HomeMy WebLinkAbout18-167 - KPG Inc - East Marginal Way & South 87th Signal Pole DesignCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 18-167
Council Approval N/A
CONSULTANT AGREEMENT FOR
DESIGN 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 Emergency design
and testing services in connection with the E. Marginal Way & S.87th pl Signal Pole
Knockdown.
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 within 60 days, 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 Dec 31St, 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 $18,176.00 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 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.
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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 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.
Z, 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.
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.
CA revised : 1-2013
Page 2
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.
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.
CA revised : 1-2013
Page 3
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.
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:
Jan Ciganik
KPG, P.S.
3131 Elliott Avenue, 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.
CA revised : 1-2013
Page 4
DATED this day of OCt O
CITY OF TU ILA
ry ash, Director of Publ.
10-5-16
m'-yar 4 114100;1‘.
CA revised : 1-2013
CONSULTANT
By: aAki
Printed Name: C(C-144---1 tom.
Title: ✓� • CC 1 r.Le.e.K..
, 20J
Page 5
Exhibit A
Scope of Work
City of Tukwila
E Marginal Way & S 87t'' PI Signal Pole Knockdown
(August, 2018)
KPG is pleased to provide engineering services for knockdown signal pole at E Marginal Way &
S 87th PI intersection and help with temporary provisions to make existing pole operational until
new pole and equipment is available. The specific scope of services is summarized below:
SCOPE OF WORK
1. Management / Coordination / Administration
The Consultant shall provide continuous project management and administration for the
duration of the Project, provide coordination among City Traffic Maintenance, Engineering
Departments, Consulting Structural Engineer and arrange downed pole damage inspection.
2. Temporary Signal Pole Provisions
The Consultant shall assess the existing signal pole condition by meeting with the Traffic
Maintenance division on the site and visually inspecting the pole damage. Based on the
condition of the pole, existing foundation and anchor bolts, the Consultant will suggest a
course of action towards enabling temporary activation of existing signal system, including
existing plans review, calculations of windloads, possible re -phasing of existing signal and re-
arrangement of existing signal equipment. Assumptions: City's Signal Maintenance Division
shall arrange for installation of new anchor bolts and the existing signal pole shall be re -usable
and shall be installed by the City.
3. Existing Pole Inspection
The Consultant shall coordinate with a pole inspection specialist for radiographic and
magnetic particle inspections and provide the results to the City and the Structural Engineer.
4. Structural Engineering Services
The Consultant shall coordinate with a Structural Engineer for examination of re -use of
existing pole, preparation plans, calculations and approach of installation of new anchor bolts
into existing cantilevered foundation and construction supervision during the anchor bolt
installation (Exhibit C). Assumption: Existing foundation shall be re -used.
E Marginal Way & S 87th PI
Signal Pole Knockdown August 2018
Page 1 of 2
5. Permanent Signal Pole Design and Installation
The Consultant shall prepare a signal pole specification sheet for the City to procure new
signal pole and all necessary signal equipment to make the signal fully operational. Also, the
Consultant shall provide any advisory services to the City during the signal conversion from
temporary to permanent. Assumption: the City's Signal Maintenance Division shall install new
pole and associated signal equipment.
Deliverables
• Existing downed traffic signal pole inspection report;
• Structural plans and calculations for permanent pole and anchor bolt design;
• Traffic signal plans and pole specifications sheet.
Budget
Work will be performed on a time and material basis and shall not exceed $18,176 without
prior authorization from the City. A breakdown of estimated hours, hourly rates, and
reimbursable expenses is attached (Appendix B).
Additional Services
The City of Tukwila may require other services of the Consultant. These services could include
preparing construction documents to advertisement and bid, cost estimate, environmental
documentation, or other work tasks not included in this 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.
Thank you for considering KPG to assist you with this project!
E Marginal Way & S 87th PI
Signal Pole Knockdown August 2018
Page 2 of 2
EXHIBIT B
PRIME CONSULTANT COST COMPUTATIONS
Client: City of Tukwila
Project E Marginal Way & S 87th PI Signal Pole Knockdown
KPG PROJECT NUMBER: 18128
DATE: August, 2018
Interdisciplinary Design
Task
Na
Task Description
Total Hours and tabor Fee
Estimate by Task
Sr. Engineer
CAD
Technician
()thee Admin
S 184.00
S 112.00
$ 112.00
Hours
Fee
Task 1 -Project Management / Coordination / Administration
1 __ I Project Management / Coordination / Administration
2
0
3,5
5.5
S 760.00
Task Total
2
0
3.5
5.5
$ 760100
Task 2 - Temporary Signal Pole Provisions
2 'Temporary Signal Pole Provisions _
10
0
0
- 10
$ 1,840.00
Task Total
10
0
0
10
$ 1,840.00
Task 3 --Existing Pole Inspection
3 !Existing Pole Inspection (reimbursables - see Appendix D
-
$ 1,096.72
Task Total
_
$ 1,096.72
Task 4 --Structural Engineering Services
4 _IStructu_ ral Engineering Services (reimbursables - see Appendix C)
$ 12,742.85
Task Total
$ 12,742.85
Task 5 - Permanent Signal Pole Design and Installation
5 )Permanent Signal Pole Design and Installation
7
4
0
11
S 1.736.00
Task Total
7
4
0
11
$. 1,736.00
Total Labor Hours and Fee
19
4
4
27
$ 18,175,57
Reimbursable Direct Non -Salary Costs
Total Estimated Budget
$ 18,175.57
Interdisciplinary Design
3131 Elliott Avenue Suite 400
Seattle, WA 98121
P I 206.286.1640
www.kpg.com
City of Tukwila Invoice number 916018
Department of Public Works Date 09/25/2018
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188 Project 18128 Signal Pole Knockdown/Repair
Professional services through 09/25/2018
SUMMARY OF WORK PERFORMED DURING THIS REPORTING PERIOD:
- Coordinated temporary signal operations.
- Pole inspection.
- Structural Engineer coordination.
- Preparation of pole specifications plan.
Professional Fees
Senior Engineer
CAD Technician
Senior Admin
Consultant
CivilTech Engineering Inc
Inv 181116
MISTRAS Group, Inc.
Inv CD 10940310
Billed
Hours Rate Amount
19.00
4.00
3.50
184.00
112.00
112.00
3,496.00
448.00
392.00
Professional Fees subtotal 26.50 4,336.00
Cost Billed
Amount Multiplier Amount
12,742.85 12,742.85
1,096.72 1,096.72
Consultant subtotal 13,839.57 13,839.57
Invoice total
18,175.57
City of Tukwila
Project 18128 Signal Pole Knockdown/Repair
Invoice number 916018
Date 09/25/2018
Invoice Summary
Description
Budget Total Previous Contract Amount
Amount To Date To Date Balance This Invoice
1. Project Management/Coord/Admin
2. Temporary Signal Pole Coordination
3. Existing Pole Inspection
4. Structural Engineering Services
5. Permanent Signal Pole Design & Installation
760.00
1,840.00
1,096.72
12,742.85
1,736.00
760.00
1,840.00
1,096.72
12, 742.85
1,736.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
760.00
1,840.00
1,096.72
12,742.85
1,736.00
Total 18,175.57 18,175.57 0.00 0.00 18,175.57
Aging Summary
Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120
916018 09/25/2018 18,175.57 18,175.57
Approved by:
CLU,
n Ciganik
Project Manager
Total 18,175.57 18,175.57 0.00 0.00 0.00 0.00
Thank you for allowing KPG to some BECU.
If you have any questions regarding this invoice, please call me at (206) 286-1640.
CIVILTECH
•
400 - 112th Ave NE, Suite 120
Bellevue, WA 98004
Tel. (425) 453-6488
Fax. (425) 453-5848
CivilTech Project #:
Project Name:
Invoice Period:
Invoice Number:
Invoice Date:
Client Contact Information:
KPG, Inc.
Attn: Suzy Rowe
3131 Elliott Avenue
Suite 400
Seattle, WA 98121
18025
City of Tukwila - E Marginal Way & 86th Signal Pole Repair
7/1/18 - 8/31/18
181116
September 24, 2018
Professional Services Fee:
EMPLOYEE
Dustin Ong
Mike Helminger
Eryn Rossa
Direct Expenses
Sflllnp Summary
Total Contract Budget
Previously Billed -to -Date:
Current Invoice Amount:
Cumulative Billed -to -Date:
Budget Remaining
TITLE
Principal
Project Engineer
Project Engineer
Subtotal Hours
Mileage
TYPE
HOURS
4.0
18.0
104.00
126.00
Overhead Rate @
Fixed Fee Rate @
$18,105.70
$0.00
$12.742.85
$12,742.85
$5,362.85
RATE
x $62.50
x $45.19
x $34.61
142.91%
30.00%
DSC + OH + FF:
EXTENDED
$ 250.00
$ 813.42
$ 3,599.44
$ 4,662.86
$ 6,663.69
$ 1,398.86
$ 12,725.41
QUANTITY RATE COST
32 x $0.545 $ 17.44
Direct Expenses Total: $ 17.44
Invoice Total:
$ 12,742.85
CIVIITECH
MEI
City of Tukwila - E Marginal Way & 86th Signal Pole Repair
CTE Project #18025
CivilTech Invoice #1811 Ib
Progress Report for Services between July 1 and August 31, 2018
400 — 1121h Ave NE
Suite 120
Bellevue, WA 98004
Tel: 425.453.6488
Fax: 425.453.5848
Works Accomplished/Performed During Current Invoice Period
■ Conducted site visit to examine damaged signal pole
■ Coordinated with weld and metal inspection companies to examine damaged pole
■ In-house coordination for design/calc efforts required
■ Finalized design for anchor layout
■ Prepared calculations, drawings, and memorandum of findings
■ QC review
Outstanding Issues/Needs
▪ None
era
C1VILTECH CIVILTECH MILEAGE & PARKING LOG
Employee Name: Do5+1Yi. OkiQi
office
use only
M T
M T
M T
M T
M T
M T
M T
M T
M T
M T
M T
M T
M T
M T
M T
M T
Date
_ Project #
Origin _
Destination _
Purpose of Trip - -
Odometer Reading
Total Trip
Miles
Beginning
Ending
77igMr8
9D2-5
FeIkv —
t kwi/
5r-le-- visit -
32 ?-
32/grR
32--
or
Date
Project #
Parking Fee
Purpose
Total Parking Fees
Mileage Reimbursement Rate is $.545 for 2018 per WSDOT's Travel
Allowances.
Please attach parking receipts for reimbursement.
Note: In order to receive a reimbursement for your mileage, you must
complete all of the requested information. Thank you for your cooperation.
Total Miles Driven
Total Miles Driven x $.545 = $
Total Parking Fees $ -
Total Reimbursement Request $
OFFICE USE: Amount Paid $
Date Paid
Employee Signature
I certify that the reimbursement request for mileage and/or parking is accurate and for business related purposes.
MIS■ i1, )S Services
A World of NDT Solutions Division
7820 SOUTH 210TH ST
SUITE 110
KENT WA 98032
PHONE # 206-764-8123
FAX # 206-764-8124
INVOICE ADDRESS:
KPG P.S.
3131 ELLIOTT AVE
SUITE 400
SEATTLE WA 98121
RT- SE 75 2 MAN CREW - ST
4.5X17 FILM
COMPANY VEHICLE
NOTES:
REMITTANCE INFORMATION
CHECK:
MISTRAS Group Inc.
P.O. Box 405694
Atlanta, GA 30384-5694
PROJECT NUMBER
INVOICE
DESCRIPTION
RECEIVED ON
JUL 31 2018
BY KPC INC PS
INVOICE NUMBER:
INVOICE DATE:
DUE DATE:
CUSTOMER NO.:
P.O. NUMBER:
ORDER NUMBER:
YOUR REFERENCE:
C010940310
07/31/2018
08/30/2018
70036078
18128
T56158
QTY UNIT
6.00 hr
4.00 ea
1.00 day
PLEASE INCLUDE THE INVOICE NUMBER WITH YOUR REMITTANCE
INTERNATIONAL PAYMENTS: DOMESTIC PAYMENTS:
ACCT NAME: MISTRAS
Swift No.: BOFAUS3M
ACCT NO: 003812670175
ACCT NAME: MISTRAS
For ACH ABA No.: 021200339
For Wire ABA No.: 026009593
ACCT NO: 003812670175
Page 1 of 1
UNIT PRICE TOTAL
165.000
9.180
70.000
TOTAL EXCLUSIVE
OF TAX:
TOTAL TAX:
INVOICE AMOUNT
TO PAY:
990.00
36.72
70.00
1,096.72
0.00
1,096.72
BANK: Bank of America, N.A. Cranford, NJ USA
We hereby certify that these.goods were produced in compliance with all applicable requirements of Section 6, 7 and 12 of the Fair Labor Standards Act, as amended. and of regulations and orders of the
United States Dept of Labor issued under Section 14 thereof. Claims for shortages, or defective products, must be made within 5 days, All orders are subject to our Standard Terms and Conditions of Sale
which are available upon request. Refer to invoice number including prefix on all correspondence, etc. A service charge 011 1/2% per month (18% per annum) will be charged on all invoices over 30 days
One Soars. re.A.r.t Protection Soistrtions
4
MISTRAS