HomeMy WebLinkAboutTrans 2008-07-15 Item 3C - Contract Supplement #5 - Tukwila 205 Levee / Site 5 Retaining Wall Construction Management with KBA Inc
INFORJ.vlATION MEMO
To:
From:
Date:
Subject:
Mayor Haggerton
Public Works Directo~
July 8, 2008
Tukwila 205 Levee: Site 5 Retaining Wall
Project No. 08-DR02
Supplement Number 5 to Consultant Agreement 06-045
Construction Management and Inspection Services
ISSUE
Approve Supplemental Agreement Number 5 to Consultant Agreement Number 06-045.
BACKGROUND
Base contract No. 06-045 with KBA, Inc. of Bellevue, W A, included on-call construction management
(CM) services in support of any City-funded construction projects.
To fully cover the expenses of providing adequate CM and inspection for the fast-paced Tukwila 205
Levee Repair project, the City needs to approve a second supplemental agreement with KBA, Inc.
Through the executed fIrst supplement for this project, Supplemental Agreement No.4, KBA, Inc. is
already managing and inspecting the levee repair project for the City. KBA has the proper expertise
and staff availability to continuously work on this project.
Supplemental Agreement No.4 only provided for limited scope and fee in order to allow the consultant
to start work immediately. By executing ~e proposed Supplemental Agreement No.5, the City would
allow the consultant to complete the remaining full-time CM and inspection services for the project.
ANALYSIS
This Supplemental Agreement was carefully reviewed, and is a reasonable scope and fee. The entire
CM and inspection fee from the consultant is reimbursable from LA Pianta, LLC. Supplemental
Agreement No.4 was approved in the amount of $24,000.00, making the combined total for the
supplements to $114,000.00.
BUDGET AND BID SUMMARY
Not applicable due to the agreed reimbursement from LA Pianta, LLC to the City, for the entire
construction management and inspection costs.
RECOMMENDATION
Approve Supplemental Agreement Number 5 in the amount of $90,000.00 for a combined total for this
project of $114,000.00.
Attachments: Supplemental Agreement Number 5 to Consultant Agreement Number 06-045
Exhibit A-5 - Scope of Services
Exhibit B-5 - KBA Budget Proposal
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SUPPLEMENTAL AGREEMENT NUMBER 5
TO
CONSULTANT AGREEMENT NUMBER 06-045
TillS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein-after referred to as "the City", and KBA, Inc., hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
The City desires to supplement the agreement entered into with the Consultant and executed on,
April 17, 2006, and identified as Agreement No. 06-045. All provisions in the basic agreement
remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
1. Scope of Services, is hereby amended to include the scope of services as listed in the
attached Exhibit A-5, for Phase 2 Services of the Tukwila 205 Levee Retaining Wall.
2. Payment, shall be amended as follows: The total amount of this supplement, with
markup and sub consultants, as detailed in Exhibit B-5, is: $90,000.
3. Time for Performance, shall be amended as follows: The performance of this
supplemental agreement shall be extended to October 31, 2008, to include the anticipated
final billing from the consultant.
Payment for the work provided by the Consultant as part of this supplement shall be made and
the total amount of payment to the Consultant for this work shall not exceed $90,000.00 without
express written modification of the Agreement signed by the City.
The maximum amount payable under this agreement as supplemented inclusive of all fees and
other costs is now $90,000.00.
day of
, 2008
DATED this
CITY OF TUKWILA
CONSULTANT - KBA, Inc.
By:
Jim Haggerton, Mayor
Printed Name: Kristen A. Betty. PE
Title: President
KBA, Inc.
June 17, 2008
C. Construction Services - Contract Administration
1. Liaison with the Client, contractor, designer, Corps, other appropriate agencies, property
owners, and utilities. The Client will be the primary point of contact with the Corps.
2. Provide the Client with weekly executive summary progress reports in brief memo format to
be provided in e-mail, highlighting construction progress and advising of issues which are
likely to impact cost, schedule, or quality/scope.
3. Review the contractor's proposed schedule for constructability and contract compliance, and
bring perceived problems to their attention. Monitor the contractor's conformance to
schedule and require revised schedules when needed. Advise Client of schedule changes.
Review third party (Le. Corps work on adjoining site(s)) work schedules for compatibility.
4. Progress meetings. Lead weekly progress meetings with the contractor, including preparing
Client pre-briefing, weekly meeting agenda, meeting notes, and distributing copies of meeting
notes to attendees. Track outstanding issues on a weekly basis.
5. Shop Drawings/Submittal Review. Track, and review or cause to be reviewed: work plans,
shop drawings, samples, test reports, and other data submitted by the Contractor, for general
conformance to the Contract Documents. (Note: The majority of the submittals should be
reviewed in Phase 1.)
6. Respond to requests for information (RFls). Provide technical interpretations of the drawings,
specifications, and Contract Documents, evaluate requested deviations from the approved
design or specifications, or forward to appropriate party for interpretation and/or evaluation.
7. Change management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
8. Assist the Client in the investigation of malfunctions or failures during construction.
9. Record drawings. Review not less than monthly the Contractor's redline set of contract
drawings, if required by Contract Docume-nts~-~-- __un _n__ ------ ------
10. Document Control. Maintain document retention and tracking systems established in Phase
1. Collect, organize, and prepare documentation on the Project. Log in and out, and
maintain files on RFls, submittals, correspondence, meeting notes, and project documents.
11. Final Records. Compile and convey final project records, transferring to the Client for
archiving at final acceptance of the Project.
12. Provide all other necessary tasks requested by City of Tukwila.
D. Construction Services - Field
1. Provide the services of multiple field Project Representatives and oversight from the Principal
in Charge, as needed, on the Project site who will observe the Project Plans and
Specifications compliance of the construction, including providing day-to-day contact with the
Contractor, Client, utilities, and other stakeholders, and will monitor for adherence to the
Contract Documents.
2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes, and notify contractor of noncompliance by issuing non-
compliance orders.
3. Advise the Client of any non-conforming work observed during site visits.
4. Prepare daily construction reports, recording the construction contractors' operations
observed while the Consultant is on site; prepare documentation of completed work, and
other items, including change orders. The reports, along with daily photographs, will be
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June 17, 2008
provided to the Client on a daily basis in electronic format. Daily reports & photographs will
comply with the Quality Control/Quality Assurance Plan.
5. interpret plans, drawings, specifications and other contract documents, in coordination with
Designer.
6. Record of Materials. Prepare Record of Materials indicating anticipated material approvals,
material compliance documentation, and materials testing requirements. Maintain records of
material compliance documentation received, and advise of any known deficiencies.
7. Decide questions which may arise as to the quality and acceptability of material furnished,
work performed, and rate of progress of work performed by the Contractor.
8. Respond to related questions from adjacent property owners and the general public. Prepare
draft public notices for the Client's review.
9. Establish communications with property owners. Provide periodic notification to affected
property owners on upcoming work and providing contact numbers, as it pertains to the
construction of the retaining wall. The Corps will coordinate for later construction of the
levee.
10. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable. Track permit work windows and have Contractor incorporate into their schedule.
11. Prepare field records and documents to help assure the Project is administered in
accordance with the applicable sections of the Quality Control/Quality Assurance Plan, to be
further defined in the Construction Management Plan.
12. Attend and actively participate in weekly on-site meetings.
13. Provide periodic digital photographs during the course of construction. Photographs to be
organized by date, and comply with the Quality Control/Quality Assurance Plan.
14. Punch list. Upon substantial completion of work, coordinate with the Client and the Corps,
and other affected agencies, to perform a Project inspection and develop a 'punch list' of
items to be completed.
15. Testing. Conduct, or cause to be conducted, quality assurance materials tests, and
laboratory tests during the work. Coordinate and manage testing subconsultants for
construction services. Coordinate the work of the Field Representative(s) and testing
laboratories in the observation and testing of materials used in the construction; document
and evaluate results of testing; and inform Client and contractor of deficiencies. The
Contractor to provide primary materials testing for contract compliance.
16. Provide all other necessary tasks requested by City of Tukwila.
E. Assumptions
1. Budget
a. Staffing levels are anticipated in accordance with attached budget estimate. A certain
amount of overtime has been figured into the budget to use, if needed, during peak
construction activities. Supplemental assistance may be needed depending upon
contractor's activities (number of crews and shifts). The level of effort is based on a 50
hour work week with 20 percent contingency for overtime.
b. The work is anticipated to be performed during daytime hours. Should night work be
necessary, a 15 percent premium for labor will be applied to field representatives
performing night work.
c. The Consultant will provide services up to the budgetary limits. The level of effort
required will not exceed the approved budget without prior approval by the Client. The
construction is scheduled from June 19, 2008 through August 15, 2008 and is based on a
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KBA, Inc.
June 17, 2008
39-working day construction contract. Should further services be required, or should the
construction contract run longer than this time period, the Client and Consultant will
negotiate a supplement to this Agreement. Thirty additional calendar days are budgeted
for completion of punch list and project closure.
2. Items and Services Client will provide
a. Field office, furniture, 4 drawer filing cabinet, office telephones, restroom facilities, other
office equipment and all necessary utilities as needed.
b. Coordination with and enforcement of utility franchise agreements and/or contracts and
schedules for services related to this Project.
3. Items Consultant will provide
a. Two computers (with Office 2007) with "Air Cards" to provide internet access.
b. Printer/Fax/Scanner for use by field representatives.
c. Cellular phones with data package.
d. Cameras: Digital with memory card.
4. Items to be provided by Others
a. US Army Corps of Engineers to provide Engineer of Record as needed for design
changes and clarifications.
5. Scope
a. The property owner and general contractor (Segale Properties) will be responsible for
retaining the services of sub-contractors, and for tracking payment to the sub-contractors.
The Consultant will not provide measurement and payment information, but will generally
track production of the work.
b. Consultant will provide inspection services for the days/hours that Field Representative
staff is/are on-site. The Field Representative(s) will not be able to observe or report
construction activities, or collect documentation, during the time he/she is not on-site.
c. Definitions and Roles. The use of the term "inspect" is synonymous with "construction
observation:, and referenc'e to the "Inspector" role is synonymous with "Field
Representative", and means: performing on-site observations of the progress and quality
of the Work and determining, in general, if the Work is being performed in conformance
with the Contract Documents; and notifying the Client if, in their opinion, Work does not
conform to the Contract Documents or requires special inspection or testing. Where
"Specialty Inspector" or "specialty inspection" is used, it refers to the detailed inspection
and sign-off required by codes and regulations, such as electrical or welding inspection.
d. Notwithstanding the statements in the Corps Quality Control/Quality Assurance plan, the
Consultant will monitor the construction contractor's activities, and ascertain whether or
not they are performing the work in accordance with the Contract Documents; in case of
noncompliance, Consultant will reject non-conforming work, and pursue the other
remedies in the interests of the Client, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction contractors' performance, and it is
understood that Consultant shall assume no responsibility for: proper construction
means, methods, techniques; project site safety, safety precautions or programs; or for
any other entity than its own failure to perform its work in accordance with laws,
contracts, regulations, or Client's expectations.
e. Review of Shop Drawings and other Contractor submittals is not intended as an approval
of the submittals if they deviate from the Contract Documents or contain errors,
omissions and inconsistencies, nor is it intended to relieve the Contractor of their full
responsibility for Contract performance, nor is the review intended to ensure or guarantee
lack of inconsistencies, errors, and/or omissions between the submittals and the Contract
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KBA, Inc.
June 17, 2008
requirements. This review will not include review of the accuracy or completeness of
details, such as quantities, dimensions, weights, or gauges, fabrication processes,
construction means or methods, or coordination of the work with other trades, all of which
are the sole responsibility of the construction contractor. Review of a specific item will
not indicate that the Consultant has reviewed the entire assembly of which the item is a
component. However, the Consultant has the responsibility to notify the City and the
Contractor of the incomplete submittals, if the entire materials were already installed in
the project site.
f. Any opinions of probable construction cost provided by the Consultant will be on the
basis of experience and professional judgment. However, since Consultant has no
control over competitive bidding or market conditions, the Consultant cannot and does
not warrant that bids or ultimate construction costs will not vary from these opinions of
probable construction costs.
g. Consultant is not responsible for any costs, claims, or judgments arising from or in any
way connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others.
II. OPTIONAL SERVICES
The services described below, and any other major Extra Work requested by the Client, will be performed
only when authorized by the Client. Authorization to perform major Extra Work will be in the form of a
mutually negotiated Supplement to this Agreement, specifying the scope of services and budget.
A. One-time control and construction staking, and any re-staking needed as design changes or
stakes or monuments are interfered with by Contractor.
B. Public Involvement support.
1. Coordinate media releases and traffic advisory updates.
2. Develop and maintain Project website, updating project progress monthly.
C. Provide administrative and support services during construction which are not included in the
above scope of services, which may include:
1. Investigations, meetings, and negotiations with the Contractor involving claims and legal'
complaints, or a significant amount of defective or rejected work. A "significant amounf'
would be an item that might represent more than 2.5 percent of the total contract bid amount.
2. Additional work resulting from delinquency or insolvency of the Contractor; or as a result of
damage to the construction Project caused by fire, flood, earthquake or other acts of God, all
exclusive of additional work resulting from litigation.
3. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions or work
required to resolve disputes or goals involving minorities. Additional work resulting from
significant delays or acceleration of the work by the Contractor.
4. Assistance to legal, financial, or other consultants engaged by the Client beyond the services
previously described.
5. Additional services resulting from changes in scope or design of the Project due to
circumstances beyond the Consultant's control. Changes include, but are not limited to,
changes in size, complexity, the schedule, character of construction, or method of financing.
D. Provide record drawings.
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June 17, 2008
EXHIBIT A-5
SCOPE OF SERVICES
Construction l'v'lanagement Services
for
Tukwila 205 Levee Concrete Retaining Wall
Contract No. 06-045 - Task Order 5
KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Tukwila (Client)
for the Project known as Tukwila 205 Levee Concrete Retaining Wall. These services will include
consultation, contract administration, field observation, documentation, material testing, and other tasks
as required during the construction of the Project. Services will be in accordance with the project
specifications finalized by the US Army Corps of Engineers, 2007 King County Road Standards, and
2008 WSDOT I APWA Standard Specifications for Road, Bridge, and Municipal Construction.
This project includes the construction of 850 LF of cement concrete retaining wall as shown in the project
plans. Others will perform construction of the levee widening. This project is funded by a private property
owner, Mario Segale, who will be the contractor. The Consultant will provide oversight as outlined in the
Quality Control/Quality Assurance Plan, the Project Plans and other Project Specifications, prepared by
the U.S. Army Corps of Engineers (Corps). The plans and specifications have been prepared by the
Corps. Survey and materials testing will be provided by the Contractor. The Consultant will retain the
services of a materials testing firm to provide quality assurance testing, as detailed below.
Construction Services will be provided in 2 phases.
. Phase 1: Will include Project Management, Preconstruction Services, and Construction Services
(Contract Administration & Field) up to the initial budget limits.
. Phase 2: Will include Project Management and Construction Services (Contract Administration &
Field) for the remainder of the Project, and will be authorized under a separate task order.
I. PHASE 1 - PRECONSTRUCTION & INITIAL CONSTRUCTION MANAGEMENT
SERVICES
Phase 1 consultant service was executed through Supplemental Agreement Number 4.
II. PHASE 2 - CONSTRUCTION MANAGEMENT SERVICES
A. Project Management
1. Provide overall project management, coordination with the Client, monthly progress reports,
invoicing of the Consultant's services, and all other necessary tasks requested by City of
Tukwila. This effort will include the following elements.
a. Day-to-day project management: liaison with Client on a regular basis to discuss Project
issues and status.
b. Manage subconsultants and Consultant's staff. Organize and layout work for Project
staff. Prepare project instructions on contract administration procedures to be used
during construction.
c. Review monthly expenditures, and prepare and submit invoices and Project progress
letter reports to Client.
B. Preconstruction Services
1. None provided - see Phase 1.
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Scope for Sup #5, 7-7-08.doc 1 of 5
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Project Name: Tukwila 205 Concrete Retaining Wall Phase 2
Budget Proposal
KBA Project No.
06009
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