HomeMy WebLinkAbout23-165 - KPG Psomas, Inc - Design Services: 2024 Overlay ProgramCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 23-165(a)
Council Approval 5/6/24
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and KPG Psomas Inc.
That portion of Contract No. 23-165 between the City of Tukwila and KPG Psomas Inc. is
hereby amended as follows:
Section 2:
2. Scope of Services:
A.The Consultant agrees to provide construction services for the 2024 Overlay
Program project in accordance with the scope of work included as Exhibit A-2.
Section 4:
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 A" attached hereto, provided that the total amount of payment to the
Consultant shall not exceed $197,726.00 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 20th day of
CA Reviewed May 2020
May , 20 24
Page 1 of 2
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 23-165(a)
Council Approval 5/6/24
CITY OF TUKWILA CONTRACTOR:
rtps DocuSigned by:
e VitANIVAS 'Via 5/20/2024 1 12:03 PM PDT.e/ �q�
AEE24.32 aSRaar By: ,.. 1 "
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
[DocuSigned by:
GAL ZaAVCI
5F499r44F152
Office of the City Attorney
CA Reviewed May 2020
Printed Name: Terry Wright
Title: Vice President
Page 2 of 2
EXHIBIT A-2
Construction Management Services
Scope of Work
April 2024
City of Tukwila
2024 Overlay Program
City Project Number: 82410401
KPG Project Number: 9TUK010700
KPG Psomas (Consultant) will provide construction management services for the construction contract to
complete the City of Tukwila 2024 Overlay Program project. The proposed work includes:
- Paving at multiple sites within City of Tukwila: 35th Ave. S., 37th Ave. S., 40`h Ave. S., S. 132nd
PI, S. 128`h St., 50th PI S., S. 114th St.
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 40 working days.
• The proposed project team will include a part time Project Manager, part time Resident Engineer
(24 hours a week), one full time Construction Inspector (45 hours a week), a part time
Documentation Specialist (20 hours a week), and one part time Project Engineer from KPG
Psomas's design team to review submittals and interpret Contractor inquiries, as needed (25 total
hours). The team also includes a sub -consultant to provide services for materials testing and
construction site observation to satisfy Tukwila Municipal Codes for work within certain soil
classifications.
• City will review and execute the insurance, bonds, and the Construction Contract.
• Consultant will coordinate during audits or traffic control operations related to project impacts and
help the City to complete any other required correspondence with outside agencies.
• The City will work with the Contractor to conduct all community outreach in relation to phasing
and direct impacts due to construction. The City's Contractor shall be responsible for the
communication to the community on schedule and work activities.
• KPG design engineers will be available during construction to answer questions and review
RAM's, shop drawings, and answer RFI's.
• Consultant services will be performed in accordance with the WSDOT Construction Manual,
Contract plans & special provisions, and City of Tukwila engineering standards.
City of Tukwila KPG Psomas Inc.
2024 Overlay Program KPG Project Number 9TUK010700
Construction Management Services Page 1 of 7 April 2024
EXHIBIT A-2
• The franchise Utilities will provide field inspection for all work surrounding the construction or
relocation of their utility systems if necessary.
• Coordination of construction with franchise utilities, if any, will be done by City Contractor.
Consultant will help facilitate coordination between utilities and Contractor as needed or requested
by City.
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 review by any outside agency including state audits at the end of the 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 reports 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 — PRECONSTRUCTION SERVICES
2.1 Administrative Services up to Contractor Notice to Proceed (NTP): KPG Psomas will provide
support startup of the project with any miscellaneous administrative needs as further detailed below:
a. Preconstruction (PreCon) Photos: KPG Psomas staff shall collect and log a
comprehensive set of precon photos, prior to City Contractor mobilizing to the site, for the
purpose of documenting pre-existing site conditions. These shall be delivered to the City
in digital form as part of the final project files.
b. Review Plans and Specs: KPG Psomas staff shall familiarize themselves with all plans,
specs, and City standards that will be incorporated into this project, in order to familiarize
themselves with project limits, elements of work to be performed, measurement and
payment, and other project -specific considerations, prior to the first working day.
c. Prepare Hard and Electronic Files: The Consultant will prepare all electronic and hard
copy files in preparation for the project. SharePoint will not be utilized on this contract.
Prepare Record of Materials (ROM): Consultant shall modify WSDOT-provided ROM,
to algin with LAG manual exceptions and to improve ease of use by all project parties. In
the absence of a WSDOT-provided ROM, KPG Psomas can generate a ROM from scratch,
City of Tukwila
2024 Overlay Program
Construction Management Services
Page 2 of 7
KPG Psomas Inc.
KPG Project Number 9TUK010700
April 2024
EXHIBIT A-2
however creation of a complete project ROM is outside the scope of the current budget and
may require a supplement.
e. Preconstruction Conference: KPG Psomas will prepare an agenda for, distribute notices
of, and conduct a preconstruction conference in the City's offices or via an on-line platform
of the City's choice. The Consultant's team will attend the preconstruction conference.
Pertinent City staff and private utilities will also be present at this meeting. KPG Psomas
will prepare a written record of the meeting and distribute copies of the minutes to all
attendees and affected agencies, staff, etc.
At the Preconstruction conference, the Consultant shall help facilitate discussions with the
Contractor concerning the plans, specifications, schedules, pay estimate timelines and
cutoff dates, issues with utilities, any unusual conditions, State and local requirements and
any other items that will result in better project understanding among the parties involved.
f. Prepare Templates: KPG Psomas will pre -populate all electronic forms, either
Consultant or City provided, in preparation for contract administration. This includes pay
estimate templates, weekly working days statements, inspector daily reports, change
management tracking templates, etc.
g.
Utility Coordination: Consultant will assist with external and internal communications
regarding utility coordination required for successful completion of the project, including
utility relocations, required service interruptions, etc.
Deliverables:
• Preconstruction conference meeting minutes
• Pre -construction Photos
TASK 3 — CONSTRUCTION SERVICES — OFFICE
3.1 Construction Management Office Support: Original documentation will be housed at the
Consultant's office and filed in accordance with standard filing protocol. Document Control will consist
of the following:
a. Project Coordination: Liaison with City, construction Contractor, engineer, utilities and
property owners on a regular basis to discuss project issues and status.
b. 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.
c. Submittals: Consultant shall take lead on submittal reviews/ approvals. Consultant shall
coordinate review process for shop drawings, samples, traffic control plans, test reports,
and other submittals from the Contractor for compliance with the contract documents.
Submittals shall be logged and tracked by Consultant.
Requests for Information (RFI): Consultant shall review and respond to RFI's. RFI's
shall be logged and tracked by Consultant.
e. Weekly Meetings: Consultant will lead weekly meetings. Consultant will prepare agenda
for City review and distribute meeting minutes to attendees. Outstanding issues to be
City of Tukwila
2024 Overlay Program
Construction Management Services
Page 3 of 7
KPG Psomas Inc.
KPG Project Number 9TUK010700
April 2024
EXHIBIT A-2
tracked on a weekly basis. Weekly Statement of Working Days will be reviewed/accepted
by Contractor during the Weekly Meeting.
f. Change Orders: The Consultant will develop change orders and the Consultant will
provide technical assistance to negotiate change orders, and assist in resolution of disputes
which may occur during the course of the project. The City will approve all change orders
before being fully executed. Each change order will be executed in accordance with
WSDOT Standard Specifications.
g.
Field Work Directives: The Consultant will prepare field work directives as necessary to
keep the Contractor on schedule.
h. Force Account: The Consultant will track Contractor force account labor, equipment and
materials. All force account calculations will be verified by the City and double checked
by the Consultant. The City shall have final authority to approve any Force Account work
prior to agreement with the Contractor.
Schedule Review: Consultant shall perform review of initial Contractor provided CPM
for conformance with the Contract Documents. Any discrepancies, conflicts or
unreasonable work durations will be brought to the attention of the Contactor and City.
Consultant will provide one (1) intermediate review of Contractor's updated schedule and
compare with field -observed progress and duration of the project.
Lump Sum Breakdown: Consultant shall 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.
k. Monthly Pay Requests: Consultant shall prepare monthly requests for Contractor
payment based on field note records prepared by Consultant field inspector in accordance
with contract documents.
Weekly Statement of Working Days: Consultant shall prepare, and issue weekly
statement of working day report each week to the Contractor and City for review and
approval. Weekly statement of working days will be based on field inspection reports
provided by Consultant.
m. 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.
3.2 Certified Payroll: The Consultant will process and check the Contractor and Subcontractor's certified
payroll per State Prevailing Wage Requirements. Tracking of payroll shall consist of recording each
payroll received from the Prime and Subcontractors and checking pay rates against Contract
requirements. Any discrepancies will be brought to the Contractor and City.
Deliverables:
• Approved Submittals and Submittal log
City of Tukwila
2024 Overlay Program
Construction Management Services
Page 4 of 7
KPG Psomas Inc.
KPG Project Number 9TUK010700
April 2024
EXHIBIT A-2
• Responded RFIs and RFI Log
• Weekly Meeting minutes
• Fully -executed Change Orders and Field Work Directives, with Change Management Log
• Force Account Documentation and Tracking Log
• Fully -executed Monthly Progress Payments
• Subcontractor Packets
• Weekly Statements of Working Days
• Certified Payroll Tracking Log (hard copy binder not included)
• Contractor -generated As-builts, if required by Contract
• All other project documentation generated during the course of project construction duration.
TASK 4 — CONSTRUCTION SERVICES - FIELD
4.1 Construction Observation: The Consultant will provide one (1) inspector during construction
activities and other tasks necessary to monitor the progress of the work. The Inspector will ensure that
the daily inspection reports and working days reporting are completed in a timely manner and contain
sufficient information to assess whether the work is being conducted in compliance with the Contract
Documents per City, WSDOT,. Consultant will make IDR's available to the City by Friday of the same
work week upon request.
The Inspector may perform the following duties as a matter of his 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 WSDOT 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.
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, Contractor, 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. Support the Contractor's communication and responsibilities to answer questions from
property owners and the general public as needed.
viii. Monitor compliance of approved permits per the project specifications, if applicable.
City of Tukwila
2024 Overlay Program
Construction Management Services
Page 5 of 7
KPG Psomas Inc.
KPG Project Number 9TUK010700
April 2024
EXHIBIT A-2
ix. Prepare field records and documents to ensure the Project is administered in accordance
with the plans and specifications.
x. Collect and calculate delivery tickets and scaleman'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 digital photographs during the course of construction, and record locations.
Assumptions:
• Consultant will provide observation services for the days/hours that the contractor's personnel are
on-site.
• Assumption is Client's Contractor shall work normal 40 -hour work weeks. For this project the
"normal" work week may occur at night. KPG Psomas does not differentiate day shift from night
shift. However, if the City's Contractor works a double shift (both day and night) within a single
24-hour period this will constitute two working days. Consultant's hours for inspection are based
on one shift for number of working days allowed per Contract.
• Assumption is if Contractor is working at multiple sites within the City of Tukwila, the Consultant
will split their time at the multiple locations and prioritize what location to be at for observation.
• The Consultant's monitoring of the construction contractor's activities is to ascertain whether 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
client, as detailed in the Contract Documents.
Deliverables:
• Daily Construction Reports with project photos.
• Field Note Records for all field -measurable pay items.
• Review material test reports for compliance.
TASK 5 — PROJECT CLOSEOUT
5.1 Closeout Office Support: Consultant shall assist with generation of closeout documentation and
pursuit of successful project final completion, as detailed below:
a. Substantial Completion Letter: Following full and unrestricted use of the project status being
obtained by the Contractor and agreed to by the City, Consultant shall draft Substantial
Completion Letter on City letterhead, for issuance to Contractor.
b. Physical Completion Letter: Following completion of all punch list work verified by the
Consultant and any stakeholders required the Consultant shall prepare physical completion letter
to the Contractor and the City shall issue the final contract voucher.
c. Final Pay Estimate: Consultant shall prepare final payment estimate, along with any final
quantity adjustments needed to existing bid items, for issuance to Contractor, in conjunction with
the final contract voucher, issued by the City.
City of Tukwila
2024 Overlay Program
Construction Management Services
Page 6 of 7
KPG Psomas Inc.
KPG Project Number 9TUK010700
April 2024
EXHIBIT A-2
d. Closeout Inspection and Punchlist: Consultant shall assist in a punchlist walkthrough with
Contractor, City staff, and any other necessary agencies for the purposes of developing a final
project punchlist. The Consultant shall assemble walkthrough comments and provide the
preliminary list to the City for concurrence, prior to issuing the list to the Contractor. On
notification of completion of the punchlist, Consultant shall perform a final walkthrough to
confirm satisfactory completion of all items on the list and shall note any remaining discrepancies.
Subsequent project walkthroughs are beyond the scope of this agreement, but will be
accommodated should the request be made by the City, and sufficient remaining budget allows.
e. Certified Payroll Closeout: Consultant shall attempt to ensure that all certified payrolls and
affidavits of wages paid are current and complete at the time of project physical completion. This
will include regular checks of the L&I portal and frequent reminders to the Contractor to provide
any missing information in a timely manner. As the task of gathering the final documentation from
Contractors and their Subcontractors can sometimes be an extended process, outside the control
of the City or Consultant, after 8 weeks post -physical completion, the Consultant shall perform a
final status update of the CP tracking log, along with memos to file of any missing documentation,
and shall hand off the remaining verification process to the Client.
f. Prepare Documentation to Deliver to City: Consultant shall perform QA/QC on all project
documentation deliverables as outlined in Task 4.1, as well as any documentation generated in the
course of completion of Task 5, and shall transfer all project documents to the City for permanent
storage.
• Substantial Completion Letter
• Physical Completion Letter
• Final Payment Invoice
• Project Punchlist
• Final Project Documents
TASK 6 — SUBCONSULTANTS
6.1 Material Testing: A third party subconsultant will be retained by KPG Psomas to provide material
testing and construction observation services. All testing will be done in accordance with LAG Manual
and WSDOT Construction Manual, or at a desired frequency as -directed by the City's project manager.
TASK 7 — ADDITIONAL SERVICES
7.1 Management Reserve: 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 40 working day contract. Any additional services requested or extension of days
will be approximately $3,185.00 per additional day.
City of Tukwila
2024 Overlay Program
Construction Management Services
Page 7 of 7
KPG Psomas Inc.
KPG Project Number 9TUK010700
April 2024
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Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION
$ 5,208.00
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Task 2 - Administrative Services up to Contractor Notice to Proceed (NTP) (xxx Months/Weeks)
$ 1,824.00
$ 1,320.00
$ 5,280.00
$ 1,920.00
$ 1,168.00
$ 1,252.00
$ 584.00
$ 13,348.00
Task 3 - Construction Management (CM) and Administrative Services. NTP to Project Closeout. (xxx Months/Weeks)
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Task 4 - Provide Field Inspection for Each of the Project's Working Days (xxx Months/Weeks)
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$ 53,960.00
Task 5 - Project Closeout (xxx Months/Weeks)
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Task 6 - Materials Testing
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1.1 Project Management and Administrative Services
1.2 Prepare, review and submit monthly expenditures
Task Total
3.1 Construction Management Office Support
3.2 Certified Payroll
Task Total
4.1 (Construction Inspection
Task Total
Task Description
Administrative Services up to Contractor Notice to Proceed
PreCon Photos
Review Plans and Specs
Prepare Hard and Electronic Files
Prepare ROM
Prepare PreCon Agenda
2.7 Prepare Templates
Task Total
5.1 Construction Management Office Support
5.2 Construction Management Field Paperwork/Inspection
Task Total
6.1 Subcontract with Material Tester
6.2 Prepare Invoices and Billings for Subcontractor
Task Total
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HWA Material Testing' $ 28,185.00
$ 28,185.00
Reimbursable Direct Non -Salary Costs
$ 529.00
$ 529.00
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Total Estimated Budget
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Task Total
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6.1
PROPOSED WORK SCOPE:
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idewalk subgrade and ADA ramp
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2024 PERSONNEL & BILLING RATES
TOTAL
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TOTAL
HOURS
Contracts
$165.00
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Geol II
$120.00
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Geol VI
$205.00
GeoEng II
$145.00
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GeoEng VIII
$310.00
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Scope of Services
ggregate Inspection and Testing, including:
Sampling of CSTC at WSDOT intervals (assume 2 sources)
Inspection and Testing of compacted aggregates for full -depth repair areas (assume 3 visits)
Inspection and Testing of compacted aggregates for ADA Ramp construction (assume 3 visits)
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LABORATORY TESTING SUMMARY:
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ESTIMATE
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ESTIMATED PROJECT TOTALS AND SUMMARY:
Total Labor Cost
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kwila 2024 Overlay - Estimate 2024-04-17
KPG
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KPG Psomas Inc.
Summary of Negotiated Costs
Effective January 1, 2024 through December 31, 2024
2024 Inclusive Rate
Classification (Rounded to$1)
Principal
290
Engineering Manager I
226
Engineering Manager 11
262
Asst. Engineering Manager
215
Senior Engineer 1
194
Senior Engineer 11
205
Project Engineer 1
166
Project Engineer 11
187
Design Engineer 1
133
Design Engineer 11
139
Design Engineer III
151
Engineering Technician
114
Technician
101
Engineering Assistant
91
Senior Project Manager Survey
250
Survey Crew 1 (w/Equip)
212
Survey Crew 11 (w/Equip)
270
Field Surveyor 1
103
Field Surveyor 11
134
Field Surveyor III
151
Project Surveyor 1
154
Project Surveyor 11
172
SurveyorI
94
Surveyor 11
128
Surveyor III
143
Urban Design Manager
220
Senior Landscape Architect 1
181
Senior Landscape Architect 11
200
Project Landscape Architect 1
155
Project Landscape Architect 11
166
Landscape Designer 1
105
Landscape Designer 11
116
Landscape Designer III
133
Landscape Assistant
90
Senior Transportation Planner
204
Transportation Planner
122
Environmental Manager
226
Senior Environmental Planner 1
181
Senior Environmental Planner 11
245
Managing Biologist 1
181
Managing Biologist 11
202
Managing Biologist III
229
Senior Archaeologist
167
GIS Manager
160
Senior Biologist 1
136
Senior Biologist 11
157
Word Processor
118
Biologist 1
79
Biologist 11
106
Biologist III
127
Environmental Planner
157
Editor
91
GIS Tech
87
Cultural Resource Specialist
82
Senior Construction Manager
244
Construction Manager
196
Senior Resident Engineer
188
Resident Engineer
154
Assistant Resident Engineer
136
Senior Construction Observer
190
Construction Observer 1
106
Construction Observer 11
130
Construction Observer III
142
Construction Technician
97
Document Control Specialist 1
115
Document Control Specialist 11
135
Document Control Specialist III
146
Document Control Admin
104
Construction Assistant
91
CAD Manager
179
Senior CAD Technician
139
CAD Technician
124
Business Manager
177
Senior Admin
139
Office Admin
110
Office Assistant
98
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 23-165
Council Approval 10/23/23
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 Psomas Inc._, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Proiect Desianation. The Consultant is retained by the City to perform Design services in
connection with the project titled _2024 Overlay Proaram.
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 Aareement: Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending _December 31. 2024_, 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. 2024_ 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 _$149.383.03_ 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.
2. Commercial General Liability insurance with limits no less 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 liability 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.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
4. Professional Liability with limits no less 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 Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability 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:VII.
E. 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 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. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Aaainst Continaent 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.
CA revised May 2020
Page 3
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 local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from
or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG Psomas Inc.
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
18. Entire Aareement: Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
DATED this 27th day of October , 2023
CITY OF TUKWILA CONSULTANT:
DS DocuSigned by:
16896E0913213402
By:
Allan Ekberg, Mayor 10/27/2023 1 10:59 AM PDT
ATTEST/AUTHENTICATED:
,—DocuSigned by:
l,Axisfy 0-1FLatu ili
`— 88678483C8594 E7...
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
EDocuSigned by:
'6AA, Z0,11‘,C1
5E499CA4165E452...
Office of the City Attorney
CA revised May 2020
Printed Name: Nelson Davis
Title: Vice President
Page 5
EXHIBIT A
City of Tukwila
2024 Overlay Program
Scope of Work
September 25, 2023
The Consultant shall prepare final Plans, Specifications and Estimates for the 2024 Overlay
Program. It is anticipated approximately 5,000 to 7,000 linear feet of roadway overlay will be
included in the final Plans, Specifications, and Estimates. Specific roadway segments will be
determined from the following list of candidate streets in the Riverton and McMicken
neighborhoods:
RIVERTON
STREET
LIMIT 1
LIMIT 2
LENGTH
PCI
126th St
40th Ave S
42nd Ave S
317
67
128th St
East Marginal Way S
40th Ave S
87
44
128th St
40th Ave S
Macadam Rd S
854
62
132nd PI
S 132nd PI
S 132nd PI
214
41
35th Ave S
S 128th St
S 130th St
636
43
35th Ave S
S 126th St
S 128th St
423
49
35th Ln S
S 130th St
S 132nd St
483
43
37th Ave S
S 128th St
S 130th St
621
42
38th PI S
NORTH END
S 132nd PI
163
44
40th Ave S
East Marginal Way S
S 132" PI
881
51
40th Ave S
S 126th St
S 128th St
317
54
42nd Ave S
S 126th St
SE END
164
83
43rd Ave S
Macadam Rd S
SOUTH END
814
46
S 132nd PI
38th PI S
40th Ave S
285
54
Total
9040
City of Tukwila
2024 Overlay Program Page 1 of 6
KPG Psomas Inc
September 2023
MCMICKEN
STREET
LIMIT 1
LIMIT 2
LENGTH
PCI
S 160TH ST
42ND AVE S
51ST AVE S
2668
55 AVG
45TH AVE S
N END
S 161' ST
434
52
46TH AVE S
S 160TH ST
S 163RD ST
735
55
47TH AVE S
S 160TH
S 162ND ST
608
55
48TH AVE S
S 160TH ST
S END
911
47
49TH AVE S
N END
S 164TH ST
405
45
51ST AVE S
S 160th St
S 161St St
284
53
S 161' ST
W END
S 161' ST
364
58
S 163RD PL
51ST AVE S
E END
483
50
52ND AVE S
N END
S 164TH ST
173
69
SLADE WAY
53rd PIS
54th Ave S
314
43
S 166TH ST
53rd Ave S
54th Ave S
270
50
Total
6259
Project locations may be re -prioritized or deferred to a future overlay program based on
available budget, grant funding allocation, and other considerations. Preliminary cost estimates
for each segment will be prepared at the 30% design to verify the final project list to be
included in the 2024 Overlay Program.
The City of Tukwila may require other services of the consultant. These services could include
additional design, MEF documentation, 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.
Assumptions for the 2024 Overlay Program Bid Package
• Roadway segments that are not selected for inclusion in the 2024 Overlay Program
following review preliminary cost estimates will not be advanced to final design.
• Final Bid Documents will be prepared and ready for advertisement in March2024.
• Topographic survey will not be performed for roadway and utility casting mapping.
Paving limits and utility structure mapping will be based on aerial photography, GIS,
and field reviews by the Consultant.
• Topographic field survey will be performed only if ADA ramp and sidewalk
improvements are desired to be included in the final bid documents. A budget of three
field days and one basemap creation day has been accounted for.
City of Tukwila KPG Psomas Inc
2024 Overlay Program Page 2 of 6 September 2023
• Alignments are based off of existing ROW GIS established by the City's GIS mapping.
• Underground utilities are not shown, unless provided by GIS mapping and other utility
coordination.
• Utility structures inside roadway prism will be shown, but franchise utility structures
outside of roadway prism may not be shown.
• Lane widths and channelization types shall be replaced in kind unless otherwise
directed by the City through project progress meetings.
• Driveways that are disturbed will be restored with like pavement.
• It is assumed there will be approximately twenty (20) plan sheets at 1"=20' scale full
size (22" X 34"), 1"=40' at reduced scale (11" X 17").
• Full utility coordination is not included with this scope of work. The consultant shall
provide copies of the plans to utility purveyors/teams based on project locations and
solicit feedback. The Consultant is not responsible for design and coordination of any
system upgrades for third party utility systems.
• Drainage & Water Quality Reports will not be required.
• Environmental Documentation will not be required.
• Geotechnical exploration and/or investigation will not be required.
• Maximum Extent Feasible Documentation is not included in this scope of work
• 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.
• Traffic Control Plans will be the responsibility of the Contractor are not included with
this scope of work.
Deliverables
• Meeting notes during selection process
• 30% review submittal with Plans and Estimate (electronic copies)
• 90% review submittal with Plans, Specifications, and Estimate (electronic copies)
• Routing of 30% and 90% Plans to utilities for review and comment.
• Bid Documents and Engineer's Estimate for 2024 Overlay Program.
• Coordinate upload of Plans and Specifications to Builders Exchange.
• Bid Analysis and recommendation for award letter.
• Preconstruction Meeting Attendance.
SCOPE OF WORK
City of Tukwila KPG Psomas Inc
2024 Overlay Program Page 3 of 6 September 2023
TASK 1— Project Management
1.1 The Consultant shall provide continuous project management and administration for the
duration of the Project. (Estimate 8 months).
• Hold project coordination meetings with the City to update progress and review
submittals. Assume (8) 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 — Preliminary Design
2.1 The Consultant shall prepare base maps for the initial 25 roadway segments identified
above. The basemaps shall be created utilizing field measurements, available record
drawings, City GIS data, and aerial photography.
2.2 The Consultant shall prepare 30% Plans for each of the 25 new roadway segments.
Previously prepared segments will be included in the 30% submittal. The 30%
proposed improvements including the following:
• Plans shall be prepared with such provisions to produce a detailed engineer's
estimate.
• Topographic survey will not be utilized for 30% design. ADA ramp surveys will
be provided during final design for selected roadway segments.
• Typical sections and details will be prepared for items not available as standard
details from the City or WSDOT standard drawings.
• Plans will not include ADA curb ramp grading
• The plans shall illustrate limits of construction and removals, utility
adjustments, surfacing depths and applicable channelization and signing
• The Consultant shall perform one site walkthrough to determine extent of
roadway repairs / resurfacing
• Plans shall be distributed to third party utilities and City utility staff.
2.3 The Consultant shall calculate quantities and prepare a Preliminary Engineers
Estimate of Probable Construction Cost for each of the 25 roadway segments. Up to
five roadway segments will be prioritized in collaboration with the City based on
available budget and other considerations.
Deliverables
• 30% Plans for up to 12,000 linear feet of roadway segments
City of Tukwila
2024 Overlay Program Page 4 of 6
KPG Psomas Inc
September 2023
• 30% Cost Estimate for each candidate segment
• Recommendation for up to 5,000 to 7,000 linear feet of roadway segments for Final
Design and Advertisement based on available budget. Final selection of roadway
segments for inclusion in the 2024 Overlay Program will be by the City.
TASK 3 — Final Design
3.1 The Consultant shall prepare 90%, and Final Plans for up to 5,000 to 7,000 linear feet
of roadway segments selected in Task 2 based on available budget. 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.
• Topographic survey will be utilized only at ADA ramp locations where field
conditions require it to meet ADA compliance.
• Typical sections and details will be prepared for items not available as standard
details from the City 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.
• The Consultant shall perform site walkthroughs with the City maintenance
staff to determine extent of roadway repairs / 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.
• The Consultant shall distribute 90% review submittals to franchise utility
owners for adjustments within the Project limits.
3.2 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable
Construction Cost for in preparation for the bid documents and proposal as well as a
site by site cost estimate for each review submittal and the Bid Documents.
3.3 The Consultant shall prepare the Contract Specification per 2024 WSDOT Standard
Specifications for the 90% Review Submittal and the Bid Documents.
City of Tukwila KPG Psomas Inc
2024 Overlay Program Page 5 of 6 September 2023
3.4 The Consultant shall utilize the construction management team for a QA/QC review
of measurement and payment at the 90% submittal.
Deliverables
• 90% & Final Plans for up to 5,000 to 7,000 linear feet of roadway segments
• 90% & Final Cost Estimate for up to 5,000 to 7,000 linear feet roadway segments
• 90% & Final Contract documents including Project Special Provisions
TASK 4 — Bid Period Services
4.1 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.
City of Tukwila
2024 Overlay Program Page 6 of 6
KPG Psomas Inc
September 2023
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Total Hours and Labor
Cost Computations by Task
Hours Totals
Task 1 Project Management
$ 3,393.29
$ 3,393.29
Task 2 Preliminary Design
$ 4,978.26
$ 7,369.20
$ 3,068.28
$ 15,415.74
Task 3 Final Design
$ 14,118.92
$ 3,899.04
$ 4,440.00
$ 6,176.04
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Task Total
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Task Total
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90% and Final Construction Cost Estimate
90% and Final Contract Specifications
QA/QC Review of 90% submittal
Task Total
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Reccomendation of Award Letter
Task Total
Total Labor Hours and Fee
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