HomeMy WebLinkAbout17-154 - KPG Inc - 2018 Overlay and Repair DesignSUPPLEMENTAL AGREEMENT NO. 1
AGREEMENT NO. 17-154
PROJECT No. 91810401
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
17-154(a)
Council Approval 5/7/18
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
PROJECT: 2018 Overlay 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 5th day of September, 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-1.
Article 3, Duration of Agreement; Time for Performance, shall be modified as follows:
The Consultant shallperfonn 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.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B-1, attached
hereto, provided that the total amount of payment to the Consultant for this work not exceed $167,200.00
without express written modification of the Agreement signed by the City. The new total contract shall
not exceed $280,903.07 without express written modification of the Agreement signed by the City.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 1 It- day
of V44 , 2018.
APPROVED:
CITY OF TUKWILA
Allan Ekberg
Mayor
Attested:
APPROVED:
KPG, INC.
Nelson Davis, P.E.
Principal
`fie OZ/G,/v/i-s
EXHIBIT A-1
Construction Management Services
Scope of Work
April 10, 2018
City of Tukwila — 2018 Overlay Program
This work will provide construction management services for the construction contract to complete the
City of Tukwila — 2018 Overlay 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 full-time inspector, an additional
inspector if required, 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
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.
• 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.
• KPG will do all public outreach, and ensure affected business and residents are notified of
impending contractor activities one week prior to work 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
construction and review RAM's, shop drawings, and answer RFI's that require a level of
City of Tukwila — 2018 Overlay Program
Construction Management Services
Scope of Work
Page 2 of 7
KPG
Project Number 17135
4/10/2018
EXHIBIT A-1
engineering expertise outside of the capabilities of the Consultant.
• 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(s), if any.
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
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.
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. An
additional inspector, may be incorporated as dictated by the Contractor's approach to 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
City of Tukwila — 2018 Overlay Program
Construction Management Services
Scope of Work
Page 3 of 7
KPG
Project Number 17135
4/10/2018
EXHIBIT A-1
Contractor and the City:
o Preparation to include mobilization and clearing and grubbing
o Erosion Control
o HMA grinding and paving
o Driveways, curb, gutter and sidewalk
o And all incidental items necessary to complete the Work as described in the Plans
and/or Specifications.
Field inspection staff will perform the following duties as a matter of their daily activities:
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.
City of Tukwila — 2018 Overlay Program Page 4 of 7 KPG
Construction Management Services Project Number 17135
Scope of Work 4/10/2018
EXHIBIT A-1
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 contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non -conforming work, and pursue the
other remedies in the interests of the 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 3.4 — 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.
City of Tukwila — 2018 Overlay Program
Construction Management Services
Scope of Work
Page 5 of 7
KPG
Project Number 17135
4/10/2018
EXHIBIT A-1
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
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.
I. 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 are not included
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
City of Tukwila — 2018 Overlay Program Page 6 of 7 KPG
Construction Management Services Project Number 17135
Scope of Work 4/10/2018
EXHIBIT A-1
• Final Project Documents
TASK 3.5 — 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
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 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
TASK 3.6 — 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
City of Tukwila — 2018 Overlay Program
Construction Management Services
Scope of Work
Page 7 of 7
KPG
Project Number 17135
4/10/2018
• Change Order(s)
• Case Management Log
• RFI Log
• Minor Change Order(s)
• Force Account Records
City of Tukwila — 2018 Overlay Program
Construction Management Services
Scope of Work
EXHIBIT A-1
Page 8 of 7
KPG
Project Number 17135
4/10/2018
Exhibit B-1
Consultant Fee Determination
Project Name: 2018 Overlay Program
Supplement No. 1 - Construction Services
Consultant: KPG
COST PLUS FIXED FEE
Classification Hours Rate Cost
Project Manager 24 $ 81.32 $ 1,952
Resident Engineer 240 $ 50.96 $ 12,230
Project Engineer 64 $ 50.96 $ 3,261
Design Engineer 16 $ 46.26 $ 740
Engineering Technician 16 $ 37.59 $ 601
Construction Inspector 480 $ 42.65 $ 20,470
Survey Crew I 0 $ 59.63 $
Document Specialist 190 $ 40.48 $ 7,691
Construction Admin 112 $ 33.25 $ 3,724
Total Direct Salary Cost (DSC)
Overhead (146.70% x DSC)
Fixed Fee (30% x DSC)
1,142
$50,669
$74,330.83
$15,200.58
Subtotal: $140,200.00
REIMBURSABLES
Construction Vehicle Mileage
Miscellaneous - Repro, Field Supplies
$1,000
$1,000
Subtotal: $2,000
SUBCONSULTANT COSTS
Material Testing Allowance $25,000
Subtotal: $25,000
TOTAL $ 167,200.00
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 17-154
Contract Appoval 8/21/17
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 '2018 Overlay Program'.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending August 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 August 31, 2018 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 $113,703.07 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.
S/d�/
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
753 9th 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 3 ISt-day of A'u 3 a J-7 , 2017.
Attest/Authenticated:
Rndy Yvu✓1
City Clerk, Christy O'Flaherty
CA revised : 1-2013
CONSULTANT
By: \k
Printed Name:Nelson Davis, KPG
Title: Principal
Approved as to Form:
Office of the City Attorney
Page 5
EXHIBIT A
City of Tukwila
2018 Overlay Program
Scope of Work
August 1, 2017
The Consultant shall prepare final Plans, Specifications and Estimates for the 2018
Overlay Program. Specific projects will be determined from the following list of
candidate streets:
❑ Southcenter Boulevard Macadam to T -Line Bridge as budget allows
❑ S 128th Street Military Road to approx. 650' East
❑ S 133rd Street S 134th PI to East Marginal Way
❑ 51st Avenue S S 137th Street to S 138th Street
❑ 58th Ave S Interurban to S 142nd Street
❑ W Marginal PI S 102nd to north City limit
❑ W Marginal PI Cecile Moses Park to S 102nd Street
Project base maps were substantially completed in 2017 with additional detail required
for channelization and ADA compliance on Southcenter Boulevard and S 133rd Street.
The Consultant shall provide all necessary field reviews, base mapping, and utility
notification required to complete final bid documents for the 2018 Overlay Program.
The Consultant shall also prepare the bid tabulation, check low bidder (2) references,
and provide a recommendation for award to the City.
The 2018 Overlay Program will be bid as a single bid package as budget allows.
Projects may be re -prioritized or deferred to a future overlay program based on
available budget and other considerations. Detailed estimates will be prepared at the
90% design to verify the final project list to be included in the 2018 Overlay Program.
The City of Tukwila may require other services of the consultant. These services could
include additional design, right of way, 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.
2018 Overlay Program Page 1 of 4 August 2017
Assumptions for the 2018 Overlay Program Bid Package
• Roadway and utility casting mapping will be based on aerial photography, GIS,
and field reviews by the Consultant. Topographic field survey may be required
for ADA ramp improvements and will be performed by the Consultant as
required.
• Typically, only surface utilities requiring adjustment to grade will be shown.
• No utility upgrades are anticipated in the project design.
• Drainage & Water Quality Reports will not be required.
• Geotechnical Engineering services will be required for West Marginal Place
subgrade requirements only.
• Environmental Documentation will not be required.
Deliverables
• 90% review submittal with Plans, Specifications, and Estimate (6 copies)
• Routing of 90% Plans to utilities for review and comment.
• Bid Documents and Engineer's Estimate for 2018 Overlay Program
• 10 sets of Plans (11" X 17") and specifications for the Bid Documents.
• Coordinate upload of Plans and Specifications to Builders Exchange.
• Bid Analysis and recommendation for award.
SCOPE OF WORK
TASK 1 — 2018 OVERLAY PROGRAM
1.1 The Consultant shall provide continuous project management and administration for
the duration of the Project. (Estimate 6 months).
• Hold project coordination meetings with the City to update progress and
review submittals. Assume (4) meetings.
• The Consultant shall provide monthly status reports and billings.
• The Consultant shall provide independent QA/QC reviews by senior in-
house staff of all deliverables prior to submittal to the City.
1.2 The Consultant shall field review base maps that were prepared in 2017 for accuracy.
Topographic survey will be utilized only at ADA ramp locations where and complex
channelization only on S 133rd Street and Southcenter Parkway.
1.3The Consultant shall prepare 90% and final Plans for the proposed improvements
including the following:
City of Tukwila KPG, Inc.
2018 Overlay Program Page 2 of 4 August 2017
• Plans shall be prepared with such provisions in such detail as to permit field
layout and construction within a degree of accuracy acceptable to the City and
per industry standards.
• It is assumed there will be approximately thirty (30) plan sheets at 1"=20' scale
full size (22" X 34"), 1"=40' at reduced scale (11" X 17").
• Typical sections and details will be prepared for items not available as standard
details from the City, State, or WSDOT standard drawings.
• Plans will identify curb ramp replacement limits and pedestrian push button
modifications in accordance with ADA requirements.
• The plans shall illustrate complete details of construction of the proposed
improvements including limits of construction and removals, utility adjustments,
surfacing depths and details, and applicable channelization and signing for the
segments selected for final design.
• Plans and specifications will include required criteria for traffic control plans and
pedestrian traffic control during construction. Criteria will be developed in
collaboration with the City.
• The Consultant shall perform site walkthroughs with the City maintenance staff
to determine extent of roadway improvements / resurfacing (Estimate 2
meetings) and to prioritize candidate streets within the available budget.
• Pavement sections will be determined through consultation with the City's
maintenance staff and previous experience. No geotechnical investigations
are anticipated for pavement design. West Marginal Place will be evaluated
for subgrade stabilization (cement treated base or similar) by a geotechnical
engineer and requirements incorporated into the contract documents.
1.4 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable
Construction Cost for each review submittal and the Bid Documents. Projects will be
prioritized in collaboration with the City following the 90% Submittal to determine final
project segments.
1.5The Consultant shall prepare the Contract Specification per 2016 WSDOT Standard
Specifications for the 90% Review Submittal and the Bid Documents.
1.6The Consultant shall distribute 90% review submittals to franchise utility owners for
adjustments within the Project limits.
1.7The Consultant shall assist the City with Project Advertisement and Award by
uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation,
and recommendation for award.
City of Tukwila KPG, Inc.
2018 Overlay Program Page 3 of 4 August 2017
TASK 2 — FORT DENT PARK PARKING/ACCESS REPAIRS
2.1 The Consultant shall prepare base maps and design for overlay/reconstruction
improvements in the Fort Dent Park area. Overlay plans for Fort Dent Park will be
included in a separate bid schedule and bid as part of the 2018 overlay program.
Limits of repairs will be determined in collaboration with the City to achieve an
approximate $100,000 construction budget.
City of Tukwila KPG, Inc.
2018 Overlay Program Page 4 of 4 August 2017
FORT DENT PARK
2018 Overlay Program
Vicinity Map
HOUR AND FEE ESTIMATE
Project: City of Tukwila
2017 Overlay Program
EXHIBIT B
KPG
• Architecture •
Landscape Architecture.
• Civil Engineering •
Task
Description
Labor Hour Estimate
Total Fee
Project
Manager
$ 182.01
Senior
Engineer
$ 145.83
Project
Engineer
$ 119.33
Design
Engineer
$ 103.69
CAD
Technician
$ 87.97
Const
Inspector
$ 104.80
Survey
Crew
$ 165.47
Senior
Admin
$ 112.71
Office
Admin
$ 58.11
Fee
Task 1 - 2017 Overlay Program
1.1
Management and administration (estimate 6 months)
8
0
0
0
0
0
0
6
8
$ 2,597.27
1.2
Prepare Project Base Maps
2
8
8
40
20
0
30
0
0
$ 13,356.58
1.3
Prepare 90% and Final Plans
16
40
100
80
60
0
0
0
16
$ 35,182.19
1.4
Project Cost Estimates (90%, Final)
4
8
16
24
16
0
0
0
0
$ 7,700.22
1.5
Project Specifications
4
16
24
16
8
0
0
0
8
$ 8,753.06
1.6
Utility Coordination
2
4
40
8
8
0
0
0
4
$ 7,486.34
1.7
Project Advertisement and Award
4
4
12
12
8
0
0
0
4
$ 4,923.90
Reimbursable - Mileage
$ 500.00
Reimbursable - Reproduction
$ 1,500.00
Reimbursable - Geotechnical Review
$ 20,000.00
Reimbursable - Traffic Control
$ 2,500.00
Task Total
40
I 80
200 I
180 I
120 I
0 I
30 I
6 I
40
$ 101,902.28
Task 2 - Fort Dent Parking / Access Repairs
2.1 Alt analysis / Prepare plans, specs and estimate
4
8
40
24
24
0
0
2
4
$ 11,725.79
Reimbursable - Mileage
$ 50.00
Reimbursable - Reproduction
$ 25.00
Task Total
4
8
40
24
24
0
0
2
4
$ 11,800.79
Total Estimated Fee: $ 113,703.07
8/1/2017