HomeMy WebLinkAbout24-085 - Contract - KPG Psomas, Inc - 2024 Annual Small Drainage Program Design & Construction ManagementCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 24-085
Council Approval 5/6/24
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. Project Designation. The Consultant is retained by the City to perform Design, Permitting,
and Construction Management services in connection with the project titled 2024 Annual
Small Drainage Project .
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A-
1" and "A-2" attached hereto, including the provision of all labor, materials, equipment, and
supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2025 , 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, 2025 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 $377,518.00 without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
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 Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
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 Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
DATED this 26th day of May , 20 24 .
CITY OF TUKWILA CONSULTANT:
—DSrscW D ocuSigned by:
,
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Thomas McLeod, Mayor
6/26/2024 10:12 AM PDT
ATTEST/AUTHENTICATED:
EDocuSigned by:
3D04AB9746FA4E8...
Andy Youn, City Clerk
APPROVED AS TO FORM:
[DocuSigned by:
GAL ZaAVCI
5E499CA4165E452...
Office of the City Attorney
CA revised May 2020
Printed Name: Nandez Miller
Title: Vice President
Page 5
EXHIBIT A-1
City of Tukwila
2024 Small Drainage Program
City Project Number: 9204XXXX
KPG Project Number: XXXXX
Design Services Scope of Work v2
April 15, 2024
PROJECT DESCRIPTION
The Consultant shall prepare final Plans, Specifications and Estimates for the 2024 Small Drainage
Program as well as preliminary design and site reconnaissance for future 2025 Small Drainage Program.
The project will include the following sites:
Site 1: 13601 40th Ave S - Upgrade failed conveyance stormwater conveyance at 42nd Ave S
to Southgate Creek
Replace and install new storm drain system approximately 170 LF along with three drainage
structures, modular wetland unit, and dissipation pad for outfall near upper Southgate Creek reach.
Tie into the upstream existing system at 42nd Ave S. This site will require a SEPA and City of Tukwila
Special Permissions Permit with project limits within Type 3 Watercourse Buffer. This site location
was partially designed as part of the 2021 Small Drainage Program. It has been verified by WDFW
that an HPA is not required as no work will occur within the OHWM of the stream.
Site 2: MacAdam Rd S, south of S 144th St Drainage System — Upgrade roadside ditch to
stormwater conveyance system
Remove existing 12" concrete pipe and structures and install new storm drain system approximately
340 LF of 12" pipe along with four drainage structures. Tie into the existing system. Regrade existing
swale and ditchline. As parallel trench drain with perforated pipe to the closed conveyance system to
maintain drainage capacity from surface runoff and swales. SEPA permitting will not be required.
Site 3: MacAdam Rd S, north of S 144th St - Revise driveway entrances to reduce ice
formation on MacAdam
Regrade up to three existing driveways that currently sheet flow runoff onto MacAdam Rd S. Add
HMA thickened edge or HMA berm to direct driveway sheet flow into existing storm drainage system.
Excavate and connect private storm pipe outlet into storm conveyance system (approximately 40 LF)
with new Type 1 structure tee 'd into existing conveyance across driveway. Restore collected debris
and sludge around existing catch basins on either end of the three driveways. SEPA permitting will
not be required.
Site 4: Strander & West Valley Hwy — Cured In Place Pipe (CIPP) for storwmwater
conveyance pipe preservation due to tree root invasion
Review City Maintenance CCTV and propose pipe cleaning, cured in place pipe lining (CIPP) and
any necessary open excavation pipe spot repair for approximately 330 LF of pipe. While this storm
conveyance pipe outfalls to the Green River, this project site will be exempt from SEPA and City of
Tukwila Special Permissions Permit classified under maintenance project. Existing storm pipe may
City of Tukwila
2024 Small Drainage Program Page 1 of 6
KPG Psomas, Inc.
April 2024
EXHIBIT A-1
run through KC parcel and along City ROW. The existing storm conveyance pipe is under City of
Tukwila Jurisdiction and City will manage all coordination with KC.
Site 5: S 116th Way from Tukwila International Blvd (TIB) to 3465 S 116th Way —
Groundwater and hillside seeps water producing roadway ice and pavement wear Study
Review hillside runoff from the southwest side of S 116th Way. Review options to redirect runoff into
storm conveyance system to prevent sheetflow and groundwater runoff onto asphalt shoulder and
across travel lanes. Work includes subconsultant managing groundwater level testing and
determining environmental permitting requirements for improvement work along roadway prism.
Work will include Environmental Biologist site visit to determine any wetland delineation. Work also
includes coordination with WSDOT for any work within limited access that may extend over to SR 99
off ramp and detention pond as well as coordination with City of Burien on interagency jurisdiction
responsibilities.
Site 6: 65th Ave S at Southcenter Blvd. — Groundwater seeps water producing roadway ice
and pavement wear Study
Review options to collect and infiltrate seeping groundwater from pavement along 65th Ave S. Work
includes subconsultant managing groundwater level testing, reviewing existing utilities along project
limits, and pavement repair. SEPA permitting will not be required.
PROJECT GENERAL ASSUMPTIONS
It is anticipated that Sites 2, 3, & 4 will be constructed as a single bid package for the 2024 Small
Drainage Program as budget or other considerations allow. Site 1 will be designed to final bid design to
secure environmental permitting and utility easements for the 2025 SDP bid package. Sites 5 and 6 will
be designed through preliminary conceptual design with geotechnical and environmental reconnaissance
to determine level of effort for future final design and construction costs.
The Consultant shall provide surveyed base maps with horizontal utility locations, or base maps created
from field measurements, ortho-photography, and GIS data as necessary for each site. If necessary,
surveyed base maps will include right-of-way line work based on available public records. Project
horizontal and vertical datum will be NAD83/2011 and NAVD88 respectively on all sites.
The Consultant shall prepare a SEPA checklist and Special Permissions Permit when required at Site 1. No
additional permits are anticipated within this scope for the other sites.
The Consultant shall determine wetland delineation, if present, at Site 5.
It is the Consultants understanding that none of these sites require biological assessments, additional
permits, wetland delineations, geotechnical review, detention facilities, or water quality treatment facilities
beyond those listed within project site descriptions.
It is the Consultants understanding that aside from the proposed Site 1, all work will be completed within
City right of way, existing easements, and/or approved temporary right of entry, and no further easement
acquisition is anticipated.
It is the Consultants understanding that the City will coordinate and secure right of entry and temporary
access for any work for property restoration with the property owners. It is assumed this work will be
completed during daytime working hours and a noise variance permit will not be required.
City of Tukwila KPG Psomas, Inc.
2024 Small Drainage Program Page 2 of 6 April 2024
EXHIBIT A-1
It is the Consultants understanding that the City will coordinate and review any franchise utility submitted
right of way use permits, construction permits, and temporary access for any work for utility location and
relocation required to install the drainage improvements.
SCOPE OF WORK
TASK 1— 2024 Small Drainage Program Design
1.1 MANAGEMENT/COORDINATION/ADMINISTRATION
• The Consultant shall provide continuous project management and administration for the
duration of the Project. (Estimate 20 months).
• Hold monthly project coordination meetings with the City to update progress and review
submittals. Assume (20) meetings.
• The Consultant shall provide monthly status reports and billings.
• The Consultant shall provide independent QA/QC reviews by senior in-house staff of all
deliverables prior to submittal to the City.
1.2 Previously obtained mapping for Site 1 will be utilized. The Consultant shall prepare supplemental
survey to Site 1 where design storm alignment is altered, and limits are extended. The Consultant
shall prepare survey for Sites 2 and 3 to support design of replacement and proposed stormwater
conveyance. Sites 4-6 currently do not have scoped survey and will utilize previous information, GIS
mapping, and aerials to layout improvements.
1.3 For Site 1, based on approved 30% preliminary design layout, the Consultant shall prepare necessary
easement and legal descriptions to acquire utility easement to existing City storm facilities. The City
will review the project and easement needs to obtain approval from the property owner. The
Consultant shall make necessary revisions to design based on easement conditions negotiated
between the City and property owner and include the final design into the Bid Documents. For Site
5, the Consultant shall order property title report to confirm if existing City stormwater utility
easement is present. Management Reserve will be used to prepare Legal Description and Figure if
utility easement at Site 5 does not exist.
• Deliverables
o Legal Description and figure(s) for City Utility Easement (assume one (1) private
parcel.) (pdf).
o Site 5 parcel Title Report (pdf).
1.4 For Site 1, the Consultant shall prepare 50%, 90% and final design. This includes stormwater
memorandum and modeling for the proposed water quality modular wetland unit.
1.5 For Site 2, the Consultant shall prepare 50%, 90%, and final design.
1.6 For Site 3, the Consultant shall prepare 50%, 90%, and final design.
1.7 For Site 4, the Consultant shall prepare 50%, 90%, and final design.
City of Tukwila KPG Psomas, Inc.
2024 Small Drainage Program Page 3 of 6 April 2024
EXHIBIT A-1
1.8 For Site 5, the Consultant shall prepare 30% preliminary design.
1.9 For Site 6, the Consultant shall prepare 30% preliminary design.
1.10 The Consultant shall prepare 50% and 90% plan set review submittals for Sites 1-4. It is anticipated
that Site 4 will be packaged into the 2024 Small Drainage Bid Package for Construction but will be
ready for the 2025 SDP.
1.11 The Consultant shall conduct a site visit at Site 1, to characterize and delineate the OHWM of the
Type 3 watercourse (stream) in the project area, to characterize the potential stream buffer impacts
from the project. This task also includes time for wetland reconnaissance along the slope adjacent to
Site 5, to determine if any seep wetlands are present.
1.12 The Consultant shall prepare a SEPA checklist for Site 1 due to land disturbing area within Type 3
watercourse Stream buffer. Consultant assumes Sites 2-4 do not require SEPA checklist.
1.13 The Consultant shall prepare City Special Permissions Permit for the 2024 Small Drainage Program
requiring Special City review. This is anticipated to be for only Site 1 where project site location is
within existing Type 3 watercourse Stream buffer.
1.14 The Consultant shall prepare Critical Areas Report (CAR), if triggered, at Site 1 to support the Special
Permissions Permit. The critical areas study will be prepared according to the requirements of TMC
18.45 — Environmentally Critical Areas. It is anticipated that on-site buffer enhancement will serve
as acceptable mitigation for impacts from the stormwater outfall/diffuser that will be located in the
riparian buffer zone. The CAR will include a mitigation report with mitigation goals, objectives,
performance standards, and monitoring commitments. This task also includes effort for the creation
of up to two plan sheets, detailing the mitigation actions and including planting quantities and take
offs.
1.15 The Consultant shall support their Geotechnical Subconsultant for Site 5 and 6 to measure
groundwater levels to assist with recommendation of design solutions for seeping water and runoff
collection. Monitoring will be done within rainy season and appropriate times to collect accurate data
and per best engineer practices. Groundwater monitoring scope will be finalized and agreed upon
between Consultant and City prior to any work completed within Task 1.15. This task includes site
visit with Geotechnical Subconsultant prior to geotechnical testing.
1.16 The Consultant shall prepare the Contract Specification per 2024 WSDOT Standard Specifications
for the 90% Review Submittal and the Bid Documents for Sites 2,3,4.
1.17 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction
Cost for the 50% and 90% Submittal as well as the Bid Documents for Sites 2,3,4.
1.18 The Consultant shall distribute preliminary mapping and 50% review submittals to franchise utility
owners to identify potential conflicts within the Project limits. Notification and design coordination
will continue through final design. (Assume one (1) site visit with franchise utilities).
City of Tukwila
2024 Small Drainage Program Page 4 of 6
KPG Psomas, Inc.
April 2024
EXHIBIT A-1
1.19 The Consultant shall prepare final Bid Documents for Sites 2,3,4 for the proposed improvements
including the following:
o 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.
o Details will be prepared for items not available as standard details from the City, State,
or WSDOT standard drawings.
o The plans shall illustrate complete details of construction of the proposed
improvements including limits of construction and removals, proposed invert
elevations, rim elevations and required construction materials.
o Drainage designs will be determined through consultation with City staff and from
previous experience rather than detailed basin modeling.
1.20 The Consultant shall provide bid period services to include responses to bidder inquiries, preparation
of addenda, and attendance at bid opening. The budget assumes a straightforward review process
with the low bidder receiving the contract award. See Exhibit A-2 and B-2 for full construction
services for 2024 SDP including bid period services for preparation of bid tabulation and
recommendation to award or reject the apparent low bidder.
• Deliverable Assumptions
o The project will not involve work within wetlands or within the OHWM of any stream,
therefore no WDFW HPA or Army Corps CWA 401/404 permits will be required.
o Site visits will be limited to publicly accessible parcels and ROW. If private property
access is required, the City will provide the Consultant appropriate Right of Entry
permissions.
o The project does not include wetland delineation or preparation of a CAR for Site 5. If
the site reconnaissance determines there are wetlands adjacent to the project, a scope
and budget amendment or management reserve funds will be required for delineation
and permitting to support design improvements.
o No federal funding is anticipated for the Project engineering or construction.
o No utility upgrades beyond storm conveyance are anticipated in the project design.
o This project will not require Drainage & Water Quality Reports except for Site 1 for
sizing of modular wetland unit.
o City to submit any environmental permitting applications.
o Potholing of existing underground utilities will be completed by franchise utilities. The
approval and construction and right of way permit reviews will be completed by City.
o City to obtain easement approval and record easement for Site 1 with Consultant
prepared legal description and figure.
• Deliverables (all deliverables shall be electronic PDF unless otherwise noted)
o Supplemental Survey Basemap for Site 1.
o Survey Basemap for Site 2 and Site 3.
City of Tukwila
2024 Small Drainage Program Page 5 of 6
KPG Psomas, Inc.
April 2024
EXHIBIT A-1
o Legal Description and figure(s) for City Utility Easement (assume one (1) private
parcel.) for Site 1 (pdf).
o Title Report for Site 5 (pdf).
o SEPA Checklist for Site 1.
o Special Permissions Permit for Site 1.
o Critical Areas Report for Site 1.
o Drainage Memo for Site 1 for sizing of Modular Wetland Unit.
o Geotechnical Memorandum with groundwater level collected data for Sites 5 & 6
(When Task 1.15 has been approved by City).
o 30% review submittal with Plans and high level planning estimate for Sites 5 & 6.
o 50% review submittal with Plans and Estimate for Sites 1- 4.
o 90% review submittal with Plans, Specifications, and Estimate for Sites 1-4.
o Bid Documents and Engineer's Estimate for Sites 2-4. (3 sets 1/2 size plans, specs, and
estimate and hard copies and electronic PDF)
o Coordinate upload of Plans and Specifications to Builders Exchange.
Management Reserve Services
Included in this Contract's Management Reserve includes, but is not limited to:
• Any additional services requested from the City to advance project through final design and
construction.
The above activities will require written authorization from City to access management reserve funds.
Additional Services
The City of Tukwila may require other services of the Consultant. These services could include additional
design, right of way, utility potholing, environmental documentation, geotechnical exploration, or other
work tasks not included in the scope of work. At the time these services are required, the Consultant will
provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not
proceed with the work until the City has authorized the work and issued a Notice to Proceed.
City of Tukwila
2024 Small Drainage Program Page 6 of 6
KPG Psomas, Inc.
April 2024
EXHIBIT A-2
City of Tukwila
2024 Small Drainage Program
City Project Number: xxxxxxxx
KPG Psomas Project Number: xxxxxxxx
Construction Management Services Scope of Work vl
April 15, 2024
KPG Psomas will provide construction management services for the construction contract to complete the
City of Tukwila 2024 Small Drainage Program Project. The proposed work includes:
Site 2: MacAdam Rd S, south of S 144th St Drainage System — Upgrade roadside ditch to
stormwater conveyance system
Remove existing 12" concrete pipe and structures and install new storm drain system approximately
340 LF of 12" pipe along with four drainage structures. Tie into the existing system. Regrade existing
swale and ditchline. As parallel trench drain with perforated pipe to the closed conveyance system to
maintain drainage capacity from surface runoff and swales. SEPA permitting will not be required.
Site 3: MacAdam Rd S, north of S 144th St - Revise driveway entrances to reduce ice
formation on MacAdam
Regrade up to three existing driveways that currently sheet flow runoff onto MacAdam Rd S. Add HMA
thickened edge or HMA berm to direct driveway sheet flow into existing storm drainage system.
Excavate and connect private storm pipe outlet into storm conveyance system (approximately 40 LF)
with new Type 1 structure tee 'd into existing conveyance across driveway. Restore collected debris and
sludge around existing catch basins on either end of the three driveways. SEPA permitting will not be
required.
Site 4: Strander & West Valley Hwy — Cured In Place Pipe (CIPP) for storwmwater
conveyance pipe preservation due to tree root invasion
Review City Maintenance CCTV and propose pipe cleaning, cured in place pipe lining (CIPP) and any
necessary open excavation pipe spot repair for approximately 330 LF of pipe. While this storm
conveyance pipe outfalls to the Green River, this project site will be exempt from SEPA and City of
Tukwila Special Permissions Permit classified under maintenance project. Existing storm pipe may run
through KC parcel and along City ROW. The existing storm conveyance pipe is under City of Tukwila
Jurisdiction and City will manage all coordination with KC.
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 35 working days.
City of Tukwila
2024 Small Drainage Program
Construction Management Services
KPG Psomas
Page 1 of 9 April 15, 2024
EXHIBIT A-2
• The proposed project team will include a part time Project Manager (1 hrs a week) part time
Resident Engineer (15 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. 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 Psomas 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.
• 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.
City of Tukwila
2024 Small Drainage Program
Construction Management Services
KPG Psomas
Page 2 of 9 April 15, 2024
EXHIBIT A-2
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 Assist City with the Award Process: KPG Psomas will provide support to attend bid opening,
tabulate bid tabs, and provide recommendation letter for Award.
2.2 Administrative Services up to Contractor Notice to Proceed (NTP): KPG Psomas will provide
support startup of the project with any miscellaneous administrative needs not specifically outlined
in items 2.2 — 2.9, which are further detailed below.
2.3 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.
2.4 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.
2.5 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.
2.6 Prepare Record of Materials (ROM): Consultant shall modify WSDOT-provided ROM, to align
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, however creation of a
complete project ROM is outside the scope of the current budget and may require a supplement.
2.7 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.
City of Tukwila
2024 Small Drainage Program
Construction Management Services
KPG Psomas
Page 3 of 9 April 15, 2024
EXHIBIT A-2
2.8 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.
2.9 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 - FIELD
3.1 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 Psomas.
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.
ix. Prepare field records and documents to ensure the Project is administered in accordance
with the plans and specifications.
City of Tukwila
2024 Small Drainage Program
Construction Management Services
KPG Psomas
Page 4 of 9 April 15, 2024
EXHIBIT A-2
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.
TASK 4 — CONSTRUCTION SERVICES — OFFICE
4.1 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.
City of Tukwila
2024 Small Drainage Program
Construction Management Services
KPG Psomas
Page 5 of 9 April 15, 2024
EXHIBIT A-2
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.
d. 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
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.
J.
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.
1. 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.
City of Tukwila
2024 Small Drainage Program
Construction Management Services
KPG Psomas
Page 6 of 9 April 15, 2024
EXHIBIT A-2
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
Psomas's subcontractor logs.
4.2 Construction Management Field Paperwork: Consultant shall review and assist with processing
of field paperwork from the Inspector and Contractor for tracking and documentation.
4.3 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.
4.4 Utility Coordination: The 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. (Assume 2 hours per working week)
Deliverables:
• Approved Submittals and Submittal log
• 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 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.
City of Tukwila KPG Psomas
2024 Small Drainage Program
Construction Management Services Page 7 of 9 April 15, 2024
EXHIBIT A-2
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.
5.2 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.
5.3 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.
5.4 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: HWA Material Testing will be retained as KPG Psomas's subconsultant 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 reduced frequency as -directed by City
project manager.
City of Tukwila
2024 Small Drainage Program
Construction Management Services
KPG Psomas
Page 8 of 9 April 15, 2024
EXHIBIT A-2
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 ofpossible additional services.
This fee is based 35 working day contract, with 10 additional reduced -effort days for startup and 20
additional reduced -effort days for closeout, for a total of 65 days / 13 weeks, 8 -hour days, additional
extension of days will be approximately $1,136.00 per day for one person. (8 hours x $142.00 =
$1,136.00)
City of Tukwila
2024 Small Drainage Program
Construction Management Services
KPG Psomas
Page 9 of 9 April 15, 2024
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