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Home My WebLink About12-095 - Kennedy Jenks Consultants - Howard Hanson Dam Levee Repair and Maintenance Construction ManagementSUPPLEMENTAL AGREEMENT NUMBER 1 TO CONSULTANT AGREEMENT NUMBER 12-095(a) THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City ", and Kennedy /Jenks Consultants, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, 8 August, 2012 and identified as Agreement No. 12 -095. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, is herein supplemented with the attached Exhibit "A-1", including the provision of all labor, materials, equipment and supplies. See Exhibit A -1, attached with additional scope of services. 2. Payment, shall be amended as follows: See Exhibit A -1, attached, with additional fees for added scope of work. 3. Time for Performance, shall be amended as follows: Additional 57 days, making 31 July, 2013, the revised completion date. Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $25,000 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $214,632.33. 7) 114 DATED this day of l/iNe , 20 i� . CITY OF TUKWILA CONSULTANT Vic.P By: Printed Name: David C. Brown Title: Authorized Signer Spa a/6i/uAs Kennedy /Jenks Consultants Mr. Michael Ronda City of Tukwila 30 May 2013 Page 2 • Terms of the prior agreement remain in place, including the specific scope items listed in Exhibit A of the original agreement, and Kennedy /Jenks Consultants proposes to retain the original contract billing rates as well. • A budget line is included for $3,250 for Hong West to perform materials testing services. Budget Analysis Current rates are included in Exhibit B.1 for staff to be working on the project this year, with hourly rates held to the original contract year. Exhibit B.1 is attached. 1. Original Contract: *Add: PO 5266612/5/12 *Add: PO 520701/23/1 $184,927.93 $3,700.00 $1,004.40 2. Total Currently Contracted Amount: $189,632.33 3. Budget Expended (billed) through April 30, 2013 $175,126.98 4. Budget Available through 30 April 2013: $14,505.35 5. Estimated Cost to Complete (Exhibit B.1): $38,357.00 6. Estimated Contract Deficit (Line 5 - Line 4): $23,851.65 7. Budget Increase Requested $25,000.00 8. New Proposed Total Budget (Line 2 + Line 7): $214,632.33 * Note: These purchases are included in the budget analysis, since our invoices to date have included them in the contract totals and budget expended. Schedule Adjustment Kennedy /Jenks Consultants also requests an adjustment to contract completion time. The current contract end date is June 4, 2013. We would anticipate an extension of approximately 8 weeks should be adequate to complete the construction and close -out work on the CM contract. A new contract end date of July 31, 2013 should suffice, barring additional unforeseen changes to the construction contract timeline. c: \users\davidbrown \desktop\budaug 1_may2013.doc EXHIBIT B.1 - Estimated Cost to Complete - Revision 1 Kennedy /Jenks Consultants CLIENT Name: PROJECT Description: Proposal /Job Number: City of Tukwila City Project 10301301 - Estimated Cost to Complete Rates - all personnel rates from original contract Classification: Project Manager - David Brown Construction Manager - Ken Gunther Senior Inspector - Tim Childs Construction Inspector (TBD) Project Assistant (TBD) Total Labor Escalation ` I Comm. Charges ` I Hong West (HWA) c Contr. #2 c Sub - Markup KJ in 0 O ODCs Markup O 1-- 3 N 1- 0) Total Expenses Total Labor + Subs + Expenses Hourly Rate: $195.30 $125.55 $125.55 $97.65 $80.21 Hours Fees 0% 0% Fees Fees 10% Fees 0% Fees Phase: Construction Services 301 Project Management 0 $0 $o $0 $0 $0 $0 $0 $0 302 Preconstruction Phase 0 $0 $0 $0 $0 $0 $0 $0 $0 303 Construction Services - Field 200 200 $25,110 $0 $3,250 $325 $500 $0 $25,110 $3,575 $500 $29,185 304 Construction Services - Field Office 30 20 10 60 $9,172 $0 $0 $0 $9,172 $0 $0 $9,172 305 Submittal Processing 0 $0 $0 $0 $0 $0 $0 $0 $0 306 Change Orders 0 $0 $0 $0 $0 $0 $0 $0 $0 307 Engineering Assistance 0 $0 $0 $0 $0 $0 $0 $0 $0 308 Force Account Processing 0 $0 $0 $0 $0 $0 $0 $0 $0 Phase Subtotal 30 20 200 0 10 260 $34,282 $0 $0 $3,250 $0 $325 $500 $0 $34,282 $3,575 $500 $38,357 All Phases Total 30 20 200 0 10 260 $34,282 $0 $0 $3,250 $0 $325 8500 $0 $34,282 $3,575 $500) $38,357 C: \Users \DavidBrown\ Desktop \Tu kwila\ETC.1.dcb.052813. r2.xls ® 2008 Kennedy /Jenks Consultants, Inc. 12-095 Council Approval 7/16/12 CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Kennedy /Jenks Consultants, 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 Construction Management services in connection with the project titled Tukwila Levee Repair and Maintenance Howard Hanson Dam Flood Response. 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. Time for Performance. Work under this contract shall commence upon the giving of 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 within 300 calendar days from the date written notice is given to proceed, 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 One Hundred Eighty -Four Thousand Nine Hundred Twenty -Seven Dollars and Ninety -Three Cents ($184,927.93) 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 is 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 state 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 to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregrate. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 2 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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 they have 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 they have 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. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin,. religion, creed, age, sex or the presence of any physical or sensory handicap 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. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to 3 recover its costs, including reasonable attorney's fees, incurred in such suit from the losing ply. 16. 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: Jeffery W. Faunce, PE Kennedy /Jenks Consultants 11912 d Avenue, Suite 630 Seattle, WA 98101 17. Integrated Agreement. 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 oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2012. CITY OF TUKWILA Jim Ha on, May CONSULTANT By: Printed Name: Title: V� Attest/Authenticated: Approved as to Form: �r J, Christy O'FlahertyOgMC, City Clerk Office of the�`City Attorney 0 EXHIBIT A SCOPE OF SERVICES City of Tukwila Tukwila Levee Repair and Maintenance project Construction Services This work will provide construction engineering services for the construction contract to complete the Tukwila Levee Repair and Maintenance project These services will include project management, inspection, and contract administration required during the construction of the project, as detailed below: I. INTRODUCTION The Consultant will perform the following scope of construction services on the the Tukwila Levee Repair and Maintenance Project. The scope of services and associated cost of services (Exhibit B) are based upon the assumptions outlined below. Assumptions: The accompanying budget for the services detailed below is based on the services of one Part time Construction manager (CM) during a 120 calendar day or an approximate 4 month construction contract. An increase or decrease in the number of working days affects the time the CM will be required to work on the project. An estimated 1 full time and 1 part -time inspector will also be required during the 120 calendar days to correspond with the simultaneous multi -crew construction approach anticipated by the contractor. It is anticipated that multiple work areas will be encountered at times during the project and will be required to be completed at the same time for work to be completed within the 120 Calender day limit. The contract administrator (CA) will be a part -time position. She will make trips to the field office on a weekly basis to attend meetings and occasional other trips for required coordination between the various participants. It is anticipated that there will be an estimated 125,000.00 in Force account (FA) on the project which will require approximately 40 FA sheets to be processed. Mileage: The following numbers reflect travel requirements for field staff and other project staff. For CM and CA and full -time inspectors, assume 110 trips 60 miles round trip (includes anticipated on -site daily mileage). For part -time inspection, assume 85 trips at 60 miles round trip (includes anticipated on -site daily mileage). The contract administrator is estimated to make 65 trips, averaging 60 miles per round trip. A job site trailer will not be provided. We will be allowed reasonable resources to perform work at the City of Tukwila including copying minor items, printing daily required items 'to keep the project on track and reasonable other resources needed to complete the project reasonably. II. DETAILED SCOPE OF WORK Task 1 Project Management. Provide overall Construction Management, coordination with KPG, 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, prepare invoice and submit project progress letter to the city. (Note: See also Tasks 3 and 4, which include activities that may otherwise be considered project management tasks.) City of Tukwila scope of {Nock, Page 1 of 3 Task 2 Preconstruction Services 2.1 Preconstruction Conference. The Consultant shall prepare an agenda for, distribute notices of the conference, and will conduct a preconstruction conference in the City's offices. The Consultant's project manager, lead inspector and contract administrator will attend the preconstruction conference. The contract administrator will prepare a written record of the meeting. The consultant shall also distribute copies of the minutes to all attendees, affected agencies and others as appropriate. 2.2 Provide one set of preconstruction photographs to the City. Task 3 Construction Services Field 3.1 Provide the services of one full time inspector and supplemental assistants, as needed, on the project site who will observe the technical conduct of the construction, including providing day to day contact with the Contractor and the city. By providing such assistance, the Consultant shall assume no responsibility for proper construction techniques and job site safety. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the [owner] a greater degree of confidence that the completed work will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor(s). The Consultant's personnel shall act in accordance with Section 1 -05.1 and 1 -05.2 of the current WSDOT Standard Specifications (or your state reference). The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor(s), but cannot guarantee the Contractors' performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractors) and any subcontractors. 3.2 When on site prepare daily construction reports, utilizing report forms approved by the City, detailing the contractors operations performed for each day the Consultant is on site; measure the quantities of materials installed, log equipment used, workers on site and other items. 3.3 Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor, including response to related questions from adjacent property owners and the general public. 3.4 Prepare field records and documents to help assure the project is administered in accordance with funding requirements. 3.5 Provide periodic photographs during the course of construction. Photographs to be labeled with date taken and subject matter. 3.6 Coordinate with the contractor provided surveying. 3.7 Punch list. Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punch list' of items to be completed. This will be issued with the Certificate of Substantial Completion, which will be issued by the Consultant. Task 4 Construction Services Field Office 4.1 Day to day construction management: liaison with City on a regular basis to discus project issues and status. 4.2 Plan interpretations. Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. (Note: Consultation with KPG) will be facilitated by CM with inclusion of the City for evaluation of design deviations that may affect performance.) City of Tukwila Scope of Work Page 2 of 3 4.3 Weekly meetings. Lead weekly meetings, including preparing meeting minutes and distributing copies of minutes to attendees. Outstanding issues to be tracked on a weekly basis. Contractor to provide a 3 -week look ahead schedule of upcoming work at each meeting. 4.4 Record drawings. Review record drawings prepared by the Contractor. 4.5 Monthly Pay Requests. Consolidate and Prepare monthly requests for payment, review with the City and contractor and approve, as permitted. Utilize City of Tukwila provided format for pay estimates. Task 5 Submittal Processing 5.1 Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other data submitted by the Contractor for compliance with the information required by the contract documents. (Submittals to be transmitted to the Designer KPG for their review.) 5.2 Forward copies of submittals to the City for their information and review. 5.3 Log and track submittals. Provide updates of log to the City on a periodic basis. Task 6 Change Orders 6.1 Change orders. Develop change orders and provide technical assistance to negotiate the change orders. (Note: Change orders that may affect facility performance will be transmitted to the Designer for review and concurrence.) Task 7 —Additional Services The services described under this task, and any other additional services requested by the city, will be performed only when authorized by the city. Authorization to perform additional services will be in the form of an addendum to this agreement, specifying the work to be performed, and basis of payment. 7.1 Prepare additional copies of approved drawings, specifications, and other contract documents, either for bidding purposes, or as requested by the City, Contractor, Agencies, or others. 7.2 At the conclusion of the bidding process, prepare a conformed set of drawings and specifications incorporating all addendum's' and distribute. 7.3 Provide assistance to the City if rebidding is necessary. 7.4 Provide record drawings on media other than described previously, including electronic or scanned images of the record drawings. Also, providing additional sets beyond what is specified above. General Notes It is further understood and agreed that because Consultant did not prepare the Contract Documents for the project, Client waives all claims against Consultant arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless from any damage, liability or cost, including reasonable attorneys' fees and defense costs, arising from any errors or omissions contained in the plans, specifications or other Contract Documents prepared by others, except for the negligence or willful misconduct of the Consultant. City of Tukwila Scope of Work Page 3 of 3 EXHIBIT B TOTALS Direct Salary $63,207.14 Multiplier 2.79 $176,347.93 Outside Reimbursables Subconsultants Internal Rate Pay Items $8,580.00 GRAND TOTAL $184,927.93 Estimate Construction Cost Cost as a percent of construction Cost #DIV /0! 1514 114 $63,207.14 $7,980.00 OUTSIDE REIMBURSABLES Per Diem Office (Trailer /electrical /setup) Travel Meals Telephone Reprod uction /Photos- Processing Postage /Delivery Mileage /pers. vehicle Supplies Other (lodging) Markup Total 694 Project Name: Tukwila Levee Repair and Maintenance project $11,550.00 $12,460.00 F Prepared by: JWF Revised by: JWF 2) "Enter Name" Phase Name: Phase 1- Construction Services Copying ($0.10 /page) 4) "Enter Name" Date: 6/19/2012 Date: Total: Word Proc. ($5.00/hour) Project/Promo No.: 1 -10 -xxxxx Other Checked by: JF Checked by: Phase No.: xx -12 Date: Date: Jeff Faunce Ken G TBD Kyle Akin TOTALS (2) (16) (3) (15) (55) (25) (35) (95) (51) (55) (75) (80) (54) (90) WORK HOURS/ P.M. P.M. Proj. Engr /Sci Des. Engr /Sci Senior Insp Engr /Sci Tech Edit Word Proc. SR CADD Const. Inspector II Sury Mgr Sury Off. :;onst. Inspecto Proj Asst CODE TASK DOLLARS $70.00 $51.00 $40.00 $55.00 $45.00 $33.00 $45.00 $35.00 301 Project Management 302 Preconstruction Services 32 8 8 16 $1,480.00 $560.00 $360.00 $560.00 303 Construction Services Field 1126 90 686 350 $48,707.14 $6,300.00 $30,857.14 $11,550.00 304 Construction Services Field Office 180 180 $6,300.00 $6,300.00 305 Submittal Processing 306 Change Orders 16 16 $1,120.00 $1,120.00 307 Engineering Assistance 308 Force account processing Est 125 K aprox 40 FA sheets 160 $5,600.00 TOTALS Direct Salary $63,207.14 Multiplier 2.79 $176,347.93 Outside Reimbursables Subconsultants Internal Rate Pay Items $8,580.00 GRAND TOTAL $184,927.93 Estimate Construction Cost Cost as a percent of construction Cost #DIV /0! 1514 114 $63,207.14 $7,980.00 OUTSIDE REIMBURSABLES Per Diem Office (Trailer /electrical /setup) Travel Meals Telephone Reprod uction /Photos- Processing Postage /Delivery Mileage /pers. vehicle Supplies Other (lodging) Markup Total 694 350 356 $31,217.14 $11,550.00 $12,460.00 SUBCONSULTANTS INTERNAL RATE PAY ITEMS 1) Materials Testing TBD Plan Copying ($1.00 /sheet) 2) "Enter Name" Plotting 3) "Enter Name" Copying ($0.10 /page) 4) "Enter Name" Computer (CADD) ($9.00/hour) Markup(B &O) 3% Mileage ($0.55 /mile) $8,580.00 Total: Word Proc. ($5.00/hour) GPS Receiver ($200 /day) Other Total $8,580.00 Rates as of 4/00 Copy of tukwila dike removal project Budget estfinal.xlsx Printed: 7/23/2012 rev. 3/00