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HomeMy WebLinkAbout25-231 - Contract - KGP Psomas Inc. - Construction Management & Inspection: Gilliam Creek Culvert Erosion RepairCity of Tukwila Contract Number: 25-231 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A 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 Psomas, Inc. , hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Prosect Designation. The Consultant is retained by the City to perform Construction Management and Inspection services in connection with the project titled Gilliam Creek Culvert Erosion Repair . 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 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 $98,915 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. Assianment. 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: 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 30 day of July, 2025_. CITY OF TUKWILA Signed by: ... Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: �l " � "r, 1 bU,514 ... Jennifer Marshall, Deputy City Clerk APPROVED AS TO FORM: Signed by: Office of the City Attorney CONSULTANT: By: Printed Name: Terry Wright Title: Vice President CA revised May 2020 Page 5 EXHIBIT A-1 City of Tukwila Gilliam Creek Culvert Erosion Repair City Project Number: xxxxxxxx Psomas Project Number: xxxxxxxx Construction Management Services Scope of Work v3 July 18, 2025 Psomas (Consultant) will provide construction management services for the construction contract to complete the City of Tukwila Gilliam Creek Culvert Erosion Repair Project. The proposed work includes construction of approximately 60 linear feet of streambank improvements within- Gilliam Creek, upstream of the 66"' Ave S culvert, including but not limited to repairing eroded areas by placing streambed boulders for embankment toe reinforcement an culvert inlet protection, backfilling with ballast and riprap, installing plan stock tubes and live stakes, and other items necessary to complete the Work shown on the Contract Documents. The design and construction documents have been prepared by Otak, Inc. as Engineer of Record (EOR) on this Project. This project is funded by local funds and a "King County Flood Control District Grant." 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: 0 The level of service and fee is based on project duration of 18 working days. The proposed project team will include a part time Construction Project Manager (2hrs a week) part time Resident Engineer (15 hours a week), one full time Construction Inspector (45 hours a week), a part time Documentation Specialist (I 5hours a week), one support Project Engineer from Psomas's design team to review submittals and interpret Contractor inquiries, as needed if EOR is not available (4 hours total). The team also includes a Psomas biologist to provide services for fish removal as a condition of the permits, and a Psomas cultural archaeologist to provide site observation monitoring during grading and excavation activities on the site as a condition of the permits, RCO, Duwamish Tribe and to satisfy Tukwila Municipal Codes. No 3rd party material testing is required on this project. If during construction, the City or Engineer on Record requests material testing, it is currently not provided as part of this scope. 0 City will review and execute the insurance, bonds, and the Construction Contract. ON of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 1 of 10 July 18, 2025 EXHIBIT A-1 • Certified Payroll review is not required for this project. City will review and execute progress payments prepared by Consultant. If there is force account on this project, Consultant will review payroll for accuracy. • Consultant will coordinate during audits or traffic control operations related to project impacts and help the City to complete required correspondence with agencies listed in the contract documents by inviting stakeholders to preconstruction conference and weekly meetings, as necessary on a weekly basis. • 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. The Contractor will coordinate with Josh Hopkins and Catrien De Boer at City directly. • 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, City and Engineer of Record. Consultant will help facilitate coordination between utilities and Contractor by inviting utilities to preconstruction conference and weekly meetings. II. 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 Citv of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 2 of 10 July 18, 2025 EXHIBIT A-1 TASK 2 — ADMINISTRATIVE SERVICES UP TO CONTRACTOR NOTICE TO PROCEED 2.1 Administrative Services up to Contractor Notice to Proceed (NTP): The City and their EOR will generate and provide bid tabulation, award letter and construction obligation to identified, eligible Contractor. Psomas will provide support startup of the project with any miscellaneous administrative needs not specifically outlined in items 2.2 — 2.7, which are further detailed below. 2.2 Preconstruction (PreCon) Photos: Psomas staff shall collect and log a comprehensive set of precon photos at the outset of the project, for the put -pose of documenting pre-existing site conditions. This shall include, but is not limited to: curb and roadway surface condition at each of the two temporary construction access points, the slope conditions for both temporary construction access, and traffic cabinets. These shall be delivered to the City in digital form as part of the final project files. These photos may be taken during first working day or when safe access to site is secured by Contractor. 2.3 Review Plans and Specs: 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. 2.4 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. 2.5 Prepare Submittal Log: In the absence of a formal LAG WSDOT-provided ROM, Consultant shall generate a submittal log for material and non -material submittals associated with the bid items on the project. 2.6 Preconstruction Conference: 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. 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. 2.7 Prepare Templates: 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. Josh Hopkins and Griffin Lerner at City will be providing billing codes and cost template set-up support. Deliverables: 0 Preconstruction conference meeting minutes 0 Pre -construction Photos ON of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 3 of 10 July 18, 2025 EXHIBIT A-1 • Submittal Log 0 Templates 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 inspection daily reports (IDR) and working days reporting are completed in atimely manner and contain sufficient information to assess whether the work is being conducted in compliance with the Contract Documents. 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 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. 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. City of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 4o 10 July 18, 2025 EXHIBIT A-1 • Assumption is Client's Contractor shall work normal 40 -hour work weeks. For this project the "normal" work week may occur at night. 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: • Inspection Daily Reports with project photos. • Field Note Records for all field -measurable pay items. TASK 4 — CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE 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 on record, utilities and property owners on-site 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 and send over to FOR for concurrence. Submittals shall be logged and tracked by Consultant. d. Requests for Information (RFI): Consultant shall review and complete initial response to RFI's. RFI's will then be sent to FOR for concurrence if RFI pertains to design decision. BFI'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 Citv of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 5 of 10 July 18, 2025 EXHIBIT A-1 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 (FWD) as necessary to keep the Contractor on schedule. FWD will be sent to FOR for review and concurrence if FWD pertains to design. h. Force Account: The Consultant will track Contractor force account (FA) 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. FA will be sent to EOR for review and concurrence if FA pertains to design. 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. j. 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 Psomas's subcontractor logs. ON of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 6 of 10 July 18, 2025 EXHIBIT A-1 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. 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 • 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. 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. Citv of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 7o 10 July 18, 2025 EXHIBIT A-1 5.3 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 — FISH REMOVAL The conditions of the Washington State Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA) required that prior to bank stabilization, fish be excluded from the work area in Gilliam Creek and that any fish left in the isolated channel be removed and relocated into the flowing stream channel up- or downstream of the project sites. The purpose of the work is to exclude fish from the work area and to remove all fish from the isolated portions of the work areas prior to in -water construction activities. 6.1 Prepare Fish Removal Work Plan: The Consultant biologist will review plans and specifications and the WDFW HPA and coordinate with the City and selected contractor on project timing and implementation, including fish exclusion to be conducted by the contractor. 6.2 Fish Removal and Documentation: The consultant will provide fish removal equipment, specifically a backpack electrofisher, buckets, dip nets, and oxygenation. Two Psomas fisheries biologists work together using electrofishing, dip nets and/or seine nets to remove the fish from the exclusion areas. The consultant will also be present during reach dewatering activities to remove any remaining fish from the work area. This subtask includes preparation of a brief memorandum, documenting the results of the fish removal activities, as required by the HPA. Assumptions: Contractor will provide, set-up and remove all fish isolation materials, including posts and block nets. Contractor will be responsible for monitoring and maintaining block net integrity during the duration of the de -watering. The Contractor will notify the fisheries biologist at least five (5) full business days before the workday that fish salvage activities will be required. Psomas assumes that a maximum total of two full field days for two staff (10 hours each day including equipment prep) will be adequate to achieve the scope of work. 0 The Contractor will perform all in -water activities only during the approved fish window as specified ON of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 8o 10 July 18, 2025 EXHIBIT A-1 in the HPA and in accordance with all terms and conditions in the HPA. Fish removal activities will not affect species listed under the Endangered Species Act. If ESA - listed species are expected, a federal fish collection permit will be obtained from the appropriate federal agencies by the City. Deliverables: • Removal of fish by qualified fisheries biologists prior to culvert removal or retrofit activities. • The Consultant will provide a brief (2 to 5 page) memorandum to the City, indicating successful completion of the task per the HPA requirements, with information on each sampling effort, including equipment settings, number and species composition of fish removed, and any injury or mortality observed. TASK 7 — ARCHAEOLOGICAL MONITORING 7.1 Field Work: Psomas will conduct a brief (-10 min) construction resources tailgate orientation for construction personnel. Psomas will conduct up to 8 days of archaeological monitoring during construction, operating under the project Inadvertent Discovery Plan provided by RCO. Assumptions: • 24-hour notice will be provided for all archaeological monitoring to provide adequate notice and scheduling of monitoring personnel. • No weekend monitoring will be necessary. If weekend monitoring is needed, a budget amendment may be necessary. • A Psomas archaeologist will be on-site up to 8 working days for up to 8 hours a day. If additional monitoring is required, a budget amendment may be necessary. • Budget includes drive time to/from the Project location (I hour round-trip). • Psomas archaeologist will bill a minimum of 8 hours per day. If no monitoring is required (and less than 24 hours notice was provided), or less than 8 hours is required on any given day, an 8 - hour minimum will be billed. • There will be no archaeological or human remains discoveries during construction. • No archaeological site or isolate forms will be completed. If an archaeological site or isolate is identified, a scope and budget amendment may be necessary. • HAZWOPER-certification will not be required. 7.2 Archaeological Monitoring Report: Psomas will summarize the results of archaeological monitoring in a report that will meet the current DAHP standards. Deliverables: 0 One draft Archaeological Monitoring Report (Word format) submitted by Psomas to Client. Citv of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 9 of 10 July 18, 2025 EXHIBIT A-1 • One revised draft Archaeological Monitoring Report (Word format) submitted by Psomas to Client for review by USACE. • One final Archaeological Monitoring Report (pdf format) submitted by Psomas to Client. Assumptions: • There will be no archaeological or human remains discoveries during construction. Schedule: • Draft Monitoring Report will be submitted to the Client within 20 business days of notification from the Client that no further construction ground disturbance will occur. ADDDITIONAL SERVICES: 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 and will be issued as a supplement. 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, claims analysis, certified payroll, 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 18 working day contract, with 10 additional reduced -effort days for startup and 15 additional reduced -effort days for closeout, for a total of 43 days„ 8 -hour days, additional extension of days will be approximately $1,192.00 per day for one inspection person. (8 hours x $149.00 = $1,192.00) City of Tukwila Psomas Gilliam Creek Culvert Erosion Control Construction Management Services Page 10 of 10 July 18, 2025 PSOMAS EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS Client: City of Tukwia Project Name: Gilliam Creek Culvert Erasion Repair P-1— Project Number y y ... 1-1— —F d3 in p-- tlas�ut o0000000mo0000a® o0000000moomm®oma o0000000�000®00® o00000oo�o0momo® a0000000�oomomom a®o®00000000000m 000000mo�m00000m