HomeMy WebLinkAboutTIS 2021-11-22 Item 2C - Contract Amendment #1 - East Marginal Way South Stormwater Outfalls with KPGCity of Tukwila
Allan Ekberg, Mayor
Pub ilk Works Depurtrnent - Harr Pvnraehinti, Dfrectvr/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Mike Perfetti, Surface Water Sr. Program Manager
CC: Mayor Ekberg
DATE: November 19, 2021
SUBJECT: Surface Water Fund - East Marginal Way South Stormwater Outfalls
Project No. 91041204, Contract No. 20-131
Consultant Agreement, Amendment No. 1
ISSUE
Approve Amendment No. 1 to Contract No. 17-070 with KPG, Inc. for additional engineering services and a time extension.
BACKGROUND
This project, now nearing completion, has redirected drainage along East Marginal Way S from the closed Jorgensen Forge outfall to
the City -owned Boeing Z-line outfall. Initial work included calling for utility locates, and this process revealed a previously unknown
fiber optic utility was located within the planned alignment of the new stormwater pipe. The project was immediate placed on hold until
a resolution to this conflict could be resolved. KPG, immediately began a redesign to avoid this newly identified utility and delivered
revised plans.
Following the above referenced design change, the contractor sawcut the new location and began excavation but then ran into an
unmarked 4" steel conduit. Work was immediately stopped, and the contract was again suspended to deal with this new utility conflict.
This required another redesign and additional project delay. KPG again redesigned this section of the project to avoid the new utility
conflict and delivered revised plans.
DISCUSSION
KPG is currently under contract through December 31, 2021, providing construction management services for the East Marginal Way
S Outfalls project. The Consultant has expended additional effort to resolve issues and continue to manage the project during the
suspension while redesign was taking place. The KPG supplement will provide payment for the additional scope and time
supplement through March 30,2022, allowing KPG to reach Physical Completion of the project.
FISCAL IMPACT
KPG, Inc has provided a cost estimate of $54,446.00 for the supplement. The total contract costs are within the construction
management (CM) budget.
KPG CM Contract
Original $179,978.98
Amendment 1 54,446.00
Total $234,424.98
2020-2021 CM Budget
$315,000
RECOMMENDATION
Council is being asked to authorize the mayor to sign Amendment No. 1 for Contract No. 20-131 with KPG Inc. in the amount of
$54,446.00 and a time extension until March 30, 2022 for the East Marginal Way Stormwater Outfall Project, and consider this item on
the Consent Agenda at the December 6, 2021 Regular Meeting.
Attachments: KPG Consultant Agreement 17-070 Amendment No. 1
CIP Page 84
21
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 20-131(a)
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and KPG, Inc.
That portion of Contract No. 20-131 between the City of Tukwila and KPG, Inc. is hereby
amended as follows:
Section 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.
Section 3. Duration of Agreement; Time for Performance. This Agreement shall be in full
force and effect for a period commencing upon execution and ending March 30,2022, 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 March 30,2022 unless an extension of such time is granted in writing by the
City.
Section 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 $54,446, and that the total contract payment amount shall not exceed
$234,424.98 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.
All other provisions of the contract shall remain in full force and effect.
CA Reviewed May 2020
Page 1 of 2
22
Dated this
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 20-131(a)
day of , 20
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor Printed Name:
ATTEST/AUTHENTICATED APPROVED AS TO FORM
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
CA Reviewed May 2020
Page 2 of 2
23
EXHIBIT A
City of Tukwila
East Marginal Way South
Stormwater Outfalls Project
Supplement for Construction Services
Scope of Work
November 2021
This supplement will provide additional services by the Consultant to reach Physical
Completion of the East Marginal Way South Stormwater Outfall project. Added scope and
time due to unforeseen conditions as found in Change Orders #02 and #03 have resulted in
budget overages for the Consultant. While no additional days were added to the construction
contract the Contractor was granted a suspension of working days to accommodate their
schedule. The Consultant has had to expend additional effort during this suspension in order
to resolve issues and continue to manage the project during the suspension. The
Consultant's original scope of work included Part Time Documentation and Part Time RE
duties for the duration of this project. With the added work in Change Orders #02 and #03
this part time staffing was greatly increased and nearly full time work was needed to facilitate
these changed conditions.
The change orders for this project increased the Consultant's work as follows:
1) C.O. #02 for added sidewalk increased the coordination effort required of the RE (Matt
North) to facilitate a new design through RFI's and the Change Order process. This
included more on-site meetings to review existing conditions and coordination effort
with the design team to come up with new plan sheets. While no added days were
granted to the Contractor the added effort in the background to facilitate this design
change was a burden the Consultant's original Contract had not anticipated.
2) C.O. #03 for the re -designed stormwater facilities due to utility conflicts added time
again in the RFI process, responding to serial letters from the Contractor and multiple
on-site meetings to facilitate coordination efforts between the Contractor and design
staff in order to develop new plan sheets to be incorporated into the project.
All other aspects of Tasks 1 and Task 6 below remain unchanged from the original Contract.
TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION
1.1 The Consultant will provide continuous project management for the project duration.
1.2 The Consultant shall prepare monthly progress reports identifying work in progress, upcoming
work elements, and reporting of any delays, problems, or additional information needs. The
monthly progress reports shall be submitted with invoices.
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EMW Stormwater Outfalls Page 1 of 7 November 2021
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Task 1 Deliverables:
■ Monthly progress reports during construction.
TASK 6 — CONSTRUCTION PHASE SERVICES
This work will provide construction management services for the construction contract. 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. The objective
and purpose of this task 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. The following general assumptions were used for developing this budget estimate:
General Assumptions:
• The proposed project team will include one part-time documentation control specialist, a
part-time resident engineer during construction activities, a full-time inspector, sub -consultants
to provide services for materials testing, and other supporting tasks as deemed necessary.
It is anticipated that full- time site observation will be required for the entirety of the project.
• 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
preconstruction service, construction services, and project closeout. No suspensions or
stop work periods are anticipated during this duration; however, a procurement suspension
may be considered prior to beginning construction if requested by the Contractor.
• 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.
• 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 that require a level
of engineering expertise outside of the capabilities of the field personnel.
• Services will be performed in accordance with the Contract plans & special provisions, and
City engineering standards.
6.1 Provide overall project management, coordination with the City, monthly progress reports,
and invoicing during the construction phase. This effort will include the following elements.
• Organize and layout work for project staff. Prepare project instructions on contract
administration procedures to be used during construction.
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EMW Stormwater Outfalls Page 2 of 7 November 2021
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• Review monthly expenditures and CM team scope activities. Prepare and submit project
progress letters to the City along with invoices describing CM services provided each
month. Prepare and submit reporting required by funding source(s).
6.2 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.
6.3 Field Construction Services shall include:
A. 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.
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:
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.
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. Coordinate with permit holders on the Project to monitor compliance with approved
permits, if applicable.
ix. Prepare field records and documents to help assure the Project is administered in
accordance with the funding requirements.
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EMW Stormwater Outfalls Page 3 of 7 November 2021
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x. 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).
xi. Attend and actively participate in regular on-site weekly construction meetings.
xii. Take periodic digital photographs during the course of construction, and record
locations.
xiii. Coordinate with the City's maintenance personnel.
xiv. 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.
B. 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.
C. 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.
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 in accordance with laws, contracts,
regulations, or City's expectations.
Deliverables:
• Daily Construction Reports with project photos — submitted on a weekly basis
• Punch List, Certificate of Substantial Completion
• Review test reports for compliance
6.3 Office Construction Services shall include:
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.
City of Tukwila
EMW Stormwater Outfalls
Page 4 of 7
KPG
November 2021
27
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 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 Contractor's 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
City of Tukwila KPG
EMW Stormwater Outfalls Page 5 of 7 November 2021
28
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 as well as CAD updates incorporating these markups.
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
6.4 Submittal and 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
• Completed Record of Material for Material Certification
6.5 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
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EMW Stormwater Outfalls Page 6 of 7 November 2021
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• 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 KPG
EMW Stormwater Outfalls Page 7 of 7 November 2021
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Exhibit B
City of Tukwila
East Marginal Way Stormwater Outfalls
Construction Management
Nov. '21
KPG
Interdisciplinary Design
Task No.
Task Description
Labor Hour Estimate
Total Hours and Labor Fee
Estimate by Task
Principal
Engineering
Mgr
Sr. Engineer
Construction
Mgr
Sr. Transp.
Planner
Project
Engineer
Design
Engineer
Project Land.
Arch.
CAD
Technician
Engineering
Technician
Survey Crew I
Survey Crew II
Office Admin
Engineering
Assistant
Sr. Const Mgr
Aviation Mgr
Urban Design
Mgr
CAD Mgr
Project
Surveyor
Resident
Engineer
Construciton
Office Engr
Documentation
Specialist
Landscape
Technician
Construction
Admin
Survey Mgr
Architecture
Mgr
Business
Manger
Sr. Constr
Observor
Sr. Admin
Construction
Observer
Construction
Technician
$ 225.00
$ 202.00
$ 184.00
$ 163.00
$ 156.00
$ 141.00
$ 128.00
$ 118.00
$ 112.00
$ 104.00
$ 165.00
$ 215.00
$ 92.00
$ 70.00
Hours
Fee
Task 1 - Management, Coordination, Administration
1.1
Project Management
0
$ -
1.2
Prepare monthly progress reports
4
2
6
$ 1,084.00
Task Total
4
0
0
0
0
0
0
0
0
0
0
0
2
0
6
$ 1,084.00
Task 6 - Construction Phase Services
6.1
Management, Coordination and Administration
24
24
48
$ 6,600.00
6.2
Preconstruction Services
0
$ -
6.3
Field Construction Services
95
95
$ 11,210.00
6.4
Office Construction Services
144
120
40
304
$ 35,552.00
6.5
Submittal and RFI processing
0
$ -
6.6
Change Management
0
$ -
0
0
0
24
0
0
144
95
144
0
0
0
40
0
447
$ 53,362.00
Total Labor Hours and Fee
4
0
0
24
0
0
144
95
144
0
0
0
42
0
453
$ 54,446.00
Subconsultants
Geotechnical - GeoDesign allowance
City pump supplier allowance
Construction Materials Testing Allowance
Total Subconsultant Expense
$ -
Reimbursable Direct Non -Salary Costs
Mileage at current IRS rate
Reproduction and Field Supplies
Total Reimbursable Expense
$ -
Total Supplement Budget
$ 54,446.00
Budget Estimate
11/)/2021
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: East Marginal Wy S Stormwater Outfalls Project No. 91041204
DESCRIPTION: Establish legal drainage connections from East Marginal Way South to the Duwamish River.
JUSTIFICATION: Drainage from E Marginal Wy S is discharged through outfalls owned and operated by the Boeing Co.,
Jorgensen Forge, and two King County Airport storm systems without easements.
STATUS: Design completed and approved by the Department of Ecology. Construction is anticipated to begin in
September 2020.
MAINT. IMPACT: Clarifies maintenance responsibility and will ensure reliability of system.
City adopted the Z Line in 2015. Construction includes pipe lining, installation of water quality and connecting
COMMENT: the Jorgenson drainage area to Boeing's Z Line. DOE design and construction grant awarded in 2018 for
$1.1m.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
ProjectLocation"
oe
ry
Design
265
45
W
7011!
1114 $1
310
Monitoring
31
11
11
1
1
St
1
,. 1.'f
GIS
N
F'
53
Const. Mgmt.
50
265
315
Construction
300
1,000
1,300
TOTAL EXPENSES
296
406
1,276
0
0
0
0
0
0
1,978
FUND SOURCES
Awarded Grant RCO
164
100
842
1,106
KCFCD
50
50
Proposed Grant
0
Mitigation Expected
0
Utility Revenue
132
256
434
0
0
0
0
0
0
822
TOTAL SOURCES
296
406
1,276
0
0
0
0
0
0
1,978
2021 - 2026 Capital Improvement Program
84
32
ProjectLocation"
oe
ry
,-_
S88 PI
887 PI
W
7011!
1114 $1
co
1
1
St
1
,. 1.'f
GIS
N
F'
2021 - 2026 Capital Improvement Program
84
32