HomeMy WebLinkAbout18-199 - KPG Inc - 2019 Overlay Program DesignCity of Tukwila Agreement Number: 18-199(b)
y Council Approval 5/20/19
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment #2
Between the City of Tukwila and KPG, P.S.
That portion of Contract No. 18-199(a) between the City of Tukwila and KPG, P.S. is
hereby amended as follows:
Article 2, Scope of Services, shall be supplemented with the following:
The Consultant agrees to provide construction .services in accordance with the scope of work included as
Exhibit A-2.
Article 3 - Duration of Agreement; Time for Performance shall be modified as follows:
This Agreement shall be in full force and effect for a period commencing upon execution and ending
December 31, 2019, unless sooner terminated under the provisions hereinafter specified. Work under this
Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant
shall perform all services and provide all work product required pursuant to this Agreement no later than
December 31, 2019 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-2, attached hereto,
provided that the total amount of payment to the Consultant for this work not exceed $179,576.00 without
express written modification of the Agreement signed by the City. The new total contract shall not exceed
$350, 308.00 without express written modification of the Agreement signed by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this . ` -day of
CITY OF TUKWILA
Allan Ekberg, Mayor - ° ""X
ATTEST/AUTHENTICATED
Christy O'Flahert�, MMC, City Clerk
20
CONTRACTOR
Printed Name: .Q i
APPROVED AS TO FORM
Office of the City Attorney
a
CA Revised December 2016 Page 1 of 1
EXHIBIT A-2
Construction Management
Services
Scope of Work
April 18, 2019
City of Tukwila — 2019 Overlay
Program
This work will provide construction management services for the construction contract to complete the City
of Tukwila — 2019 Overlay Program. These services will include design support, project management,
documentation control, inspection, materials testing, 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:
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, a full-time inspector, project design staff as needed, and a sub -consultant to
provide services for materials testing. It is anticipated that full-time site observation will be required
for the entirety of the project, which includes night work on select sites.
• 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 two
weeks for preconstruction service, eight weeks for construction services, and two weeks for project
closeout and record drawing preparation. 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.
• It is anticipated that the Contractor will do all public outreach, and ensure affected business and
residents are notified of impending contractor activities one week prior to work.
• 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 as required.
City of Tukwila — 2019 Overlay Program Page 1 of 7 KPG
Construction Management Services Project Number 18161
Scope of Work 411912019
EXHIBIT A-2
• 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 invoicing. This effort will
include the following elements.
• Organize and layout work for project staff.
• Review monthly expenditures and CM team scope activities. Prepare and submit invoices describing
CM services provided each month.
Deliverables
• Monthly invoices 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
Contractor and the City:
o Preparation to include mobilization and clearing and grubbing
City of Tukwila — 2019 Overlay Program Page 2 of 7 KPG
Construction Management Services Project Number 18161
Scope of Work 411912019
EXHIBIT A-2
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:
i. Observe technical conduct of the construction, including providing day-to-day contact with
construction contractor, City, utilities, and other stakeholders, and monitor for adherence to
the Contract Documents. The Consultant's personnel will act in accordance with Sections
1-05.1 and 1-05.2 of the Standard Specifications.
ii. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes, and notify construction contractor of noncompliance.
Advise the City of any non -conforming work observed during site visits.
iii. Document all material delivered to the job site in accordance with the contract documents.
iv. Prepare daily inspection reports, recording the construction contractor's operations as
actually observed by the Consultant; includes quantities of work placed that day,
contractor's equipment and crews, and other pertinent information.
V. Interpret Contract Documents in coordination with the City and KPG.
vi. Resolve questions which may arise as to the quality and acceptability of material furnished,
work performed, and rate of progress of work performed by the construction contractor.
vii. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
viii. Prepare field records and documents to help assure the Project is administered in accordance
with the funding requirements.
ix. 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).
X. Attend and actively participate in regular on -site weekly construction meetings.
A Take periodic digital photographs during the course of construction, and record locations.
xii. Coordinate with the City's maintenance personnel.
xiii. Punch list. Upon substantial completion of work, coordinate with the Client and affected
agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final
inspection with those agencies.
Assumptions:
• Consultant will provide 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
City of Tukwila —2019 Overlay Program Page 3 of 7 KPG
Construction Management Services Project Number 18161
Scope of Work 411912019
EXHIBITA-2
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.
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
City of Tukwila — 2019 Overlay Program Page 4 of 7 KPG
Construction Management Services Project Number 18161
Scope of Work 411912019
EXHIBITA-2
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 Contractors 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 to the design
team to make revisions in AutoCAD and prepare record mylars.
M. Physical Completion Letter: Following completion of all punchlist work, prepare physical
completion letter to the contractor, and recommend that City and/or Utilities accept the project.
N. Project Closeout: Transfer all project documents to the City for permanent storage.
• Schedule review comments
• As -built schedule
• Meeting agendas and notes
• Monthly Pay Estimates
• Subcontractor Packets
• Cost Projection
• Physical Completion Letter
• Final Project Documents
• Record Drawings (AutoCAD, .pdf, and 1 full size mylar copy)
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
City of Tukwila — 2019 Overlay Program Page 5 of 7 KPG
Construction Management Services Project Number 18161
Scope of Work 411912019
EXHIBIT A-2
• 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
• Change Order(s)
• Case Management Log
• RFI Log
• Minor Change Order(s)
• Force Account Records
City of Tukwila —2019 Overlay Program Page 6 of 7 KPG
Construction Management Services Project Number 18161
Scope of Work 411912019
HOUR AND FEE ESTIMATE EXHIBIT B-2
Project: City of Tukwila K P G
2019 Overlay ProgramA k
aT
Amendment No. 2 - Construction Services
I - Management, Coordination, Administration (Estimated duration 12 weeks)
Weekly level of effort by Classification 2 2 0 0 0 0 0 1 0 T 2 1
I I I I I I I -F I I
Preconstruction Budget Estimate 1 24 1 24 ( 0 0 1 0 1 0 1 0 1 0 1 24 1$ 9,456.00 1
3 - Preconstruction Services (Estimated duration 2 weeks)
Weekly level of effort by Classification 1 0 1 8 1 8 1 0 0 1 8 1 0 1 12 T 4 1
I I I I I I I I 1
1 Preconstruction Budget Estimate 0 1 16 1 16 0 0 1 16 0 1 24 8 1$ 9,440.00 1
4 - Construction Services (Estimated duration 8 weeks)
Weekly level of effort by Classification
4
1 20 1
16 1
0 1
0
1 60 1
0
1 20 1
8 1
1
1
1 (
1
I I
I
I
Construction Period Budget Estimate 1
32
160 1
128 1
0 1
0
1 480 1
0
1 160 1
64 1$ 120,448.00 1
5 - Closeout/Record Dwg Services (Estimated duration 2 weeks)
Weekly level of effort by Classification 0 16 4 8 8 24 ( 0 ( 16 4
I I I I I I I I I I I
1 Closeout / Record Dwg Budget Estimate 1 0 1 32 1 8 16 16 1 48 0 32 8 $ 18,232.00
..... # - :: 21 ... , . T04 °$.. 457 576.bfl
Reimbursables & Subconsultants
Material Testing Allowance $ 20,000.00
Construction Vehicle Mileage $ 1,000.00
Miscellaneous - Repro, Field Supplies $ 1,000.00
4/23/2019
City of Tukwila Agreement Number: 18-199(a)
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and KPG Inc.
That portion of Contract No. 18-199 between the City of Tukwila and KPG Inc. is amended
as follows:
Article 2, Scope of Services, shall be supplemented with the following:
The Consultant agrees to provide design services in accordance with the scope of work included as
Exhibit A.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto,
provided that the total amount of payment to the Consultant for this work not exceed $14,560.00
without express written modification of the Agreement signed by the City. The new total contract
shall not exceed $170,732.00 without express written modification of the Agreement signed by the
City.
All other provisions of the contract shall remain in full force and effect.
20 Pft)
Dated this day of
CITY OF TUKWILA
CONTRACTOR
Allan Ekberg, Mayor Printed Name:
Page 1 of 1
City of Tukwila
2019 Overlay Program
Supplement No. 1 — Andover Park E Pavement Repair
Scope of Work
November 21, 2018
The Consultant shall prepare final Plans, Specifications and Estimates for the pavement
restoration of Andover Park E in accordance with the attached site location map. Work
shall be incorporated into the 2019 Overlay Program as a separate bid schedule.
SCOPE OF WORK
4.1 The Consultant shall prepare base maps and design for overlay/reconstruction
improvements on Andover Park E between Baker Blvd and Strander Blvd. Overlay
plans for Andover Park E will be included in a separate bid schedule and bid as part
of the 2019 overlay program. Limits of repairs will be determined in collaboration with
the City.
4.2The Consultant shall provide necessary management and coordination to HWA
Geosciences Inc. Work shall include review of reports and providing information
such as plans, figures, and details to the geotechnical sub consultant as required to
complete the geotechnical investigation and report per the attached Scope of Work
from HWA Geosciences Inc.
City of Tukwila KPG, Inc.
2019 Overlay Program Page 1 of 1 November 2018
EXHIBIT B
PRIME CONSULTANT COST COMPUTATIONS
City of Tukwila
2019 Overlay Program
Supplement No. 1 - Andover Park E Pavement Repair
November, 2018
Int, rdisuiplinary Design
Task
No.
Task Description
Labor Hour Estimate
Total Hours and Labor '.
F-s00ma#atiyTask
Principal
; Survey Mgr
Sr. Engineer
Construction
Mgr
Business
Man r
Pro ]ect
EngtSunreyor
Design
Engiriaer
CAD
Technician
Sr. Admin
Enginaering
- FectlNc3an.
Survey Crew lI
Office Admin
$ 225
$ 203
$ 184
$ 163
$ 156
$ 141
$ 12813
11214
112
$ 104
IF 215
$ 92
Hours
Fce
Task 4,c:illndovar Park E Pavement Etepair
4.1
Pre are tans, s — and estimate
2
16
16
4
38
$ 6.202
4.2
Coordination and subcontractor support
2
4
2
1
1
8
$ 1,238
Task Total
4
0
6
0
0
20
16
0
6
0
0
0
46
$ 6,440
Total Labor Hours and Fee
4
0
0
0
0
20
16
0
6
0
0
0
46
1 $ 6,440
i1
Subconsuitents
HWA Geosciences Inc.
$ 7,920.00
Total Subconsultant Expense
$ 7,920.00
Reimbursable Direct Non -Salary Costs
Mileage at current IRS rate
$ 100-00
Reproduction Allowance
$ 100.00
Total Reimbursable Expense
I $ 200.00
Total Estimated Budget
$ 14,560.00
FEE ESTIMATE 11121/2018
Project Cost Estimate I H W A R ef: 2018-164
Andover Park E FWD Testing �`M.--_ I HWAGEOSCIENCES INC Date: 21-Nov-18
Tukwila, Washington Val
Pre ared for KPG
Scope of Work
Prepare traffic control plan (TCP) and Right of Way (ROW) use application and submit to city for approval.
Perform FWD testing on each travel lane and turn lane over a linear distance of about 400 feet.
Test spacing will be approximately 10 foot intervals. Testing to consist of 3 drops at each location. GPS readings will be taken at each test location.
FWD results will be analyzed to assess extent of area impacted by broken water main.
FWD results will be analyzed using pavement layer thicknesses provided by the City of Tukwila.
Prepare a spreadsheet presenting the results of field testing (including FWD deflection readings and backcalculated resilient modulus of subgrade).
ort resenting the results Pre are a letter ee of D FWteshn
resenting
ESTIMATED HWA LABOR:
WORK TASK
DESCRIPTION
PERSONNEL
& 2018811LING RATES
TOTAL
HOURS
TOTAL
AMOUNT
$210.00
$200,00
$120,00
$95,00
$95,00
$125,00
$75,00
Consultation/Project Management
2
2
$400
TOTAL LABOR CHARGES:
LABORATORY TEST SUMMARY:
Test
Est. No.
Tests
Unit
Cost
Total
Cost
1
CBR/Proctor
0
$500
$0
LABORATORY TOTAL:
$0
16 14
50 $6,420
ESTIMATED DIRECT EXPENSES:
Mileage C- 0.545/mi
$100
DCP Rental (a $75/day)
$0
FWD Rafe(c $250/hr)
$1,000
Pavement Coring (@ $50/core)l
$0
Traffic Control (Arrowboard/Signs/Etc)
$400
L aboratory Testin
$0
TOTAL DIRECT EXPENSES:
$1,500
PROJECT TOTALSAND SUMMARY:
Total Labor Charges
Direct Expenses
GRAND TOTAL:
Assumed Conditions:
1. All costs are estimated, and may be increased or decreased within the limits of the total budget at the discretion of HWA's project manager.
2. No Street Use Permits/ROW Use fees will be required.
2018-164 Andover FWD Testing
S15A20
$1.500
$7,920
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. Proiect Designation. The Consultant is retained by the City to perform engineering services
in connection with the project titled '2019 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, 2019, 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, 2019 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 $156,172.00 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.
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 Azainst 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. Assh!nmen . The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant,
B. In the event of the death of a member, partner Or officer of the Consultant, Or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1-2013 Page 4
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG
3131 Elliott 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.
DATED this day of 1"Y) 201g.
CITY OF TUKWILA
Attest/Authenticated:
City Clerk, Ch4siy &Flaherty
CONSULTANT
By.
Printed Name:Nelson Davis, KPG
Title: Principal
Approved as to Form:
Office of the City Ati'0'-M'ey
CA revised : 1-2013 Page 5
City of Tukwila
2019 Overlay Program
Scope of Work
September 25, 2018
The Consultant shall prepare final Plans, Specifications and Estimates for the 2019
Overlay Program. Specific projects will be determined from the following list of
candidate streets:
Li E Marginal Way
Li S 200th Street
Li S 1281h Street
Li 51 st Avenue S
Li S 1371h Street
Li 52nd Avenue S
Li 55 th Avenue S
Norfolk to end of new pavement
Orillia Road to Southcenter Parkway
Military Road to approx. 650' East
S 137th Street to S 138 th Street
Macadam Road to 43rd Avenue S
Interurban to S 51st Street
S 144th Street to S 14 oth Street
Project base maps for S 128 th Street and 51st Avenue S were substantially completed in
2018 with additional detail required for channelization and ADA compliance. The
Consultant shall provide all necessary field reviews, base mapping, and utility
notification required to complete final bid documents for the 2019 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 2019 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
50% design to verify the final project list to be included in the 2019 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.
2019 Overlay Program Page 1 of 4 September 2018
Assumptions for the 2019 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.
• Environmental Documentation will not be required.
Deliverables
• 50% review submittal with Plans and Estimate (6 copies)
• 90% review submittal with Plans, Specifications, and Estimate (6 copies)
• Routing of 50% and 90% Plans to utilities for review and comment.
• Bid Documents and Engineer's Estimate for 2019 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.
• Draft and final pdf of Pavement Management Plan update
SCOPE OF WORK
i 4UW-1VAUZT9TeJX-Y,
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.
1.2The Consultant shall field review base maps that were prepared in 2018 for accuracy.
The Consultant shall prepare base maps for all other project locations using field
measurements, available record drawings, and/or ortho-photography. Topographic
survey will be utilized only at ADA ramp locations where field conditions require it to
meet ADA compliance
City of Tukwila KPG, Inc.
2019 Overlay Program Page 2 of 4 September 2018
1.3The Consultant shall prepare 50%, 90%, and final Plans for the proposed
improvements including the following:
• 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.
1.4The 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 50% Submittal to determine final
project segments.
1.5The Consultant shall prepare the Contract Specification per 2018 WSDOT Standard
Specifications for the 90% Review Submittal and the Bid Documents.
1.6The Consultant shall distribute 50% and 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.
2019 Overlay Program Page 3 of 4 September 2018
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 2019 overlay program.
Limits of repairs will be determined in collaboration with the City to achieve an
approximate $100,000 construction budget.
TASK 3 — PAVEMENT MANAGEMENT PLAN UPDATE
3.1 The Consultant shall provide necessary management and coordination to Didrik Voss,
PE for update of the City's pavement management program. Work shall include rating
of all street segments within the City of Tukwila, update of data files in pavement
management software, and data analysis. Didrik Voss will prepare a draft and final
report containing recommendations for appropriate funding levels for ongoing
maintenance of the roadway system.
City of Tukwila KPG, Inc.
2019 Overlay Program Page 4 of 4 September2018
'�ty of Tukwfla
.0
2019 Overlay Prograrn
Atler4 Street Candidates
Residential Street Candidates
EXHIBIT 8
PRIME CONSULTANT COST COMPUTATIONS
City of Tukwila
2019 Overlay Program
September, 2018
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FEE ESTIMATE .212018