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HomeMy WebLinkAbout13-036 - KPG Inc - East Marginal Way South Emergency Stormwater Pipe Repairs ConstructionSUPPLEMENTAL AGREEMENT NO. 8 AGREEMENT NO. 13-036 v.0PROJECT No. 91241206 ld City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way Emergency Stormwater Pipe Repairs — Time Extension This SUPPLEMENTAL AGREEMENT NO. 8 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 5th day of February, 2013. All provisions in the basic agreement remain in effect, except as expressly modified as follows: Article 3, Duration of Agreement; Time for Performance, shall be supplemented with the following: This Agreement shall be extended to remain in full force and effect until June 15, 2016. IN W, NESS WH REOF, the parties hereto have set their hands and seals this ) 1 day of R taro, -2i1 , 2015. APPROVED: CITY OF TUKWILA Jim Hag Mayor Attested: Christy O'Flahe City Clerk APPROVED: KPG, INC. Nelson Davis, P.E. Principal /5 dI-e/1416/47,4-e/S SUPPLEMENTAL AGREEMENT No. 7 AGREEMENT No. 13-036 /9 PROJECT No. 91241206 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way Emergency Stormwater Pipe.Repairs — Time Extension This SUPPLEMENTAL AGREEMENT NO. 7 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 5th day of February, 2013. All provisions in the basic agreement remain in effect, except as expressly modified as follows: _ r Article 3, Duration of Agreement; Time for Performance, shall be supplemented with the following: This Agreement shall be extended to remain in full force and effect until December 31, 2015. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _-2--r4 day of 91,t,r.t_ , 2015. APPROVED: CITY OF TUKWILA Attested: ithett,s1- 44044-, MAC 40 Christy O'Flaherty, City Clerk APPROVED: KPG, INC. i /5-1/1 02 nei614//>-S SUPPLEMENTAL AGREEMENT NO. 6 AGREEMENT NO. 13-036 C c ) PROJECT NO. 91241206 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 13-036(f) Council Approval 2/17/15 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way Storm Pipe Replacement — Construction Services This SUPPLEMENTAL AGREEMENT NO. 6 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 5th day of February, 2013. 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: The Consultant agrees to provide construction services in accordance with the scope of work included as Exhibit A. 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 $137,575.04 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $660,916.90 without express written modification of the Agreement signed by the City. IN VaT.AIESS WHEREOF, the parties hereto have set their hands and seals this of }—p j f c y , 2015. APPROVED: / CITY OF TUKWILA Attested: Christy O'Flahe , City Clerk APPROVED: KPG, INC. Nelson Davis, P.E. Principal day /sfo1 a ck( 6.4h9t-C EXHIBIT A City of Tukwila East Marginal Way S Storm Pipe Replacement Supplement No. 6 Construction Services Scope of Work January 18, 2015 A. Project Description The purpose of this scope is to amend the services and the associated fee defined in the East Marginal Way S Storm Pipe Replacement Project. Due to unforeseen site conditions and the contractor's work approach, the most current project schedule estimate places the conclusion of the construction portion of the project at April 15, 2015. This date is approximately 14 weeks past the originally scheduled project conclusion date of January 5, 2015. This extension has resulted in the need for additional days for the construction team to manage the project, provide construction documentation support, and field inspection oversight. This scope and fee will serve as Supplement #6 for Project No 91241206. The Consultant Fee Determination is attached to this scope of work and is labeled Exhibit B-1. B. Deliverables Consultant deliverables are described in Task 10 of the Scope of Work. C. Proposed Schedule This supplement does not change the current contract completion date of June 31, 2015. D. Scope of Work Task 10 — Additional Construction Services This task covers the effort required to manage the contract and assure that the project meets the City's expectations for schedule, budget and quality of product. Effort included under this task is as follows: 10.1 Management/Coordination — The consultant shall continue Project Management and Coordinate the project team through April 15, 2015. 10.2 Construction Services (Office) — The consultant shall provide additional construction documentation support and contractor coordination through April 15, 2015. Task 10 Deliverables: • Extended Construction Management, Documentation and Office Support City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 1 of 7 KPG Project Number 13156 5/29/2014 Project Name: Exhibit B Consultant Fee Determination City of Tukwila East Marginal Way Storm Pipe Replacement Supplement No 6 - Construction Services Consultant: KPG COST PLUS FIXED FEE Classification Hours Rate Cost Project Manager 14 $ 65.00 $ 910 Senior Engineer 14 $ 52.06 $ 729 Project Engineer 280 $ 44.90 $ 12,572 Design Engineer 0 $ 36.06 $ - CAD Technician 0 $ 31.25 $ Construction Inspector 560 $ 37.00 $ 20,720 Survey Crew 0 $ 50.75 $ Document Specialist 56 $ 40.87 $ 2,289 Office Admin 420 $ 26.92 $ 11,306 Total Direct Salary Cost (DSC) Overhead (145.78% x DSC) Fixed Fee (30% x DSC) 1,344 $48,526 $70,741.22 $14,557.80 Subtotal: $133,825.04 REIMBURSABLES Construction Vehicles (3 months @ $750) Miscellaneous - Mileage, Repro, Field Supplies $2,250 $1,500 Subtotal: $3,750 SUBCONSULTANT COSTS Material Testing Allowance $0 Subtotal: $0 TOTAL $ 137,575.04 m 2 X w HOUR AND FEE ESTIMATE City of Tukwila 0 0 O W O. N E d o v c to O d 0 cc 2E w 0 N 0 40 3 d ie z orn aci a IL d! O O O O O O O O O O O O O O 0 M c 0 0 $ E 0 w c O 0 a O O O E Q 0 c 0 U 0 E w 3333 cri3 0 0 U a r 0 0 reconstruction Budget Estimate 40 O O O O O O O O O O O O O O O O a O 0 0 0 0 U 0 0 TD 0 Preconstruction Budget Estimate vi M 0 i$) O O O O (0 O O O O N O a Construction Period Budget Estimate 43 O O O O O O O O O O O O O O 0 ch w 5 $ 0 E 0 41 .m U 3 0 d '0 0 O 0 d � 0 d 0 U O O O O Closeout / Record Dwg Budget Estimate ml W 7 10 7 1.001 Ip1I� 01 Reimbursables & Subconsultants O 0 0 0 N t00 N EA f9 43 V 0 o • a a f ma� c lL O E Ft cc d • U N 2 m • 0 c 2 o , U N 0 O G C O I O d SUPPLEMENTAL AGREEMENT No. 5 AGREEMENT NO. 13-036 PROJECT No. 91241206 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way Emergency Stormwater Pipe Repairs — Time Extension This SUPPLEMENTAL AGREEMENT NO. 5 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 5th day of February, 2013. All provisions in the basic agreement remain in effect, except as expressly modified as follows: Article 3, Duration of Agreement; Time for Performance, shall be supplemented with the following: This Agreement shall be extended to remain in full force and effect until June 30, 2015. IN W SS WHEREOF, the parties hereto have set their hands and seals this I (0 day of �De co ,201 / APPROVED: CITY OF TUKWILA Attested: Christy O'Flahe / ity Clerk APPROVED: KPG, INC. Nelson Davis, P.E. Principal / 57101 a24_/6/717,0e-s'. SUPPLEMENTAL AGREEMENT NO. 4 , AGREEMENT NO. 13-036 Cc -Q PROJECT No. 91241206 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 13-036(d) Council Approval 6/23/14 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way Storm Pipe Replacement — Construction Services This SUPPLEMENTAL AGREEMENT NO. 4 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 5Th day of February, 2013. 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: The Consultant agrees to provide construction services in accordance with the scope of work included as Exhibit A. 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 $299,902.10 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $523,341.86 without express written modification of the Agreement signed by the City. IN WI SS WHEREOF, the parties hereto have set their hands and seals this day of V/%.3Q-- , 2014. APPROVED: CITY OF TUKWILA Attested: Christy O'Flahe'" , City Clerk APPROVED: KPG, INC. Nelson Davis, P.E. Principal / std a 67/096-S EXHIBIT A City of Tukwila East Marginal Way S Storm Pipe Replacement Supplement No. 4 Construction Services Scope of Work June 5, 2014 This work will provide construction services for the construction contract to complete the City of Tukwila — East Marginal Way S, Storm Pipe Replacement Project. These services will include design support, project management, documentation control, inspection, materials testing, public involvement, and contract administration during the construction of the project, as detailed below. KPG ("Consultant") will provide to the City of Tukwila ("City") construction engineering and management services for the project. 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 proposed project team will include a part-time project manager, one part-time documentation control specialist, a part-time project engineer during construction activities, one full-time inspector during construction activities when unit price work is being performed, and sub -consultant to provide services for materials testing. It is anticipated that full-time site observation will be required for the entire project. • The level of service is based on a construction project duration of approximately 175 calendar days. • KPG estimates a total project duration of 224 calendar days (32 weeks) including preconstruction service, construction services, and project closeout. • It is anticipated that the KPG will develop the Record of Materials (ROM). This scope of services provides the management of the ROM and scheduling of required materials testing respectively. • It is anticipated that the City will review and execute the insurance, bonds, and the Construction Contract. • It is anticipated that all official Community Outreach will be completed by the City. City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 1 of 7 KPG Project Number 13156 5/29/2014 EXHIBIT A • The design engineers from KPG will be available during construction to answer questions during construction and review RAM's, shop drawings, and answer RFI's that require a level of engineering expertise outside of the capabilities of the CM team. • Services will be performed in accordance with the Contract plans & special provisions, and City of Tukwila engineering standards. II. SCOPE OF WORK The objective and purpose of this Construction 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. 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. • Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. • Review monthly expenditures and CM team scope activities. Prepare and submit project progress letters 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 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices. The Consultant's project manager, resident engineer, inspector, and document control specialist will attend the preconstruction conference. The Consultant will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Pre -construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, Federal, State, and local requirements and any other items that will result in better project understanding among the parties involved. Deliverables • Preconstruction conference agenda with meeting minutes City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 2 of 7 KPG Project Number 13156 5/29/2014 EXHIBIT A TASK 3 — CONSTRUCTION SERVICES - FIELD 3.1 On-site Observation: The Consultant shall provide the services of one full time inspector during construction activities and other tasks necessary to monitor the progress of the work. An additional part time inspector may be incorporated as dictated by the Contractor's approach to the Work. Construction staff shall oversee the following items of work, on the project site, and will observe the technical progress of the construction, including providing day-to-day contact with the Contractor and the City: o Preparation to include mobilization, clearing and grubbing, removal of structures o Grading, installation of drainage and storm sewer o Erosion Control and Planting o HMA paving o Driveways, curb, gutter and sidewalk o And all incidental items necessary to complete the Work as described in the Plans and/or Specifications. Field inspection staff will perform the following duties as a matter of their daily activities: 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 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 during site visits. 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 and KPG. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. viii. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. ix. Prepare field records and documents to help assure the Project is administered in accordance with the funding requirements. City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 3 of 7 KPG Project Number 13156 5/29/2014 EXHIBIT A x. Collect and calculate delivery tickets and salesman'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 periodic digital photographs during the course of construction, and record locations. xiii. Coordinate with the City's maintenance personnel. xiv. Coordinate with additional impacted utility personnel. xv. Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. 3.2 Substantial Completion: 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 `punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City. 3.3 Materials Testing: Coordinate the work of the materials testing technicians and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and address deficiencies. Geotechnical construction observation, environmental and dewatering submittal reviews, and environmental sampling and testing services will be performed by GeoDesign under subcontract to the Consultant in accordance with Attachment 1 to this Exhibit A. Frequency of testing shall be determined by the resident engineer. Assumptions: • Consultant will provide observation services for the days/hours that the contractor's personnel are on-site. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not 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 City, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractors' performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or City's expectations. Deliverables • Daily Construction Reports with project photos — submitted on a weekly basis • Punch List, Certificate of Substantial Completion • Review test reports for compliance City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 4 of 7 KPG Project Number 13156 5/29/2014 EXHIBIT A TASK 4.1— CONSTRUCTION SERVICES — OFFICE A. Document Control. Original documentation will be housed at the Consultant's office, and filed in accordance with standard filing protocol. A copy of working files will be maintained in the field office. Document Control consists of: • Final Estimate (Approving Authority File) • Comparison of Preliminary and Final Quantities (Approving Authority File) • Final Records (Approving Authority File) • Record of Material Samples and Tests • Affidavit of Wages Paid • Release for the Protection of Property Owners and General Contractor B. Project Coordination: Liaison with City, construction contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. Provide the City with key construction photos for use in information distribution. Provide updates to major stakeholders as needed. C. 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. D. Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. E. Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. F. Lump Sum Breakdown: 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 with detailed data. G. Monthly Pay Requests: Prepare monthly requests for payment, review with the City, contractor and approve as permitted. Utilize City provided format for pay estimates, or Consultant format. H. Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule and compare with field -observed progress, as described in Section 1-08 of the Special Provisions. In addition, perform schedule analysis on contractor provided CPM updates and review schedule for delays and impacts. Coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control. I. Certified Payroll: Process and track all certified payroll per State Prevailing Wage Requirements. This includes verifying the initial payroll for compliance and 10% of all payrolls submitted thereafter. Tracking payroll each week. J. Weekly Statement of Working Days: Prepare and issue weekly statement of working day report each week. City of Tukwila — East Marginal Way Storm Pipe Replacement Page 5 of 7 KPG Construction Services Project Number 13156 Scope of Work 5/29/2014 EXHIBIT A K. Subcontractor Documentation: Process / Approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG's subcontractor logs. L. Record Drawings: Review record drawings prepared by the Contractor, and prepare a conformed set of project record drawings based on Contractor provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. The Consultant will provide the marked up plan sheets with both the contractors and inspectors as -built information. Revise CAD drawings to reflect as -built conditions based on Contractor/Inspector provided redlines. M. Physical Completion Letter: Following completion of all punchlist work, prepare physical completion letter to the contractor, and recommend that City and/or Utilities accept the project. N. Project Closeout: Transfer all project documents to the City for permanent storage. • Schedule review comments • As -built schedule • Meeting agendas and notes • Monthly Pay Estimates • Subcontractor Packets • Cost Projection • Physical Completion Letter • Final Project Documents TASK 4.2 — SUBMITTAL/RFI PROCESSING A. Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Key submittals to be transmitted to the City for their review and approval. Submittals shall be logged and tracked. B. Request for Information (RFI): Review and respond to RFI's. RFI's shall be logged and tracked. C. Record of Materials (ROM): Utilize ROM prepared by KPG and update based on Special Provisions and Plans for use on the project, based on the contract specifications. The ROM will be maintained by the Resident Engineer. The ROM will track all of the materials delivered to the site including manufacturer/supplier, approved RAM's, QPL items, material compliance documentation, and all other required documentation. Deliverables • Submittal log • RFI Log • Completed Record of Material for Material Certification City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 6 of 7 KPG Project Number 13156 5/29/2014 EXHIBIT A TASK 4.3 — CHANGE MANAGEMENT A. Case Log: Develop and maintain a case log which includes change orders, RFP's, Field Work Directives B. Change Orders: Develop change orders and provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. Each change order will be executed in accordance with WSDOT Standard Specifications and contain the following: • Change order • Independent Cost Estimate • Time Impact Analysis • Contractor's Pricing • Verbal Approval Memo • Back up documentation C. Field Work Directives: Prepare field work directives as necessary to keep the contractor on schedule. D. Minor Change Orders: Develop minor change orders per WSDOT Standard Specifications. Each minor change order will be executed and contain the following: • Independent Cost Estimate • Verbal Approval Memo • Back up documentation E. Force Account: Track contractor force account labor, equipment and materials. All force account calculations will be verified by the engineer and double checked by the documentation specialist. Deliverables • Change Order(s) • Case Management Log • RFI Log • Minor Change Order(s) • Force Account Records City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 7of7 KPG Project Number 13156 5/29/2014 EXHIBIT A ATTACHMENT 1 [DESIGNZ May 28, 2014 KPG, Inc. 753 9`h Avenue North Seattle, WA 98109 Attention: Mr. Nelson Davis, P.E. Proposal Geotechnical Construction Observation Services and Environmental Sampling and Testing Services City of Tukwila On -Call Drainage East Marginal Way - Storm Drain Improvements Tukwila, Washington GeoDesign Project: KPG-16-04 INTRODUCTION GeoDesign, Inc. is pleased to submit this proposal to provide construction observation services and environmental sampling and testing services for the improvements to the storm drain on East Marginal Way as part of the City of Tukwila's On -Call Drainage Improvements Project. The project area is located along East Marginal Way between South 120`h Place and South 126` Street in Tukwila, Washington. We understand the proposed improvements include replacing the existing 30- to 36 -inch - diameter storm drainpipe with a 42 -inch -diameter pipe. Excavation depths necessary to replace the existing sewer are expected to vary up to approximately 14 feet deep at manhole locations and approximately 10 to 12 feet deep along the pipeline. Deep trench shielding or shoring along with dewatering will be required to reach the necessary depths. Earthwork construction activities that will require geotechnical observation services include the following: • Excavation observation • Trench shielding/shoring • Groundwater dewatering • Structural fill placement and compaction • Over -excavation and replacement of unsuitable soil • Subgrade preparation for roadways 2502 Jefferson Avenue 1 Tacoma, WA 98402 1 253.203.0095 www.geodesigninc.com EXHIBITA ATTACHMENT 1 Environmental services will also be necessary to address excavation through petroleum -impacted soils and groundwater and disposal/discharge of impacted materials. In addition, cement kiln dust material may also be encountered at the southern end of the project area. SCOPE OF SERVICES The purpose of our construction observation will be to confirm that subsurface conditions are consistent with the site explorations, geotechnical recommendations, and the intent of the project plans and specifications. We anticipate that our services will vary throughout the project from full- to part-time intermittent basis during underground utilities construction. Our specific scope of services will include the foliowing: • Attend a pre -construction meeting with the general contractor and design team. • Review contractor submittals with geotechnical and dewatering elements • Perform laboratory testing on proposed fill materials to confirm compliance with the specifications. • Observe installation of dewatering system connpunants, discharge vo|unnes, and water quality with regards to turbidity and suspended solids. • Collect samples of dewatering discharge for analytical testing that includes petroleum hydrocarbons, volatile organic compounds, and semi -volatile organic compounds to confirm compliance with permitted discharge criteria. • Observe excavation of utility trench and subsurface conditions encountered on an intermittent basis. • Collect samples of spoils to characterize and screen for the presence of environmental contaminants. Analytical tests similar to those identified for groundwater will be completed, as necessary, and may include RCRA metals analysis in areas where cement kiln dust is suspected. • Observe installation of utilities on an intermittent basis. • Observe placement and compaction of structural fill. A nuclear density gauge will be used, where app|icab|e, to verify that the compaction meets the project specifications. • Observe placement and compaction of roadway subgrade, base course materials, and asphalt pavement. • Provide consultation on an "as -needed" basis during construction to address geotechnical and environmental issues. • Provide daily field reports documenting the results of the observed geotechnical construction activities, reconnnnendations, and nuclear density tests. These reports will be submitted to KPG for distribution to the project team. • Provide results of analytical testing • Submit a final Ietter of compliance regarding geotechnical -related activities. SCHEDULE The project schedule indicates that construction should start in July 2014 and has a 175 -day construction duration. We are prepared to provide construction observation services upon your authorization throughout the duration of the project. DESIGN 2 xpc'1e~0*n52814 EXHIBIT ATTACHMENT 1 FEE We believe that our construction observation services bring exceptional value to the project through our continued involvement, our proactive observation services, and relationship with the design team. We have prepared a cost estimate for the geotechnical construction observation services to be provided during the entirety of the project. We anticipate that earthwork will be frequent during this time period and will require observation services varying from part- to full-time. We estimate approximately 40 site visits will be required, with 10 visits requiring full-time observation and approximately 30 site visits with part-time observation. Additional time will be required for project management; geotechnical/environmental consultation and meetings; and to address earthwork issues, review field reports, and communicate with the project team to evaluate special site conditions. Based on our assumptions and anticipated level of effort, we propose a budget of $38,240 for our geotechnical construction observation services. We recommend providing an allowance of $l4.9O0for environmental analytical testing services for a total construction geotechnical and environmental services budget of $ 53,140. A breakdown of the proposed budgets is provided below and a detailed summary is attached. Our services will be provided in accordance with the Schedule of Charges and General Conditions attached to and part of this proposal. Activity Expenditures GeoDesign Geotechnicaand Environmental Services Submittal Review Kick -Off Meeting $3,800 Geotechnical and Environmental Consultation 7'110 Construction Observation (30 part-time site visits and 10 full-time site visits) 27 350 Total $38,240 Environmental Sampling and Testing - ALLOWANCE Dewatering Discharge Test Suite (4 tests) $5.960 Excavation Spoils Test Suite (6 tests) 8,940 Total $14,900 The fee for additional work that may be required will be discussed with you and will not be undertaken without your prior approval. Services beyond the scope outlined above will be provided on a time -and -expense basis in accordance with the attached Schedule of Charges. **+ ���� ��IGKj'i 3 KPc'1***o52814 EXHIBIT A ATTACHMENT 1 We appreciate the opportunity to submit this proposal. Please caII ifyou have questions regarding this submittal. Formal authorization for our services can be provided by returning one signed copy of this proposal GeoDesign, Inc. ,00,00)27 Kevin j. La P.E., Principal Engineer cc: Mr. Nate Monroe, KPG, Inc. (via email only) TAP:KJL:kt Attachments Orie copy submitted (via email only) Document ID: KPC'16'o1-UB8|4-Jeoenvpdocx © 2014 GeoDeign.All rights reserved. The scope of services and terms described herein are accepted,andGeoDes/gn'|ncis authorized to proceed. by Organization Signature* Date Name Printed *Individual with contracting authority and responsible for payment of GeoDesign, Inc.'s fees. GEO DES EXHIBIT A ATTACHMENT 1 GeoDesign, Inc. FEE SUMMARY Project: East Marginal Way Stormwater Improvements Job No. KPG-16-04 Standard Schedule (SS) or Direct Salary Cost (DSC) SS Labor Rate 2014 Standard Schedule GeoDesign OH Rate, if DSC calculation is used Enter Labor Division: If Labor is DSC is the Fixed Fee = FF x (DSC+OH) ? NO Allowable Handling Charge 12.00% Date 5128/2014 Fixed Fee Include Laboratory Cost as Labor Hours NO If answered "YES" Enter Labor Division: Project Consultation Analytical Laboratory Affowanco Senior Lab Tech 25% Labor Rate Lab Technician I 75% GEODESIGN LABOR -Summary from Geodesign Hours Worksheet PROJECT PHASES OR TASKS Submittal Review Construction Observation Project Consultation Analytical Laboratory Affowanco Total Hours Labor Rate Cost zokvoNSIM'VtLASOWICATVW;:gowawv.yimY, 1. Principal 10.0 30.0 40.0 $193.00 $7,720 2. Ser6orAssociate $176.00 3. Associate 0166,00 4. Senior Project Manager 16.0 16.0 $151.00 $2,416 5. Project Engineer/Geologist II $142.00 6. Project Engineer/Geologist I 5133.00 7. Engineering/Geological Staff III 6.0 6.0 $115.00 5690 8. Engineering/Geological Staff II 5105.00 9. Engineering/Geological Staff I 240.0 240.0 $91.00 $21,840 10. Senior Technician (lab) $88.00 11. CAD $88.00 12. Technician II $82.00 13. Technician (lab) $71.00 14. Senior Project Assistart 2.0 4.0 6.0 $84.00 $504 15. Project Assistant 1.0 10.0 2.0 13.0 $78.00 51,014 16, Support Staff 1.0 5.0 2.0 8.0 $66.00 5528 OVERHEAD FIXED FEE FEEEglqE**t0f*i4OCARNEGRAZDER;Vg2;:Rg#MZEME**0CMMPSVWIKGZREZElkSEMSIIEMESCNNPE!PkEEOWCW SUBTOTAL - Labor $2728 $24,880 $7,104 329.0 7'14,71'2 (OH) COST (Including Salary Addithres) (FF): $34,712 EQUIPMENT Submittal Review Construction Observation Project Consultatlon Analytical Laboratory Aflowanco Unit Rate Extended VEHICLE - GeoDesign 40 Day $20.00 $800 VEHICLE - Mileage 1000 Mile $0.60 0600 INSITU TEST - Nuclear Density Gauge - HALF DAY 20 Half Day $40.00 5800 INSITU TEST - Nuclear Density,Gauge - DAY Day $50.00 $250 1521NEM4140,170001eAgtOKZAMOSAIMOMV,'eitgliet&AlS,Tttegytheletilna,,,O;01,0201,4,CgOZIA‘Z/442VAIMICAVV,441,04414,,,, _ REIMBURSABLES: Submittal Review Construction Observation Project Consultation Analytical Laboratory Afiowanco Unit Rate Extended l'ElfirafMAY,AT.PMPPMVXP,AV4C,RLSZV..:StLd,IVW IVENUer,W,CtaWWIttafILTSAlt,latILENCial?,t1Z2e ,;:f3,1,41TOWL,2Mir: LABORATORY TESTING: Submittal Construction Project Analytical Laboratory Unit Rate Extended Compaction (ASTM 01557) - 3 poirts 3 ea $231 5693 Particle Size Analysis ASTM C136 3 ea $126 0378 elnattkAVAT4,4#91#00.VaTZeTiTAPTgZ WazioZVilhIgteZa ittigalgeNIAlk Zgai.faltgraMtatdd.,,gr6im,',',2801014tAli;a14910iP; tiellf***460****WCZZEIIRMINEASETEIVOIENSOINIZEINAMMOIEZZENNWIEVIMATMOMMSPOSPOWST SUBCONTRACTORS (include tax when applicable) Submittal Review Construction Observation Project Consultation Analytical Laboratory Allowance SUBTOTAL HC Extended Dewatering Discharqe - Analytical Laboratory (4 -tests) $5,320 85,320 $638 $5,958 Excavation Spoils - Analytical Laboratory (6 -tests) 57,980 $7,980 $958 $8,938 ',"'WdEal,,.49,81,934011,4 :„00,1040,401,1*AgEIRE,MIASP:inegikMAMIMeArCISNIVAIR4440Vie,, Analytical Submittal Construction Project Laboratory Review Observation Consultation Allowance FIMefiergIVAISMAlliMIN101101•1110011WERIttalfeitittlfflitifialgt;n2ntreaSYMMISMOC 77 7;7 Al4VOSIMAIMPPIX,Alai* ;1/2,21440,90se D EXHIBIT A ATTACHMENT 1 GEOTECHNICAL SCHEDULE OF CHARGES COMPENSA770N Our compensaton will be determined on the basis of time and expenses in accordance with the following schedule unless a fixed fee amount is so indicated in the proposal or services agreement. Contracted professional and technical services will be charged at the applicable hourly rates as listed below. Staff time spent in depositions, trial preparation, and court or hearing testimony will be billed at one and one-halftimes the below rates. Time spent in either local or inter -city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoinschedule; when traveling by public carrier, a maximum charge of eight hours per day wifl be made, Current rates are u,follows: Personnel Hourly Rate Support Staff $ 66 Project Assistant $ 78 Senior Project Assistant $ 84 Technician $ 71 Technician II $ 82 Senior Technician 88 CAD $ 88 Staff 5 91 Staff II $ 105 Staff III $ 115 Project Manager $ 133 Project Manager | $ 142 Senior Project Manager 5 151 Associate $ 156 Senior Associate $ 176 Principal $ 193 Equipment Rate Air compressor, generator (per 1ay) $ 42 Cement scale and pan (per day) $ 25 Core drill (peday) $ 200 Cross -hole sonic Iogger([sL)(half day, maximum $*5O/UaW $ 225 Digital camera (per day) D 10 Drilled shaft inspection camera (DSIC) (half day, maximum 5900/day) $ 450 Field California bearing ratio (CBR) equipment (per day) $ 220 Failing weight deflectometer (FWD) (per day) 5 1.700 Failing weight deflectometer(FWD) withGPR( day) $ 2.900 Global positioning system (GPS) differential (per day) $ 75 Global positioning system(GPS) hand-held ( day) 5 25 Ground penetrating radar (GPR) hand -pushed (per day) $ 400 Ground penetrating radar (GPR) truck -mounted (per day) $ 1.200 Hand auger (per day) $ 35 Hydroacoustic Monitoring Equipment (per day) $ 250 Miscellaneous field equipment (per item, per day) $ 10 Nuclear density gauge equipment (per hour) $ 10 Pile Driving Analyzer (PDA) (halfday, maximum 5500/day) $ 250 Pile Integrity Tester (peday) $ 200 Satellite Phone (per day) $ 20 Slope inclinometer equ| t (per casing) 5 75 SoiI samples in brass or stainless sleeves (per sample) $ 10 Soil samples in rings (per sample) $ 10 Specialty software $ 15 Total Station Survey Equipment (PrecioGeomorphic Surveys) (per hour, maximum $400/day) $ 50 Vehicle (company) usage (half day, plus 50.60 per mile charge) $ 10 Vehicle (company) usage (full dayplus $0.6Oper mile charge) $ 20 Vehicle (personal) usage (per mile) $ 0.60 Vibration monitoring equipment (per day, maximum $250/week, maximum $750/month) $ 50 Reproduction Black/White Color OY2xl1 (per finished page) 5 0.12 $ 1]5 11 xl7(per finished $ 0.30 5 1.50 C- or D -size plots (black/white and color per finished piot) $ 25 D -size scan $ 12 OTHER SERVICES, SUPPLIES, AND SPECIAL TAXES Outside services (equipmentsupplies, d facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations) are charged at cost plus 12 percent. This includes shipping chab i / transportation, printing d reproduction,miscellaneous |i d rentalssurveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Specialized equipment will be quoted on a per -job basis. In-house disposable field supplies (routinely used field supplies stocked in-house by GeoDesign) at current rates. List available upon request. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. All rates are subject to change upon notification. DESIGNri l2/09/l3 EXHIBIT ATTACHMENT 1 LABORATORY SCHEDULE OF CHARGES 1YPE OF TEST AoerbevgLimits (ASTM D43l8-05) CBR with 3 -Point Proctor (ASTM D 1883-07) Compaction (ASTM Dl557V7/AJTMD598-07; Methods A, B, and C) 1 point 4 points Consolidation (ASTM D 2435-04 (with 2 timed rebounds) Direct Shear (ASTM D 3080-04 Per point 3 points Moisture Content -Oven Method (ASTM DZ86V5) Moisture/Density Rings Shelby tubes Organic Content (ASTM D 2974) Particle Size Analysis Sieve (ASTM [ll7-04/ASTMCl95-0W(includes 'Z0UWash, Dry Sieve) Percent passing No. Z00(ASTM [ll704/ASTMDll40'0O) Combined sieve and hydrometer (ASTM D 422-63) Permeability Falling head inrigid wall penneameter(Army Corps Eng. BNlll0-2-l906\0H3) In triaxial celI with back pressure saturation (ASTM D 5084-03) pH of Soil (ASTM G 51) Resilient Modulus V\A_SHlVT}07-99 In situ sample Remolded sample (includes compaction and sample preparation) Rice Density (ASTM D 2041) Soil Resistivity Specific Gravity Parafilm coated core Rice Gravity -core specifk gravity Gravel specific gravity Sand specific gravity Soil Triaxial Compression Unconsolidated, undrained (back pressure saturation) (ASTM D 2850-03) Consolidated, undrained, 1 point (ASTM D 4767-06) Consolidated, undrained, strength envelope (ASTM D 4767-06) Unconfined Compression Unconfined compression of undturbed soil samples (ASTM D 2166-06 Unconfined conlpression of cement -treated soils (ASTM D 1633-00) Sample preparation and other tests charged at hourly rates. UNIT PRICE $ 163 $ 620 $ 95 $ 231 $ 420 $ 2]l � 441 5 25 $ 37 $ 37 $ 84 $ 126 5 79 8 210 $ 368 $ 420 $ 84 5 600 $ 900 $ 126 $ 194 $ 47 $ 95 5 16 5 75 $ 100 $ 105 $ 320 5 420 $ 1260 5 121 $ 82 GeoDesign, Inc. reserves the right right to subcontract any Iaboratory testing Iisted in our scope ofwork and to apply charges for subcontracted testing at the rates listed above. DESIGW 8/10/12 EXHIBIT A ATTACHMENT 1 ENVIRONMENTAL SCHEDULE OF CHARGES COMPENSA770N Our cosatiowill be determined on the basis of time and expenses in accordance with the follow ng schedule unless a fixed fee amount is so indicated in the proposal or services agreement. Contracted professional and technical services will be charged at the applicable hourly rates as listed below. Staif time spent in depositions, trial preparation, and court or hearing testimony wilbe billed at one and one-half times the below rates. Time spent in either Iocal or inter -city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule; when traveling by public carrier, a maximum charge of eight hours per day will be made. Current rates are as follows: Personnel Support Staff Project Assistant Senior Project Assistant Technician Technician II Senior Technician CAD Staff Staff II Staff III Project Manager Project Manager II Senior Project Manager Associate Senior Associate Principal Hourly Rate $ 66 $ 78 $ 84 $ 71 $ 82 $ 88 $ 88 $ 91 � 105 $ 115 $ 133 $ 142 $ 151 $ 166 $ 176 $ 193 Equipment Rate Air compressor, generator day) $ 50 Bladder pump (per day) (includes generator) 104 Digital camera (per day) $ 10 Disposable bailers (per item) 5 14 Disposable field f'ilter (peritem) 5 20 Dissolved oxygen meter (per day) $ 31 Electric sampling pump (per day) $ 26 Gas extraction monitor (per day) $ 175 Gas vapor probe kit (per haif day) $ 200 GIobal positioning system (GPS) differential (per day) S 75 Global positioning system (GPS) hand-helci (per day) $ 25 Hand auger (per day) $ 35 Infrared Camera (F|irb40)(per day) $ 250 lnterface meter (per day) $ 52 Low-fiow sampling kit (per day) 5 210 Moisture Meter (Delmhorst BD -21 00) (per day) $ 25 Oxidation reduction potential (ORP) meter (per day) $ 42 Peristaltic pump (per day) g 62 pH/conductivity/temperature meter (per day) $ 42 Photoionization detector (PID) (per day) $ 110 Sampling kit (gloves, goggles, tools, etc.) (per day) $ 20 Sample tubing per foot) 5 0.50 Sample tubing (Teflon/silicon, per foot) $ 2 Satellite Phone (per day) 5 20 Soil vapor probe with slide hammer and enclosure $ 100 Specialty software (MODFLOW, per hour) $ 15 Total Station - Survey Equipment (Precision Geomorphic Surveys) (per hour, maximum $400/day) 5 50 Vehicle (company) usage (full day, plus 50.60 per mile charge) $ 20 Vehicle (personal) usage ( r mile) $ 0.60 Van Veen sediment sampler (per day) $ 100 Water level meter (per day) $ 42 YSI probe (per day) $ 100 Reproduction Black/White Color w'Axll(per finished page) $ 0.12 $ 1.15 11 vl7(per finished $ 0.30 $ 1.50 C- or D -size plots (black/white and color per fini,hedplot) $ 25 D -size scan $ 12 OTHER SERVICES, SUPPLIES, AND SPECIAL TAXES Outside services (equifacilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations) h d at cost plus12 percent. This includes DESIGNshipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance, which may be required. Specialized equipment will be quoted on a per -job basis. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. All rates are subject to change upon notification. lZ/09/l3 Project Name: Consultant: COST PLUS FIXED FEE Exhibit B Consultant Fee Determination City of Tukwila East Marginal Way Storm Pipe Replacement Supplement No 4 - Construction Services KPG Classification Project Manager Senior Engineer Project Engineer Design Engineer CAD Technician Construction Inspector Survey Crew Document Specialist Office Admin Total Direct Salary Cost (DSC) Overhead (145.78% x DSC) Fixed Fee (30% x DSC) Hours Rate 61 $ 65.00 $ 25 $ 52.06 $ 488 $ 44.90 $ 75 $ 36.06 $ 37 $ 31.25 $ 1,056 $ 37.00 $ 0 $ 50.75 $ 140 $ 40.87 $ 5,722 432 $ 26.92 $ 11,629 Cost 3,965 1,302 21,911 2,705 1,156 39,072 2,314 Subtotal: $87,462 $127,501.79 $26,238.53 REIMBURSABLES $241,202.10 Construction Vehicles (4 months @ $750) Miscellaneous - Mileage, Repro, Field Supplies Subtotal: $3,000 $2,700 5,700 SUBCONSULTANT COSTS Material Testing Allowance $53,000 Subtotal: $53,000 TOTAL $ 299,902.10 SUPPLEMENTAL AGREEMENT NO. 3 AGREEMENT NO. 13-036 Ce.,) PROJECT NO. 91241206 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 13-036(c) Council Approval 6/16/14 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way Stormwater Pipe Repairs — Additional Field Investigations This SUPPLEMENTAL AGREEMENT NO. 3 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 5th day of February, 2013. 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: The Consultant agrees to provide additional field investigations and final design services in accordance with the scope of work included as Exhibit A. 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 $45,985.87 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $223,439.76 without express written modification of the Agreement signed by the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this �t"day of ---11/./A__ , 2014. APPROVED: CITY OF TUKWILA Attested: or Christy O'Flaherty, City Clerk APPROVED: KPG, INC. Nelson Davis, P.E. Principal /51-6 �Giy�s EXHIBIT A City of Tukwila E. Marginal Way S. Emergency Stormwater Pipe Repairs Supplement No. 3 Additional Field Investigations Scope of Work May 8, 2014 PURPOSE: This purpose of this supplement is to perform additional field investigations in support of final design and cost estimating for replacement of an aging 36 -inch stormwater pipe along E. Marginal Way S. between approximately 12500 and S 120th Place. The original design approach anticipated replacement of the storm drain in approximately the same alignment; however, utility potholing and geotechnical investigations along the existing alignment revealed a number of issues. Specifically: • Soil contamination (petroleum, creosote, cement kiln dust) from adjacent land uses. • Groundwater contamination. • Extensive utility relocation needs due to newer utility installations along and above the deeper pipe alignment. An alternate alignment was determined to minimize utility interference and reduce risks associated with contaminated soil and groundwater by shifting the storm pipe further away from suspected sources of contamination where feasible. This supplement provides for necessary geotechnical review, dewatering considerations, contaminated soil and groundwater sampling, utility potholing, franchise utility coordination and preparation of a Contaminated Media Management Plan (CMMP) in support the alternate alignment. The work also includes application for a King County Industrial Waste Permit for potential discharge of dewatering systems. City of Tukwila KPG EMW Storm Additional field investigations Page 1 of 4 May 8, 2014 SCOPE OF WORK: Task 1 — Management, Coordination & Administration 1.1 No additional work necessary on this task. Task 2 — Field Investigations 2.1 The Consultant shall coordinate geotechnical review to provide additional subsurface information along the revised alignment and recommended aquifer parameters based on in situ testing that will support the selection and design of dewatering systems by the Contractor. Geotechnical review will be performed by GeoDesign under subcontract to the Consultant and will include the following work: • Select/revise proposed boring locations and coordinate and manage the field investigation, including obtaining a street -use right-of-way permit from the City. A street -use right-of-way application is required along with a proposed traffic control plan. • Mark boring locations and request public utility locates. A separate trip to the site will be necessary to mark the boring locations in order to get the utility locates completed, to evaluate traffic control requirements, and to identify which bus stops may be impacted or parking spots that will need to be closed during the field work. The traffic control plan and identification of parking spots or driveways that will need to be blocked off during the drilling and anticipated work hours will be provided in the traffic control plan submitted with the right-of-way permit application. • Explore subsurface conditions by completing up to three additional soil borings along the new alignment. The borings will be completed to a depth of approximately 20 feet, or less if bedrock is encountered. • Complete laboratory analyses on disturbed soil samples obtained from the explorations to assist in soil classification and evaluating engineering parameters. Testing may include up to nine moisture content determinations and six grain -size distribution tests. • Perform slug tests in Phase I borings B-1, B-3, and B-5. Slug tests will provide information of aquifer permeability and support estimating aquifer storativity. The wells in each of the three borings are in slightly different soil City of Tukwila KPG EMW Storm Additional field investigations Page 2 of 4 May 8, 2014 conditions, which will provide information on the variability of the aquifer parameters. • Prepare a geotechnical memorandum to summarize the subsurface conditions and in situ testing completed during the field investigation. The information developed during the Phase 11 investigation will then be included in the final version of the geotechnical report for the project. 2.2The Consultant shall prepare a Contaminated Media Management Plan (CMMP) to provide information regarding proper procedures and field protocol to address cement kiln dust and petroleum -impacted soil and groundwater at the site. The CMMP will discuss proper detection, handling, and management of petroleum - contaminated soil encountered during construction activities. The CMMP will be made available to the bidding contractors as an appendix to the specifications. The CMMP will not include a Health and Safety Plan for the contractor; we assume the contractor will prepare and implement a site-specific Hazard Communication Plan based on the conditions described in the contract documents and revised as necessary based on conditions actually encountered. Preparation of the CMMP will be performed by GeoDesign under subcontract to the Consultant. 2.3The Consultant shall prepare a supplemental potholing plan and coordinate field potholing of utilities in the vicinity of the new pipe alignment. Potholing will be performed by Bravo Environmental Services under subcontract to the Consultant. Task 3 — Survey and Right of Way 3.1 The Consultant shall pick up all potholes and boring locations identified in Task 2. All information will be incorporated into the project base maps. Task 4 — Prepare Final Plans, Specifications, and Estimates 4.1 The Consultant shall coordinate with King County Water District 125 for incorporation of necessary water relocations into the project bid documents. WD 125 work will be included as a separate bid schedule in the bid documents. 4.2 The Consultant shall coordinate with Valley View Sewer District for incorporation of necessary sewer force main relocation into the project bid documents. WSD work will be included as a separate bid schedule in the bid documents. City of Tukwila KPG EMW Storm Additional field investigations Page 3 of 4 May 8, 2014 Task 5 — Permitting 5.1 The Consultant shall apply for a King County Industrial Waste Discharge Permit to allow discharge from dewatering system(s) into the sanitary sewer. It is anticipated that the permit will be issued to the City for use by the Contractor. ADDITIONAL SERVICES: The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. DELIVERABLES • Final Geotechnical Report. • Contaminated Media Management Plan • King County Industrial Waste Discharge Permit application City of Tukwila KPG EMW Storm Additional field investigations Page 4 of 4 May 8, 2014 HOUR AND FEE ESTIMATE City of Tukwila C O rn N > ii 0 0. Q u M R 0. •0 d z � R d 3 aEi E 2 O W f%) co Labor Hour Estimate c E 0 < EA E9 > 0 M rn O N crj C O O. O 0 N c EA A 1- 69 69 4/9 O O 0 O 0 0 O O 0 0 0 O O O 0 O O O CSO CO N- CO C) OO O M O) O O O CD O OO O N O O) O CD 1)) O 0 OCD CO- CO- O) tD O Eft 69 69 69 0 M 69 N N CD 0 O O O 0 0 0 O 0 0 0 0 0 O 0 0 O 0 0 O CO N O 0 O O N 0 0 D) N c 0 c L m 0 a) O c O CO . 'D a(0 CO C 174c ,D c CD u. U N Y r N CO N N 0) c 0 L 0 O c f0 g m .oV3 0 0 d 'O N '- C 2 o 9?cp a) 3 2 $ 2 7 U o �_ a0i is O E' c C7 D)� c0 co c N d .O m g2 (0 EL 0 c O 0) a) a) 0_ 0i 0i CO o N d d d U d CC Et 0- 0_ C4) N CO M 0 0 LC) � 69 CA 0 O O 0 v 0 O O 0 N 0 N O O 0 O 0 0. U Q to O L 0 0. 0 el c f0 O, 0) CO 0 0 0 m c 0 a C4) N N O 0 0 0 0 0 O O O O N CO 0 N O O 0 N N 01 l0 E N C W O GO U CO l6 8 ON O 2 cu 0 m ai a o u 0 N O Y N 0 N '3 '3 LL a) 0 1`a c c 0 d 0 0 0 0 0 0 v �- m•1— N d' 0) s. 0. CO 0CD o N Eft N N O O O 0 0 O O 0 O 0 O 0 N N 0_ O. m E N 0_ a) 0) c N Y 7 (4) c c ._ m d o_ a 2 a 0 IA N CO 0 c 03 C0 E `m 0. c 0) 'N a) 0 O a) 0 N 0 m .0 E Supplemental Authorization amount: $ SUPPLEMENTAL AGREEMENT NO. 2 AGREEMENT No. 13-036 C b) PROJECT No. 91241206 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way Emergency Stormwater Pipe Repairs — Time Extension This SUPPLEMENTAL AGREEMENT NO. 2 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 5th day of February, 2013. All provisions in the basic agreement remain in effect, except as expressly modified as follows: Article 3, Duration of Agreement; Time for Performance, shall be supplemented with the following: This Agreement shall be extended to remain in full force and effect until December 31, 2014. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this y of Gini t. ct , 2014. APPROVED: / CITY OF TUKWILA -4/P-A Jim Hag Mayor Attested: Christy •'Flaherty, ity Clerk APPROVED: KPG, INC. Nelson Davis, P.E. Principal `std ! /G/Wt//cle-S SUPPLEMENTAL AGREEMENT NO. 1 AGREEMENT No. 13-036 ( PROJECT No. 91241206 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 et) 13-036(a) Council Approval 4/15/13 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way Emergency Stormwater Pipe Repairs — Final Design Services 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 5th day of February, 2013. 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: The Consultant agrees to provide final design services in accordance with the scope of work included as Exhibit A. 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 $138, 049.94 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $177,453.89 without express written modification of the Agreement signed by the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day ofA-y APPROVED: CITY OF TUKWILA itOr Jim c erton Ma , 2013. Attested: c Christy O'Flaherty, City Clerk APPROVED: KPG, INC. Nelson Davis, P.E. Principal EXHIBIT A City of Tukwila E. Marginal Way S. Emergency Stormwater Pipe Repairs Supplement No. 1 - Final Design Scope of Work March 26, 2013 PURPOSE: This purpose of this supplement is to perform geotechnical review, utility potholing, right of way and easement research, final design, and cost estimating for replacement of an aging 36 -inch stormwater pipe along E. Marginal Way S. between approximately 12500 and S 120th Place. A sink hole was discovered directly above the pipe in November of 2012 due to a localized pipe collapse. Spot repair of the pipe and limited video work revealed that the pipe is in extremely poor condition and requires replacement. The replacement pipe will be upsized to 48 -inch to match other replaced segments along the stream reach and reduce the likelihood of upstream flooding during heavy rainfall events. 90% Design drawings and cost estimates will be prepared for the entire pipe reach from the inlet to the existing 48 -inch pipe just south of S 120th Street. Based on available budget, it is anticipated that only a portion of the pipe replacement will be advanced to final bid documents and construction. The remaining portion will be finalized for bid and construction in the future. This supplement supercedes and provides a credit for the remaining budget from the original authorization. Due to poor pipe conditions encountered, an extensive review of alternatives was not necessary to determine the preferred final design approach as anticipated in the original contract authorization. City of Tukwila KPG EMW Storm Final Design Page 1 of 6 March 26, 2013 SCOPE OF WORK: Task 1 — Management, Coordination & Administration 2.1 The estimated project duration is 4 months. The Consultant shall provide overall project management including: • Project staff management and coordination • Subconsultant management and coordination • Schedule and budget monitoring and reporting Task 2 — Field Investigations 2.1 The Consultant shall coordinate geotechnical review to determine groundwater depths, trenching recommendations, and other information for construction of the new pipeline. Geotechnical review will be performed by GeoDesign under subcontract to the Consultant and will include the following work: • Review available existing geotechnical, geological, and environmental reports for the immediate area along the alignment and recent maintenance surveys of the existing pipeline. • Select/revise proposed boring locations and coordinate and manage the field investigation, including obtaining a street -use right-of-way permit from the City of Tukwila (City). A street -use right-of-way application is required along with a proposed traffic control plan. • Mark boring locations and request public utility locates. A separate trip to the site will be necessary to mark the boring locations in order to get the utility locates completed, to evaluate traffic control requirements, and to identify which bus stops may be impacted or parking spots that will need to be closed during the field work. The traffic control plan and identification of parking spots or driveways that will need to be blocked off during the drilling and anticipated work hours will be provided in the traffic control plan submitted with the right-of-way permit application. • Explore subsurface conditions by completing up to five soil borings as shown and summarized on the attached Figure 1. The borings will be completed to a depth of approximately 20 feet, or less if bedrock is encountered. City of Tukwila KPG EMW Storm Final Design Page 2 of 6 March 26, 2013 Information obtained from the borings will be the basis of recommendations addressing utility trenches and dewatering criteria. Drilling will be completed using hollow -stem auger drilling techniques, and samples will be collected using the standard penetration tests for correlation with soil engineering parameters. Samples will be collected at 2.5 -foot intervals to the bottom of the boring. Our representative will collect soil samples and maintain a log of the subsurface conditions encountered. We anticipate traffic control services, including one flagger, will be required when working within the right-of-way and at some locations one half or a driveway will need to be blocked off in order to access the drilling locations and to re-route traffic around the equipment. A separate site visit will be necessary in order to erect the no parking barricades prior to performing the drilling. During this visit we will also verify that there are no utility conflicts with the proposed locations. We anticipate each boring can be drilled in approximately two hours, after which the area will be cleared and parking can be opened. The proposed drill rig is a trailer -mounted rig that will only occupy one lane and that can be backed up off the curb to access locations in planter areas. • Complete laboratory analyses on disturbed soil samples obtained from the explorations to assist in soil classification and evaluating engineering parameters. Test may include up to 12 moisture content determinations and 4 grain size distribution tests. • Complete analytical laboratory testing on up to five composite soil samples obtained from the borings if cement kiln dust or some other chemical contaminant is suspected. A suite of tests, including petroleum hydrocarbon screening (WTPH-HCID), TCLP metals (RCRA 8), volatile organic compounds (VOCs; U.S. Environmental Protection Agency [EPA] 8260), and semi -volatile organic compounds (SVOCs; EPA 8270D), will be necessary to characterize the soil, evaluate chemical hazards, and identify disposal options. City of Tukwila KPG EMW Storm Final Design Page 3 of 6 March 26, 2013 • Prepare a report summarizing our findings, conclusions, and recommendation related to the following: • Subsurface soil and groundwater conditions and results of laboratory testing • Utility installation and excavation • Maintenance structure and pipe support • Dewatering • Subgrade preparation below restored paved areas • Fill material, compaction requirements, and geosynthetics • Environmental Considerations to address impacted soil 2.2The Consultant shall prepare a potholing plan and coordinate field potholing of utilities in the vicinity of the new pipe. Potholing will be performed by Bravo Environmental Services under subcontract to the Consultant. Task 3 — Survey and Right of Way 3.1 The Consultant shall perform additional topographic survey around the tavern site and pick up all potholes and boring locations identified in Task 2. All information will be incorporated into the project base maps. 3.2The Consultant shall obtain and review 9 title reports, review existing surveys, perform necessary field ties, and perform necessary calculations to make a determination and incorporate right of way and parcel lines into the project base maps. 3.3The Consultant shall research, calculate and incorporate any existing drainage easements into the project base maps based on title report information. 3.4The Consultant shall prepare legal descriptions and exhibits for new drainage easements on up to 3 parcels based on the new pipe alignment. Easement language will be provided by the City. 3.5The Consultant shall coordinate with affected property owners to obtain necessary drainage easements. The budget assumes that easements will be obtained on a mutual benefit basis and that appraisals and/or extensive negotiations will not be required. City of Tukwila KPG EMW Storm Final Design Page 4 of 6 March 26, 2013 Task 4 — Prepare Final Plans, Specifications, and Estimates The Consultant shall prepare Final Plans, Specifications and Estimates for advertisement and award by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the State of Washington. 4.1 The Consultant shall prepare 90% Plans for the entire pipe reach from the stream inlet to the existing 48 -inch storm drain just south of S 120th Street for City review and comment. 4.2The Consultant shall incorporate city comments and finalize Plans for bid advertisement. The plans may be for the entire project length or for a portion of the project based on available budget or other considerations at the discretion of the City. 4.3The Consultant shall prepare specifications based on WSDOT/APWA standards and City general special provisions. Specifications will be included with the 90% and Final submittals. 4.4The Consultant shall prepare cost estimates at the 90% and Final submittals. The 90% estimate will be for the entire project limits and divided into logical project segments in order to assist in determining how much of the pipe can be constructed with the initial project phase. The final estimate will be based on the actual bid document limits. 4.5The Consultant shall distribute 90% plans to utility providers along the corridor for verification of their facilities and identification of coordinate with franchise utilities for any necessary relocations. 4.6The Consultant shall upload Bid documents to bxwa.com for advertisement. Fees for advertisement will be paid by the City. 4.7The Consultant shall provide bid period services to include responses to bidder inquiries, preparation of addenda, attendance at bid opening, preparation of bid tabulation, and recommendation to award or reject the apparent low bidder. The budget assumes a straight forward review process with the low bidder receiving the contract award. City of Tukwila KPG EMW Storm Final Design Page 5 of 6 March 26, 2013 Task 5 — Permitting 5.1 The Consultant shall meet with WDFW staff to review the project site prepare a JARPA for Hydraulic Project Approval. 5.2The Consultant shall prepare and submit a SEPA checklist to the City for processing. 5.3The Consultant shall coordinate with City staff and WDFW staff to address questions or concerns during review of the permit applications. No additional permits are anticipated or included in the budget estimate. ADDITIONAL SERVICES: The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. DELIVERABLES • Draft and Final Geotechnical Report. • Legal descriptions and exhibits for up to 3 new drainage easements. • 90% Plans, Specifications, and Estimates (5 copies) • '/2 size final Plans (10 copies) • Full size final Plans (5 copies) • Final Specifications (10 copies) • Final Engineer's Estimate • Upload of Bid Documents to bxwa.com • Completed JARPA application • Completed SEPA checklist City of Tukwila KPG EMW Storm Final Design Page 6 of 6 March 26, 2013 HOUR AND FEE ESTIMATE City of Tukwila () 0) 1O a` a) a) LL Labor Hour Estimate 0) O C EE O < r fP) a- N 60 0 0) C Ch a) 0) r EP) a- 0 (1) (0 CO O 2 C R 0 Efl a aD O co N EP) to a o Oo O N N EP) 0 co 0o a 0 O 0 O O O 0 O 0 O 0 O CO co O) c 5 0 0 U F 7 o m a) W a) i 2 cc 0. N O m O) N a 0 0 0 N CO O O O O O O O co.) n 0Or 1-0 T T EP) EP) EP) EP) EP) 0 Op 0 Cr N M EP) 0 N N O O O O O O O O O O O O O O O O O N 0) C 0 n w a, O CO rn� IP 0 CD 0 =a cO R a) C co a3 2 aa) 0. m mOC N ) N a) a) 0. E 0 C '•0 R.0.0 E E U d cc cc 0) N N N O c 2 m 5 m 0 a) a0� c Ts O R v R O C co o a) O co o t 0 d a) a) as ( 0 E E cc cc O (n EP) N t() 0) (O (O N N CO N CO (O OD EP) f!>EA fA 0 0 L0() O O On ci O co a N EP) 0 O O O 0 O O O O O O O O O O O O O a O O O O O O O O O O O O O N O CO O 0 O N O O O CV N 00) O N O O O O O O O (D O > 0. c 0 CO C 0 0 U a) c O 0- O. 0. Ll) N. O oci N M 0) O ct 0) N •Zrr a C7 N O CO °) 0 0 n N: O Ln O O M 01 0) T EP) 0 EP) EP) EP) Ef3 EP) (fl EP) O O co N O O O O O O O O O O O 0 O 0 0 O O O O O O O O O 0 0 O CO 0 O N 0 CO 0 N O CO O O O O 0 00 (0 LO 0 O N O O d' co N O O O O O 0 O O CO N CO CO O (0 0 C R [Z O CA 0) as 0. `) d a) C iL a c 0 0 0. CO 0_ E m E = o arZaa E O 3 X 0 U a) 0 Q C‘!(" d' a d' (0. a) U as N co cnR 0 0) 0. a •m c 0 U a) a co O a) a, a) (0 0 7 Q E E T) T15 CC CC 0. co c0 m 2 x w HOUR AND FEE ESTIMATE City of Tukwila 0 O aL 0 0 LL 0 m E co) y W O 2 O .0 l0 J O C U 'Eco O a Eft O N 7) U O) o 0. U c — vi LO 0 0 N c6 O C 0 69 0 0 a 0 N 1- 0) _C E a 1- O CO nt 0 0 N (O0 co 0 or coo `o a N t0 N 0 T O O O 0 0 0 0 O O O 0 O va- O co O O O O 0 ao O O O O N O u7 N c O C U � O R c CL d CC CZ C 9 O N U E E m "m aCC o 0) O O) (') cc) • Cr LO T T E 4) E ++ 4) OLL '171 N E its' 0 mi E O U) c i+ w cn N O o O fl. � o c ;a O 0 O E d d a) Q c • fn D 0) U City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 13-036 Council Approval 2/4/13 CONSULTANT AGREEMENT FOR ENGINEERING DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter 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 engineering design services in connection with the project titled E. Marginal Way S. Emergency Stormwater Pipe Repairs. 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, 2013, 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 31,2013 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 $39,403.95 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 p/o2 O/6' 47-e 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 perfoiming 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, including the duty and cost to defend, 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 temiination 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. CA revised 2012 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. 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 Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. 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. F. 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 teimunate 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. CA revised 2012 Page 3 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. 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. 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. CA revised 2012 Page 4 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, Inc. 753 - 9th Avenue N. Seattle, WA 98109 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. DATED this day of CITY OF TUKWILA Attest/Authenticated: CA revised 2012 ctc(r ,20) . CONSULTANT By: ',/\--0( Printed Name: Nelson Davis, KPG Title: Principal Approved as to Form: Office of the City Attorney Page 5 EXHIBIT A City of Tukwila E. Marginal Way S. Emergency Stormwater Pipe Repairs Scope of Work January 2, 2013 PURPOSE: This purpose of this project is to perform field investigations, utility locates, preliminary design, and cost estimating for long term repair of an aging 36 -inch stormwater pipe along E. Marginal Way S. between approximately 12500 and S 120th Place. A sink hole was discovered directly above the pipe in November of 2012 due to a localized pipe collapse. Spot repair of the pipe and limited video work revealed that the pipe is in extremely poor condition between the inlet and the Metro Bus Barn. After the spot repair was complete, a second blockage occurred upstream near the stream inlet. The blockage resulted in flooding of an upstream residential lot and structure. A second spot repair was performed to eliminate the blockage; however, it is clear that a long term solution is necessary to maintain the integrity of this piped reach of the east fork of Riverton Creek. Scope of Work: A. The estimated project duration is 4 months. The Consultant shall provide overall project management including: • Project staff management and coordination • Subconsultant management and coordination • Schedule and budget monitoring and reporting B. The Consultant shall meet with WDFW staff to review project site and prepare an emergency HPA application for the purpose of performing video inspections and necessary spot repairs to maintain utility of the storm pipe in the short term. The HPA is required as this storm drain is considered a piped reach of the east fork of Riverton Creek. Permitting for the final repair will be completed once the scope and extent of the improvements are known and is not included in this scope of work. City of Tukwila KPG, Inc. EMW Emergency Stormwater Repair Page 1 of 2 January 2, 2013 C. The Consultant shall coordinate temporary bypass and video inspection of the pipe to the extent practical. The video inspection will be used to determine feasibility of in-situ repairs (such as slip lining or liner installation) and to determine the location of the pipe by use of tracking beacons on the video camera. A budget allowance of $7,000 is included for this work for subconsultant services by Bravo Environmental. Video work may not be feasible in all locations due to poor pipe conditions or significant obstructions. D. The consultant shall survey pipe location, structure data, and public utilities along E. Marginal Way. A budget allowance of $1,500 is included for utility locate services by a private locating service. The survey will be used to analyze the feasibility and cost of replacement options. Additional base mapping may be needed for final design depending on the findings of this preliminary analysis. E. The Consultant shall review survey, video, available geotechnical records, City GIS mapping, and other available information to develop up to 3 alternatives for in-situ repair and/or pipe replacement. F. The Consultant shall develop budget level cost estimates for each of the alternatives developed in Item E. G. The Consultant shall prepare a brief (2-3 pages text plus supporting graphics) summary memo to describe alternatives and provide a recommendation for long term repair. The memo will include anticipated permit requirements, geotechnical needs, utility relocation needs and other factors used in developing the preferred alternative. Deliverables • DVD of all completed video inspections. • Completed JARPA application. • Draft Technical Memorandum (5 copies) • Final Technical Memorandum (5 copies) City of Tukwila KPG, Inc. EMW Emergency Stormwater Repair Page 2 of 2 January 2, 2013 tAflIL I I 0 nuurs HIVSJ rtt CbIIIv1H1t City of Tukwila IL 0 1- 0 Labor Hour Estimate cr U -E co 0 Q ER CA O c 'E E O 0 a ,- < Q ER P0 a) 0 • a) c O` iTr c W � 0 0. V N 0 ER VD ER r CO m rn cci Lc; CO O () O O ER ER - CD 0 6) N n CO 0) r CV - VS VS 0 O O O 0 0 O O O O ER EH o 0 O 0) O co o oo O 01 O O O O co CO r- -cc O 0 O O 0 O O O O O O O 0 O O 0 O O O O V N O CO O O O O O r) 0 m O O 0 0 O CO O O N co CO CO O O O O O N N N O N N CO L C O E c o a, - c� 0) m E NCD c o c0 a Q . 'n a) O O l6 -c < 2 D= u, ' > c a c c O co '15 cp CD d > 0 WE coc CO Fa Cl 2 0 N cci co 1- T 0) c 0 0. O 0 c U C6 N a) 0_" .Q -F5 O 0 a) z' a co c = m II d o ui Cn w C6 E 0) y O U CSS 0. 0 a 0 E a) E LL (� a) U 0 0 ro 0) 0) U c a) a)U a) 45co 0_ O J CtJ Y a)2) H Laa as as N a) E E 75CC CC EA- Total Estimated Fee: