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HomeMy WebLinkAbout21-002 - KPG, P.S. - Engineering Services: 2021 Overlay ProgramCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-002(a) Council Approval 6/7/21 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and KPG, P.S. That portion of Contract No. 21-002 between the City of Tukwila and KPG, P.S. is hereby amended as follows: Article 2, Scope of Services, shall be amended with the following: The Consultant agrees to provide construction support services in accordance with the scope of work included as Exhibit A-1. Article 4, Payment, shall be modified as follows: An estimated budget for work provided by Consultant is included as Exhibit B-1, attached hereto, provided that the total amount of payment to the Consultant under this agreement shall not exceed $297,118.00 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 5th day of August , 2021 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor 08/05/2021 Printed Name: Nelson Davis, KPG, P.S. ATTEST/AUTHENTICATED APPROVED AS TO FORM Ch C3/M1 Key: 205,117_ ce2c11,,,,Sec,c1,50,1c1c., Key: c,lelorSOcae00,a5,12,1c,15,10.2JO Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 Construction Management Services Scope of Work City of Tukwila 2021 Overlay Program Amendment #1 Project No: 92110401 This work will provide construction management services for the construction contract to complete Hot Mix Asphalt (HMA) Overlay of up to SEVEN (7) sites, all within the City of Tukwila. Specific tasks shall include, but are not necessarily limited to: Paving with HMA, planing bituminous pavement, removing pavement and pavement repairs; Adjusting surface utilities to grade; installing drainage modifications at two project sites; Installing RRFB system at pedestrian crossing; Installation of traffic loops and junction boxes; installing new channelization and signage; Removing and replacing concrete curbs, sidewalks, driveways, and ramps; providing temporary erosion/water pollution control and all necessary property restoration; Providing all necessary traffic control labor and devices; And, other items necessary to complete the Work as shown on the Contract Documents. This amendment assumes the 2021 design scope is completed to the City's satisfaction and the unused budget amount of $53,000 will be used to offset construction services costs. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The level of service and fee is based on project duration of 2.5 months, or 50 working days with 5 days prior to construction and 10 days for closeout for a total of 65 days. • The proposed project team will include part-time project manager full-time resident engineer, part-time d ocumentation control s pecialist, an d full-time in spector. T eam als o in cludes s ub- consultants to provide services for materials testing. • KPG will utilize the Record of Materials (ROM). This scope of services provides the management of the ROM and scheduling of required materials testing respectively. • City will review and execute the insurance, bonds, and the Construction Contract. • KPG will work with the City's Contractor to conduct all community outreach in relation to phasing and d irect im pacts d ue t o c onstruction. T he C ity's C ontractor s hall b e re sponsible fo r t he communication to the community on schedule and work activities. Exhibit A-1 • KPG design engineers will be available during construction to answer questions and review RAM's, shop drawings, and answer RFI's. • Services will be performed in accordance with the Contract plans & special provisions, and City of Tukwila engineering standards. • City will be responsible for all aspects of PSIPE. This will include monthly PSIPE inspections, final PSIPE acceptance and final PSIPE payment. 11. 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, and ultimately that the City of Tukwila receives a successful Project. TASK 1: MANAGEMENT / COORDINATION /ADMINISTRATION Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures and CM team scope activities. Prepare and submit monthly project progress letters to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s), if any. Deliverables: • Monthly invoices and progress reports TASK 2 Assist City with the award process This task assists the City with vetting the bid package for contract compliance, drafting recommendation of award, and award letter. • Attend bid opening • Review for responsible bids to include o Preparation and review of Bid Tabs for math errors o Verification of the Contractor's ✓ license from the Department of Labor and Industries ✓ City Business License ✓ Current status with their "Certificate of Worker's Compensation Coverage" with the Department of Labor and Industries Exhibit A-1 ✓ Status with the Department of Revenue's "Delinquent Taxpayer List — Western Washington" ✓ Status with the Department of Labor and Industries "Employers That Have Violated Wage Law" ✓ Status that they are not on Labor and Industries "Debarred Contractor's List" ✓ State Excise Tax Registration ✓ Status that they are not shown on Labor and Industries "Contractor Strike List" ✓ Status that they are not on the list of Parties excluded from Federal Procurement or Non -Procurement Programs • Reference Check • Recommendation of Award Letter • Draft Award Letter TASK 3: Administrative Services up to Contractor Notice to Proceed (NTP) Administrative services are required up to NTP to establish procedures, communication and documentation with the City. This task also provides set up of the files, familiarization with the contract, and the beginning of material management and general "kick-off" coordination activities. Work under task 300 includes the following. • Solicit input from the City to establish system and procedures for managing • Tracking and storing project documentation to include the following • Communications o Change Management ✓ Authority ✓ Field Directives ✓ Change Orders to include justifications • Administrative process o Approval of Subcontractors o Material management o Contractor progress payments o Consultant invoices • Prepare hard and electronic files • The following logs will be prepared o Record of Materials (ROM) o Material Tracking ✓ Monitors testing frequency per WSDOT Construction Manual ✓ Log acceptance and compaction tests ✓ Log pass or fail to include resolution of failing tests ✓ Track Tickets and tonnages o Submittal Reviews o Request for Information (RFI) o Change Management ✓ Change Order Exhibit A-1 ✓ Case Log (Issues) ✓ Design Changes/Clarifications o Subcontractors o Certified Payroll o Materials on Hand o Training • The following templates will be prepared o Field Note Records o Estimate o Forecasted Cost at Completion o Project Report o Weekly Statement of Working Days o Change Order o Change Order Justifications o Design Changes/Clarifications o Field Material Verifications • Site visits to become familiar with project limits and physical constraints • Familiarization with Contract Plans, Specifications, Permits and Geotechnical Report • Review ROW commitment files • Manage RAMs by reviewing against the Contract and/or facilitating Engineer of Record Reviews • Manage the ROM • Develop Team Communications and Stakeholders List • Comb the Contract Provisions and compile list of submittals • Prepare Pre -Construction (Precon) Agenda • Comb the Contract Provisions to insert Precon agenda items • Prepare Precon attendees list • Send invite to Precon attendees • Attend Precon, take notes, prepare and distribute minutes • Pre -construction photographs • Review Contractor's Schedule for Contract Compliance TASK 4i: Construction Management (CM) and Administrative Services. NTP to Project Closeout. CM and administrative services are provided by the Resident Engineer (RE) and Documentation Specialist. Support includes stakeholder coordination, documentation and change management in general compliance with City and State requirements. Work includes the following. • Maintain Logs identified in Task 300 • Coordinate material inspections from materials lab • Facilitate WSDOT special inspections (signal and luminaire poles), if applicable. • Review material reports from testing lab, Task 700, for Contract compliance and contact the Contractor to bring resolution to any deficiencies • Track quantities according to the Construction Manual to get the required amount of testing Exhibit A-1 • Review RAMs and apply or facilitate approval codes • Transmit ROM to the Contractor and request that they submit material requirements via the RAM process • Facilitate approved RAMs to the Inspector who will verify that all the material delivered to the site is according to the approved RAMs • Administer Contractor adherence of the ROM • Cursory review and facilitation of Traffic Control Plans • Review and respond to Contractor Serial Letters • Issue Field Directives/Corrective Action memorandums • Receive RFIs and issues raised by the Contractor answer RFIs and/or facilitate responses • Change Management o Negotiations with Contractor regarding 1-04.4 Changes o Writing Change Orders to include Engineer's Estimate and Justifications o Update Case Log which includes ✓ Tracking issues ✓ Anticipated impact to schedule ✓ Costs ✓ Forecast cost at completion ✓ Warrant assessment for additional working days • Confirm that submittals are in general Contract conformance. Review and/or facilitate review and approvals of submittals • Maintain project electronic and hard files • Review Contractor's schedule for contract compliance • Prepare coordination agendas, conduct coordination meetings • Prepare minutes for coordination meetings and distribute to attendees • Prepare Weekly Statement of Working Days and send to Contractor • Obtain Request to Sublet (421-012), review for compliance and return to the Contractor • Utility Coordination • Employee Interviews (424-003) • Payroll Compliance to include checking o Certified Payrolls o Labor and Industry documentation (Statement of Intent, Affidavits of Wages Paid) o Notification to the Contractor of non-compliance • Perform quality control checks on Inspector Field Note Records and Inspector Daily Reports • Prepare progress pay estimates • Review Contractor's weekly "look ahead" and monthly schedule and compare with the Contractor's approved schedule • Maintain a submittals list and prompt the Contractor for submittals • Prepare and be available for outside audits and/or record reviews • Secure Contract schedule and activities for coordination with the public. Respond to general coordination regarding items such s status, schedule and access. Provide a broader public involvement that may involve flyers, news releases and public meetings • Maintain hard and electronic files Exhibit A-1 • Perform internal monthly audits for compliance TASK 5: Provide Field Inspection for each of the Project's Working Days Inspections shall be made for each working day. The Inspector will act as the projects "in the field" focal point of coordination and field documentation. The inspector will monitor the Contractor's activities, produce Inspector Daily Reports, Field Note Records, verify that material delivered to the site is in contract compliance, coordinate with stakeholders to include the Contractor, material testing lab, Fire and Police Departments, School Districts, businesses, residents and traveling public. The following Tasks will be the responsibility of the Inspector: • Produce and Conduct o Inspector Daily Reports o Field Note Records for all Contract Items o Progress photographs o Punch list items • Observe and Monitor the Contractor's o Work for compliance with the Contract Documents o Traffic control procedures and implementation of the approved traffic control plans which could include notification to the Contractor on deficiencies that require immediate correction o Temporary erosion and sediment control procedures and systems and provide recommendations o Compliance with project permits • Coordinate o Materials testing as required under the ROM and WSDOT Construction Manual with materials Sub -Consultant. See Task 7 o With stakeholders like utilities, City departments, local businesses, traveling public, fire and police departments, and residences o With the Resident Engineer to identify and resolve project conflicts between the plans, special provisions and unforeseen conditions • Meetings o Provide input to the RE for meeting agendas o Attend meetings as required to include o Weekly Coordination o Others such as pre -paving, signal turn on, utility coordination and public outreach TASK 6: Project dose Out Assume the Contractor will be completed with punch list work and missing documentation within 50 calendar days of Substantial Completion at which time Physical Completion will be issued (all but plant establishment). Items of work within these 10 calendar days include the following: • Inspector Exhibit A-1 o Prepare and monitor completion of the Punch List o Final Field Note Records • Administrative o Project resolution meetings with the Contractor to resolve final quantities and issues o Prepare Substantial, Physical and Completion letters o Final pay estimate excluding PSIPE o Gather remaining documentation for ROM and facilitate signature on Materials Certifications o Gather outstanding labor compliance documentation such missing Certified Payrolls and Affidavits of Wages Paid with Labor and Industries o Facilitate "Final Notice of Completion of Public Works Contract" form (F215-038-000) o Coordinate final Record Reviews by funding agencies TASK I: Materials Testing Material testing is performed by a Sub -Consultant. Task 700 Scope and Fee belongs entirely with KPG Sub -Consultant. All KPG fee affiliated with managing the Task 700 Subconsultant are included in Tasks 300 through 600. The Sub -Consultant material's lab will perform services such as; • Review Record of Materials (ROM) • Perform HMA Job Mix Formula Verification under Special Provision 5-04.3(7)A • Review Concrete RAM submittals and provide recommendations for approval codes • Conduct material testing for Document items in in accordance with the Local Agencies Guidelines (LAG), WSDOT Construction Manual and the ROM • Provide written field reports for all inspections • Coordinate with Inspector regarding test results and re -testing as necessary • Assist RE with end of project Materials Certification TASK 8 --- ADDITIONAL.. SERVICES 8.1 Management R eserve: A five p ercent (5%) f ee h as b een i ncluded i n th e c ost f or services a s a placeholder a nd serves as the Management Reserve for the Project. At the time these services a re required, t he C onsultant s hall p rovide a d etailed s cope of w ork an d an es timate o f c osts. Th e Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. Additional services requested by the City will be performed only when authorized by the City. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach (except as completed on a day to day basis by the inspector and resident engineer as described in task 3.1 — vii), Public Meetings, Ribbon Cutting Ceremony, claims analysis, surveying, services during shutdown periods of non -working days, and services for extended working days are examples of possible additional services. This fee is based on 1 week prior to construction, an 50 working day contract, and 2 weeks for closeout, 8 hour days, additional extension of days will be approximately $1,040.00 per day for one person. (8 hours x $130.00 = $1,040.00) Exhibit A-1 EXHIBIT B-1 PRIME CONSULTANT COST COMPUTATIONS Client: City of Tukwila Project: 2021 Overlay Program KPG, P.S. PROJECT NUMBER: 20139 50 working days + 1 week startup and 2 weeks closeout (65 days/ 8 hour days= 520 hours) DATE: 5/11/2021 Task No. Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task d Ti'y co o ° R c U c a i = v, a, c, = ° L di = y H U O = — di 2 y E .� = c 5 E ¢ a O 146 224 130 134 117 92 Hours Fee Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 Project Management and Administrative Services 10 20 30 $ 4,080.00 1.2 Prepare, review and submit monthly expenditures 2 10 12 $ 1,368.00 Task Total 0 12 0 0 0 30 42 $ 5,448.00 Task 2 - Assist City with the Award Process 2.1 Assist City with Award Process 5 5 $ 650.00 2.2 Bid Tab Analysis and Verify Contractor 5 5 $ 585.00 2.3 Communications 5 5 $ 650.00 Task Total 0 0 10 0 5 0 15 $ 1,885.00 Task3 - Administrative Services up to Contractor Notice to Proceed (NTP) 3.1 Administrative Services up to Contractor Notice to Proceed 30 40 15 85 $ 11,015.00 Task Total 0 0 30 40 15 0 85 $ 11,015.00 Task 4 - Construction Management (CM) and Administrative Services. NTP to Project Closeout. 4.1 Construction Management Office Support 50 20 400 200 670 $ 87,180.00 4.2 Construction Management Field Paperwork 0 $ - Task Total 50 20 400 0 200 0 670 $ 87,180.00 Task 5 - Provide Field Inspection for Each of the Project's Working Days 5.1 Construction Inspection 400 400 $ 53,600.00 Task Total 0 0 0 400 0 0 0 $ 53,600.00 Task 6 - Project Closeout 6.1 Construction Management Office Support 1 1 80 1 40 120 $ 15,080.00 6.2 Construction Management Field Paperwork/Inspection 80 80 $ 10,720.00 Task Total 0 0 80 80 40 0 200 $ 25,800.00 Task 7 - Materials Testing 7.1 Subcontract with Material Tester 0 $ - Task Total 0 0 0 0 0 0 0 $ - Task 8 - Management Reserve 8.1 Upon City Authorization Only (5% of contract) 0 $ 9,600.00 Task Total 0 0 0 0 0 0 0 $ 9,600.00 Total Labor Hours and Fee 7,300 7,168 67,600 69,680 30,420 2,760 1,012 $ 194,528.00 Subconsultants Task 7 Material Testing $ 5,000.00 Subtotal $ 5,000.00 Administrative Charge (5%) $ 250.00 Total Subconsultant Expense $ 5,250.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 428.00 Reproduction Allowance $ - Total Reimbursable Expense $ 428.00 Total Estimated Budget $ 200,206.00 Less Remaining Design Contract $ 53,000.00 Total Budget Amendment #1 $ 147,206.00 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Overlay and Repair Program Project No. 9xx10401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which JUSTIFICATION: also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 209 190 150 150 150 150 150 150 150 1,449 Land (RMI) 0 Const. Mgmt. 121 15 200 200 200 200 200 200 200 1,536 Construction 1,224 312 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,336 TOTAL EXPENSES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 TOTAL SOURCES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 2021 - 2026 Capital Improvement Program 12 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 21-002 Council Approval 12/14/20 PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City', and KPG, P.S., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Engineering services in connection with the project titled 2021 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 A eement• Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31 2021, 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 2021 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 $149,912.00 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. 1/1 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 llocal 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 coverage. 2. Commercial General ILiabillit insurance with limits no Iless than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover Iliability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. CA revised May 2020 Page 2 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional ILiabillitv with Ilimits no Iless than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. if the Contractor maintains higher insurance limits than the minimums shown above, the IPublic Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella Iliability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vi I. E. Verification of Coverage. Consultant shall furnislh the City with original certificates and a copy of the amendatory endorsements, including but not necessarily Ilimited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. 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. G. 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. lnde endent 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 lbonafide 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 lbonafide 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 CA revised May 2020 Page 3 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. Contractor, 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and Ilocal 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: 3131 Elliot Avenue Suite 400 Seattle, WA 98121 CA revised May 2020 Page 4 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 oraI. 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 12th day of January CITY OF TUKWILA HP C-4(7_,~ S6g Key: Sed4:1,73.9e9e1879,173eaKieSdlee2la Allan Ekberg, Mayor 01/12/2021 CONSULTANT By: Printed Name: NeIson Davis Principal 2021. Attest/Authenticated: Approved as to Form: Oh4.€4.e-9 (}6,7(eth&9 cji e(r---)te; City Clerk, Clerk, Christy 01Flaherty Office of the City Attorney CA revised May 2020 Page 5 EXHIBIT A City of Tukwila 2021 Overlay Program Scope of Work November 24, 2020 The Consultant shall prepare final Plans, Specifications and Estimates for the 2021 Overlay Program. Specific projects will be determined from the following list of candidate streets: ▪ S 200'h St Southcenter Pkwy to Green River Bridge ▪ S 1261"' St East Marginal Way to 37' Ave S ▪ 44" Avenue S S 140" St to end ▪ 481"' Avenue S S 109" S, North to Dead End ▪ S 109" St 47'h Avenue S to 48"h Avenue S ▪ S 150" St 46" Avenue S, East to Dead End ▪ 53rd Ave S S 137" St to 52nd Ave S & Vicinity ▪ S 188th St Orillia Rd & Bow Lake Station ▪ Southcenter Pkwy Strander Blvd to Minkler Blvd ▪ Minkler Blvd Andover Pk E to Industry Dr ▪ S141'St 37" Ave StoTIIB The 2021 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 2021 Overlay Program. The Consultant shall utilize the data collection and analysis provided by Infrastructure Management Service ((IMS) to identify additional roadway segments to be included in the design and construction of the 2021 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. Qty of Tukwila 2021 Overlay Program Page '1 of 4 KPG, Inc. November 2020 Assumptions for the 2021 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. It is assumed there will be approximately thirty (30) plan sheets at 1".20scale full size (22" X 34"), 1".40' at reduced scale (11" X 17"). Drainage & Water Quality Reports will not be required. Environmental Documentation will not be required. Consultant shall not be responsible for printing and supplying City or Contractor with hard copies of plans and specifications at interim submittals or contract award. Deliverables 50% review submittal with Plans and Estimate (electronic copies) 90% review submittal with Plans, Specifications, and Estimate (electronic copies) Routing of 50% and 90% Plans to utilities for review and comment. Bid Documents and Engineer's Estimate for 2021 Overlay Program. Coordinate upload of Plans and Specifications to Builders Exchange. Bid Analysis and recommendation for award. Preconstruction Meeting Attendance. SCOPE OF WORK TASK 1 — 2020 Remaining Final Design 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. Qty of Tukwila 2021 Overlay Program Page 2 of 4 KPG, Inc. November 2020 1.2 The Consultant shall update and prepare Final Plans for the proposed improvements that were excluded from the construction in the 2020 Overlay Program. Sites are limited to the following: S 200th St S 126"St 44'h Avenue S 48th Avenue S S 109p" St S 150th St 53rd Ave S S 188th St Southcenter Pkwy to Green River Bridge East Marginal Way to 37p' Ave S S 140"Stto end S 109'h S, North to Dead End 47'h Avenue S to 48p" Avenue S 46p"' Avenue S, East to Dead End S 137p" St to 52nd Ave S & Vicinity Orillia Rd & Bow Lake Station 1.3 The Consultant shall recalculate quantities and prepare a Final Engineers Estimate of Probable Construction Cost for the Bid Documents. Projects will be prioritized in collaboration with the City following the 50% Submittal of Task 2 to determine final project segments. 1.4 The Consultant shall update the Contract Specifications per 2021 WSDOT Standard Specifications for the Bid Documents. TASK 2 — 2021 New Final Design 2.1 The Consultant shall prepare base maps for all project locations, identified below, 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 Sites include, but not limited to: Southcenter Pkwy Minkler Blvd S 114115" St Strander Blvd to Minkler Blvd Andover Pk E to Industry Dr 37p" Ave S to TIB 2.2 The 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. Typical sections and details will be prepared for items not available as standard details from the City, State, or WSDOT standard drawings. Qty of Tukwila 2021 Overlay Program Page 3 of 4 KPG, Inc. November 2020 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. 2.3 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for each review submittal and the Bid Documents. Projects will be prioritized in collaboration with the City following the 50% Submittal to determine final project segments. 2.4The Consultant shall prepare the Contract Specification per 2021 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents. 2.5The Consultant shall distribute 50% and 90% review submittals to franchise utility owners for adjustments within the Project limits. TASK 3— Bid Period Services 3.1The 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 2021 Overlay Program Page 4 of 4 KPG, Inc. November 2020 EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS City of Tukwila 2021 Overlay Program Decemeber 2020 KPG Interdisciplinary Design Task No. Task Description Labor Hour Estimate Tolal Hours and Labor Fee EsIlrnate by Task Principal Survey Mgr Sr. Engineer Construction M DV Project Surveyor n5re Engineoer Design Engineer CAD Technician Sr. Admin Engineering Technician Survey Crew II Office Admin $ 252 $ 226 $ 187 $ 166 $ 142 $ 140 $ 116 $ 103 $ 103 $ 96 $ 219 $ 88 Hours Fee Task 1 - 2020 Remaining Final Design 1.1 Protect Management and Administrative Services 1212 8 8 AO $ 6.232 12 Prepare. Final Plans 4 4 16 20 41 $ 6.232 1.3 Project Cost Estimates (Final) 4 4 4 8 12 32 $ 4.932 1.4 Project Specifications 4 4 4 23 8 8 48 $ 6,852 Task Total 24 0 8 12 0 56 40 0 8 0 0 16 169 $ 24,248 Task 2 - 2021 New Final Design 2.1 Prepare Project Base Maps 4 4 8 32 60 8 60 80 256 $ 38.332 2.2 Prepare 5014 90%, and Final Plans 24 12 60 120 4D 160 416 $ 40280 2.3 Project Cost Estimates (8D%. 001/1, Final) 4 16 4 4D 24 12 IOD $ 14.200 2.4 Project Specifications 4 2412 4D 16 8 104 $ 15.648 2.5 Utility Coordination 4 23 8 4 36 $ 4,860 Task Total 8 4 72 28 8 192 228 48 0 236 80 8 912 $ 121,320 Task 3 - Bid Period Services 3.1 leid Period Services 2 4 2 8 4 2 22 $ 3..344 Task Total 2 0 4 2 0 8 4 0 0 0 0 2 22 $ 3,344 Total Labor Hours and Fee 34 4 84 42 8 256 272 48 8 236 80 26 1,098 $ 148,912.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 1800.00 Total Reimbursable Expense $ 1,000.00 Total Estimated Budget $ 149,912.00 FEE ESTIMATE 1113012020