HomeMy WebLinkAbout17-041 - KPG Inc - 2017 Small Drainage ProgramCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 17-041(b)
Contract Approval N/A
CONTRACT FOR SERVICES
Amendment #2
Between the City of Tukwila and KPG, P.S.
That portion of Contract No. 17-041 between the City of Tukwila and KPG, P.S. is hereby
amended as follows:
Article 2, Scope of Services, shall be supplemented with the following:
Repair work is necessary to correct final paving on 48th Avenue S and complete specified drainage
connection on 58th Avenue S. This supplement is provided to coordinate Contractor repair activities,
perform up to one day of inspection, and complete closeout documentation for the project. As the paving
repair is weather sensitive, this work may be deferred until favorable weather to ensure a high quality
finished product.
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 June 30, 2018 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
$5,980.36 without express written modification of the Agreement signed by the City. The new
total contract shall not exceed $124,618.35 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,22 g1'k day of
, 2017.
CITY OF TUKWILA CONTRACTOR
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CA Revised December 2016
Printed Name: Nelson Davis, Principal
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Page 1 of 1
Project Name:
Exhibit B
Consultant Fee Determination
City of Tukwila
2017 Small Drainage Program
Amendment 2 - Additional Construction Svcs
Consultant: KPG
COST PLUS FIXED FEE
Classification Hours Rate Cost
'Project Manager 2 $ 67.00 $ 134.00
Project Engineer 0 $ 41.00 $
Design Engineer 24 $ 37.00 $ 888.00
CAD Technician 0 $ 30.00 $
Construction Inspector 8 $ 37.50 $ 300.00
Survey Crew 0 $ 58.00 $
Document Specialist 16 $ 38.00 $ 608.00
Office Admin 8 $ 33.00 $ 264.00
Total Direct Salary Cost (DSC) 58 $ 2,194.00
Overhead (138.02% x DSC) $ 3,028.16
Fixed Fee (30% x DSC) $ 658.20
Subtotal: $5,880.36
REIMBURSABLES
Mileage $50
Miscellaneous - Repro, Field Supplies $50
Subtotal: $100
SUBCONSULTANT COSTS
Material Testing Allowance
$
Subtotal: $
TOTAL $ 5,980.36
SUPPLEMENTAL AGREEMENT NO. 1
AGREEMENT No.17-041 (4)
PROJECT No. 91741201
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
17-041(a)
Council Approval 7/17/17
KPG, Inc.
3131 Elliott Ave, Suite 400
Seattle, WA 98121
PROTECT: 2017 Small Drainage Program — Construction Services
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 14th day of March, 2017.
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 construction services in accordance with the scope of work included as
Exhibit A.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto,
provided that the total amount of payment to the Consultant for this work not exceed $79, 873.16 without
express written modification of the Agreement signed by the City. The new total contract shall not exceed
$118, 637.99 without express written modification of the Agreement signed by the City.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this / c/ qday
of IA- (/ ,2017.
APPROVED:
CITY OF TUKWILA
Attested:
(9 Christy 'Fl Clerk
sty O a erty, City C e
APPROVED:
KPG, INC.
1
Nelson Davis, P.E.
Principal
`-Voce
EXHIBIT A
Construction Management Services
Scope of Work
June 18,2017
City of Tukwila
2017 Small Drainage Program — Project No. 91741201
This work will provide construction management services for the construction contract to complete the
City of Tukwila 2017 Small Drainage Program. These services will include design support, project
management, documentation control, inspection, materials testing, public involvement, and contract
administration during the construction of the project, as detailed below. KPG ("Consultant") will provide
to the City of Tukwila ("City") construction management services for the project.
A detailed scope for the Contract follows:
I. INTRODUCTION
The following scope of services and associated costs are based upon the assumptions outlined below.
General Assumptions:
The proposed project team will include one part-time documentation control specialist, a part-
time resident engineer during construction activities, a part-time inspector, sub -consultant to
provide services for materials testing, and other supporting tasks as deemed necessary.
• It is anticipated that part time site observation will be required based on contractor's specific
activities. The level of service is based on a construction project duration of approximately 60
working days.
• KPG estimates a total project duration of 80 working days including preconstruction service,
construction services, and project closeout. No suspensions or stop work periods are anticipated
during this duration.
• It is anticipated that the KPG will update and modify 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.
• KPG will do all public outreach, and ensure affected residents are notified of impending contractor
activities by door to door and or A -board signs that include date, hours of work, and a KPG staff
phone number to call for questions.
• The design engineers from KPG will be available during construction to answer questions during
2017 Small Drainage Program Page 2 of 6 KPG
Construction Management Services 6/18/17
EXHIBIT A
construction and review RAM's, shop drawings, and answer RFI's as required.
• Services will be performed in accordance with the Contract plans & special provisions, and City
engineering standards.
II. SCOPE OF WORK
The objective and purpose of this Construction Management Services Agreement 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.
TASK 1— MANAGEMENT/COORDINATION/ADMINISTRATION
Provide overall project management, coordination with the City, monthly progress reports, and
invoicing. 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.
Deliverables
• Monthly invoices and progress reports
TASK 2 — PRECONSTRUCTION SERVICES
2.1 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
engineer, 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.
Deliverables
• Preconstruction conference agenda with meeting minutes
TASK 3 — CONSTRUCTION SERVICES - FIELD
3.1 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 all items necessary to complete the Work as
2017 Small Drainage Program Page 3 of 6 KPG
Construction Management Services 6/18/17
EXHIBIT A
described in the Plans and Specifications, 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:
i. 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.
iii. 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. 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.
Assumptions:
• Consultant will provide part time observation services for the days/hours that the
contractor's personnel are on-site based on the Contractor's specific activities. Full time site
observation is not anticipated.
• Consultant will provide qualified personnel for inspection of all bid item work.
• 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;
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Construction Management Services 6/18/17
EXHIBIT A
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.
3.2 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.
3.3 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.
Deliverables
• Daily Construction Reports with project photos — submitted on a weekly basis
• Punch List, Certificate of Substantial Completion
• Review test reports for compliance
TASK 4.1— CONSTRUCTION SERVICES — OFFICE
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 made in
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Construction Management Services 6/18/17
EXHIBIT A
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. Revisions to the CAD drawings will be based on these construction records.
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
TASK 4.2 — SUBMITTAL/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
2017 Small Drainage Program Page 6 of 6 KPG
Construction Management Services 6/18/17
EXHIBIT A
logged and tracked.
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 WSDOT 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
TASK 4.3 — 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
2017 Small Drainage Program Page 7 of 6 KPG
Construction Management Services 6/18/17
Project Name:
Consultant:
COST PLUS FIXED FEE
Exhibit B
Consultant Fee Determination
City of Tukwila
2017 Small Drainage Program
Construction Services
KPG
Classification
Project Manager
Project Engineer
Design Engineer
CAD Technician
Construction Inspector
Survey Crew
Document Specialist
Office Admin
Total Direct Salary Cost (DSC)
Overhead (138.02% x DSC)
Fixed Fee (30% x DSC)
Hours
16 $
120 $
52 $
8 $
312 $
0E $
184 $
16 $
708
Subtotal:
Rate
67.00 $
41.00 $
37.00 $
30.00 $
37.50 $
58.00 $
38.00 $
33.00 $
Cost
1,072.00
4,920.00
1,924.00
240.00
11, 700.00
6,992.00
528.00
$ 27,376.00
$ 37,784.36
$ 8,212.80
$73,373.16
REIMBURSABLES
Mileage
Miscellaneous - Repro, Field Supplies
Subtotal:
$1,000
$500
$1,500
SUBCONSULTANT COSTS
Material Testing Allowance $5,000
Subtotal: $5,000
TOTAL $ 79,873.16
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 17-041
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 '2017 Small Drainage Program'.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. 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, 2016 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 $38,764.83 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.
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:VII.
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 terminate 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
3131 Elliott Ave, Suite 400
Seattle, WA 98121
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 11+ day of 14-2.-C_ h , 2017.
CITY OF TUKWILA CONSULTANT
or, n am
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Attest/Authenticated:
N.9,1/4,
Printed Name:Nelson Davis, KPG
Title: Principal
Approved as to Form:
S
City Clerk, Chris O'Flaherty
CA revised : 1-2013
Office of the City Attorney
Page 5
EXHIBIT A
City of Tukwila
2017 Small Drainage Program
Scope of Work
February 24, 2017
PROJECT DESCRIPTION
The Consultant shall prepare fmal Plans, Specifications and Estimates for the 2017 Small Drainage
Program. The project will include the following sites:
Site 1: Trail #11 at S 162nd Street and 47th Avenue S
Install new storm drain system for 47`'` Avenue Sfrom Trail #11 to tie into the existing system in S
160th Street.
Site 2: Strander Boulevard Sidewalk, near Target Store
Install drainage pipe and catch basins to get water in low spot to Strander Boulevard drainage
system.
Site 3: S 150th Street Creek Outfall
Install new Type 2 catch basin and overflow cone grate. This site may require an HPA.
Site 4: Gilliam Creek Outfall Access Improvements
Install railing, stairs, platform, and ladder to improve access and safety to flap gate apron. This site
may require an HPA and City of Tukwila Building Permit.
Site 5: S 180t Street Bridge Retaining Wall
Raise existing retaining wall and connect to bridge abutment. This project is to address a freeboard
deficiency that was identified in the recent Levee Certification analysis. This site may require an
HPA and City of Tukwila Building Permit.
The Consultant shall provide necessary surveying, project design, quantity and cost estimates, and utility
coordination required to complete fmal bid documents. It is anticipated that sites will be bid as a single
bid package for the 2017 Small Drainage Program as budget or other considerations allow.
The Consultant shall provide surveyed base maps with horizontal utility locations, or base maps created
from field measurements, ortho-photography, and GIS data as necessary for each site. If necessary,
surveyed base maps will include right-of-way line work based on available public records. Project
horizontal and vertical datum will be assumed on all sites.
The Consultant shall provide assistance to the City with preparation of a SEPA checklist and HPA
application where required. A building permit will be acquired for the access and safety projects if required.
No additional permits are anticipated.
City of Tukwila KPG, Inc.
2017 Small Drainage Program Page 1 of 4 February 2017
It is the Consultants understanding that none of the 2017 Small Drainage Program sites require biological
assessments, additional permits beyond those listed, wetland delineations, geotechnical review, detention
facilities, or water quality treatment facilities. The budget assumes a straightforward approval process with
no special studies or extensive coordination. All work will be completed within City rights of way or
easements and no easement acquisition is anticipated.
As the City has previously reviewed near -final designs for sites 1 through 4, the Consultant shall submit a
90% Review Submittal that includes plan, specifications and estimate to the City for review prior to bidding.
SCOPE OF WORK
TASK 1— 2017 Small Drainage Program Design
1.1 MANAGEMENT/COORDINATION/ADMINISTRATION
• The Consultant shall provide continuous project management and administration for the
duration of the Project. (Estimate 2 months).
• Hold project coordination meetings with the City to update progress and review submittals.
Assume (2) meetings.
• The Consultant shall provide monthly status reports and billings.
• The Consultant shall provide independent QA/QC reviews by senior in-house staff of all
deliverables prior to submittal to the City.
1.2 Previously obtained mapping for sites 1 through 4 will be utilized for those sites. The Consultant
shall prepare a topographic base map for site 5.
1.3 The Consultant has previously prepared designs for sites 1-3. These sites shall be field reviewed to
confirm no significant changes that would affect project design. Minor updates and revisions are
anticipated, and will be included in the 90% Plans and Bid Documents.
1.4 The Consultant has previously prepared designs for site 4; however, the fire department has requested
additional safety measures be incorporated into the design. The Consultant shall update the plans
and structural details to incorporate City comments.
1.5 The Consultant shall prepare final plans and structural details for the site 5 wall extension at the south
end of the S 180th Street Bridge. Design will be based on field observations and original design
drawings provided by the City to match the wall elevation to the south of the depressed area.
1.6 The Consultant shall develop plans to the 90% design level and prepare and submit building permit
applications for Sites 4 & 5. Specifications will be shown on the plan sheets and reference WSDOT
specifications as applicable. It is anticipated that detailed fabrication shop drawings will be provided
by the contractor and may be required for final building permit approval.
1.7 The Consultant shall prepare and submit JARPA applications for Sites 3 & 4 for submittal to
Washington Department of Fish and Wildlife and provide necessary coordination to obtain the HPA.
City of Tukwila KPG, Inc.
2017 Small Drainage Program Page 2 of 4 February 2017
1.8 The Consultant shall prepare the Contract Specification per 2016 WSDOT Standard Specifications
for the 90% Review Submittal and the Bid Documents
1.9 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction
Cost for each review submittal and the Bid Documents.
1.10 The Consultant shall distribute 50% and 90% review submittals to franchise utility owners to identify
potential conflicts within the Project limits.
1.11 The Consultant shall prepare final Bid Documents for the proposed improvements including the
following:
o Plans shall be prepared with such provisions in such detail as to permit field layout and
construction within a degree of accuracy acceptable to the City and per industry
standards.
o Details will be prepared for items not available as standard details from the City, State,
or WSDOT standard drawings.
o The plans shall illustrate complete details of construction of the proposed
improvements including limits of construction and removals, proposed invert
elevations, rim elevations and required construction materials.
o Drainage designs will be determined through consultation with City staff and from
previous experience rather than detailed basin modeling.
• Assumptions
o No federal funding is anticipated for the Project engineering or construction.
o No utility upgrades are anticipated in the project design.
o Drainage & Water Quality Reports will not be required.
o Geotechnical Engineering services will not be required.
o Environmental Documentation will not be required.
o Potholing of existing underground utilities will not be required.
o Any fees for City Building Permit will be paid by the City.
o The $150 processing fee for the JARPA application will be paid by the Consultant and
reimbursed by the City through the invoice process.
o Site 5 will not require SEPA or Shoreline review.
• Deliverables
o Building permit applications to City
o JARPA submittal to WDFW
o 90% review submittal with Plans, Specifications, and Estimate (6 sets).
o Bid Documents and Engineer's Estimate (10 sets %2 size plans, specs, and estimate)
o 6 sets of Plans (11" X 17") and specifications provided for each review submittal.
o 10 sets of Plans (11" X 17") and specifications for the Bid Documents.
o Coordinate upload of Plans and Specifications to Builders Exchange.
City of Tukwila KPG, Inc.
2017 Small Drainage Program Page 3 of 4 February 2017
Additional Services
The City of Tukwila may require other services of the consultant. These services could include additional
design, right of way, utility potholing, environmental documentation, construction phase services, or other
work tasks not included in the scope of work. At the time these services are required, the Consultant will
provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not
proceed with the work until the City has authorized the work and issued a Notice to Proceed.
City of Tukwila KPG, Inc.
2017 Small Drainage Program Page 4 of 4 February 2017
HOUR AND FEE ESTIMATE
City of Tukwila
2017 SmaII Drainage Program
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$ 1,002.14
$ 2,998.56
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$ 4,500.00
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$ 150.00
$ 38,764.83
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1.1 Management/Coordination/Administration
1.2 Topographic Survey - S 180th Street Bridge
1.3 Field check and minor updates to sites 1-3
1.4 Address Fire Dept comments on site 4 design
1.5 S 180th Bridge design and structural coord
1.6 Building Permit prep and submittal, sites 4 and 5
1.7 HPA application and coordination for sites 3 and 4
1.8 Prepare Specifications
1.9 Quantity and Cost Estimating
1.10 Utility coordination
1.11 Finalize Bid Documents
Reimbursable - Mileage
Reimbursable - Reproduction
Reimbursable - Site 4 structural revisions
Reimbursable - S 180th Street structural design
Reimbursable - HPA application fee
Task 1 Total
Total Estimated Fee: $