HomeMy WebLinkAbout12-102 - KPG Inc - Howard Hanson Dam Flood Response / Levee Repair and MaintenanceSUPPLEMENTAL AGREEMENT No. 1
AGREEMENT NO. 12-102 66
)
PROJECT No. 10901301
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
12-102(a)
Council Approval N/A
KPG, Inc.
753 - 9th Avenue N.
Seattle, WA 98109
PROJECT: Howard Hanson Dam Flood Response — Hesco Removal Const. Mgmt.
This SUPPLEMENTAL AGREEMENT NO. 1 is to supplement the agreement entered into with KPG,
Inc. and the City of Tukwila, which was executed on the 30th day of August, 2012.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be supplemented with the following:
See Exhibit A
Article 3, Time for Performance, shall be supplemented with the following:
Time for completion shall be extended to December 31, 2013 by this Supplemental Agreement No. 1.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto,
provided that the total amount of payment to the Consultant for this work not exceed $15,000.00 without
express written modification of the Agreement signed by the City. The new total contract shall not exceed
$30,000.00 without express written modification of the Agreement signed by the City.
714
IN W ESS WHEREOF, the parties hereto have set their hands and seals this /' day
of .� ikk , 2013.
APPROVED: APPROVED:
CITY OF TUKWILA
Jim H..;Q rton
May
Attested:
Christy O'Flaherty, City Clerk
KPG, INC.
Nelson Davis, P.E.
Principal
she 02 /6//V6
Exhibit A
City of Tukwila
Tukwila Levee Repair & Maintenance — Howard Hanson Dam Flood Response
Supplement No. 1
Construction Support Services
Scope of work
July 1,2013
The Consultant shall provide on-call Construction Engineering support services for final restoration
and closeout activities for the Tukwila Levee Repair and Maintenance — Howard Hanson Flood
Response Project. The project was shut down over the winter of 2012/2013 to allow for final
paving and restoration to occur during favorable weather.
AH effort on this project will be as requested by the City or City assigned Construction Manager. It
is anticipated that budgets between Tasks will be adjusted as required to provide the requested
services. The Consultant shall provide notification and receive written approval prior to exceeding
the approved project budget. The scope of services and associated cost of services (Exhibit B) are
based upon the assumptions outlined below.
A. The Consultant shall provide project management of consultant staff and prepare progress
reports to be included with the monthly invoices.
B. The Consultant shall support closeout activities as requested by the City. Work may
include force account review, assistance with final pay estimate, or other services as
requested.
C. The Consultant shall provide the on-call field support to the City inspector for the final
paving and closeout activites. Work may include review of punch list items or other
services as requested by the City.
Deliverables:
Items to be provided by the Consultant:
• Documentation from requested on-call support activities.
•
c0
H
m
S
X
w
HOUR AND FEE ESTIMATE
City of Tukwila
i
0
O
a`
0
N
c
O
0.
N
0
CC
0
0
LL
E
R
0
O
a)
c
R
s
a)
R 0
3
0
a)
0 o
c
R 0.
c02)
c c
73. o
R C
= O
0
c
• T
c
a)
_J c
Y Q
1-0
O
O
LL
ra
O
H
Labor Hour Estimate
ER
O)
O•
C �
CD a
(n <
ER
E
a) cyj
N (h
c 0
ER
o
c a0)
o .°)
O 0
ERcER
rn
c 0
cmc0
0
co 0)r
O c
W
L 0
O N CO
.0 E (0
CI) 0) r
CR Cw
ER
O
0.
0
0))
0
N
O
U
0
0)
0
O.
a
0
c
O
U
2
y
c
0
U
to
1-
1-
N
cq
0)
rn
ER
0)
N-
✓ 0
C3 ER
O
0
0
0
N
0)
ch
LC;
a O
O
N
CO
O
0
O
O
O
0
0
0
O
0
O
O
O
O
0
0
r-
0
0
0
0
O
0
O
0
CO
N
O
O
c
0
.(0
c
0
0
0
0
C
N
O
E
O)
c0
c
c0
U
a)
O
0
r
O
0.
0.
0
O
0
O
O 0-
a)
a) 0
o 0
o m
a3 as
0
U U
0• 0
[0
U
0
a)
O
c
0)
0.
W O
a) 0)
0 a)
Q
E
.0
CC
u1
Total Estimated Fee: $
12-102
Council Approval N/A
CONSULTANT AGREEMENT FOR
CONSTRUCTION SUPPORT SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City", and KPG, 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 on call construction
support services in connection with the project titled Tukwila Levee Repair & 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 365 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 fifteen thousand dollars ($15,000.00) 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 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} f c(6 i/t//91-'.S
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.
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
2
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
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
3
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:
KPG
753 9th Avenue N
Seattle, WA 98109
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 or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this 024 day of
CITY OF TUKWILA
Attest/Authenticated:
CONSULTANT
, 2012.
By: •NQA/
id X5,1 1)41/4-V; S
Printed Name:
Title:
�Yt�aiLi(4—
Approved as to Form:
Adtmj aux..
Christy O'Flaherty, CMC, City Clerk Office of the City Attorney
4
Exhibit A
City of Tukwila
Tukwila Levee Repair & Maintenance — Howard Hanson Dam Flood Response
Construction Support Services
Scope of work
July 18, 2012
The Consultant shall provide on-call Construction Engineering support services for the Tukwila
Levee Repair and Maintenance — Howard Hanson Flood Response. All effort on this project will be
as requested by the City or City assigned Construction Manager. It is anticipated that budgets
between Tasks will be adjusted as required to provide the requested services. The Consultant
shall provide notification and receive written approval prior to exceeding the approved project
budget. The scope of services and associated cost of services (Exhibit B) are based upon the
assumptions outlined below.
A. The Consultant shall provide project management of consultant staff and prepare progress
reports to be included with the monthly invoices.
B. Prepare for and attend pre -construction conference with the City, Construction Manager,
Contractor, and affected utilities. Meeting arrangements will be by the City.
C. The Consultant shall provide the on-call field support to the City inspector for the duration of
construction. The anticipated level of effort for field support time is based on the following
assumptions:
• Review of construction manager field markups of damaged pavement after
temporary measures are removed is anticipated to occur in 2 separate full day visits.
D. The Consultant shall review material submittals and RFI's provided by the Contractor as
requested by the City and within the budget allowance provided in Exhibit B. Submittals
pertaining to contractor means, methods, and sequencing (traffic control, erosion control,
removal techniques, etc.) or coordination/restoration of private properties at access
locations will be reviewed by the City and are not included in this scope of work.
Deliverables:
Items to be provided by the Consultant:
• Documentation from site meetings
• Material submittal review comments
HOUR AND FEE ESTIMATE
City of Tukwila
0
0
0.
0
O
0.
co
d
cc
0
O
LL
E
(6
C
O
c
C
R
P8
(0
0
0
0
c
(a
- y
c0
.( >
2 d
�Cn
as 0
0.
0 OO.
re
cn
aoi c
> o
d
J V
W `
3 u►
Y �
H U
0
0
LL
Y
O
1-
a)
N
LL.
c
O
rn
`o c v,
c E o
4) -ar
(fl
o
c 0 m
o O.
0 V)
c
rn
C 4) v
"i7) C o
U) 0
C
W �
s-0
`o a) Cr)
C l�
O 0) ,-
(/)
(n C
W Eft
(5
co
1-
N
C)
.>
0
N
0
O
0.
0.
N
r 0)
m
fze
(f) 0)
O (n
cci L6
LO
10 (0
Es
0Or-
0 0 (0
O Otri
O CO CO
to co cn
O
O
o
N
O
O
O
N
O
O
O
O
O
O
O
0
O
O
O
O
O
O
O
O
O
CO
CO
O
O
O
O
O
O
CO
O
(0
O
.4 -
co co
c c
°)
E (C
n
00 0
U 5)
d c
c
== 0 a
0. 0
o N N
P2 - M
N 0. 0
.o C
a. a. O
rn
cci Ci
m
4)
CC
Ta
E
(C
0
0.
o ui
Total Estimated Fee: $