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Home My WebLink AboutTrans 2008-07-15 COMPLETE AGENDA PACKET City of Tukwila Transportation Committee . Pam Linder, Chair . Dennis Robertson . De'Sean Quinn Distribution: P. Under D. Robertson D. Quinn Mayor Haggerton J. Duffie V. Griffin R. Berry K. Matej D.Speck C. O'F1aherty M.Hart S. Norris J. Morrow B. Giberson F. lriarte P. Brodin G. Labanara C. Knighton R. l1schmak P. Lau S.Anderson Rnance Director J. Pace Jon Harrison N. Olivas S. Kerslake M. Miotke C. Parrish B. Arthur Rle Copy ~1~~~~Dq~ 3 E>1t:fu- Copies - - e-mail to B.Saxton C. O'FIaherty, K. Narog, S. Norris and S. Kirb ~--_~_~~ -~ ~_ -.~c -__ _~~~ AGENDA TUESDAY, JUL'( 15, 2008 Time: 5:00 PM Place: Conference Room #1 I. Current Agenda Review I. II. Presentation( s) II. III. Business Agenda III. A. Green River Pedestrian Bridge Repairs - Contract A. Forward to 7/21/08 Pg.l Closeout Consent Agenda B. Tukwila International Boulevard Phase II & III - B. Forward to 7/28/08 COW Pg.3 Coordination Agreements (Valley View Sewer District and Water. District 125) C. Tukwila 205 Levee - Site 5 Retaining Wall C. Forward to 7/28/08 COW Pg.31 Construction Management Supplement No. 5 with KBA, Inc. IV. Old Business IV. Future Agendas: Next Scheduled Meeting: Tuesday, Ju/y 29, 2008 b The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206-433-0179 for assistance. INFORMATION MEMO To: From: Date: Subject: Mayor Haggerton Public Works Director~ July 8, 2008 Green River Pedestrian & Utility Bridee Reuairs Project 07-RW02 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of retainage bond. BACKGROUND The Notice to Proceed for Contract No. 07-133 with Epic Construction, LLC of Bellevue, Washington, was issued November 13, 2007 for construction of the Green River Pedestrian & Utility Bridge Repairs. This project repaired the deteriorated areas of the timber truss bridge and replaced the old timber deck surface. This contract was completed on March 16, 2008. One change order was issued during construction for a time extension due to required additional repairs. The unit price overruns listed below were due to the additional removal and repairs of deteriorated timber truss members. Contract Award Amount Unit Price Overruns Sales Tax (N/ A Rule 171) Total Amount Paid (incl. retainage) $ 89,868.00 8,427.55 0.00 $ 98.295.55 RECOMMENDATION It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize release of the retainage bond, subject to the standard claim and lien release procedures. Attachment: Notice of Completion of Public Works Contract P:\PROJECIS\A- RW & RS Projects\07RW02 Gr Riv Ped Br\2008 Repairs Re-bid\ThiFO MEMO Acceptance Gr River Ped & Utility Bridge Repairs.doc From: State of Washington Department of Revenue A2■ PO Box 47474 RE VENUE Olympia WA 98504 -7474 Contractor's Registration No. (UM No.) 602 315 337 City of Tukwila Attn: Diane Jaber 6200 Southcenter Boulevard Tukwila, WA 98188 Date 6/26/08 NOTICE, OE C(IMPT .FTTfN (1F PTTRT ,TC WOR KC C(INTR A CT e Address o Public Agency Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number Green River Pedestrian Utility Bridge Repairs (07 -RW02) 07 -133 Contractor's Name Telephone Number Epic Construction, LLC 425- 284 -1448 Contractor's Address 40 Lake Bellevue, Suite 100, Bellevue, WA 98005 Date Work Commenced Date Work Completed Date Work Accepted 11/13/07 3/16/08 Surety or Bonding Company Western Surety Company, Bond 58647812 Agent's Address Brown Brown of Washington, 2101 4 Ave, Suite 600, Seattle, WA 98121 Contract Amount 89,868.00 Additions 8,427.55 Liquidated Damages 0.00 Reductions 0.00 Sub -Total 0.00 Amount Disbursed 98,295.55 Amount of Sales Tax Paid at 0.0 0.00 Amount Retained 0.00 (If various rates apply, please send a breakdown.) TOTAL 98,295.55 Comments: Western Surety Company, Retainage Bond #58647812, Tax Rule 171 Assigned To Date Assigned Signature Type or Print Name Diane Jaber Phone Number 206 -433 -1871 Department Use Only TOTAL 98,295.55 _Disbursing Officer' The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6- 27 -01) INFORMATION MEMO To: Mayor Haggerton From: Public Works Directo~ Date: June 26, 2008 Subject: Tukwila International Boulevard (TIB) Phase II & III Proiect Project #95-RW03 Third Party Utility Coordination Agreements ISSUE Authorize the Mayor to sign the Interlocal Coordination Agreements for the TIB Phase II & III Street Improvement Proj ect. BACKGROUND The TIB Phase II & III Street Improvement Project requires coordination with several third party utilities that have facilities which will require relocation within the project boundary. Two of these utilities are owned and operated by districts which do not hold franchise utility agreements with Tukwila. These districts have agreed to complete the relocations and adjustments within the TIB right of way as part of the City's construction contract. ANALYSIS Having control of the relocation effort through these Coordination Agreements helps the City actively manage the project, control costs and reduce delays since most of the new infrastructure can be more efficiently incorporated into the project construction than performed by the utility districts directly. We are also better equipped to manage disruptions to traffic on TIB ifthe work that crosses ~e roadway is integrated into our contractor's scope of work. Water District 125 and Valley View Sewer District's designs will be incorporated into our bid documents with the costs separated into different bid schedules for direct reimbursement by monthly invoice. The agreements also establish the relocation time frame for any removal of conflicting utilities and protect the City from the costs of unexpected utility conflicts found during construction. RECOMMENDATION Authorize the Mayor to sign coordination agreements with the third party utilities listed below. Water District 125 - (price determined by bid) Valley View Sewer District - (price determined by bid) Attachments: Third Party Utility Coordination Agreement between the City and Water District 125 Third Party Utility Coordination Agreement between the City and Valley View Sewer District P:\PROJECTS\A- RW & RS Projects\95RW03 TIB2\Info Memo 6-26-08 Coordination Agreements-VV&WD125.doc COORDINATION AGREElVIENT BETWEEN THE CITY OF TUKWILA AND WATER DISTRICT 125 REGARDING WATERLINE RELOCATION IN CONJUNCTION WITH THE TIB Phase 2&3 STREET IMPROVEMENT PROJECT (95-RW-03) THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation ("City"), and Water District 125, a Washington municipal corporation ("Water District 125" or "District")(individually a "Party" and collectively the "Parties"). RECITALS WHEREAS, the City is making right-of-way improvements ("City \Vork") to Tukwila International Blvd between S139th and Sl16th \Vay; and WHEREAS, Water District 125 has certain water infrastructure that will be affected by the planned improvements ("District Work") and will need to be relocated in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions of the District Work into one construction project (the "TIE Phase 2&3 Project" or "Project Work") whereby the right-of-way pavement will be disturbed only once. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: AGREEMENT 1. SCOPE OF WORK The City will advertise for bids and enter into a contract with a contractor ("Contractor") for the construction of the District Work as described and depicted on the Bid Documents dated June 2008 for the TIB Phase 2&3 Project. 2. RESPONSIBILITIES OF THE PARTIES A. KING COUNTY WATER DISTRICT 125 1) Water District 125 shall provide to the City any engineered drawings, specifications, construction standards, quantities, and cost estimates required for the District \V ork. The drawings shall show in detail the location, quantity, and size of the piping, meters, hydrants, and valve boxes to be affected by the Project Work. 2) Water District 125 shall review the portion of the Project's final drawings and specifications for the District Work and shall approve or reject those drawings and specifications in writing within seven (7) days of receipt. Failure to respond within S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WD125- Coordination Agreement - 06-19-08.doc (printed 6/19/08) - Page 1 of9 - the prescribed review period will signify the District's approval of the final contract documents. 3) Water District 125 shall provide the inspection services needed for overseeing the proper installation of the District Work. Water District 125's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the contractor. 4) Water District 125 shall notify its customers of the Project, perform any water system shut downs necessary for the District Work, and notify its customers of any scheduled water service interruptions related to the Project. 5) Water District 125 shall provide any new water meters required for its existing connections at no cost to the City or its contractor. 6) Water District 125 shall provide all water permits required for its existing connections at no cost to the City or its contractor. 7) Water District 125 shall remove, adjust or relocate, any existing water facilities, which are owned or operated by the District, not included in the Project Work and are in conflict with the proposed City Work, within the timeline described in Exhibit B - Timeline and Schedule. 8) Water District 125 shall maintain continued coordination with the City regarding the performance of the District Work. This coordination shall include but not be limited to the following: a. Water District 125 will attend the Project bid opemng and pre-construction meeting. b. City will provide Water District 125 a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change as provided in the contract documents. Water District 125 will pro actively review the proposed schedule and provide timely feedback of any concerns or potential impacts that the Contractor's work schedule or methods will have on the District's customers. Any changes required to the Contractor's schedule or methods to limit the adverse impacts to the District's customers will be negotiated in good faith through the City's contracting process. c. Water District 125 will attend weekly construction meetings. d. Water District 125 will evaluate completion of the District Work using the requirements of this Agreement and notify the City of any Defective or Unauthorized work at least once a month through the contract payment process. Failure to give written notice to the City of any Incomplete, Defective, or Unauthorized work within two (2) business days of the District receiving the Contractors Request for Payment from the City will signify the District's acceptance ofthe work submitted for payment by the contractor for that period. B. CITY 1) The City will incorporate Water District 125's design for the District Work into the Project construction contract documents. The City will advertise for bids, evaluate S:\Tffi Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\Tffi Ph2&3 - WD125 - Coordination Agreement. 06-19-08.doc (printed 6/19/08) - Page 2 of9 - bids, and award a construction contract for the Project ("Project Contract") to the lowest responsible bidder (the "Contractor"). The City shall administer the Project Contract and monitor the Contractor's activities. 2) The City shall require the Contractor to install and perform the District Work in accordance with the Project's fmal plans and specifications. 3) The City will provide all flagging and traffic control, including Uniformed Officers when required, for the District Work. 4) The City will provide Water District 125 with not less than five (5) working days written notice prior to the start of water construction to allow Water District 125's schedulil"1g of the on-site Inspector. 5) City will schedule and attend weekly construction meetings with the City's Contractor, Water District 125, and other franchise utilities involved in the Project. 6) The City will provide Water District 125 the Contractor's Request for Payment for the District Work within three (3) days of receiving a request from the Contractor. 3. COST ALLOCATION The City has no responsibility for costs related to the District Work. The costs shown on any exhibit to this document or on subsequent engineers estimates are estimates only. The final District cost will be based on the actual lump sum and/or unit bid price and quantities on the "WD 125 - Water System Work" as generally described in Exhibit A, included in the Project Bid Documents, as adjusted by construction change orders. Water District 125 will also be responsible for the following City's costs: A. Water Facility Installation. Water District 125 agrees to pay the actual cost that the City incurs for constructing the District Work as defined in the Project Bid Documents. B. Adjustments and Relocations. \Vater District 125 agrees to pay the actual costs the City incurs for adjustments and relocations of the District's water service lines, meter boxes, hydrants and valve boxes throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements. C. Additional Expenses. Water District 125 agrees to pay any additional expenses incurred in installing the District Work due to any over excavation required or any other unforeseen conditions related to the District Work which reasonably require additional work and expense, including any additional trench width or depth attributable to errors in Water District 125's design or conflicts not accounted for in Water District 125's design. Any changes to the District Work perceived as necessary by the Contractor, and any Change Orders therefore, must be approved in writing by Water District 125 in advance of such changes to the District Work. D. Consultant Costs & Construction Management. Water District 125 agrees to pay the actual cost that the City incurs, including consultant costs, for incorporating the District Work, and any Change Orders therefore, into the Project's construction contract documents and the City's cost for construction management and inspection coordination. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Reyiew\Utility Coordination\3rd Party Coordination Agreements\TiB Ph2&3 - WD125 - Coordination Agreement - 06-19-08.doc (printed 6/19/08) - Page 3 of9 - E. Invoice. Water District 125 agrees to pay the City within forty-five (45) days of receiving a correct in\!oice from the City for completed ,;york approved by the District and which Water District 125 has agreed to pay under this Agreement. Failure to pay on time may result in a Stop Work Order being issued for the District Work and possible claims of delay by the contractor. F. Final Acceptance. The City shall provide Water District 125 with written notice of completion of the District Work. The District inspector shall perform final inspection of the District Work within five (5) days of written notice. The District shall, within two (2) business days of its fmal inspection, provide to the City written final acceptance of the District Work, or, alternatively, provide an itemized and detailed response why final acceptance of the District Work cannot be given. If the District fails to respond to the City within the prescribed timeline, the District shall be deemed to have given final acceptance of the District \-Vork. Upon fmal acceptance of the District Work, the City shall assign its rights under the Project Contract relating to the District Work to the District, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the District Work. The City shall also require the City's Contractor, as a condition of the Project contract, to provide a bond to insure that the District Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. G. Defective or Unauthorized Work. Water District 125 reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work performed by the Contractor; provided, the District shall be deemed to have waived this right as to any part of the District Work that has been accepted by the District. This waiver shall not waive any claim by the District against the Contractor for any defective, incomplete or unauthorized work or to any damage inflicted by the Contractor or one of his subcontractors tq completed District Work following District acceptance. Defective, incomplete or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Water District 125's written approval. H. As-Built Drawings. The City shall provide the District with "as built" drawings for the District Work following the City's fmal acceptance of the Project Work. 4. WITHDRAWALFROMAGREEMENT Should Water District 125, upon review of the bid, which is acceptable to the City, elect not to have the City's contractor install the District Work, Water District 125 shall promptly issue to the City written notice of withdrawal from this agreement and this agreement shall terminate. Water District 125 shall be responsible to reimburse the City for its reasonable costs related to the District Work through the date of termination. It will then be the responsibility of Water District 125 to coordinate and install their facilities in a time and manner that will not delay the City's contractor. \-Vater District 125 shall be responsible for any delay to the City's project due to Water District 125's water relocation work. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WD125 - Coordination Agreement - 06-19-08.doc (printed 6/19/08) - Page 4 of9 - 5. CHANGES After the City executes a contract with the Contractor, Water District 125 shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor; obtain a price from the Contractor to perform the work, and notify Water District 125 of this price. Prices supplied for Water District 125 change orders may be subject to determination by the Engineer in conformance with subsection 1-04.4 of the 2008 WSDOT Standard Specifications. Water District 125 shall have two (2) business days from receiving the price from the City within which to respond to the City. If Water District 125 chooses not to accept the Contractor's price then this work shall only be performed by Water District 125 according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. 6. INDElVINIFICATION A. Mutual Indemnification. Each Party shall defend, indemnify and hold the other Party, its officers, officials, employees and agents harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of the Party's work required under this Agreement, except to the extent such injuries and damages are caused by the sole negligence or willful misconduct of the other Party. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, the indemnification set forth herein shall be valid and enforceable only to the extent of each Party's negligence. These claims may include delays caused by installing the District Work, delays caused by the District providing materials, failure to remove, relocate or replace conflicting utilities in accordance with the timelines established in this Agreement, or any other conflicts between the Contractor and Water District 125. Water District 125 at its sole expense shall have the right to defend any claims made by the Contractor relating to the District Work if the District determines all or any part of the claim is not valid. The provisions of this section shall survive the expiration or termination of this Agreement. B. Title 51. Solely for the purposes of enforcement of this Agreement, each Party hereby waives its immunity under industrial insurance, Title 51 RCW. The Parties mutually negotiated this waiver. C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and save Water District 125 and its elected and appointed officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against the District caused by or relating to the Contractor's performance of the District Work. D. Safety. The City shall require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of all persons and property during the performance of the Proj ect Work. The Contractor shall be required to comply with all applicable City, County and State rules, regulations, ordinances, orders and codes regarding safety. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WD125 - Coordination Agreement - 06-19-08.doc (printed 6/19/08) - Page 5 oJ9 - 7. INSIJR_ANCE A. District Obligation. Water District 125 shall procure and maintain for the duration of the District \V ork insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the District, its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self-insured retention shall be the sole responsibility of the District. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad fonn property damage - explosion, collapse and underground (XCD); and employer's liability; and 3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. B. Contractor Obligation. The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. Water District 125 shall be named as additional insured on the insurance policy. A copy of the endorsement naming Water District 125 as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of construction by the Contractor. The Contractor's insurance coverage shall be primary and non-contributory insurance as respects the Districts insurance listed above. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage - explosion, collapse and underground (XCD); and employer's liability; and 3) Excess Liability insurance with limits not less than $3,000,000 per occurrence and aggregate. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd party Coordination Agreements\TIB Ph2&3 . WDl25 - Coordination Agreement - 06-19-08.doc (printed 6/19/08) - Page 6 of9 - 8. FRAL~CmSE AGREElVIENT The City and Water District 125 agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under an existing franchise agreement between the City and Water District 125, and the City and Water District 125 expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, \Vater District 125's participation in the project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Water District 125's obligation to relocate underground utilities pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise- required. The District shall retain the rights of exclusive use, regulation and control of the completed District Work and full ownership of the District Work including, but not limited to, the right to sell, transfer or assign its rights in and to the District Work. 9. MISCELLA1~EOUS A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. . D. Attorney's Fees. 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 the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise agreed by both parties. Any written notice shall become effective upon delivery and shall be deemed sufficiently given if delivered to the addressee at the address stated on this Agreement. If notice is mailed, delivery shall become effective three (3) calendar days after the date of mailing by registered or certified mail. If notice is emailed, delivery shall become effective upon an acknowledgment of receipt of the email. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each affected party. G. Severability. If anyone or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WDl25 - Coordination Agreement - 06-19-08.doc (printed 6/19/08) - Page 7 of9 - H. Relationship. It is understood and agreed that no agency, employment, joint venture, co- employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. 1. Force AtJajeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of "force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WDl25 - Coordination Agreement - 06-19-08.doc (printed 6/19/08) - Page 8 019 - IN WITNESS 'WHEREOF, the parties below have executed this Agreement. WATER DISTRICT 125 CITY OF TUKWILA by: J"J{J~ ~~ Print Name: MA-Q Ie PAif;2..<;.bU< Title: 'SLt.~i f\'+ ~d by: Print Name: Title: (Mayor) DATE: 4,- (Q-C8 DATE: Notices to be sent to: Notices to be sent to: WATER DISTRICT 125 CITY OF TUK\VILA Attn: yw ~ .p~s.e.ps f'.D.B('"j)( t...9',147 ~64-~C WA, tJSlbf\ P1,4&:.~SOplJS ~ L'A-'t~Ol~lCt 12S"~ (email) ? D'o-7.-L!2:-Cj1;;-'-l"7 c....c._ (telephone) -z..o/,.- '2-"'; ~ ~ l7 "'I (facsimile) Attn: Bob Giberson Public \V orks Department 6300 Southcenter Blvd., Ste 100 Tukwi1a, WA 98188 boiberson@ci.tukwila.wa.us 206-433-0179 (telephone) 206-431-3665 (facsimile) APPROVED AS TO FORLVI: Shelley Kerslake, City Attorney S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WD125 - Coordination Agreement - 06-19-08.doc (printed 6/19/08) - Page 9 of9 - TIB Ph2/3 - (95-RW-03) Exhibit A - Scope of\Vork- \VD 125 - 'Vater System Work The following Scope of Work will be included in the Project Work following the execution of a Coordination Agreement for the Project listed above. The District will be responsible for paying these costs by compensation to Tukwila as detailed in the Coordination Agreement and the relevant attachments. Additional costs may be assessed to the District as allowed by the Agreement and/or as detailed below. See MEASUREMENT AND PAYMENT section below for detailed descriptions of Bid Items. BID SCHEDULE - D I ITEM ITEM QUANTITY UNIT TOTAL I NO. DESCRIPTION PRICE AMOUNT 1. 8" Class 52 0.1., RJ, Pipe & Fittings (w/full depth crushed rock) 196 LF $ $ Price in Words 2. Connection to Existing Water Main 2 EA $ $ Price in Words 3. Additional Fittings 500 LBS $ $ Price in Words 4. 8" HMA Pavement Patch 100 SY $ $ Price in Words 5. 6" HMA Pavement Patch 105 SY $ $ Price in Words 6. Plug Existing Main 1 EA $ $ Price in Words 7. 18" Steel Casing 9 LF $ $ Price in Words 8. Trench Safety LS $ $ Price in Words S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WD125 - Coordination Agreement - Exhibit A.doc , 06/19i2008 Page 1 of4 MEASUREMENT AND PAYMENT GENERAL The Contract price shall constitute full compensation for furnishing all plant, labor, materials and equipment for performing all the work operations required to construct and complete items as shown on the drawings and as specified herein. The Contract price shall include all overhead costs, transportation, insurance, profit and any other information costs related to the work. Payment for the complete work shall be considered full compensation and shall include all minor items required for a complete job, but not specifically mentioned in the Contract Documents and items mentioned in the Contract Documents, but not having a specific pay item. CL 52 0.1. PIPE AND FITTINGS (Items 1) Measurement and payment for new Water Main shall be per lineal foot of pipe laid, tested and approved, and shall be measured along the pipe through fittings, valves and couplings. Items to be included in the bid price shall include but shall not necessarily be limited to: a) Mobilization. b) Clearing, grubbing and disposal of all cleared material. c) Excavation of all materials of whatever nature encountered. d) Sheeting, bracing and dewatering, when necessary. e) Hauling and disposal of unused native material or any excess material. f) Furnishing, installing, and testing pipe and fittings. g) Furnishing, placing and compacting bedding material. h) Placing and compacting crushed gravel backfill for trench. The per lineal foot of pipe laid shall include. crushed rock bedding and full depth backfill. i) All restrained joints as shown on the plans and not paid for elsewhere. j) Compaction. k) Flushing. I) Pressure and sanitary testing. m) Traffic control. n) Temporary support of utility poles and existing structures as required. 0) Blocking of pipe and fittings. p) Finish grade of trench. q) Finish and clean project area. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WD125 - Coordination Agreement - Exhibit A.doc .06/1912008 Page 2 of 4 CONNECTION TO EXISTING 6", or 8" WATERMAIN (ITEM 2) This item shall include furnishing all materials, labor and equipment to provide a connection between the proposed water main tee or cross and the existing water main. The work shall include fittings, excavation, shoring, dewatering, backfill, compaction, thrust blocks, cleanup and all incidental items. Basis for payment will be the unit price for each (EA) connection to the existing system for all costs associated to furnish required fittings, restraint systems, piping, blind flanges, concrete, excavation, backfilling, compaction, shoring dewatering as required, testing, potholing in advance of connection and all other incidental work required to make the new connection and secure the abandoned pipe. Valves shall be paid for under a separate bid item. ADDITIONAL FITTINGS (Item 3) This item shall include all labor, materials, and equipment for additional fittings required as agreed by the District. Additional fittings will be paid at the unit price bid per pound in accordance with AVl/WA Standards weights. No additional payment will be allowed for following glands, restraint, blocking, bolts or gaskets. Payment for additional fittings shall be only for permanently installed fittings not shown on the plans. HMA PATCH ( 8" & 6" Thick) (Item 4&5) The unit of measurement for HMA Patch shall be the square yard of HMA patch installed. The unit price per square yard includes all the costs of material and labor for furnishing and installing compacted HMA patch in areas disturbed by the water main trench and in those locations directed by the Engineer. Included shall be the cost of providing and removing temporary cold-mix patch. PLUG & BLOCK EXISTING MAIN (Item 6) The unit price per each shall cover the costs of all labor and equipment necessary to excavate, expose and cut, plug, cap or blind flange and block existing mains to be abandoned. The unit price also includes the cost of removing all existing valves, boxes and fittings to allow the main to be plugged and the cost of all material and labor necessary for backfill and restoration. 18" STEEL CASING (Item 7) The unit of measurement for "18" Steel casing shall be per lineal foot of casing installed. The unit price per lineal foot includes all the costs of material and labor for furnishing and installing the 18" steel casing including casing spacers, and the casing seals at each end in accordance with standard detail # 18. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WD125 - Coordination Agreement - Exhibit A.doc , 06/1912008 Page 3 of 4 TRENCH SAFETY (Item 8) The completed work described in these contract documents and all applicable codes, ordinances and laws shall constitute the lump sum work for this item as listed in the proposal. The lump sum price bid for this item shall constitute full compensation for providing a safe trench environment, in compliance with Washington Industrial Safety and Health Act (RCW 49.17) and safety and health standards such as Safety Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), General Occupational Health Standard (Chapter 296-22 WAC) and any other appropriate safety and health codes. ADDITIONAL COST ITEMS The Contract Documents will provide additional provisions for Extra Work which cannot be completely quantified at the time of bid. These work items will be included in the bid schedule as either Unit Price or Force Account line items in a separate schedule from the "WD 125 - Water System Work" and will be billed according to the proportion of Extra Work associated with each specific utility. Two examples of such Extra Work items include "Potholing" and "Resolution of Utility Conflicts". The potholing item will be used to assess potential conflicts between planned Project Work and existing District utilities, which were not accurately located during design, and the RUC item will track any impact that a conflict creates with the Project Work as bid. The District acknowledges that approval of the final contract documents, which includes these Extra Work items, signifies its acceptance of these items as a method of reimbursement up to the maximum approved by Tukwila's contract authority. The District will be given the option to perform any required Extra Work with their own forces, use one or more of these Extra Work items, or approve a Change Order to include the work in the City's contract for additional compensation. In either case any impact to the project schedule may be assessed against the District if the Extra Work delays the project completion date and the District could have anticipated and avoided the delay. The impact will be charged to the District at the rate to be determined by the Project Engineer on a case by case basis as allowed in the DOT Standard Specifications and applicable law. S:\TIB Phase 2&3 - 9S-RW03\#.00S - Design Review\UtiJity Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WD125 - Coordination Agreement - Exhibit A.doc , 06/1912008 Page 4 of 4 TIB Ph2/3 - (95-RW-03) D_.L.~L.:4- D J2.iAlllUll JJ Water District 125 Work - Timeline and Schedule 1) The District 'will be provided, through appropriate contract language, a minimum of sixty (60) days written Notice of Pending Conflict by the City's contractor for all known utilities which require removal or relocation to avoid hindering the progress ofproject construction. This notice will include utilities which have not been designated as part of the District Work to be performed by the Contractor as Project Work. 2) For utility relocation requiring cut over of existing services a sixty (60) day work window will be provided to the utility, including thirty (30) days to install and energize new water mains and other necessary infrastructure, fifteen (15) days to complete transfer of existing services to the new system (assuming previous service routes can be reused or new service routes are in place), and fifteen (15) days to remove the obsolete utilities. 3) Minor utility adjustments which do not require cut over of existing services to new infrastructure will be given a fifteen (15) day work window to adjust utilities to avoid conflict. 4) In all cases the work window will start when utility crews have full and unrestricted access to the relocation zone and any applicable infrastructure included in the contract designed to accept the relocated utility is in place. Note - All time intervals will be measured in Calendar days. S:\TIB Phase 2&3 - 95-RW031#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - WD125 - Coordination Agreement - Exhibit B.doc - 06/1912008 Page 1 of 1 COORDINATION AGREEMENT BETWEEN THE CITY OF TUKWILA AND VALLEY VIEW SEw"ER DISTRiCT REGARDING SEWER FACILITY ADJUSTMENTS IN CONJUNCTION WITH THE TIB Phase 2&3 STREET IMPROVEMENT PROJECT (95-RW-03) TillS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation ("City"), and Valley View Sewer District, a Washington municipal corporation ("Valley Viewtl or "District")(individually a "party" and collectively the "Parties"). RECITALS WHEREAS, the City is making right-of-way improvements ("City Work") to Tukwila International Blvd between S139th and Sl16th Way; and WHEREAS, Valley View Sewer District has requested thatcertain sewer facility adjustments ("District Work") be made in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions of the District Work into one construction project (the "Project" or "Project Work") whereby the right-of-way pavement will be disturbed only once. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: AGREEMENT 1. SCOPE OF WORK The City will advertise for bids and enter into a contract with a contractor ("Contractor") for the construction of the District Work as described and depicted on the Bid Documents dated June 2008 for the TIB Phase 2&3 Project. 2. RESPONSIBILITIES OF THE PARTIES A. VALLEY VIEW SEWER DISTRICT 1) Valley View Sewer District shall provide to the City any engineered drawings, specifications, construction standards, quantities, and cost estimates required for the District Work. The drawings shall show in detail the location, quantity, and size of the piping, side services and manhole structures. 2) Valley View Sewer District shall review the portion of the Project's final drawings and specifications for the District Work and shall approve or reject those drawings and specifications in writing within seven (7) days of receipt. Failure to respond within the prescribed review period will signify the District's approval of the final contract documents. S;\TIB Phase 2&3 _ 95-RW03\1t.005 . Design Revicw\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - ValView- Coordination Agrcanent. 06-19-08.doc (printed 6/19/08) - Page 1 of9 - 3) Valley View Sewer District will provide the inspection services needed for overseeing the proper instaiiation of the District Work. VaHey View Sewer District's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the contractor. 4) Valley View Sewer District will provide all structural materials necessary to perform the relocation/adjustments included in the District Work as specified in this Agreement. S) Valley View Sewer District will notify its customers of the Project, perform any sewer system shut downs necessary for the District Work, and notify its customers of any scheduled sewer service interruptions related. to the Project. 6) Valley View Sewer District shall remove, adjust or relocate, any existing sewer facilities, which are owned or operated by the Distric~ not included in the Project Work and are in conflict with the proposed City Work, within the timeline described in Exhibit B - Timeline and Schedule. 7) Valley View Sewer District. shall maintain continued coordination with the City regarding the performance of the District Work. This coordination shall include but not be limited to the following: a. Valley View Sewer District will attend the Project bid opening and pre- construction meeting. b. City will provide Valley View Sewer District a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change as provided in the contract documents. Valley View Sewer District will proactively review the proposed schedule and provide timely feedback of any concerns or potential impacts that the Contractor's work schedule or Ip.ethods will have on the District's customers. Any changes required to the Contractor's schedule or methods to limit the adverse impacts to the District's customers will be negotiated in good faith through the City's contracting process. c. Valley View Sewer District will attend weekly construction meetings. d. Valley View Sewer District will evaluate completion of the District Work using the requirements of this Agreement and notify the City of any Defective or Unauthorized work at least once a month through the contract payment process. Failure to give written notice to the City of any Incompletet Defective, or Unauthorized work within 2 (two) business days of the District receiving the Contractors Request for Payment from the City will signify the District's acceptance of the work submitted for payment by the contractor for that period. B. CITY 1) The City will incorporate Valley View Sewer Districtt s design for the District Work into the Project construction contract documents. The City will advertise for bidst evaluate bids, and award a construction contract for the Project ("Project Contracf') to the lowest responsible bidder (the "Contractor"). The City shall administer the Project Contract and monitor the Contractor's activities. S:\TIB Phase 2&3 - 95.RW03VI.OOS . Design Rcview\Utility CoordinationUrd Party Coordination Agreements\TIB Ph2&3 . VaIView- Coordination Agrument. 06-19-08.00c (printed 6/19/08) - Page 2 of9 - 2) The City shall require the Contractor to install and perfonn the District Work in accordance with the Project's fInal plans and specitlcations. 3) The City will provide all flagging and traffic control, including Unifonned Officers when required, for the District Work. 4) The City will provide Valley View Sewer District with not less than five (5) working days written notice prior to the start of sewer construction to allow Valley View Sewer District's scheduling ofthe on-site Inspector. 5) City will schedule and attend weekly construction meetings with the City's Contractor, Valley View Sewer District, and other franchise utilities involved in the Project. 6) The City will provide Valley View Sewer District the Contractor's Request for Payment for the District Work within three (3) days of receiving a request from the Contractor. 3. COST ALLOCATION The City has no responsibility for costs related to the District Work. The costs shown on any exhibit to this document or on subsequent engineers estimates are estimates only. The final District cost will be based on the actual lump sum and/or unit bid price and quantities on the "Valley View - Sewer System Adjustments" as generally described in Exhibit ~ included in the Project Bid Documents, as adjusted by construction change orders. Valley View Sewer District will also be responsible for the following City's costs: A. Sewer Facility Installation. Valley View Sewer District agrees to pay the actual cost that the City incurs for constructing the District Work as defined in the Project Bid Documents. B. Adjustments and Relocations. Valley View Sewer District agrees to pay the actual costs the City incurs for adjustments and relocations of the District's sewer system throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements. C. Additional Expenses. Valley View Sewer District agrees to pay any additional expenses incurred in installing the District Work due to any over excavation required or any other unforeseen conditions related to the District Work which reasonably require additional work and expense, including any additional trench width or depth attributable to errors in Valley View Sewer District's design or conflicts not accounted for in Valley View Sewer District's design. Any changes to the District Work perceived as necessary by the Contractor, and any Change Orders therefore, must be approved in writing by Valley View Sewer District in advance of such changes to the District Work. D. Consultant Costs & Construction Management. Valley View Sewer District agrees to pay the actual cost that the City incurs, including consultant costs, for incorporating the District Work, and any Change Orders therefore, into the Project's construction contract documents and the City's cost for construction management and inspection coordination. 5:\118 Phase 2&3 _ 95.RW03Vl.OOS - Design Review\Utility Coordination\3rd Party Coordination Agreements\TlB Ph2&3 . ValView- Coordination Agreement - 06-19-08.doc (printed 6/19/08) - Page 3 of9 - E. Invoice. Valley View Sewer District agrees to pay the City within forty-five (45) days of receiving a correct invoice from the City for completed work approved by the District and which Valley View Sewer District has agreed to pay under this Agreement. Failure to pay on time may result in a Stop Work Order being issued for the District Work and possible claims of delay by the contractor. F. Final Acceptance. The City shall provide Valley View Sewer District with written notice of completion of the District Work. The District inspector shall perform final inspection of the District Work within five (5) days of written notice. The District shall, within two (2) business days of its final inspection, provide to the City written final acceptance of the District Work, or, alternatively, provide an itemized and detailed response why fmal acceptance of the District Work cannot be given. If the District fails to respond. to the City within the prescribed timeline, the District shall be deemed to have given final acceptance of the District Work. Upon final acceptance of the District Work, the City shall assign its rights under the Project Contract relating to the District Work to the District, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the District Work. The City shall also require the City's Contractor, as a condition of the Project contract, to provide a bond to insure that the District Work is :free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. G. Defective or Unauthorized Work. Valley View Sewer District reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work performed by the Contractor; provided, the District shall be deemed to have waived this right as to any part of the District Work that has been accepted by the District. This waiver shall not waive any claim by the District against the Contractor for any defective~ incomplete or unauthorized work or to any damage inflicted by the Contractor or one of his subcontractors to completed District Work following District acceptance. Defective, incomplete or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Valley View Sewer Districe s written approval. H. As-Built-Drawings. The City shall provide the District with "as built" drawings for the District Work following the City's final acceptance of the Project Work. 4. WITHDRAWAL FROM AGREEMENT Should Valley View Sewer District, upon review of the bid, which is acceptable to the City, elect not to have the City's contractor install the District Work, Valley View Sewer District shall promptly issue to the City written notice of withdrawal from this agreement and this agreement shall terminate. Valley View Sewer District shall be responsible to reimburse the City for its reasonable costs related to the District Work through the date of termination. It will then be the responsibility of Valley View Sewer District to coordinate and install their facilities in a time and manner that will not delay the City's contractor. Valley View Sewer District shall be responsible for any delay to the City's project due to Valley View Sewer District's sewer facility adjustments. S:\TIB Phase 2&3 .9S.RW03'l.OOS . Design Rmew\Utility Coordination\3rd Party Coordination Agrecments\TIB Pb2&3 . ValVicw- CoordinationAgreemcnt - 06-19-o8.doc (Primed 61JIJI08) - Page 4 of9 - 5. CHANGES After the City executes a contract with the Contractor, Valley View Sewer District shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor; obtain a price from the Contractor to perform the work, and notify Valley View Sewer District of this price. Prices supplied for Valley View Sewer District change orders may be subject to determination by the Engineer in conformance with subsection 1-04.4 of the 2008 WSDOT Standard Specifications. Valley View Sewer District shall have two (2) business days from receiving the price from the City within which to respond to the City. If Valley View Sewer District chooses not to accept the Contractor's price then this work shall only be performed by Valley View Sewer District according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. 6. INDEMNIFICATION A. Mutual Indemnification Each Party shall defend, indemnify and hold the other Party, its officers, officials, employees and agents harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of the Party's work required under this Agreement, except to the extent such injuries and damages are caused by the sole negligence or willful misconduct of the other Party. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, the indemnification set forth herein shall be valid and enforceable only to the extent of each Party's negligence. These claims may include delays caused by installing the District Work, delays caused by the District providing materials, failure to remove, relocate or replace conflicting utilities in accordance with the timelines established in this Agreement, or any other conflicts between the Contractor and Valley View Sewer District. The District, at its sole expense, shall have the right to defend any claims made by the Contractor relating to the District Work if the District determines all or any part of the claim is not valid. The provisions of this section shall survive the expiration or tenp.ination of this Agreement. B. Title 51. Solely for the purposes of enforcement of this Agreement, each Party hereby . waives its immunity under industrial insurance, Title 51 RCW. The Parties mutually negotiated this waiver. C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and save Valley View Sewer District and its elected and appointed officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against the District caused by or relating to the Contractor's performance of the District Work. D. Safety. The City shall require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of all persons and property during the performance of the Project Work. The Contractor shall be required to comply with all applicable City, County and State roles, regulations, ordinances, orders and codes regarding safety. S:\TIB Phase 2&3 - 9S.RW03'R.OOS - Design Review\Utility Coordination\3rd party Coordination Agreements\TIB Ph2&3 - Val View . Coordination Agreement - 06-19.{)g.doe (printed 6/19/08) - Page 5 of9 - 7. INSURANCE A. 3rd Party Utility Obligation. Valley View Sewer District shall procure and maintain for the duration of the District Work insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the District its agents, representative, employees, sub consultants or subcontractors. Any payment of deductible or self-insured retention shall be the sole responsibility of the District. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage - explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. B. Contractor Obligation. The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below agaill;)"t claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub consultants or subcontractors. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. Valley View Sewer District shall be named as additional insured on the insurance policy. A copy of the endorsement naming Valley View Sewer District as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of construction by the Contractor. The Contractor's insurance coverage shall be primary and non-contributory insurance as respects the Districts insurance listed above. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage - explosion, collapse and underground (XeU); and employer's liability; and S:\118 Phase 2&.3 _ 9S-RW03V#.OOS _ Design Review\Utility Coordination\3rd Party Coordination Agreemenls\TIB Ph2&3 . ValView. Coordination Agreement - 06-19-08.doc (printed 61J9/OB) - Page 6 019 - 3) F-xcl"C;:s T.i~hility insurance with limits not less than $3,000,000 per occurrence and aggregate. 8. FRANCHISE AGREEMENT The City and Valley View Sewer District agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under an existing franchise agreement between the City and Valley View Sewer District, and the City and Valley View Sewer District expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Valley View Sewer District's participation in the project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Valley View Sewer District's obligation to relocate underground utilities pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise-required. The District shall retain the rights of exclusive use, regulation and control of the completed District Work and full ownership of the District Work including, but not limited to, the right to sell, transfer or assign its rights in and to the District Work. 9. MISCELLANEOUS A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in :full force and effect. C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. D. Attorney's Fees. 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 the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise agreed by both parties. Any written notice shall become effective upon delivery and shall be deemed sufficiently given if delivered to the addressee at the address stated on this Agreement. If notice is mailed, delivery shall become effective three (3) calendar days after the date of mailing by registered or certified mail. If notice is emailed, delivery shall become effective upon an acknowledgment of receipt of the email. S:\TlB Phase 2&:3 . 9S.RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - ValView. Coordination Agreement - 06-19-08.OOc (p;jnted 6//9108) - Page 7 of9 - F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized. representative of each affected party. G. Severability. If anyone or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. H. Relationship. It is lll1derstood and agreed that no agency, employment, joint venture, co- employer or partnership is created by this Agreement No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ll) be responsible for any obligation or expense whatsoever of another. 1. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of "force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes. civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City:> and those statements shall not be construed as fonning a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any langu~ge contained in this Agreement, the terms of this Agreement shall prevail. S:\TIB Phase 2&:3 -95-RW03\1#.005 _ Design Review\Utility Coordination\3rd Party Coordination Agreements\TlB Ph2&3 - ValView- Coordination Agreement- 06-19-08.doc (printed 6/19/08) - Page 8 of9 - IN WITNESS WHEREOF, the parties below have executed this Agreement. DATE: (p/7-0/W08 I Notices to be sent to: VALLEY VIEW SEWER DISTRICT Ann: 'DAhA "b\~ -PO ~O)(... Lcf15fJLJ S t'_CL.4t\.P \ Ll Ju Cj'fS. \ (pg ..dt'l..wv1.r\@)..VrL\ Vll e.. CDVY'\ (email) (2Dlo) Z4z. -~2...3.Lo &.21:f7 (telephone) (Wi,,') 242.. ~ \'02-"1 (facsimile) CITY OF TUKWILA by: Print Name: Title: (Mayor) DATE: Notices to be sent to: CITY OF TUKWILA Attn: Bob Giberson Public Works Department 6300 Southcenter Blvd., Ste 100 Tukwila, WA 98188 bgiberson(alci. tukwila. wa.us 206-433-0179 (telephone) 206-431-3665 (facsimile) APPROVED AS TO FORM: Shelley Kerslake, City Attorney S:\TlB Phase 2&3 - 95-RW03\#.OOS - Design Review\Utility Coordination\3rd Party Coordination AgreemenlS\TIB Ph2&3 . ValVicw. Coordination Agreement - 06-19-08.doc (printed 6119/08) - Page 9 of9 - TIB Ph2/3 - (95-RW-03) Exhibit A - Scone of\Vork-Valle']'T View - Sewer System Adjustments ~ . . The following Scope of Work will be included in the Project Work following the execution of a Coordination Agreement for the Project listed above. The District will be responsible for paying these costs by compensation to Tukwila as detailed in the Coordination Agreement and the relevant attachments. Additional costs may be assessed to the District as allowed by the Agreement and/or as detailed below. BID SCHEDULE - E: Vallev View - Sewer System Adiustments ITEM ITEM QUANTITY UNIT TOTAL NO. DESCRIPTION PRICE AMOUNT 1. Install 1 foot 48" MH section 1 EA $ $ Price in Words 2. Install 2 foot 48" MH section 1 EA $ $ Price in Words 3. Install 3 foot 48" MH cone 9 EA $ $ Price in Words 4. Replace Frame & Cover w/Locking Frame and Cover 15 EA $ $ Price in Words 5. Adjust casting to Grade . 15 EA $ $ Price in Words 6. Remove or Abandon/Fill Sewer Pipe/Casing 170 LF $ $ Price in Words 7. Abandon Sewer MH 1 EA $ $ Price in Words 8. Trench Safety LS $ $ Price in Words S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - ValView - Coordination Agreement - Exhibit A.doc, 06/25/2008 Page 1 of2 ADDITIONAL COST ITEMS The Contract Documents will provide additional provisions for Extra Work which cannot be completely quantified at the time of bid. These work items will be included in the bid schedule as either Unit Price or Force Account line items in a separate schedule from the "Valley View - Sewer System Adjustments" and will be billed according to the proportion of Extra Work associated with each specific utility. Two examples of such Extra Work items include "Potholing" and "Resolution of Utility Conflicts". The potholing item will be used to assess potential conflicts between planned Project Work and existing District utilities, which were not accurately located during design, and the RUC item will track any impact that a conflict creates with the Project Work as bid. The District acknowledges that approval of the final contract documents, which includes these Extra Work items, signifies its acceptance of these items as a method of reimbursement up to the maximum approved by Tukwila's contract authority. The District will be given the option to perform any required Extra Work with their own forces, use one or more ofthese Extra Work items, or approve a Change Order to include the work in the City's contract for additional compensation. In either case any impact to the project schedule may be assessed against the District if the Extra Work delays the project completion date and the District could have anticipated and avoided the delay. The impact will be charged to the District at the rate to be determined by the Proj ect Engineer on a case by case basis as allowed in the DOT Standard Specifications and applicable law. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 . ValView - Coordination Agreement - Exhibit A.doc, 06/25/2008 Page 2 of2 TIB Ph2/3 - (9S-RW-03) 1i'...,.~a..~f R ..J...:JA.lIJ.UJ.L ~ Valley View Sewer Work - Timeline and Schedule 1) The District will be provided, through appropriate contract language, a minimum of sixty (60) days written Notice of Pending Conflict by the City's contractor for all known utilities which require removal or relocation to avoid hindering the progress ofproject construction. This notice will include utilities which have not been designated as part of the District Work to be performed by the Contractor as Project Work. 2) For utility relocation requiring cut over of existing services a sixty (60) day work window will be provided to the utility, including thirty (30) days to install and energize new water mains and other necessary infrastructure, fifteen (15) days to complete transfer of existing services to the new system (assuming previous service routes can be reused or new service routes are in place), and fifteen (15) days to remove the obsolete utilities. 3) Minor utility adjustments which do not require cut over of existing services to new infrastructure will be given a fifteen (15) day work window to adjust utilities to avoid conflict. 4) In all cases the work window will start when utility crews have full and unrestricted access to the relocation zone and any applicable infrastructure included in the contract designed to accept the relocated utility is in place. Note - All time intervals will be measured in Calendar days. S:\TIB Phase 2&3 - 95-RW03\#.005 - Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 - ValView - Coordination Agreement - Exhibit B.doc - 06/25/2008 Page 1 of! INFORJ.vlATION MEMO To: From: Date: Subject: Mayor Haggerton Public Works Directo~ July 8, 2008 Tukwila 205 Levee: Site 5 Retaining Wall Project No. 08-DR02 Supplement Number 5 to Consultant Agreement 06-045 Construction Management and Inspection Services ISSUE Approve Supplemental Agreement Number 5 to Consultant Agreement Number 06-045. BACKGROUND Base contract No. 06-045 with KBA, Inc. of Bellevue, W A, included on-call construction management (CM) services in support of any City-funded construction projects. To fully cover the expenses of providing adequate CM and inspection for the fast-paced Tukwila 205 Levee Repair project, the City needs to approve a second supplemental agreement with KBA, Inc. Through the executed fIrst supplement for this project, Supplemental Agreement No.4, KBA, Inc. is already managing and inspecting the levee repair project for the City. KBA has the proper expertise and staff availability to continuously work on this project. Supplemental Agreement No.4 only provided for limited scope and fee in order to allow the consultant to start work immediately. By executing ~e proposed Supplemental Agreement No.5, the City would allow the consultant to complete the remaining full-time CM and inspection services for the project. ANALYSIS This Supplemental Agreement was carefully reviewed, and is a reasonable scope and fee. The entire CM and inspection fee from the consultant is reimbursable from LA Pianta, LLC. Supplemental Agreement No.4 was approved in the amount of $24,000.00, making the combined total for the supplements to $114,000.00. BUDGET AND BID SUMMARY Not applicable due to the agreed reimbursement from LA Pianta, LLC to the City, for the entire construction management and inspection costs. RECOMMENDATION Approve Supplemental Agreement Number 5 in the amount of $90,000.00 for a combined total for this project of $114,000.00. Attachments: Supplemental Agreement Number 5 to Consultant Agreement Number 06-045 Exhibit A-5 - Scope of Services Exhibit B-5 - KBA Budget Proposal P:\PROJECTS\A- DR Projeas\08-DR02 (205 Levee Repair)\Conslruction Phase\Before Consuuction\KBA's Contract Supplemenl\!nfo Memo for KBAs Supplement #5 7-8-08.ooc SUPPLEMENTAL AGREEMENT NUMBER 5 TO CONSULTANT AGREEMENT NUMBER 06-045 TillS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein-after referred to as "the City", and KBA, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, April 17, 2006, and identified as Agreement No. 06-045. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, is hereby amended to include the scope of services as listed in the attached Exhibit A-5, for Phase 2 Services of the Tukwila 205 Levee Retaining Wall. 2. Payment, shall be amended as follows: The total amount of this supplement, with markup and sub consultants, as detailed in Exhibit B-5, is: $90,000. 3. Time for Performance, shall be amended as follows: The performance of this supplemental agreement shall be extended to October 31, 2008, to include the anticipated final billing from the consultant. Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $90,000.00 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $90,000.00. day of , 2008 DATED this CITY OF TUKWILA CONSULTANT - KBA, Inc. By: Jim Haggerton, Mayor Printed Name: Kristen A. Betty. PE Title: President KBA, Inc. June 17, 2008 C. Construction Services - Contract Administration 1. Liaison with the Client, contractor, designer, Corps, other appropriate agencies, property owners, and utilities. The Client will be the primary point of contact with the Corps. 2. Provide the Client with weekly executive summary progress reports in brief memo format to be provided in e-mail, highlighting construction progress and advising of issues which are likely to impact cost, schedule, or quality/scope. 3. Review the contractor's proposed schedule for constructability and contract compliance, and bring perceived problems to their attention. Monitor the contractor's conformance to schedule and require revised schedules when needed. Advise Client of schedule changes. Review third party (Le. Corps work on adjoining site(s)) work schedules for compatibility. 4. Progress meetings. Lead weekly progress meetings with the contractor, including preparing Client pre-briefing, weekly meeting agenda, meeting notes, and distributing copies of meeting notes to attendees. Track outstanding issues on a weekly basis. 5. Shop Drawings/Submittal Review. Track, and review or cause to be reviewed: work plans, shop drawings, samples, test reports, and other data submitted by the Contractor, for general conformance to the Contract Documents. (Note: The majority of the submittals should be reviewed in Phase 1.) 6. Respond to requests for information (RFls). Provide technical interpretations of the drawings, specifications, and Contract Documents, evaluate requested deviations from the approved design or specifications, or forward to appropriate party for interpretation and/or evaluation. 7. Change management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 8. Assist the Client in the investigation of malfunctions or failures during construction. 9. Record drawings. Review not less than monthly the Contractor's redline set of contract drawings, if required by Contract Docume-nts~-~-- __un _n__ ------ ------ 10. Document Control. Maintain document retention and tracking systems established in Phase 1. Collect, organize, and prepare documentation on the Project. Log in and out, and maintain files on RFls, submittals, correspondence, meeting notes, and project documents. 11. Final Records. Compile and convey final project records, transferring to the Client for archiving at final acceptance of the Project. 12. Provide all other necessary tasks requested by City of Tukwila. D. Construction Services - Field 1. Provide the services of multiple field Project Representatives and oversight from the Principal in Charge, as needed, on the Project site who will observe the Project Plans and Specifications compliance of the construction, including providing day-to-day contact with the Contractor, Client, utilities, and other stakeholders, and will monitor for adherence to the Contract Documents. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify contractor of noncompliance by issuing non- compliance orders. 3. Advise the Client of any non-conforming work observed during site visits. 4. Prepare daily construction reports, recording the construction contractors' operations observed while the Consultant is on site; prepare documentation of completed work, and other items, including change orders. The reports, along with daily photographs, will be P:\PROJECTSIA- DR Projecls\08-DR02 (205 Levee Repair)\Conslruction Phase\Before Conslruction\KBA's Contract Supplemenl\Revised KBAs PM & Inspection Service Scope for Sup #5, 7-7-OS_doc 2 of 5 KBA, Inc. June 17, 2008 provided to the Client on a daily basis in electronic format. Daily reports & photographs will comply with the Quality Control/Quality Assurance Plan. 5. interpret plans, drawings, specifications and other contract documents, in coordination with Designer. 6. Record of Materials. Prepare Record of Materials indicating anticipated material approvals, material compliance documentation, and materials testing requirements. Maintain records of material compliance documentation received, and advise of any known deficiencies. 7. Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor. 8. Respond to related questions from adjacent property owners and the general public. Prepare draft public notices for the Client's review. 9. Establish communications with property owners. Provide periodic notification to affected property owners on upcoming work and providing contact numbers, as it pertains to the construction of the retaining wall. The Corps will coordinate for later construction of the levee. 10. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. Track permit work windows and have Contractor incorporate into their schedule. 11. Prepare field records and documents to help assure the Project is administered in accordance with the applicable sections of the Quality Control/Quality Assurance Plan, to be further defined in the Construction Management Plan. 12. Attend and actively participate in weekly on-site meetings. 13. Provide periodic digital photographs during the course of construction. Photographs to be organized by date, and comply with the Quality Control/Quality Assurance Plan. 14. Punch list. Upon substantial completion of work, coordinate with the Client and the Corps, and other affected agencies, to perform a Project inspection and develop a 'punch list' of items to be completed. 15. Testing. Conduct, or cause to be conducted, quality assurance materials tests, and laboratory tests during the work. Coordinate and manage testing subconsultants for construction services. Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and inform Client and contractor of deficiencies. The Contractor to provide primary materials testing for contract compliance. 16. Provide all other necessary tasks requested by City of Tukwila. E. Assumptions 1. Budget a. Staffing levels are anticipated in accordance with attached budget estimate. A certain amount of overtime has been figured into the budget to use, if needed, during peak construction activities. Supplemental assistance may be needed depending upon contractor's activities (number of crews and shifts). The level of effort is based on a 50 hour work week with 20 percent contingency for overtime. b. The work is anticipated to be performed during daytime hours. Should night work be necessary, a 15 percent premium for labor will be applied to field representatives performing night work. c. The Consultant will provide services up to the budgetary limits. The level of effort required will not exceed the approved budget without prior approval by the Client. The construction is scheduled from June 19, 2008 through August 15, 2008 and is based on a P:\PROJECTSIA- DR ProjeclslOS-OR02 (205 Levee Repair}IConstruction PhaseIBefore ConstructionlKBA's Contract SupplementIRevised KBAs PM & Inspection Service Scope for Sup #5, 7-7-08.doc 3 of 5 KBA, Inc. June 17, 2008 39-working day construction contract. Should further services be required, or should the construction contract run longer than this time period, the Client and Consultant will negotiate a supplement to this Agreement. Thirty additional calendar days are budgeted for completion of punch list and project closure. 2. Items and Services Client will provide a. Field office, furniture, 4 drawer filing cabinet, office telephones, restroom facilities, other office equipment and all necessary utilities as needed. b. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. 3. Items Consultant will provide a. Two computers (with Office 2007) with "Air Cards" to provide internet access. b. Printer/Fax/Scanner for use by field representatives. c. Cellular phones with data package. d. Cameras: Digital with memory card. 4. Items to be provided by Others a. US Army Corps of Engineers to provide Engineer of Record as needed for design changes and clarifications. 5. Scope a. The property owner and general contractor (Segale Properties) will be responsible for retaining the services of sub-contractors, and for tracking payment to the sub-contractors. The Consultant will not provide measurement and payment information, but will generally track production of the work. b. Consultant will provide inspection services for the days/hours that Field Representative staff is/are on-site. The Field Representative(s) will not be able to observe or report construction activities, or collect documentation, during the time he/she is not on-site. c. Definitions and Roles. The use of the term "inspect" is synonymous with "construction observation:, and referenc'e to the "Inspector" role is synonymous with "Field Representative", and means: performing on-site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the Client if, in their opinion, Work does not conform to the Contract Documents or requires special inspection or testing. Where "Specialty Inspector" or "specialty inspection" is used, it refers to the detailed inspection and sign-off required by codes and regulations, such as electrical or welding inspection. d. Notwithstanding the statements in the Corps Quality Control/Quality Assurance plan, the Consultant will monitor the construction contractor's activities, and 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 Client, 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 any other entity than its own failure to perform its work in accordance with laws, contracts, regulations, or Client's expectations. e. Review of Shop Drawings and other Contractor submittals is not intended as an approval of the submittals if they deviate from the Contract Documents or contain errors, omissions and inconsistencies, nor is it intended to relieve the Contractor of their full responsibility for Contract performance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and/or omissions between the submittals and the Contract P:\PROJECTSIA- DR Projecls\08-DR02 (205 Levee Repair)\Construclion Phase\8efore Conslruction\KBA's Contract SupplementIRevised KBAs PM & Inspection Service Scope for Sup #5, 7-7-08.ck>c 4 of 5 KBA, Inc. June 17, 2008 requirements. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights, or gauges, fabrication processes, construction means or methods, or coordination of the work with other trades, all of which are the sole responsibility of the construction contractor. Review of a specific item will not indicate that the Consultant has reviewed the entire assembly of which the item is a component. However, the Consultant has the responsibility to notify the City and the Contractor of the incomplete submittals, if the entire materials were already installed in the project site. f. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. g. Consultant is not responsible for any costs, claims, or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. II. OPTIONAL SERVICES The services described below, and any other major Extra Work requested by the Client, will be performed only when authorized by the Client. Authorization to perform major Extra Work will be in the form of a mutually negotiated Supplement to this Agreement, specifying the scope of services and budget. A. One-time control and construction staking, and any re-staking needed as design changes or stakes or monuments are interfered with by Contractor. B. Public Involvement support. 1. Coordinate media releases and traffic advisory updates. 2. Develop and maintain Project website, updating project progress monthly. C. Provide administrative and support services during construction which are not included in the above scope of services, which may include: 1. Investigations, meetings, and negotiations with the Contractor involving claims and legal' complaints, or a significant amount of defective or rejected work. A "significant amounf' would be an item that might represent more than 2.5 percent of the total contract bid amount. 2. Additional work resulting from delinquency or insolvency of the Contractor; or as a result of damage to the construction Project caused by fire, flood, earthquake or other acts of God, all exclusive of additional work resulting from litigation. 3. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions or work required to resolve disputes or goals involving minorities. Additional work resulting from significant delays or acceleration of the work by the Contractor. 4. Assistance to legal, financial, or other consultants engaged by the Client beyond the services previously described. 5. Additional services resulting from changes in scope or design of the Project due to circumstances beyond the Consultant's control. Changes include, but are not limited to, changes in size, complexity, the schedule, character of construction, or method of financing. D. Provide record drawings. P:\PROJECTSIA- DR Projecls\08-0R02 (205 Levee Repair)\Construction PhaseIBefore ConstruclionlKBA's Contract SupplemenllRevised KBAs PM & Inspection Service Scope for Sup #5, 7-7-08.doc 5 of 5 KBA, Inc. June 17, 2008 EXHIBIT A-5 SCOPE OF SERVICES Construction l'v'lanagement Services for Tukwila 205 Levee Concrete Retaining Wall Contract No. 06-045 - Task Order 5 KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Tukwila (Client) for the Project known as Tukwila 205 Levee Concrete Retaining Wall. These services will include consultation, contract administration, field observation, documentation, material testing, and other tasks as required during the construction of the Project. Services will be in accordance with the project specifications finalized by the US Army Corps of Engineers, 2007 King County Road Standards, and 2008 WSDOT I APWA Standard Specifications for Road, Bridge, and Municipal Construction. This project includes the construction of 850 LF of cement concrete retaining wall as shown in the project plans. Others will perform construction of the levee widening. This project is funded by a private property owner, Mario Segale, who will be the contractor. The Consultant will provide oversight as outlined in the Quality Control/Quality Assurance Plan, the Project Plans and other Project Specifications, prepared by the U.S. Army Corps of Engineers (Corps). The plans and specifications have been prepared by the Corps. Survey and materials testing will be provided by the Contractor. The Consultant will retain the services of a materials testing firm to provide quality assurance testing, as detailed below. Construction Services will be provided in 2 phases. . Phase 1: Will include Project Management, Preconstruction Services, and Construction Services (Contract Administration & Field) up to the initial budget limits. . Phase 2: Will include Project Management and Construction Services (Contract Administration & Field) for the remainder of the Project, and will be authorized under a separate task order. I. PHASE 1 - PRECONSTRUCTION & INITIAL CONSTRUCTION MANAGEMENT SERVICES Phase 1 consultant service was executed through Supplemental Agreement Number 4. II. PHASE 2 - CONSTRUCTION MANAGEMENT SERVICES A. Project Management 1. Provide overall project management, coordination with the Client, monthly progress reports, invoicing of the Consultant's services, and all other necessary tasks requested by City of Tukwila. This effort will include the following elements. a. Day-to-day project management: liaison with Client on a regular basis to discuss Project issues and status. b. Manage subconsultants and Consultant's staff. Organize and layout work for Project staff. Prepare project instructions on contract administration procedures to be used during construction. c. Review monthly expenditures, and prepare and submit invoices and Project progress letter reports to Client. B. Preconstruction Services 1. None provided - see Phase 1. P:\PROJECTSIA- DR Projec!s\08-llR02 (205 Levee Repair)\Cons!nJction Phase\Before Construction\K8A's Contract SupplementlRevised KBAs PM & Inspection Service Scope for Sup #5, 7-7-08.doc 1 of 5 ILO HOOKY PAspeped on n/17100 Schedule Tolle TOM!. Co AYINagn 0101.0001 Project Name: Tukwila 205 Concrete Retaining Wall Phase 2 Budget Proposal KBA Project No. 06009 Il 11 '0 Juno July Aug Soul Oct T Nov I lel 20 2008 2008 2000 2008 2000 2000 I 2O II 01INuAng 100211 eisivgaY.., ,,o0,4 HOury nal dovri.15 108 188 ITO ,d 100 101 144 2040 000211200% Sit2.N4'iL'.. ith5Q.:.id2;44:::11?.1,1ELICVIRIt14: 1720 :4:12:111P2 WA 11ounil 20 20 Cl 20 20 20 14 2020 Tot, Ileurol N II 100 100 107 100 MS 204 be I 22410 I IlecalatIon 124, Employee Moe Projnal 004414 710e 0 1 4 urs 200 2000 04001042110 Projecl Menapor 7001 Gang Rue den1 En010nor AnOlony 000 2n10010 11000400021 2000 fled 0220. 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Z':,...1:.7,1,Q....:2...i:,a,: i,..z .,,,i:i. a'....:2,1;L:!.....:L!:: :',1, e.snfr:l.,`.);a1 Subconeogen1No un %lel by June 12 2 Aug Noll Col NOY I TOW .0 iverk MA 2008 2000 8 0011 2000 2000 1020ng lAntedele Te4tIng 7 10,1400011 2 1t1000 00 2 200 2 MD 10.000 00 5 5 0 I I ,Qqp,N s 6 76 1. 001004 on 024 4.0% A 400,00 0 00000 2 40000 4 0124121/ ;414020t 8iLte5140124,n14 2Kibia June July Aug 0081 Ocl ACC Employee Name ProleCt SOedle 711Ie 2 0 00 /11, C01:1 1 11 2000 2000 2008 2000 tom 2008 2000 I 7:11 010110405 Cola Ovoihead 00 120 55% IT $4,.. i 4 0 14 7 001 Ina IS% 1 1,J12 k tabu T00 41, llen10 '!rt', 6. 02001021, No Markup Subconeu441 p ri 4 .2.-WL 1 r 1 X Mud Ihnagament Remus 3, 410, 101,1 boUrnalgul COM. ivt+XtrttkvatfaxotagtratAStett7tV,XXIdAttet■itlq0..7.08-Phiky0:90;bantilkegAtV,V,V.AIRYPtiltittPt.M.h.ttiVA*59,2ey2 Clron.21/0•0004,411eelmel MIAs Fue Schedule ler Sup 25. 7.0.00.4141ludgel Ilmin 2 Exhibit EI-S igupaysil by KM