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HomeMy WebLinkAboutR-2019-037 Construction Management Services Contract with KBA, Inc.RESOLUTION NO. R-2019-037 A RESOLUTION ratifying the City Manager's execution of a Professional Services Contract with KBA, Inc. for Construction Management Services for Phase 1 of the N. 1st Street Revitalization Project. WHEREAS, Phase 1 of the North 1st Street Revitalization Project was scheduled to begin on March 18, 2019, and it was required that an agreement be in place prior to the start of the project with a consulting engineering firm to provide the dedicated construction management and inspection duties required of this important project since the City does not have the capacity to provide this vital supervision; and WHEREAS, since Phase 1 is primarily funded with a Surface Transportation Program (STP) federal grant, the City was required to adhere to all federal guidelines and regulations; and WHEREAS, the City followed the federal consultant selection procedure and utilized the Municipal Research and Service Center's (MRSC) roster in selecting qualified engineering firms that had the required experience; and WHEREAS, the City interviewed three qualified engineering firms; selecting KBA, Inc.; and WHEREAS, the agreement with KBA, Inc. outlines the obligations in providing the construction management and inspection services for Phase 1 of the North 1st Street Revitalization Project in the amount not to exceed $600,000; and WHEREAS, due to the project start date, and the fact that the agreement was not finalized in time to get it in front of the City Council before the start date of the project, it became necessary for the City Manager to execute this agreement prior to the next available City Council meeting to avoid any delays; and WHEREAS, the Yakima City Council has determined that revitalization of the North First Street Corridor is a Strategic Priority; and WHEREAS, the City Council of the City of Yakima finds it was in the best interest of the residents and the City to start the project on time, which required execution of the agreement with KBA, Inc. prior to a City Council meeting, and that ratification of this agreement is in the best interest of the City; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager's execution of the Professional Services Agreement with KBA, Inc. attached hereto and incorporated herein by this reference not to exceed Six Hundred Thousand dollars ($600,000) to provide Construction Management Services for Phase 1 of the North 1st Street Revitalization Project is ratified by City Council. ADOPTED BY THE CITY COUNCIL this 2nd day of April, 2019. yor ATTEST: Sonya C r Tee, City Clerk For City of Yakima Use Only: Contract No. Project No. Resolution No. SOQ No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND KBA, Inc. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of ,f 2019, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98908, (hereinafter referred to as "CITY"), and KBA, Inc. with its principal office at 11201 SE 8th Street, Suite 160, Bellevue, WA 98004 (hereinafter referred to as "CONSULTANT"); said corporation being licensed and registered to do business in the State of Washington, and will provide Construction Management services under this Agreement for the North 15t Street Revitalization — SR 12 to "N" Street project on behalf of the City of Yakima, Project No. LI , herein referred to as the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the CONSULTANT to provide Construction Management services for construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and CONSULTANT agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.0.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of CONSULTANT shall not be construed to exceed those services specifically set forth herein. 2.0.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign, K. Wendell Adams as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled "Scope of Services" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.2 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by CONSULTANT can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the CONSULTANT to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the CONSULTANT perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." Page 1 o 2.21 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost of, or time required for, performance of any services under this Aomnment, a contract price and/or completion time adjustment pursuant to this Agreement shall be negotiated, and this Agreement shall be modified in writing and accepted by the parties hereto. 2�.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the CONSULTANT according tnthe provisions set forth in Exhibit B. attached henaUn and incorporated herein by this roforenoe, and if so authohzed, shall be considered part cdthe PROJECT WORK. The CONSULTANT shall not perform any Additional Qen/inea until so authorized by CITY and agreed to by the CONSULTANT in SECTION 3 CITY'S RESPONSIBILITIES 31 CITY -FURNISHED DATA: The CITY will provide to the CONSULTANT all b»ohnimd data in the C|TY'S possession relating to the CONSULTANTS oanvioao on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency. 3.2 ACCESS TO FACILITIES AND PROPERTY The CITY will make its facilities reasonably accessible to CONSULTANT as required for CONSULTANT'S performance of its services and will provide labor and safety equipment as reasonably required by CONSULTANT for such access. 3.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S utudiea, vepodo, oke1chea, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance oounam|nr, anoounhant, auditor, bond and financial advioom, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in aUme|y manner. Such examinations and deoiniona, howaver, shall not relieve the CONSULTANT nfany contractual obligations nor of its duty to render professional aen/ioea meeting the standards of care applicable to its profession. 3.4 CITY shall appoint aCITY'S Representative with respect to WORK to be performed under this Agreement. C|TY'S Representative shall have complete authority to transmit instructions and receive information. CONSULTANT shall be entitled to reasonably rely on such instructions made by the C|TY'G Representative unless otherwise directed in writing by the CITY, but CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the CONSULTANT believes are inadequado, inonmp|eto, or inaccurate based upon the CONSULTANT'S knowledge. 3.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of its professional duties and obligations under this Agreement oro1law. The CONSULTANT shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and noporte, but shall be responsible for exercising customary professional cave in using and reviewing such documents, services, and reports and drawing conclusions from them. SECTION AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this Aoraemart. CITY grants CONSULTANT specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION COMPENSATION 61 COMPENSATION ONATIME SPENT BASIS ATSPECIFIC HOURLY RATES: For the services described in Exhibit A. compensation shall be according to the Exhibit B - Cost Estimate, attached hereto and incorporated herein by this refan*nue, on a time spent basis plus 7 511 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those coats incurred on or directly for the PROJECT inn|uding, but not limited to, necessary transportation 000ts, including current rates for CONSULTANT'S vehicles; meals and lodging; laboratory tests and analyses; phnUng, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY - requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges, and on the basis of current rates when furnished by CONSULTANT. Estimated Direct Non -Salary Expenses are shown in ExhibitB. 611.1 Travel couts, including tranapodaUon, lodong, subaistenoe, and incidental expenses incurred by employees of the CONSULTANT and each of the 8uboonou|tantninconnection with PROJECT WORK; provided, aafollows: ° That amaximum ofU.G.INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the openodnn, maintenanoe, and depreciation ooa1e of company or individually owned vehicles for that portion of time they are used for PROJECT WORK. C(]NSULTANT, whenever possible, will use the least expensive form ofground transportation. ^ That reimbursement for meals inclusive of tips shall not oxoaad the maximum amount allowed for Yakima County by the General Gen/ioao Administration (GSA). This rate may beadjusted onmyearly basis. ° That accommodation for hotel/motel shall not exceed the maximum amount a||ovvad for Yakima County by the GSA. This rate may be adjusted onayearly basis. + That air travel shall be by coach o|ana, and shall be used only when absolutely necessary. 5.1-2 Telephone charges, computer charges, in-house reproduction chergem, first class postage. and FAX charges are not included in the direct expense nosts, but are considered included inthe Schedule cfSpecific Hourly Billing Rates. 5.1.3 Professional 8uboonaultants. Professional Suboonaulten1a are those costs for engineehng, ouchheotuna, geobaohnical services and similar professional services approved by the CITY. Reimbursement for Professional Subcnneu|tentuvvi|| be on the basis of actual costs billed for services provided to the CITY through this Agreement. Estimated Gubooneu|tantcosts are shown inExhibit B. 5.2 Unless ly authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed Six Hundred Thousand Dollars ($600,000.00). The CONSULTANT shall make all reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The CONSULTANT is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the CONSULTANT beyond these limits. When any budged has been increased, the CONSULTANT'S exoaoo coats expended prior to such inonaoae will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. 6.3 The CONSULTANT shall submit to theCdy's Representative aninvoice each month for payment for PROJECT services completed through the accounting nut -off day of the previous month. Such invoices ohoU be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The CONSULTANT shall submit with each invoice a summary oftime expended on the PROJECT for the current billing period, copies ofouboonou|tant invoioeo, and any other supporting materials and details determined necessary bythe City tosubstantiate the costs incurred. CITY will pay such invoices within thirty /30\ days of receipt and upon approval ofthe WORK done and amount bi||ed, nr3O days from the date the grant money is received for this proieot, whichever is |u1ar. CITY will notify the CONSULTANT within 8 working days if any problems are noted with the invoice. CITY may question any item in an invoice, noting to CONSULTANT the questionable item(s) and 8 withholding payment for such item(s). The CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional supporting information requested. 5.4 If payment is not made within thirty (30) days following receipt of approved invoices (or receipt of grant funding, whichever is later), interest on the unpaid balance shall accrue beginning with the thirty-first (31si) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less; provided, however, that no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice of dispute is issued in good faith by the CITY to the CONSULTANT pursuant to the terms of RCW 39.76.020(4). 5.5 Final payment of any balance due the CONSULTANT for PROJECT services will be made within forty-five (45) days after satisfactory completion of the services required by this Agreement as evidenced by CITY's written acceptance and after such audit or verification as CITY may deem necessary, together with CONSULTANT's execution and delivery of a release of all known payment claims against CITY arising under or by virtue of this Agreement, other than such payment claims, if any, as may be specifically exempted by the CONSULTANT from the operation of the release in stated amounts to be set forth therein. 5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY of any claims, right, or remedy it may have against the CONSULTANT under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault of the CONSULTANT to satisfactorily perform the PROJECT WORK as required under this Agreement. SECTION 6 RESPONSIBILITY OF CONSULTANT 6.1 The CONSULTANT shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, designs, drawings, specifications, reports, and other services furnished by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The CONSULTANT shall perform its WORK according to generally accepted standards of care by members of the same profession currently practicing under similar circumstances, in the same geographical area and time period, and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. 6.3 In performing WORK and services hereunder, the CONSULTANT and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The CONSULTANT shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and shall not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The CONSULTANT shall be solely responsible for any claims for wages or compensation by CONSULTANT's employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: (a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its elected and appointed officials, agents, officers, employees and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorneys fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, Page 4 n damage or destruction to any person or any property to the enbart caused by any negligent aot, anUon, dehuult, error, omission or willful misconduct arising out of the CCJNGULTANT's performance under this Agreement. In the event that any lien is placed upon the City'sproperty nrany ofthe City'oofficers, emp|oye000raganLeae o result of the negligence or vvi||fu| misconduct of the CONSULTANT, the CONSULTANT shall a1once cause the same tn be dissolved and discharged by giving bond nrother necessary satisfaction. (b) CITY agrees toindemnify and hold the CONSULTANT harmless from loss, cost, m expense of any kind claimed by third parties, including without limitation such |oss, ooet, or expense nuau|Ung from injuries to persons ordamages tn pnopedy, oeuead an(a|y by the negligence or willful misconduct ofthe C|TY, its emnp|oyeea, or agents in connection with the PROJECT. k� If the negligence or willful misconduct of both the CONSULTANT and the CITY (xa person identified above for whom each is liable) is acauae ofsuch third party claim, the |oao, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion 10their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. k8 Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.5 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly or indirectly employed bvany ofthem, or anyone for whose oota any of them may be |iab|n, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the CONSULTANT or subcontractor under workers' orworkmone' compensation aots, disability benefit ecta, or other employee benefit onto. The CONSULTANT specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCVV. Such waiver has been mutually negotiated bythe CONSULTANT and the CITY. 6.6 It is understood that any resident engineering or inspection provided by CONSULTANT is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee orinsurance with respect tnthe performance of contractor. CONSULTANT does not assume responsibility for methods or appliances used by contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws and regulations. CITY shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name CITY, the C|TY'e and the CONGULTANT'a nffioero, principa|o, amnp|oyeao, agenta, ropreoentetivao, and engineers as additional insureds on contractor's insurance policies covering PRCQECT, exclusive of insurance for CONSULTANT professional liability. 87 SUBSURFACE INVESTIGATIONS: In aui|a, foundadnn, groundwater, and other subsurface invoaUgaUona, the actual characteristics may vary significantly between successive test points and sample inban/a|o and at locations other than vvheno obaonoaion, exp|nration, and investigations have been made. Because nfthe inherent uncertainties insubsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the CONSULTANT. SECTION PROJECT SCHEDULE AND BUDGET 71 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attached Exhibits. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the CONSULTANT within fifteen (15)days after execution ofthis Agreement. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks and the completion date for the entire PROJECT shall not be ex1anded, nor the budget increased because of any unwarranted delays attributable to the CONSULTANT, but may be extended or increased by the CITY in the event of a delay caused by 10 special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the CONSULTANT which could not bmreasonably anticipated oravoided. 7.2 The CONSULTANT shall submit Urthe CD-Y1S Representative oConstruoUon Progress Report no later than the tenth (10�h) day of each calendar month during the performance of the SECTION REUSE OF DOCUMENTS 81 All internal WORK products of the CONSULTANT are instruments or oanvioea of this PROJECT. There shall be no rouoe, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the CONSULTANT, which ahoU not be unreasonably withheld and will be at the C|TY'a sole risk. The CITY eQneea to indemnify the CONSULTANT and its officers, emp|oyeeo, ouboontroutorn, and affiliated corporations from all u|oima. damages, |oaoea, and costs including, but not limited to, litigation expenses and attorney'afaae arising out of or related to such unauthorized reuse, change, or alteration; pnuvidod, hovvmvor, that the CONSULTANT will not be indemnified for such claims, damages, |oeaee, and noo\a including, without limitation, litigation expenses and attorney fees if they were caused by the CONSULTANT'e own negligent acts or omissions. 8.2 The CONSULTANT agrees that any and all p|ana, drawings, designs, specifications, computer pnognamo, tnohnkm| repnrto, operating manuodo, calcu|aUono, noteo, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be owned by and vested in the 8.3 All rights to patento, trademarko, copyrights, and trade secrets owned by CONSULTANT (hereinafter "Intellectual Property") as well as any mndifioeUono, updates orenhancements bo said Intellectual Property during the performance of the WORK remain the property of CONSULTANT, and CONSULTANT does not grant CITY any right or license to such Intellectual Property. SECTION AUDIT AND ACCESS TO RECORDS 91 The CONSULTANT, including dooubcnnauKonts. shall maintain bnoho, renondo, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and preoivao consistently applied. The C|TY, or the C|TY'a duly authorized vepnaoen1a1iwa, shall have aoueaa to such booko, neoonda, dnoumento, and other evidence for inapeoUon, audit, and copying for period of three years after completion of the PROJECT. The CITY shall also have eoneoa to such booko, oeoovdo, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY, tnverify the CONSULTANT'aWORK and invoices and/or tocomply with the Public Records Act, RCVV42.56. 0.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 9.3 The CONSULTANT agrees tothe disclosure ofall information and nopndo resulting from access Uorecords pursuant to this section provided that the CONSULTANT is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation onthe pertinent portions ofthe draft audit report and that the final audit report will include CONGULTANT'awritten comments, ifany. 9.4 The CONSULTANT shall ensure that the foregoingparagraphs are included ineach subcontract for WORK on the Project. 8.5 Any charges of the CONSULTANT paid by the CITY which are hound by an audit to be 11 SECTON1O INSURANCE 101 At all times during performance of the WORK, CONSULTANT shall secure and maintain in effect insurance to protect the CITY and the CONSULTANT from and against all claims, damages, |omoea, and expenses arising out of or resulting from the performance of this Agreement. CONSULTANT shall provide and maintain in force insurance in limits no less than those stated be|ow, as applicable. The CITY naeenvea the right to require higher limits should it deem it necessary inthe best interest cf the public. |fCONSULTANT carries higher coverage limits than the limits stated be|ow, such higher limits shall be shown on the Certificate of Insurance and Endorsements and CONSULTANT shall be named as an additional insured for such higher limits. 101.1 Commercial General Liability Insurance. Before this Agreement is fully executed by the padiea. CONSULTANT shall provide the CITY with auertificate of insurance on proof of commercial liability insurance and commercial umbrella liability insurance with otota| liability limit ofthe limits required in the po|icy, subject to minimum limits of Two Million Dn|mra (G2.000.000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2.000.000.00) general aggregate. The certificate shall d*ody state who the provider is, the coverage amnurt, the policy number, and when the policy and provisions provided are ineffect. Said policy shall ba ineffect for the duration ofthis Agreement. The policy shall name the CITY, its elected and appointed officia|o, officem, agento, emp|oyooa, and volunteers as additional insureds. The insured shall not cancel the insurance coverage in this amount without first giving the CITY five (5) calendar days prior written notice. The insurance shall be with an insurance company orcompanies ratadA'V|| orhigher in Beot'a Guide and admitted in the State of Washington. 101.2. Commercial Automobile Liability Insurance. a. If CONSULTANT owns any vehicles, before this Agreement is fully executed by the partieo. CONSULTANT shall provide the CITY with acedifioute of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the po|ioy, subject to minimum limits of Two K8i||inn Ou||ane ($2.000.000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to"Any Auto" and beshown mnthe certificate. b. K CONSULTANT does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Aonnament, which is Section 10.1.1 entitled "Commercial General Liability Insurance". C. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required oodiUoe1e of insurance ahoU clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy eho|| name the C|TY, its a|aotad and appointed ufficia|a, offioero, agents, employees, and volunteers as additional insureds. The insured shall not cancel the insurance coverage inthis amount without first giving the CITY five (5)calendar days prior written nndoo. The insurance shall bmwith aninsurance company nrcompanies rated A'V||or higher inBestoGuide and admitted inthe State ofWashington. 10.1.8. Statutory workers' compensation and employer's liability insurance as required by state 10J4. Professional Liability Coverage. Before this Contract ksfully executed bythe parties, CONSULTANT ahoU provide the City with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2.000.000.00) per n|ainn. and Two Million Dollars ($2'000.000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and 12 Contract. The insured shall not cancel the insurance coverage in this amount without first giving the CITY five (5) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A'VU or higher in 8eet'o Guide. It the policy is written on a n|oimo noodo basis the coverage will continue in force for an additional two years after the completion of this contract. Failure of either or all of the additional insureds to report a claim under such insurance aho!| not prejudice the rights of the C|TY, its elected and appointed offinia|a, officers, employees, agents, and representatives there under. The CITY and the C|TY'selected and appointed offioia|o, officers, principals, emp|oyeee, napneaentativaa, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. SECTION11 SUBCONTRACTS 111 CONSULTANT shall be entitlad, to the extent determined appropriate by CONSULTANT, to subcontract any portion of the WORK to be performed under this Agreement. 11.2 Any subconsultants or subcontractors to the CONSULTANT utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval ahn]| not be unreasonably withheld. Each subcontract shall be subject to review by the C|TY'a Repreaentadive, if naquneted, prior to the eubonnau|tant or subcontractor proceeding with the WORK. Such review shall not constitute an approval oatnthe legal form orcontent ofsuch subcontract. The CONSULTANT mho|| be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. 11.3 CITY does not anticipate CONSULTANT subcontracting with any additional persons or firms for the purpose of completing this Agreement. 11.4 The CONSULTANT shall submit, along with its monthly invoicen, a description of all VV[%RK completed byeuboonaultanta and subcontractors during the preceding month and copies of all invoices thereto. SECTION 12 ASSIGNMENT 121 This Agreement is binding on the heina, euooeaeona and assigns of the parties hereto. This Agreement may not be assigned by CITY or CONSULTANT without prior written consent of the other, which consent will not be unreasonably withheld. |tieexpressly intended and agreed that no third party beneficiaries are created by this Aoreement, and that the rights and nnmadiaa provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 13 INTEGRATION 13.1 This Agreement represents the entire understanding nfCITY and CONSULTANT aetothose matters contained herein. No prior oral or written understanding shall be nfany force or effect with respect 0nthose maUero covered herein. This Agreement may not be modified or altered except inwriting signed byboth parties. SECTION 14 JURISDICTION AND VENUE 141 This Agreement shall baadministered and interpreted under the laws of the State ofWashington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. |fany part of this Agreement iofound hoconflict with applicable |mwo, such part shall be inoperative, nuU, and void insofar as it ounOiuta with said |awn, but the remainder ofthis Aonoamord eho|| be in full force and effect. Venue for all disputes arising under this Agreement shall lie in a court of competent jurisdiction in Yakima County, Washington. SECTION15 EQUAL EMPLOYMENT and NONDISCRIMINATION 151 During the performance of this Agreement, CONSULTANT and CC}N8ULTANT'a auboonoukan1n 13 law or regulation on the basis of age, aex, raom, creed, ndigion, nnlor, national ohgin, marital ntatuo, dieabi|hx, honorably discharged veteran ormilitary status, pvegnancy, sexual uhentadon, and any other classification protected under fedena|, state, or local law. This provision shall include but not be limited to the following: emp|nymen1, upgruding, dmmctiun, tnunafer, recruitment, advertising, layoff or tenninsdion, rates of pay or other forms of compenoatinn, selection for training, and the provision of services under this Agreement. CONSULTANT agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION 18 SUSPENSION OF WORK 161 CITY may suspend,inwriting bvcertified mail, all nraportion ofthe WORK under this Agreement if unforeseen circumstances beyond C|TY'a control are interfering with normal pngn000 of the WORK. CONSULTANT may suspend, in writing by certified mai|, all or portion of the WORK under this Agreement if unforeseen circumstances beyond CC)NGULTANT'o control are interfering with normal progress of the WORK. CONSULTANT may suspend VV[)RK on the PROJECT in the event CITY does not pay invoices when duo, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days VVC>RK is suspended. If the period of suspension exceeds ninety (QO) daya, the terms of this Agreement are subject to nanegoUatimn, and both parties are granted the option to terminate WORK onthe suspended portion ofProject inaccondanoawithGECT|DN17. SECTION17 TERMINATION OF WORK 171 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1)not less than fifteen (15) calendar days written notice delivered by certified mai|, return receipt raquaoted, of intent to terminate; and (2) an opportunity for consultation and for ouny with the terminating party before termination. Notice shall be considered issued within seventy-two /72\ hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 17.2 In addition to termination under subsection 171 of this SaoUon. CITY may terminate this Agreement for its convenience, inwhole wrin part, provided the CONSULTANT iegiven: (1) not |eea than fifteen (15) calendar days written notice delivered by certified mail, return receipt noquaaLad, of intent to terminate; and (2) an opportunity for consultation with CITY before the effective termination date. 178 K CITY terminates for default on the part of the CONSULTANT, an eduoUnerd in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services orother WORK, and (2) any payment due to the CONSULTANT at the time of termination may be adjusted to the extent of any additional costs or damages CITY has inournad, or is likely to incur, because of the CONSULTANT'S breach. In such event. CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of terminoUon, whether that WORK is in aform orofotype which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. |nthe event ofdefault, the CONSULTANT agrees tupay CITY for any and all damugee, 000ta, and expenses whether directly, indine(t|y, orconsequentially caused by said default. This provision shall not preclude CITY from filing o|eimm and/or commencing litigation to aeuuna compensation for damages incurred beyond that covered by contract reteinoge orother withheld payments. 17.4 If the CONSULTANT terminates for default on the pad of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement ahoU include payment for services aa1iahzotoh|y performed to the deba of termination, in addition to termination settlement costs the CONSULTANT reasonably incurs relating tocommitments which had become firm before the termination, unless CITY determines toassume said commitments. 175 Upon receipt ofatermination notice under subsections 171 or 17.2 above. the CONSULTANT 14 deliver or otherwise make exe|ab|e to CITY all originals of data, drawings, specifications, mdcu|obone' nepnrte, nohma1ae, nummmhan, and such other infnnnaUnn, doouments, and mab»ho|s as the CONSULTANT or its uubconau|bsntn may have accumulated or prepared in performing this Agreem*nt, whether completed or in pnognaea, with the CONSULTANT retaining copies wfthe same. 17.8 Upon termination under any subparagraphabove, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall have noresponsibility toprosecute further WORK thereon. 177 If, after termination for failure of the CONSULTANT to fulfill contractual ob|igadona, it is determined that the CONSULTANT has not sofailed, the termination ahnU be deemed to have been effected for the convenience of CITY. In such avant, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 17.4 of this Section. 17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed bvthe CONSULTANT inPROJECT WORK orfor any corporate officer of the CONSULTANT to render his services hothe PROJECT. the CONSULTANT aho|| not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 17.3 of this Section. SECTION1Q DISPUTE RESOLUTION 18.1 In the event that any dispute shall arise aotothe interpretation orperformance ofthis Agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contraot, and if the parties hereto cannot mutually settle such ddferencoe, then the parties shall first pursue mediation as a means to naeo|va the dispute. If neither of the afore mentioned methods are successful then any dispute relating to this Agreement shall be decided in the courts ofYakima County, in accordance with SECTION 14. If both parties consent in wriUng, other available means ofdispute resolution may baimplemented. SECTION1B NOTICE 19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall baconsidered issued and effective upon receipt thereof by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever ioearlier. CITY: City of Yakima 129N.2"uStreet Yakima, WAU89O Attn: Bob DeugnooaUier.Sr. Engineer CONSULTANT: KBA.|nn. 112U1GE8mStreet, Suite 180 Bellevue, VVA&8084 Attn: Deborah Ottum. CPCK8 [SIGNATURE PAGE BEGINS ONFOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective, authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA Cli Moore Printed Name:. Title: City Manager Date Jerk TRACT NO' °LOTI3 Nei. e KBA, INC. Printed Name: Title: Pate: Page 11 16 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Cliff Moore is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signatur rile My commission expires: Page 12 17 STATE OF WASHINGTON COUNTY OF h �� )ss. I certify that I know or have satisfactory evidence that appeared before me, and said person acknowledged at lsh- was authoriz d to execute the of AM-.. for the uses and purposes mentioned in the instrument V\5� is the person who that he/she signed this instrument, on oath stated instrument, and acknowledged it as the to be the free and voluntary act of such party Dated: Seal or Stamp Printed Name My commission expires: Page 13 KBA, Inc. 18 March7, 2018 EXHIBIT A SCOPE OF SERVICES ManagementConstruction Services for North 1st Street Rewitalioation—SR 12Nm'N'Street KBA.|no.(Consultant) will provide Construction Management (CM) services to City of Yakima (Agency), for the Project knmwnaaA&»rth1st Street Revitalization —SRt2bm'N'Streei These services will include consultation, contract administration, field observation, documentation, and material testing, as required during the construction ofthe Project, aadotai|edbe|ow. Project Description: The project consists ofreconstructing the existing roadway and the work includes roadway excavation, HMA, curb, gutter and sidewalk, stormwater collection/treatment/conveyance, grading, water and sanitary sewer mainline vep|aoement, aigning, athping, illumination, irrigation, landscaping and other work. The Designer ofRecord onthis project ioPBS(Oeaigneh. 1. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract and Team Management. Provide overall dav-tn-doymanagement of the consultant contract and team, including: 1. Decide on best modes and frequency of communication with Agency and Designer. Liaison and coordinate with Agency onaregular basis todiscuss Project iooueoondotatue. 2. Manage Consultant Team, comprised of Consultant's staff and subconsultant. Organize and layout work for Consultant Team. 3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to Agency monthly, an invoice and progress report describing Consultant Team services provided that month. Prepare and submit reporting required byfunding snuncn(a).ifany. Deliverables 0 Monthly invoices and progress reports B. Preconstruction Services 1. Review Contract Documents tofamiliarize team with Project requirements. 2. Provide one set of preconstruction photographs and video. Defiverables 0 Preconstruction photos, digital files on electronic storage medium C'Construction Phase Servioes—Contract Administration 1. Liaison with the Agency, construction contractor, Designer, appropriate agencies, property owners, and utilities. 2. Provide the Agency with brief monthly construction progress reports, highlighting progress and advising of issues which are likely to impact cost, schedule, or quality/scope. 8. Schedule Review: a. Review construction contractor's schedules for compliance with Contract Documents. b. Monitor the construction contractor's conformance to schedule and require revised schedules when needed. Advise Agency ofschedule changes. 1*23-01-Yakima'No �h-/m-StrootmaftsaNegotiationReco"ds\1 n-h A-A-Scopo-v5-PSA-201 1of0 4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including Agency po+bhafing. Prepare weekly meeting agenda and meeting notes, and distribute copies hoattendees. Track outstanding issues onaweekly basis. 6. Manage Submittal Process. Track and review, orcause hubereviewed byother appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents. 6. Record ofMaterials. Maintain provided Record ofMaterials indicating anticipated material appnova|a, material compliance duuum*nta1iun, and materials testing requirements. Maintain records of material compliance documentation received and advise of any known deficiencies. 7. Prepare weekly statement of working days and distribute to the Agency and Contractor. 8. Manage RF|(Request for Information) process. Track and revew/eva|uate.orcause tobe reviewed/evaluated byother appropriate party, RF|o. Manage responses hoRF|e. R. Change Management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution ofchange orders. 10. Monthly Pay Requests. Prepare monthly requests for payment and/or review payment requests submitted bythe construction contractor. Review with Agency and construction contractor, and recommend approval, eeappropriate. 11. Evaluate construction contractor's Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 12. Notify construction contractor ofnoncompliance. 13. Prevailing Wage Monitoring: a. Monitor Payroll Compliance. Review Statements ofIntent toPay Prevailing Wage against the Contract Document requirements. Collect, record, and check weekly certified payrolls and conduct on -site wage interviews, both at a frequency documented in accordance with Agency guidelines. 14.Aaeiet the Agency in the investigation of malfunctions or failures during construction. 15. Public Information. Provide information for Agency tu prepare media communications and public notices on Project status. Provide information for Agency's inclusion into a Project webai1eand/or newsletters, ifrequested. 1G.Record Drawings. Review not less than monthly, the construction contractor's redline set of contract plans. Maintain oCyWTeam set ofconformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by the CM team. Use these markups to check the progress of the Contractor -prepared Record Drawings. 17.Document Control. Establish and maintain document filing and tracking systems, following Agency guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation onthe Project. a. One hard copy uffiles will bekept inthe Project fie|doffine b. Electronic documentation will be stored in a Project Website, using SharePnintoohwana. managed and hosted bythe Consultant. c. The Project SharePoint site will transition to "read-only" access upon expiration of the Agreement, orupon project oomp|ebnnandtnansfnroffina|nacorda.vvhioheveroocuro UnaL Transference of final records will include adigita| copy ofthe files stored in the Project SharePoint site. Access to 8hevePointvvi|| expire following that date. SAP 1+`23-01Yakima-North-,*-Stre°mDr"ftsuweg"ationoee"mm"o"="m° /9*3D7.d"cx 2cf0 KBA.|nn` 18. Project Closeout. Prepare Certificates nfSubstantial (including punch |iod.Physical, and Final Completion for Agency approval and signature. Prepare final pay estimate for Agency approval and processing. 10.Final Records. Compile and convey final Project nauonda.1ranafening1otheAgenoyhor archiving cdfinal acceptance ofthe Project. Records will consist ofhard copy originals and electronic records on electronic storage medium. Defiveoob6ee - • Monthly Construction Progress Reports w Schedule Review Comments ° Meeting Agendas and Notes � Submittal Log � Completed Record ofMaterials � RF|Log � ChangeOvder(o) � Progress Pay Requests Certificates nfCompletion Final vuconds—hard copy and electronic D. Construction Phase Semxices—FieUd 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, Agency, utilities, and other stakeholders, and monitor for adherence hnthe Contract Documents. The Consultant's personnel will act inaccordance with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes. Advise the Agency ofany non -conforming work observed during site visits. S. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. 4. Interpret Construction Contract Documents, incoordination with Designer. 5. Evaluate issues which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. O. Establish communications with adjacent property owners. Respond hoquestions from property owners and the general public. 7. Coordinate with permit holders mnthe Project tomonitor compliance with approved permits, if applicable. 8. Prepare field records and documents to help facilitate administration of the Projectin accordance with funding agency requirements. Q. Attend and actively participate in regu|arVn'oite meetings. 10. Take periodic digital photographs during the course ofconstruction. Photographs tnbe labeled and organized eedetailed inthe CMPlan. 11. Punch List. Upon substantial completion of work, coordinate with the Agency and affected agenoino, to prepare a 'punnh |iot uf items to be completed or corrected. Coordinate final inspection with those agencies. 12.TemUng. Conduct orcause tobeconducted, materials and laboratory tests. Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of SAP +,o*/v°ki~~warth-/st-m n*uw,d"cx 3nf6 KBA, Inc. materials used in the construction; document and evaluate results of testing; and inform Agency and construction contractor of deficiencies. Deliverables ^^ |ORnwith Project photoo—oubmbt»dnnaweeNybaska � Punch List(a) �Test reports E. Assumptions 1. Budget: a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant services are budgeted from March 11.201QthnuughNovember16.201& This is intended to span the originally planned construction duration of 160 contractor working days, plus minimal time allotted for Project c|oeeouL Overtime has not been figured into the budget. b. Consultant will work uptothe limitations ofthe authorized budget. |fadditional budget io needed to cover such instances as the following, Agency and Consultant will negotiate a supplement tothis Agreement: i. The contractor's schedule requires inspection coverage of extra crews and shifts. ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. iv. The work ieanticipated tobeperformed during daytime hours. Should night work ba necessary, a 15 percent differential for labor will be applied to all night shift hours worked byConsultant's employees. o. The budget allocations shown onExhibit B.are itemized tnaid inProject tracking purposes only. The budget may be transferred between people, nrbetween labor and expenses, provided the total contracted amount ienot exceeded without prior authorization. d. The budget assumes that Consultant's standard forms, logs, and processes will beused onthe Project GhanoPnrtsite. Any nustnmizaUon0omeet specialized Agency requirements will be Extra Work. e. Should Consultant's level of effort extend beyond the time period detailed in the attached Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1, with 3O'dnywritten notice toAgency. 2~ Items and Services Agency will provide: a. Meeting arrangements and facilities for pre -bid and preconstruction meetings. Prepare and distribute meeting notes from pre -bid memdng(a), if any. b. Field C)ffioe, including: i. Workstations (demkchair, and storage) for 3staff ii. Conference table and chairs iii. Combination printer/copier/scanner with 11 x1 7 size and color capabilities iv. High speed, dedicated connection, preferably with astatic |P v. Miscellaneous office supplies vi Utilities and sanitary facilities c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. d. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related tothis Project. mproj"cts\vontra"1s\cie"1\Y°w~°mp,^,23*,-Yakima n.rth-1w-Stre~w»°fts&wegm°tio"Records\l"+= ,"*om*"cx 4of6 KBA.|no. a. Verify that the required permits, bonds, and insurance have been obtained and submitted bythe construction contractor. Obtain all permits not required toboprovided by construction contractor. [ Construction Survey. Provide project control survey and staking that ianot already assigned huthe construction contractor. 3. Scope: e. The8harePnirt tool being used onthis Project isproprietary tothe Consultant (KBA. |nn].and may not beused byany other party oronany other project without the written permission and involvement ofKBA.Inc. b. Consultant will provide observation services for the days/hours that its' Inspector(s) personnel is/are on'nite. The |nopantor(e) will not beable toobserve orreport construction antiviUea, orcollect documentation, during the time they are noton'aite. n. The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; incase ofnoncompliance, Consultant will reject non'conformingvvorkandpunnue the other remedies in the interests of the Agonoy, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor's performance, and itio understood that Consultant shall assume no responsibility for proper construction means, methods, techniqueo. Project site aafety, safety precautions or programs, orfor the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or Agency's expectations. d. Definitions and Roles. The use ofthe term ^inapect''inrelation twConsultant services ia synonymous with "construction observation, and reference 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 Agency if 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 inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a certified inspection report in accordance with anestablished standard. e. Because ufthe prior use cdthe Project site, there ioapossibility ofthe presence oftoxic orhazardous materials. Consultant shall have noresponsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure ofpersons totoxic orhazardous materials inany form ot the Project aite.ino|udingbut not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the Agency immediately for resolution. L Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements cf the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of ornune. inconsistencies oromissions. Any opinions of probable construction cost provided by the Consultant will be on the basis ufexperience and professional judgment. However, since Consultant has nn 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. h. Development of construction schedules and/or sequencing, and/or reviewing and commenting on contractor's schedules, is for the purpose of estimating number of days to Q. +,am,-Y°mh"w"rth',uuremmraMs^meg"liatio"oec" 9-0307.d"= 5ofO KBA, Inc. complete aproject, and for identifyingpotanUa schedule and coordination challenges and determining compliance with the construction contract. |tionot aguarantee that a construction contractor will complete the Project in1hotooquonceordma|ina.anmeano and methods are the responsibility ofthe construction contractor. i. Consultant is not responsible for any costs, claims or judgments arising from or in any way connected with mrnzre, omissions, conflicts orambiguities inthe Contract Documents prepared byothers. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. ]. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement. k Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, in the same geographical area and time period. |. Agency agrees that Consultant will not be held liable for the completeness, correctness, readability, or compatibility of any electronic media submitted to Agency, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant's knowledge. m. Consultant will not be liable for any damage to the field office premises or utilities provided byAgency, unless caused byConsultant's own negligence. UU. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the Agency, will be performed only when a mutually negotiated Supplement to this Agreement ieexecuted, specifying scope ofservices and budget. lie"t\Y"mm°mp`+/23*1v°wma-waiih-, " saeo.o*om,d"cx 6 of EXHIBIT B Project Name: Client Project No,: KBA Project No.: Contract Type: Date Prepared: Prepared by: Salary Escalation Yakima - N. 1st Street TBD BP 14-123-01 Cost + Net Fee (on DSC only) 3/7/2018 K. Adams 5% 11:13A, Labor Hours March 12, 2019 - November 15, 2019 Employee K. Adams TBD Brent Pierson Chuck Guana Chuck Guana Roy Lopoz Title (M4) Principal in Charge (A4) Contract Admin (T6) Resident Engineer (T5) Inspector - Day (T5) Inspector - Night (P6) Office Engineer Subtotal - KBA Labor Hours Direct Expenses Item 2019 Rate $90 00 $37.00 $55.68 $45,00 $51.75 $45,60 Vehicles © $9501mo + Tax (for RE & Inspector, full month) Vehicles @ $6/hr + Tax (for RE & !lisp, pro -rated for partial months) Mileage @ IRS approved rate (for PM 1x/mo, for OE 2xJmo) Travel Per Diem (per GSA for Yakima County WA) for OE, 2x/mo Misc: Supplies, Equipment Subtotal - Direct Expenses Subconsuttant(s) Subconsultants Baer Testing Subtotal - Subconsultant Costs Combined Costs Employee K. Adams TBD Brent Pierson Chuck Guana Chuck Guana Roy Lopez Direct Salary Costs Overhead (Home) @ Overhead (Field) @ Subtotal (DSC + OH) Fee (on DSC only) @, Title (M4) Principal in Charge (A4) Contract Admin (T6) Resident Engineer (T5) Inspector - Day (75) Inspector - Night (P6) Office Engineer Subtotal (DSC + OH + Fee) Direct Expenses (No Markup) Subconsultant(s) $94.50 $38,85 $58.46 $47,25 $54,34 $4 .88 2019 2020 Rate Rate $90.00 $37.00 $55.68 $45,00 $51,75 $45 60 $94,50 $38.85 358.46 $47,25 $54.34 $47,88 165.72% 146.88% 0 8 11-2 15 8 Total Hours 2019 Total 54 26 1,384 1,312 8 1.266 4,050 Total Costs 14,672 2,065 4,500 5,184 493 54 26 1,384 1,312 8 1,266 4,050 2019 Total 14,672 2,065 4,500 5,184 493 onth Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct- 9 Nov-19 Dec-19 Days/Mo Hr/Mo Extra Wor 21 22 22 168 176 176 12% 12°/0 12% 20 22 23 19 2 160 176 12% 25% 176 160 25% 25% 184 152 16- 12% 12% 12% Ad( Hr/Mo WeRiENCWIi '0,0410S4: 26,914 26,91411ft4 Total Costs $ 18,044 $ 18,044 Total DSC 4,860:- 962 77,061 59,040: 414 57,730 $ 200,067 $ 9,648 $ 285,307 $ 495,022 30.00% $ 60,020 555,042 26,914 18,044 2019 Total 18,044 18,044 2019 Total 4,860 962 77,061 59,040 414 Pin" 57,730 INAgall moi# ume 200,067 SW 9,648 $1111,461, 285,307 41400 8 START UP 197 197 179 220 220 200 206 170 188 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 8 10 112 112 4 2 176 176 8 2 176 176 4 2 160 160 76 166 120 8 2 176 168 8 4 2 176 176 8 2 160 160 6 2 160 184 354 534 528 446 492 488 490 536 182 Dec-19 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 1,483 500 576 55 2,096 2,096 2,096 2,096 2,096 2,096 2,096 500 500 500 500 500 500 500 576 576 576 576 576 576 576 55 55 55 55 55 55 54 583 500 576 54 2,614 3,227 3,227 3,227 3,227 3,227 3,227 3,226 1,713 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 2,582 2,577 2,577 2,577 2,577 2,577 2,577 2,582 2,577 2,577 2,577 2,577 2,577 2,577 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 720 370 6,236 5,040 5,107 17,473 1,806 24,064 360 74 9,800 7,920 8,026 26,179 719 37,815 720 74 9,800 7,920 7,570 26,083 1,316 37,145 360 74 8,909 7,200 5,472 22,015 719 31,698 720 74 9,800 7,560 414 5,928 24,496 1,316 34,813 360 74 9,800 7,920 5,928 24,082 719 34,734 720 74 8,909 7,200 7,296 24,199 1,316 34,377 540 74 8,909 8,280 8,390 26,193 1,018 37,571 360 74 4,900 4,013 9,347 719 13,091 495,022 :11114,1 43,344 64,713 64,544 54,432 60,625 59,535 59,892 64,781 23,157 mit,* 60,020 timsal 5,242 7,854 7,825 6,604 7,349 7,225 7,260 7,858 2,804 555,042 Fi= 26,914 18,044 48,586 2,614 72,567 3,227 2,582 72,369 3,227 2,577 61,036 3,227 2,577 67,973 3,227 2,577 66,759 3,227 2,577 67,151 3,227 2,577 72,639 3,226 2,577 25,961 1,713 TOTAL ESTIMATED COSTS Rounded to nearest whole dollar. CONFIDENTIAL & PROPRIETARY TO KBA, INC. $ 600,000 600,000 atila 51,199 78,376 78,173 66,840 73,777 72,563 72,955 78,442 27,673 Printed: 3/7/2019 12:12 PM S,ProptIGICararac.aenffakmaP-10.123 01.1tima NorlM1-1,1.reelaaltariegotarnor.l.m.Dralt..11) Eslimala vd-201.107 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.E. For Meeting of: April 2, 2019 Resolution ratifying a Professional Services Contract with KBA, Inc. for Construction Management Services Scott Schafer, Public Works Director Bob Desgrosellier, Acting Chief Engineer, 575-6228 SUMMARY EXPLANATION: With the North 1st Street Revitalization Phase 1 Project scheduled to begin on March 18th, an agreement was required to be in place prior to the start of the project with a consulting engineering firm to provide the dedicated construction management and inspection duties required of this important project. The City does not have the capacity to provide this vital supervision. As a result of the project start date, and the fact that the agreement was not finalized in time to get it in front of the City Council before the start date of the project, it became necessary for the City Manager to execute this agreement prior to the next available City Council meeting to avoid any delays. With Phase 1 primarily funded by a Surface Transportation Program (STP) federal grant, the City is required to adhere to all federal guidelines and regulations. The City followed the federal consultant selection procedure and utilized the Municipal Research and Service Center's (MRSC) roster in selecting qualified engineering firms that had the required experience. The City interviewed three qualified engineering firms; selecting KBA, Inc. The agreement with KBA, Inc. outlines the obligations in providing the construction management and inspection services for Phase 1 of the North 1st Street Revitalization Project in the amount not to exceed $600,000. Funding for Phase 1 of the N. 1st St. Project was secured with a $2.718 million STP grant and a $1 million Transportation Improvement Board (TI B) grant. Additional funding is to be provided by the City's utilities for their respective projects and the use of Gas Tax Funds. The City Manager's executed agreement is attached and is now submitted for City Council ratification. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development 2 STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type 0 Resolution KBA Agreement 32(12019 Resolution D cm-1[1'dd 3:77/21119 Cevc Memo