HomeMy WebLinkAbout11-149 - KPG Inc - 2012 Overlay and Repair Program / Engineering DesignSUPPLEMENTAL AGREEMENT No. 2
AGREEMENT NO. 11-149 C b )
PROJECT No. 91210401
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
11-149(b) royal NIA
Council App
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
PROJECT: 2012 Overlay Program — Contract Time Extension
This SUPPLEMENTAL AGREEMENT NO. 2 is to supplement the agreement entered into with KPG,
Inc. and the City of Tukwila, which was executed on the 23rd day of November, 2011.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be supplemented with the following:
No changes to Scope of Services; however, additional time is required for completion of Record Drawings
and Pavement Management Support items included in the original Contract and Supplemental Agreement
No. 1.
Article 3, Time for Performance, shall be supplemented with the following:
Time for completion shall be extended to December 31, 2012 by this Supplemental Agreement No. 2.
Article 4, Payment, shall be modified as follows:
There is no additional payment associated with this Supplemental Agreement No. 2.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day
of 4 H . , 2012.
APPROVED:
CITY OF TUKWILA
Attested:
Christy O'Flaherty, City Cler
APPROVED:
KPG, INC.
Nelson Davis, P.E.
Principal
SUPPLEMENTAL AGREEMENT NO. 1
AGREEMENT NO. 11-149 C�
PROJECT NO. 91210401
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
11-149(a)
Council Approval N/A
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
PROJECT: 2012 Overlay Program — Construction Support
This SUPPLEMENTAL AGREEMENT NO. 1 is to supplement the agreement entered into with KPG,
Inc. and the City of Tukwila, which was executed on the 23`d day of November, 2011.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be supplemented with the following:
The Consultant agrees to provide on-call construction support services as requested by the City 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 $20,261.46 without
express written modification of the Agreement signed by the City. The new total contract shall not exceed
$100,248.33 without express written modification of the Agreement signed by the City. ��
IN W SS WHEREOF, the parties hereto have set their hands and seals this /J�l day
of 3 , 2012.
APPROVED:
CITY OF TUKWILA
Attested:
CiA/ktp,t
Christy O'Flahe, City Clerk
APPROVED:
KPG, INC.
•
Nelson Davis, P.E.
Principal
/54 -do a a2 G/fU
Exhibit A
City of Tukwila
2012 Overlay Program
Supplement No. 1
Construction Support
Scope of work
June 22, 2012
The Consultant shall provide on-call Construction Engineering support services for the 2012
Overlay Program. AM effort on this project will be as requested by the City or City assigned
Construction Manager. It is anticipated that budgets between Tasks will be adjusted as required to
provide the requested services. The Consultant shall provide notification and receive written
approval prior to exceeding the approved project budget. The scope of services and associated
cost of services (Exhibit B) are based upon the assumptions outlined below.
A. The Consultant shall provide project management of consultant staff and prepare progress
reports to be included with the monthly invoices.
B. Prepare for and attend pre -construction conference with the City, Construction Manager,
Contractor, and affected utilities. Meeting arrangements will be by the City.
C. The Consultant shall provide the on-call field support to the City inspector for the duration of
construction. The level of effort for field support time is estimated at 4 hours per week for
the contract duration.
D. The Consultant shall review material submittals and RFI's provided by the Contractor as
requested by the City. Submittals pertaining to contractor means, methods, and
sequencing (traffic control, erosion control, etc.) will be reviewed by the City.
E. The Consultant shall review change conditions as they arise and make recommendation to
the City for field changes/change orders.
F. Prepare Record Drawings for the 2012 Overlay Program based on redline drawings
provided by the City.
G. The budget includes an allowance for geotechnical review of poor subgrade soil conditions
as shown in Exhibit B. Geotechnical review, if required, will be provided by a subconsultant
to the Consultant.
Deliverables:
Items to be provided by the Consultant:
• Documentation from site meetings, change conditions, and field directives.
• Change orders, if required.
• Full size Record Drawing mylars, 2012 Overlay Program
HOUR AND FEE ESTIMATE
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11-149
Council Approval 11/21/11
CONSULTANT AGREEMENT FOR
ENGINEERING DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City", and KPG, Inc., hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, teinis, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform engineering design
services in connection with the project titled 2012 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. 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 365 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 $79,986.87 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.
/ 5/ f ' 7,(/6//V-5
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 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 act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance 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.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice 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
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
2
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, 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 attorneys fees, incurred in such suit from the losing
party.
3
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
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 ./(,� day of nii, ✓D h -Pc' , 2011
CITY OF TUKWILA
Attest/Authenticated:
'FJOISP
Christy O'Flaherty, CMC, City Cler
CONSULTANT
By:
Nelson Davis,
Principal
Title:
Approved as to Form:
4
EXHIBIT A
City of Tukwila
2012 Overlay Program
Scope of Work
November 1, 2011
PROJECT DESCRIPTION
The Consultant shall prepare final Plans, Specifications and Estimates for the 2012overlay program.
Specific projects will be determined from the following list of candidate streets:
o Tukwila Parkway
bridge)
o S 150th St
❑ Beacon Ave
o Andover Park East
o 49th Ave S
❑ S 114th St
o 41st Avenue S:
Andover Park West to Bahama Breeze (including 61st Ave to S -line
Tukwila International Blvd to 42nd Ave S
Bangor St to S 107th St
Strander to Tukwila Parkway
S 107th St to S 114th St
51st Ave S to 49th Ave S
S 139th Street to north end
The Consultant performed preliminary mapping and design to the approximate 30% level of completion
for budget estimating purposes in 2011. Design and specifications for all project segments will be
completed through the 90% and final bid documents. Projects will be included in the 2012 overlay
program for a total construction budget of approximately $1 Million.
The Consultant shall provide all necessary field reviews, base mapping, and utility notification required to
complete final bid documents. The Consultant shall also prepare the bid tabulation, check low bidder(s)
references, and provide a recommendation for award to the City.
Projects will be bid as a single bid package as budget allows. Projects may be re -prioritized or deferred to
a future overlay program based on available budget and other considerations. Detailed estimates will be
prepared at the 90% design to verify the final project list to be included in the 2012 Overlay Program.
An allowance is included to provide support to the City's pavement management system. This work will
be performed by the Consultant and/or Pavement Engineers Inc. under subcontract to the Consultant as
required.
The City of Tukwila may require other services of the consultant. These services could include additional
design, right of way, 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.
2012 Overlay Program Page 1 of 3 November 1, 2010
SCOPE OF WORK
TASK 1 — MANAGEMENT/COORDINATION/ADMINISTRATION
1.1
1.2
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.
TASK 2 — PREPARE PLANS, SPECIFICATIONS AND ESTIMATE
2.1 The Consultant shall finalize base maps for the all project segments using field
measurements, available record drawings and ortho-photography.
2.2 The Consultant shall prepare 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 thirty (18) 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 APWA standard drawings.
• 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.
• The Consultant shall perform Project site walkthroughs with the City to determine extent
of roadway improvements/resurfacing (Estimate 2 meetings).
• Pavement sections will be determined through consultation with the City's maintenance
staff and previous experience.
2.3 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable
Construction Cost for each review submittal and the bid documents.
2.4 The Consultant shall prepare the Contract Specification per 2012 WSDOT Standard
Specifications.
2.5 The Consultant shall distribute 90% and Final review submittals to franchise utility owners
for utility adjustments within the Project limits.
City of Tukwila KPG, Inc.
2012 Overlay Program Page 2 of 3 November 1, 2010
2.6 The 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..
Assumptions
• Field survey will not be required.
• Typically, only surface utilities requiring adjustment to grade will be shown.
• No federal funding is anticipated for the Project engineering or construction.
• No utility upgrades are anticipated in the project design.
• Drainage & Water Quality Reports will not be required.
• Geotechnical Engineering services will not be required.
• Environmental Documentation will not be required.
Deliverables
• 90% review submittal with Plans, Specifications, and Estimate.
• Bid Documents and Engineer's Estimate
• 6 sets of Plans (11" X 17") and specifications provided for each review submittal.
• 10 sets of Plans (11" X 17") and specifications for the Bid Documents.
• Coordinate upload of Plans and Specifications to Builders Exchange.
TASK 3 —PAVEMENT MANAGEMENT SUPPORT (AS NEEDED)
3.1 The City may require other services of the consultant in updating the City's Pavement
Management Program. This work will be conducted on an as needed basis within the budget
allowances contained in Schedule B. For budgeting purposes, we have included 24 hours of
staff time and a $2,000 allowance for Pavement Engineers under subcontract to the
Consultant.
City of Tukwila KPG, Inc.
2012 Overlay Program Page 3 of 3 November 1, 2010
HOUR AND FEE ESTIMATE
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HOUR AND FEE ESTIMATE
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