HomeMy WebLinkAbout11-100 - KBA Inc - Tukwila Levee Repair and Maintenance (Flood Control)rt_a Wq
O City of Tukwila
Department of Public Works
vs 2
1908
June 13, 2012
Kristen A. Betty, P.E.
KBA, Inc.
11000 Main Street
Bellevue, WA, 98004
Jim Haggerton, Mayor
Bob Giberson, P.E., Director
Re: Termination Tukwila Levee Repair and Maintenance Project Consultant Agreement
City Project No. 10901301, Contract No. 11 -100
Dear Ms. Betty:
This letter serves as notice that the City of Tukwila is exercising its right to terminate the City's
Consultant Agreement "Agreement with KBA for the provision of design and construction
management services in connection with the Tukwila Levee Repair and Maintenance Project.
Termination of this Agreement shall be effective ten days from the date of this letter, pursuant to
Section 14 of the Agreement, which is attached hereto for your reference.
Please submit vouchers for services and work completed prior to termination of this Agreement and
the City will process them for payment.
Sincerely,
Bob Giberson, P.E.
Public Works Director
Enclosure
cc: Jim Haggerton, Mayor City of Tukwila QG ity %erk
David Cline, City Administrator Finance Dept, Contract 11 -100
Robin Tischmak, City Engineer File: 10901301.2
WAPW Eng\PROJECTS \A- DR ProjectATAwila Levee Repair and Maintenance (10901301)\Design \Kris Betty 6 13 2012.docx
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 433 -0179 Fax: 206 431 -3665
11 -100
Council Approval 7/18/11
CONSULTANT AGREEMENT FOR
DESIGN CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and _KBA. Inc. hereinafter referred to as "the Consultant in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
Project Designation. The Consultant is retained by the City to perform design and
construction management services in connection with the project titled Tukwila Levee Repair
and Maintenance Project.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 550 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $298.000.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
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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 "Documents 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
modifications to the Documents made by the City, nor for any use of the said Documents by
the City on any project other than the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the
performance of this Agreement and as to claims against the City, its officers, agents and
employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code
of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000 per occurrence and annual aggregate.
Said general liability policy shall name the City of Tukwila as an additional named insured.
hi case of cancellation and nonrenewal of any of the required insurance coverage, the
Consultant shall, within two business days of their receipt of such notice of cancellation,
forward same to the City. Certificates of coverage as required by this section shall be
delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
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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.
10. Covenant Against Contingent Fees. The Consultant warrants that it 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 it has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
0
16. 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:
Kristen A. Bettv, PE
_KBA. Inc.
11000 Main Street
Bellevue, WA, 98004
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this 7� day of J 2011.
CITY OF TUKWILA CONSULTANT
Mayor G j
Attest /Authenticated:
City Clerk 0
By: 7Nae: Printeden A. Bettv, PE
Title: President
Approved as to Form:
Qa-c� q-) U"-�
Office of the City Attorney
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KBA, Inc.
EXHIBIT A
SCOPE OF SERVICES
for
Tukwila Levee Repair and Maintenance Project
Contract No.
June 8, 2011
KBA, Inc. (Consultant) and their Subconsultant, KPG, Inc. (Subconsultant) will provide services to the City
of Tukwila (City) for the Project known as Tukwila Levee Repair and Maintenance Project. As
detailed in the following Scope of Services:
The Consultant will provide services during the design, bidding, construction, and project closeout
stages of the Project. This will include assessment of existing conditions, determination of needs
for any site restoration, preparation of necessary traffic control and channelization plans,
coordination with WSDOT, railroad, and other stakeholders.
The Subconsultant will provide design and permitting coordination and preparation services,
prepare the bid package, and provide survey and other support.
Project Description: This project is the removal of the protective measures installed in 2009 on top of
the Green River levee and around Tukwila's Central Business District, together with some levee repair
and site restoration. Major items of work include:
Removal of Super Sacks and Hesco Barriers, located near City Maintenance Facility
(approximately 300 LF of Hesco Barrier) and surround the Central Business District (CBD)
Removal of Concrete Barrier on West Valley Highway
Rechannelization along West Valley Highway and removal of signs placed during the initial 2009
installation
Re- paving of the paved portions of the existing trail
General restoration as required to restore approximate existing conditions
Levee repair and cleanup, at the direction of the Corps of Engineers
I. DETAILED TASK DESCRIPTION CONSULTANT (KBA)
A. Project Management
1. Day -to -day project management: liaison and coordinate with City on a regular basis to
discuss Project issues and status. Decide on best modes and frequency of communication
with the City and Subconsultants, and use them.
2. Manage Team, comprised of Consultant's staff and Subconsultants. Organize and layout
work for Team.
3. Review monthly expenditures and Team scope activities. Prepare and submit to City,
invoices and progress report describing services performed. Prepare and submit reporting
required by funding source(s), if any.
Deliverables
Monthly invoices and progress reports
B. Design Phase Services
1. Participate in a field review with the Subconsultant and the City to determine the current
condition of the site and levee system, and assist in defining the scope and magnitude of the
levee restoration, including the type of temporary structures to be removed, underlying levee
surfacing, and general restoration needs.
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2. Advise the Subconsultant on challenging constructability issues, to aid in their development
of Bid Documents.
3. Assist the City and the Subconsultant in the application and coordination with any necessary
permitting agencies and governing bodies. This is intended to include review of
correspondence to the US Army Corps of Engineers, King County Flood Control District,
WSDOT, and Union Pacific Railroad.
4. Prepare property use agreements for approval by the City. Meet with affected property
owners to work toward gaining access to allow the removal of the protective measures.
5. Constructability Reviews. Participate in constructability reviews of Subconsultant's
documents and design at the following milestones:
a. 30% Stage Review. Review the 30% Plans and Preliminary Engineer's Estimate.
i. Review at this stage will be for areas of cost saving opportunities, constructability,
operability, and general clarity.
ii. One review cycle. Meet with City and /or Designer (Subconsultant) staff to present
and discuss comments. Submit letter report or meeting notes detailing limits of the
review, in the time and budget available, and highlighting key areas of concern.
b. 90% Stage Review.
i. Review the 90% Plans, Contract Provisions, and Engineer's Estimate for such things
as:
(a) Areas of cost saving opportunities
(b) Constructability and operability
(c) General clarity
(d) Consistency among standard specifications, amendments, and special
provisions /bid items
(e) Completeness and adequacy of bidding and contracting documents /forms
(f) Special Provisions for non standard items
(g) Pay items for construction elements
ii. One review cycle. Meet with City and /or Designer (Subconsultant) staff to present
and discuss comments. Prepare and submit Constructability Review Comments
spreadsheet, along with red -line markup of the documents.
Deliverables
Property use agreements
30% stage letter report
90% stage Constructability Review Comments spreadsheet, and red -line markups
C. Bid Phase Services
1. Assist Subconsultant with answering questions during the bidding period. Bidder Review.
Based on the bid tabulation prepared by the Subconsultant, review the bid results on the
project for irregularities. Review low bidder for responsibility and responsiveness.
Deliverables
Bid and Bidder evaluations and checklists
D. Preconstruction Services
1. Prepare a Construction Management Plan (CM Plan) for the project. The CM Plan will be
developed based on the Consultant's boilerplate document and modified to adapt to and
include City practices and funding agency requirements, including forms to be used on the
project. Submit to City for review and comment and finalize based on those comments. The
CM Plan will cover at least the following:
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a. Communication and coordination between the CM Team, Designer (Subconsultant), City
and other stakeholders
b. Project procedures and forms
c. Document control system
2. Organize and lead preconstruction conference.
a. Prepare and distribute notices
b. Prepare agenda
c. Conduct the meeting
d. Prepare and distribute meeting notes to attendees and affected agencies
3. Provide one set of preconstruction photographs and video.
Deliverables
Construction Management Plan, draft and final
Preconstruction Conference Notice, Agenda, and Notes
Preconstruction photos, digital files on CD /DVD or video file on DVD
E. Construction Services Contract Administration
1. Liaison with the City, Construction Contractor, Designer (Subconsultant), appropriate
agencies, property owners, and utilities.
2. Provide the City with brief monthly construction progress reports, highlighting progress and
advising of issues which are likely to impact cost, schedule, or quality /scope.
3. Schedule Review.
a. Review Construction Contractor's schedules for compliance with Contract Documents.
b. Monitor the Construction Contractor's conformance to schedule and require revised
schedules when needed. Advise City of schedule changes.
4. Progress Meetings. Lead regular (usually weekly) progress meetings with the Construction
Contractor, including City pre- briefing, and preparing weekly meeting agenda and meeting
notes, and distributing copies to attendees. Track outstanding issues on a weekly basis.
5. Update CM Plan as needed to reflect changes in policy and /or procedure that occur during
the Project, and orient CM Team to the changes.
6. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate
party, work plans, shop drawings, samples, test reports, and other data submitted by the
Construction Contractor, for general conformance to the Contract Documents.
7. Manage RFI (Request for Information) process. Track and review /evaluate, or cause to be
reviewed evaluated by other appropriate party, RFIs. Manage responses to RFIs.
8. Change Management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
9. Monthly Pay Requests. Prepare monthly requests for payment and /or review payment
requests submitted by the Construction Contractor. Review with City and Construction
Contractor, and recommend approval, as appropriate.
10. Evaluate Construction Contractor's 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.
11. Assist the City in the investigation of malfunctions or failures during construction.
12. Public Information. Provide information for City to prepare media communications and public
notices on Project status. Provide information for City's inclusion into a Project website
and /or newsletters, if requested.
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13. Record Drawings. Review not less than monthly, the Construction Contractor's redline set of
contract plans. Maintain a CM Team set of conformed drawings tracking plan changes,
location of discovered anomalies, and other items, as encountered by the CM team. Use
these markups to check the progress of the Contractor prepared Record Drawings.
14. Document Control. Establish and maintain document filing and tracking systems, following
City guidelines and meeting funding agency requirements. Collect, organize, and prepare
documentation on the Project.
15. Project Closeout. Prepare Certificates of Substantial (including punch list), Physical, and
Final Completion. Prepare final pay estimate.
16. Final Records. Compile and convey final project records, transferring to the City for archiving
at final acceptance of the Project. Records will consist of hard copy originals.
Deliverables
Monthly Construction Progress Reports
Schedule review comments
Meeting agendas and notes
Submittal log
RFllog
Change Order(s)
Progress pay requests
Certificates of Completion and punch list(s)
Final records hard copy
F. Construction Services Field
1. Observe the technical conduct of the construction, including providing day -to -day contact with
the 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.
2. 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.
3. Prepare daily construction reports, recording the Construction Contractors' operations as
actually observed by the Consultant; includes quantities of work placed that day, Contractor's
equipment and crews, and other pertinent information.
4. Interpret Contract Documents, in coordination with Designer (Subconsultant).
5. Decide questions which may arise as to the quality and acceptability of material furnished,
work performed, and rate of progress of work performed by the Construction Contractor.
6. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable.
8. Prepare field records and documents to help assure the Project is administered in
accordance with City requirements.
9. Attend and actively participate in regular on -site meetings.
10. Take periodic digital photographs during the course of construction. Photographs to be
labeled and organized as detailed in the CM Plan.
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11. Punch List. Upon substantial completion of work and coordinate with the City and affected
agencies to prepare a 'punch list' of items to be completed or corrected. Coordinate final
inspection with those agencies.
12. Testing. Conduct or cause to be conducted, materials and laboratory tests. 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 City
and Construction Contractor of deficiencies.
Deliverables
Daily Construction Reports with project photos submitted on a weekly basis
Punch List, Certificate of Substantial Completion
Test reports
II. DETAILED TASK DESCRIPTION SUBCONSULTANT (KPG)
A. Base Mapping
1. Prepare base maps for the length of the project, approximately 8,800 linear feet, in addition to
approximately 300 LF of Hesco Barrier installed near the City maintenance facility. Base
maps will be based on available City aerial data with the supplemental information listed in
items 2-4 below incorporated.
2. Raw GPS survey data points obtained prior to the installation of temporary measures in 2009
will be processed and overlaid on aerial mapping to provide an approximate baseline for
reference and payment purposes along the levees.
3. Perform field reviews with the Consultant and City to identify the type of temporary structures
to be removed, underlying levee surfacing, and general restoration needs for incorporation
into the base map.
4. Prepare survey of existing channelization and pavement edge of West Valley Highway within
the limits of the area requiring WSDOT channelization plan approval.
Deliverables
Base maps will be included as part of the final bid documents
Field notes and photographs will be made available to the City KBA as requested
B. Community Outreach
1. Assist the City with public outreach to affected stakeholders, as directed by the City. This
work may include preparation of sign layout, communication with stakeholders, and other
tasks as assigned.
2. License to Construct (LTC) authorizations from adjacent property owners will be obtained by
Consultant. In support of Consultant's efforts to obtain License to Construct (LTC)
authorizations from adjacent property owners, attend one -on -one meetings as requested with
affected property owners along the corridor to discuss the project, private property
restoration, access issues or other concerns. (Estimate 6 meetings.)
Deliverables
Open house meeting graphics.
Notes from any one -on -one meetings
C. Permitting and Agency Coordination
Provide coordination for permits and /or approvals from the following agencies:
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1. Citv of Tukwila. Prepare a SEPA checklist documenting the scope of temporary measure
removal within the project limits.
2. Washinqton State Department of Transportation WSDOT). Coordinate with WSDOT for
channelization plan approval along West Valley Highway and identify future ownership of
WSDOT provided barrier. This work is anticipated to include:
Prepare preliminary channelization plan and attend one coordination meeting with
WSDOT to review the preliminary plan and identify specific traffic control concerns that
need to be included.
Update Channelization Plans to incorporate WSDOT comments and concerns and
provide specification language to address traffic control needs.
Coordination to identify future ownership WSDOT point of delivery or disposal by
Contractor) of WSDOT- provided zipper barrier that was installed with the temporary
levee measures in 2009.
3. US Armv Corps of Enaineers USACE) Kino Countv Flood District. The 2009
temporary levee protection measures were installed in coordination with the USACE and King
County Flood District. The City continues to coordinate with the both agencies on their
removal. It is anticipated that no formal permit or environmental documentation will be
required by either agency, but that the following coordination will be required prior to
construction:
Review and comment on notification letters prepared by the City to both agencies.
Attend up to three (3) coordination meetings during project design with the USACE
and /or King County Flood District to identify elements for inclusion in project plans and
specifications.
Coordination to identify future ownership (point of delivery or disposal by Contractor) of
USACE provided super sacks that were installed with the temporary levee measures in
2009.
4. Washington Department of Fish and Wildlife (WDFW). Provide coordination with WDFW
to obtain a Hydraulic Project Approval (HPA) as follows:
Attend one meeting with WDFW to review the project scope and identify any necessary
mitigation needs that will need to be incorporated into the project design.
Prepare a Joint Aquatic Resources Permit Application (JARPA) and submit to WDFW for
approval.
Provide necessary coordination to obtain the HPA.
5. Washinaton Department of Ecoloov (WDOE). Prepare a Notice of Intent (NOI) to WDOE
in accordance with National Pollution Discharge Elimination System (NPDES) Construction
Stormwater General Permit. Prepare Project Specifications requiring the Contractor to
transfer and implement the permit requirements.
6. Union Pacific Railroad (UPRR). Prepare a permit application for work in vicinity of UPRR
facilities and incorporate permit requirements into the Project Specifications.
Deliverables
File copies of all permit applications
File copies of any meeting notes or correspondence with agencies
D. Prepare Plans, Specifications, and Estimates
1. Review available 2009 construction record drawings and permit approvals and perform a
detailed site walk with members of the original Consultant construction team and City staff.
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The purpose of the site walk is to identify existing conditions and site restoration needs,
including but not limited to the following:
Asphalt pavement damage and repair limits
Concrete pavement damage and repair limits
Areas of root intrusion for removal and barrier installation
Access limitations and staging
Potential waste sites
Private property concerns
Areas requiring additional survey or investigations
2. Prepare Draft 30% Plans on aerial base maps that incorporate the results of the site walk and
preliminary feedback from the resource agencies identified in Task II.C. The 30% Plans will
include plan view depictions of all anticipated project elements for removal and restoration.
Plans will be distributed to the City and Consultant for review and comment.
3. Incorporate City Consultant comments on the 30% Plans. The updated 30% Plans will be
used as the basis of final design, permit and agency coordination, and for use by the City
Consultant in obtaining LTC authorizations.
4. Prepare 90% Plans (estimate 35 sheets) for review and approval by the Consultant and the
City. Plans shall be based on the 'centerline' established in Task ILA as a means of
reference, but not as a surveyed centerline. City standard details and WSDOT standard
plans will be supplemented with project specific details as required. Plan information will
include:
Cover Sheet
Overall site plans showing: (200+ scale)
Access and Staging criteria
Limits of construction
Permit coordination items
Aerial Plan Sheets showing: (40 scale)
Limits of Super Sack Removal
Limits of Hesco Unit Removal
Limits of Traffic Barrier Removal
Temporary Erosion and Sediment Control Measures
Paving limits of existing trail
Restoration notes
Channelization plans and details
Erosion Control notes and details
Restoration typical sections and details
5. Prepare 30% (outline of pay items only) and 90% specifications for review and approval by
Consultant and the City. Specifications shall be based on 2010 WSDOT APWA standard
specifications, as amended, using contract boilerplate and general special provisions
provided by the City.
6. Calculate quantities and prepare a construction cost estimate in support of the 30% and 90%
plans and specifications.
7. Incorporate City and Consultant comments on the 90% Plans, Specifications, and Estimate
and finalize for bid advertisement on bxwa.com.
Deliverables
5 copies 11x17 Draft 30% Plans (to City, Consultant)
5 copies 30% Estimate and pay item outline (to City, Consultant)
10 copies 11x17 Final 30% Plans (to City, Consultant, Task 4 agencies)
10 copies 11x17 90% Plans (to City, Consultant, Task 4 agencies)
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10 copies 90% Specifications (to City, Consultant, Task 4 agencies)
20 copies 11x17 Final Plans for Bid and Construction
20 copies 11x17 Final Specifications for Bid an Construction
Engineer's Estimate at 30 90 and Bid Document
Upload of Bid Documents to BXWA.com
Digital file copy of final Bid Documents in .pdf format
E. Bid and Construction Services
1. Assist Consultant and the City during the bid period by responding to bidder inquiries,
attendance at a pre -bid meeting (if required), preparation of addenda, and preparation of the
certified bid tabulation.
2. Provide pre- construction support to Consultant and the City, including general coordination
and attendance at the preconstruction meeting.
3. Provide on -call engineering and /or survey support to Consultant and the City during
construction. These services may include:
Response to RFIs
Submittal Reviews
Field reviews for verification of restoration needs following removals
Plan preparation for field changes
Attendance at weekly construction meetings as requested
Survey verification or other services as requested
Deliverables
Preparation and upload of addenda
Certified Bid Tabulation
Construction documentation as required
III. ASSUMPTIONS
A. Budget
1. Weekly construction progress meetings will not last more than one hour each.
2. Staffing levels are anticipated in accordance with the 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
Construction Contractor's activities (number of crews and shifts).
3. The majority of the work is anticipated to be performed during daytime hours. Some of the
operation along West Valley Highway may be performed at night. A 15 percent premium for
labor will be applied to all hours that Consultant employees work between 7 pm and 7 am.
4. The level of effort in accomplishing the scope items is limited to the pre- approved budget.
Consultant will not exceed the approved budget without prior approval by the City.
Consultant services are budgeted based on a 60- working day construction contract, plus time
allotted for project setup and closeout, all completed in 2011. Should further services be
required, or should the construction contract run longer than this time period, the City and
Consultant will negotiate a supplement to this Agreement.
5. The Consultant can utilize existing field office space for the Southcenter Parkway Extension,
assuming that the physical work occurs during the summer of 2011 at no additional cost to
the City. Should the work be delayed beyond the schedule of the Southcenter Parkway
Extension Project, The City may provide field office space, or the Consultant can provide a
construction office. Should the Consultant provide a separate field office (other than the
Southcenter Parkway Extension field office), it will be considered Additional Services.
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6. The budget allocations shown on Exhibit B are itemized to aid in project tracking purposes
only. The budget may be transferred between tasks or people, or between labor and
expenses, provided the total contracted amount is not exceeded without prior written
authorization.
7. The budget assumes that Consultant's standard forms, logs, and processes will be used.
The file structure and Inspector's Daily Reports will copy the current format being used on the
Southcenter Parkway Extension Project. Any customization to meet specialized City
requirements will be Additional Services.
B. Items and Services City will provide:
1. Meeting arrangements and facilities for pre -bid and preconstruction meetings.
2. Aerial photography.
3. Any available plans and permits from the original 2009 installation.
4. SEPA processing, postings, and determination.
5. Subconsultant will serve as authorized agent to the City on permit applications; however, all
permits will be signed by the City of Tukwila.
6. Review and written comments on all design submittals.
C. Scope
1. Neither specialized engineering studies (structural, geotechnical, traffic), nor reconstruction of
the permanent levees or work requiring specialty geotechnical or structural review and
analysis are anticipated or included in this scope of services.
2. Environmental documentation or permits beyond what is described are not anticipated or
included in this scope of services.
3. No pre -bid meeting is anticipated as part of this project.
4. Constructability Review of design documents will be for constructability, for general
conformance with the design concept, and for contradictions and inconsistencies between the
various parts of the design documents. This review will not include review of the accuracy or
completeness of details, such as quantities, dimensions, weights, gauges, or fabrication
processes; and will not include quantity takeoffs.
5. Consultant will provide observation services for the days /hours that their Inspector(s)
personnel is /are on -site. The Inspector(s) will not be able to observe or report construction
activities or collect documentation during the time they are not on -site.
6. 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 Contractor's 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.
7. Definitions and Roles. The use of the term "inspect" in relation to Consultant's services is
synonymous with "construction observation, and reference to the "Inspector' role is
synonymous with "Field Representative" and means: performing on -site observations of the
progress and quality of the Work and determining, in general, if the Work is being performed
in conformance with the Contract Documents; and notifying the City if Work does not conform
to the Contract Documents or requires special inspection or testing.
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8. Because of the prior use of the Project site, there is a possibility of the presence of toxic or
hazardous materials. Consultant shall have no responsibility for the discovery, presence,
handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to
toxic or hazardous materials, in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. If
the Consultant suspects the presence of hazardous materials, they will notify the City
immediately for resolution.
9. Review of Shop Drawings and other Construction Contractor submittals is not intended as an
approval of the submittals if they deviate from the Contract Documents or contain errors,
omissions and inconsistencies, nor is it intended to relieve the Construction Contractor of
their full responsibility for Contract performance, nor is the review intended to ensure or
guarantee lack of inconsistencies, errors, and /or omissions between the submittals and the
Contract requirements. This review will not include review of the accuracy or completeness
of details, such as quantities, dimensions, weights, or gauges, fabrication processes,
construction means or methods, or coordination of the work with other trades, all of which are
the sole responsibility of the Construction Contractor. Review of a specific item will not
indicate that the Consultant has reviewed the entire assembly of which the item is a
component.
10. 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.
11. Development of construction schedules and /or sequencing, and /or reviewing and
commenting on Contractors' schedules, is for the purpose of estimating number of days to
complete a project, and for identifying potential schedule and coordination challenges and
determining compliance with the construction contract. It is not a guarantee that a
Construction Contractor will complete the project in that sequence or timeline, as means and
methods are the responsibility of the Construction Contractor.
12. 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. The Consultant does not have responsibility for the professional quality
or technical adequacy or accuracy of the design plans or specifications, nor for their timely
completion by others.
IV. OPTIONAL SERVICES
All services not detailed above, are considered Optional Services, which, along with any other Additional
Services requested by the City, will be performed only when a mutually negotiated Supplement to this
Agreement is executed, specifying scope of services and budget. Potential Optional Services include:
A. Permit acquisition
B. Environmental documentation
C. Additional surveying
D. Geotechnical review
E. Structural review
F. Public Involvement support
1. Additional public outreach
2. Coordinate media releases and traffic advisory updates
3. Develop and maintain Project website, updating project progress monthly
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4. Provide periodic notification newsletters to affected property owners on upcoming work, and
include contact numbers
G. 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 Construction Contractor involving claims
and legal complaints, or a significant amount of defective or rejected work. A "significant
amount" 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 Construction 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 Construction Contractor.
4. Assistance to legal, financial, or other consultants engaged by the City 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.
H. Prepare additional copies of approved drawings, specifications, and other contract documents,
either for bidding purposes, or as requested by the City.
I. Drafting of Procedures, or Operations and Maintenance Manual(s).
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EXHIBIT B
CONSULTANT FEE DETERMINATION SUMMARY SHEET
(Cost Plus Multiplier)
Project: Tukwila Levee Repair and Maintenance Project
KBA RATES (Loaded)
2011 Classification
Principal
Contract Specialist
Resident Engineer
Office Engineer Document Controls
Inspector
Project Support
Permit Specialist
TOTAL KBA LABOR
Hours
DSC Rates
Est. Cost Totals
138
x $192.00
26,496
60
x $102.00
6,120
180
x $115.00
20,700
124
x $80.00
9,920
480
x $90.00
43,200
8
x $99.00
792
48
x $135.00
6,480
1,038
113,708
KBA REIMBURSABLES
Vehicles
Mileage
Misc: Supplies, Postage, Courier
SUBCONSULTANT COSTS
KPG
Project Manager
Project Engineer
Engineer
Technician
Survey Crew
Admin
KPG Subtotal Labor
KPG Reimbursables
KPG TOTAL
Materials Testing (TBD)
Subconsultant Mark -up (5
TOTAL SUBCONSULTANT
MANAGEMENT RESERVE (0
GRAND TOTAL
The budget presented uses 2011 rates and assumes design /bid /construction will occur in 2011. Rates will adjust anually on January 1st should work continue beyond
2011, which may affect the stated budget.
PREPARED BY: Mike Roberts 6/8/11
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2,100
150
392
2,642
123
$187.92
23,114
312
$155.30
48,454
308
$112.93
34,782
396
$91.76
36,337
24
$139.94
3,359
115
$67.78
7,795
1,278
153,840
4,160
158,000
15,000
8,650
181,650
298,000
The budget presented uses 2011 rates and assumes design /bid /construction will occur in 2011. Rates will adjust anually on January 1st should work continue beyond
2011, which may affect the stated budget.
PREPARED BY: Mike Roberts 6/8/11
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