) permits.
• Identify and mark boring locations based on proposed improvements and
existing utility information. During Phase I of the project for the pavement
rehabilitation along East Marginal Way we encountered numerous utility
conflicts that created challenges with completing borings along the roadway.
Separate site visits will be necessary to locate the borings and complete the
utility locate services and then review locates to verify the proposed locations
are clear of utilities.
Complete up to 6 subsurface borings to the base of the proposed pavement
section or bioretention cell and complete in situ infiltration tests. Borings will
be completed to a depth of 15 feet BGS or groundwater, whichever is less, to
explore conditions below the base of each facility. Soil samples will be
collected at 2.5 -foot intervals to the bottom of each boring. Samples will be
screened for potential volatile organic compounds with a photoionization
detector. Environmental samples will be collected of material suspect of
contamination.
• Complete in situ falling head tests in each boring to obtain an estimate of the
short-term infiltration rate.
• Maintain a detailed log of the explorations, and obtain samples of soil
encountered.
• Perform geotechnical laboratory testing that includes 3 grain -size determinations
and 3 grain -size determinations with hydrometer tests, up to 7 moisture content
determinations, and 6 cation exchange capacity and organic content tests for
evaluation of soil water quality treatment capacity.
• Perform analytical testing to screen samples suspect of being impacted by
contaminants. Required tests will vary depending on the type of contamination
suspected. We have provided an analytical testing allowance for the tests.
• Provide a draft report that summarizes the results of our investigation and our
conclusions and recommendations regarding the following:
• Subsurface conditions
• Results of environmental screening and analytical testing
• Results of in situ infiltration tests and geotechnical laboratory tests
• Estimated long-term infiltration rates based on our experience, results of in
situ testing, and laboratory testing
• Impacts associated with stormwater infiltration
• Subgrade preparation and fill materials for construction.
• Attend a post draft report meeting to discuss findings and conclusions.
• Prepare a final report that incorporates design team comments on the draft report.
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 1 Page 4 of 3 July 15, 2014
Task 3 Deliverables:
• Right -of -Way Permit Application, including Traffic Control Plan
• Draft Report (electronic PDF copy)
• Final Report (three paper copies and a PDF electronic copy)
TASK 4 — UTILITY AND AGENCY COORDINATION
4.1 Washington Department of Ecology: The Consultant shall prepare for and attend up to two (2)
coordination meetings and provide necessary phone and email communication with DOE and
the City for review and comment of the pre design and design submittal.
4.2 Boeing: The Consultant shall prepare for and attend up to two (2) coordination meetings with
the City and Boeing to coordinate access and design information for work on Boeing property.
4.3 Private Utilities (gas, water, sewer, power, telephone, cable): The Consultant shall distribute
design submittals to utility owners and identify and conflicts and potholing needs. Utility
provided potholes shall be surveyed by the Consultant and incorporated into base maps.
4.4 BNSF: The Consultant shall attend up to two (2) meetings with the City and BNSF to
coordinate construction access for pipe installation.
Task 4 Deliverables:
■ Plan distribution to private utilities.
Task 4 Assumptions:
• Potholing of existing private utilities, if required, will be performed by the utility owner and is not
included in this scope of work.
■ No permits will be required by BNSF for work in the City right of way.
■ Obtaining easements from Boeing is not included in this scope of work.
TASK 5 — PERMITTING
5.1 The Consultant shall prepare a draft and final SEPA checklist describing the project
improvements for submittal and coordination by the City.
5.2 EO 05-05 requires all state agencies with capital improvement projects consult with the
Department of Archaeology and Historic Preservation (DAHP) and concerned tribes. Its
purpose is to ensure state agencies take lead in protecting and preserving the rich history of
Washington State. Consultations under 05-05 will involve completing the following tasks.
• Identification of the project's area of potential impacts (API). The API shall be mapped and
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 1 Page 5 of July 15, 2014
include all areas proposed for ground disturbance, including staging areas.
• Preparation of the EZ1 form
• Submit the EZ1 form to DAHP.
Task 5 Deliverables:
■ Draft and Final SEPA checklist, 2 paper copies and 1 pdf.
• Executive Order 05-05 documentation noted above.
Task 5 Assumptions:
• No other permits will be required.
• Fees, signage, and public notice of SEPA will be by the City.
TASK 6 — FINAL DESIGN
The Consultant shall prepare Final Plans, Specifications and Estimates for review and approval by the
City based on City and DOE comments received at the 30% design submittal. Plans shall be
formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard
details and WSDOT standard plans will be supplemented with project specific details as required.
6.1 The Consultant shall prepare 60% complete drawings of the project. The 60% submittal will
include responses to all comments received from the 30% review by the City and DOE and
include re -submittal to DOE for review.
6.2 The Consultant shall prepare 90% complete drawings of the project. The 90% submittal will
include responses to all comments received from the 60% review.
6.3 The Consultant will calculate quantities and prepare construction cost opinions in support of
the 60% and 90% Plans.
6.4 The Consultant will prepare 90% specifications for review and approval by the City.
Specifications will be based on 2012 WSDOT Standard Specifications, using contract
boilerplate and general special provisions provided by the City.
Task 6 Deliverables:
60% and 90% Submittals
• One (1) %-size unbound, seven (7) %-size bound of the Construction plans.
• One (1) hard copy, and two (2) electronic version (PDF and Excel) of the Engineer's Estimate of
Probable Cost..
• One (1) electronic version of the Special Provisions and seven (7) hard copies.
• One (1) hard copy with a summary of responses to the previous submittal.
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 1 Page 6 of 1- July 15, 2014
Task 6 Assumptions:
• Grant funding is only for 90% Design. Bid documents, if required will be prepared under a future
supplement and include current specifications at time of bid.
Additional Services
The City may require additional services of the Consultant in order to advance the project corridor
through final design, bidding and/or construction. This work may include items identified in the current
task authorizations as well other items, which may include, but are not necessarily limited to the following:
• Right of way and easement research and/or acquisition
• Providing bid documents and bid period assistance
• Providing construction phase support
• Preparation of Record Drawings
These services will be authorized under a future contract supplement if necessary. At the time these
services are required, the Consultant shall provide a detailed scope of work and an estimate of costs.
The Consultant shall not proceed with the work until the City has authorized the work and issued a
notice to proceed.
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls — Supp 1 Page 7 of July 15, 2014
m
1-
ca
S
W
HOUR AND FEE ESTIMATE
•
irk am
8.=
74v
UEC
'4 <
kap
'to
m
.a.
0
a1
a`
c
m
N
a,
0
0
m
6.
R
Q.
a
O
z
C
al
0
a
Q.
0
Labor Hour Estimate
G) c 7
0 'c O
0 <
0)
O c
'EE O
0 0
(0a
69
0 30
2 20 r)
in 0
u4
c
O
a
0)
d
0
y
as
1-
rma
(rsi
00 4
N N 4)
CO
O
CO
O
0
CO
O
0
O
O
O
0
O
O
O
O
0
O
O
CO
O
O
0
O
CO
CO
CO
0
O
a
E
•O y
a r
c .c 0
0
o C o tp
•+ O O
c E y 1-
'y 00 2 Y
O)
o C O 1-
o E o 0_
c rna
o c
O
o E
O) 2 N
as
c N N
2 17 2
a..0_
0.
a
CC r r
1-
0.v co o0
000000)
(O 4) O 0) O a
O NCO Cr 0 0)
4) 00 4) CO O 4)
N M O1
09 CO' 44
to
O
O
O
O
O
N
O
O
O
N
O
4)
O
O
O
O
co
O
O
O
O
O
0
v
O
O
0
O
O
O
O
co
O
O
V
CO
O
O
O
O
O
N
O
0
N
co
y
1-
a
E
(0
0
C
0 To
Of "O O
Y
0 y
D > _
o as 0
Erz
(
N 1)
0) O n 3 N
0
.c wY « l6
Q.c 0 N
0) > T
_a _
o - «
O O) - 0 O)
1 -11 -DEW
N M V
N N N N
co O co
O O
o
O -
N 0)
V
N
N
O
O
O
O
a
O
O
O
O
N
N
c
0)
a)
O)
0
0
0
0
as
0
c o H
O Y
c y0
=p N '-
X W o C9
0) O d
m
= U co
s 'c .-
to 0 y 9-
0 E
O O)
Ca
Y �
v,
CO N N 0 0
M)0 CO M O O .4
0 V (') 0 0 O
(') C.) N N 0 0) CD
N M CO Cr N N Is.
4) N
V) Eft CO CO- CO CO
fn
V
CO
0
O
O
O
O
0
O
O
O
O
O
O
O
O
O
0
O
N
O
O
O
0
CO
(O
CO
CO
co
M
O
CO
CO
CO
N
CO
0
O
15
O
O
C)
0
0)
a)
01
0
ai
IA
CG1-
(0
c 0
O
:La:
C 0
v m 0 0 c cUO
m m
v oo
O O) Ul (�
0 L o 3 3
Wy c(0 E E
0mm
lr.c0tre 0
7 N ( ) V
N 0 CO
4) O
N 0) 10
N N I()
co- ea co 44
N
'e
N
N
O
N
O
O
O
O
O
O
O
CO
O
O
O
O
N
O
N
O
O
O
O V
0
O
4)
O
0
'2
c O
Va 0
E J
0
13 X
•W
0 10
0
1-
5)
0
c
0
0
0
m
0)
E
N 0
0 0
.c -- m
0 c r
a 150
0 O
> F
c
0 W
c0
y 0
C
(0al
N 7
a
ao) E
a`�
N
4)
001.v00(4)
I� CO d N O O M
I' N O O W
0) CO 0) 0') O O LL)
I0 42 (7 (' 4) 01
(O (h Q '- 0)
u9 to (A (A (A (A (A
O
0
a
N
O
O
O
O
O
0
O
O
O
O
O
0
O
O
O
(O
CO
CO
0
O
O
O
O
O
CO
co
O
O
O
1•
O
4)
O
CV
CO
O
CO
CO
N
N
N
0
0
0
0
0
0))
0) U
Q w
(nCL
.c O
EEv°a)1612
0 _a c (0 0) 0 y
> > 0) ,.9 CO 2 R
(1) CO y . O) 0.
0
c c CO CO «? o 2
C n CL c CO '
12
'y
o e 7 o C C
O 0 Cr 0 (p (0
C co O) O 0 w
d d C 0 :r;
0 0. 0. o . E E
ii 2 2 To 2'm
ac)aaa
CO
YEN(?
cpp (0 CO CO (0
Project Total: $
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 14-010
Council Approval N/A
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and KPG, Inc., hereinafter referred to as "the Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform engineering services
in connection with the project titled 'East Marginal Way South Stormwater Outfalls Project'.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2014, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than December 31, 2014 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 $21,704.32 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
/ 5A/./ a/6i/v�s
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised : 1-2013
Page 2
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit Professional Liability insurance shall be
appropriate to the Consultant' s profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VlI.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately teiminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
CA revised : 1-2013
Page 3
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid --or -agreed--to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1-2013
Page 4
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG
753 9r'' Avenue North
Seattle, WA 98109
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this 14 day of
/f+4Ov� ,2014.
CITY OF TUKWILA CONSULTANT
Attest/Authenticated:
City Clerk, C isty O'Flaherty
CA revised : 1-2013
By:
-A 0, -
Printed Name:Nelson Davis, KPG
Title: Principal
Approved as to Form:
-7971
Office of the el); At orney
Page 5
EXHIBIT A
City of Tukwila
East Marginal Way South
Stormwater Outfalls Project
Scope of Work
January 9, 2014
Drainage from East Marginal Way South historically discharged through outfalls owned and
operated by the Boeing Company, Jorgensen Forge, and two King County Airport storm
systems. The Jorgensen Forge outfall was abandoned in 2012 under orders from the
Department of Ecology (DOE) due to contaminants within the conveyance pipe and this East
Marginal Way South discharge has been temporarily diverted to the King County Airport
outfall.
Grant funds may be available from DOE through the 2013-15 Municipal Stormwater Capacity
Grant Program for permanent outfall modifications. In order to be eligible for this grant
program, the project must incorporate Low Impact Development (LID) water quality measures
to the extent feasible within the outfall basin. An analysis for a permanent conveyance
solution was completed by GHD Consultants in September 2011. This analysis provided
conveyance options for the abandoned Jorgensen Outfall, but did not consider water quality
retrofit as required by the current DOE grant program. The grant program requires all
participants to submit a pre -design report to determine grant eligibility.
This purpose of this project is to:
• Repackage applicable portions of the GHD report to meet pre -design report
requirements of the DOE grant program.
• Perform a conceptual level analysis of LID water quality measures that could be
applied to the three outfall basins.
• Prepare a pre -design report in the format required for the 2013-15 Municipal
Stormwater Capacity Grant Program based on previous conveyance analysis and
findings of water quality analysis. Maps and layouts for the pre -design report will be
based on aerial mapping, GIS data, and available as -built data.
The project budget also includes up to two (2) meetings with the City and/or DOE to
coordinate necessary grant requirements and provide any clarifications. If the project is
determined to be eligible for DOE grant funds, the Consultant shall prepare a scope and
budget for any necessary survey, environmental documentation, geotechnical analysis, and
design based on the selected alternative.
City of Tukwila KPG, Inc.
EMW Stormwater Outfalls Project Page 1 of 1 January 9, 2014
HOUR AND FEE ESTIMATE
0.2.
y,
111
gi4 «Q=
p
W
•.
City of Tukwila
V
TS C
O' a`
u) w
m R
W O
c
43
0S
07
W U)
0)
0)
LL
ra
1-
Labor Hour Estimate
O N
C m
0)
O 0-
U
coc a
U)
O .9 0
¢ co
U O
H 69
0)
c 0) d'
�
�o
o
.
0) 0
O c
wta•
�co
0 0) co
O 0)
C M
00) 0)r
CA c
w
O
0)
O
L 0
(1) O
stn
c V7
(0 '-
2 69 269
O
0.
ate)
0
N 0 CO CO
O O CO On
CO tf) U) (O M
M 0) to (() CO
r- tf) CO O f�
00 to N r
(fl E9 fA 69 69
O O N
O O CO
0 d
0
cra
a
O
v
O
r
N
O
O
O
O
O
N
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
00
co
O
O
O
01
O
O
O
O
O
O
O
O
O
01
N
0)
00
O
O
co
O
O
CO
N
O
O
N
N
N
N
O
0
0 O
E
N
0)
(0
E
0
0
r, O
O c`
0.CC E
c
TA (0
0 C
a
s- • �
0) O
. E E
E
c
a 0
(tea ¢
1-
O)
0
0)
c
0)
0)
C
r 0
¢ cc
0
O m
0)a.
0f
(0 `)
m U
0)
0
0)
0)
E
0
O
c
O 0
0) 0
LL W
CD Q
N
0
ii U
6 ui
c
0>
N
0)
0
O
0)
C3
0
O
0
.0.
O
v)
O
0)
0)
C
E
m
a
0)
0)
o
E
0
cc
a