HomeMy WebLinkAboutR-2014-072 2014 Citywide Street Resurfacing Project Agreement with KBA RESOLUTION NO. 2014 -072
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement with KBA, Inc., in an amount not to exceed $1,030,000 for
construction management, inspection and related services as required on
the 2014 Citywide Street Resurfacing Project.
WHEREAS, the City of Yakima has identified funding to repair and resurface several
arterial roadways; and,
WHEREAS, the City of Yakima Engineering Division does not have sufficient personnel
to perform the inspection of the 2014 Citywide Street Resurfacing Project and all other City
projects through 2014;
WHEREAS, the City maintains access to the Municipal Research and Services Center
(MRSC) roster for consultants whose statements of qualifications represent that they have the
expertise necessary to perform the services required by the City; and,
WHEREAS, the City Engineering Division has reviewed and evaluated the submittal
from KBA, Inc. and agrees that they are qualified to perform the work required; and,
WHEREAS, the City Council deems it to be in the best interests of the City to enter into
a professional services agreement with KBA, Inc. for consulting services to perform the duties of
Construction Management and Inspection for the 2014 Citywide Street Resurfacing project,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with KBA, Inc., in an amount not to exceed the amount listed in the professional services
agreement for construction management and inspection services required on the 2014 Citywide
Street Resurfacing Project. The form of said professional services agreement shall be reviewed
and approved by the City Attorney or his designee.
ADOPTED BY THE CITY COUNCIL this 20 day of May, 2014.
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AGREEMENT
For City of Yakima Use Only:
Contract No; /t,G) BETWEEN
Project No. CITY OF YAKIMA, WASHINGTON
Resolution No,e,7
SOQ No. AND
KBA, Inc.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this c2 day of , 2014, by and
between the City of Yakima, Washington, a municipal corporation with its princ' I office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY ", and KBA, Inc. with its principal office
at 1100 Main Street, Bellevue, WA 98004, hereinafter referred to as "CONSULTANT "; said corporation and
its principal engineers are licensed and registered to do business in the State of Washington, and will
provide Construction Management services under this Agreement for the Yakima 2014 Citywide Street
Resurfacing Proiect on behalf of the City of Yakima, Project No. , 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."
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2.2.1 If such Additional Services cause an increase or decrease in the CONSULTANTS cost of,
or time required for, performance of any services under this Agreement, a contract price
and /or completion time adjustment pursuant to this Agreement shall be negotiated, and
this Agreement shall be modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the CONSULTANT according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be considered
part of the PROJECT WORK. The CONSULTANT shall not perform any Additional
Services until so authorized by CITY and agreed to by the CONSULTANT in writing.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY - FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in the
CITY'S possession relating to the CONSULTANT'S services 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 studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the CONSULTANT of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'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 CITY'S 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 inadequate, incomplete, 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
duties and obligations under this Agreement or at law. The CONSULTANT shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, 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 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Rates,
attached hereto and incorporated herein by this reference, on a time spent basis plus
reimbursement for direct non -salary expenses.
5.1.1 DIRECT NON - SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for CONSULTANT'S vehicles; meals and
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lodging; laboratory tests and analyses, printing, 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 plus a reasonable markup, not to exceed ten percent (10 %) and on the basis of
current rates when furnished by CONSULTANT Estimated Direct Non - Salary Expenses
are shown in Exhibit B
51 1 1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the CONSULTANT and each of the
Subconsultants in connection with PROJECT WORK, provided, as follows.
• That a maximum of U S INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. CONSULTANT, whenever possible,
will use the least expensive form of ground transportation
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel /motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary
5 1.2 Telephone charges, computer charges, in -house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
513 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10 %) for
services provided to the CITY through this Agreement. Estimated Subconsultant costs are
shown in Exhibit B
5 2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed One Million Thirty Thousand Dollars ($1,030,000 00) The CONSULTANT will
make 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
budget has been increased, the CONSULTANT'S excess costs expended prior to such increase
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
5 3 The CONSULTANT shall submit to the City's Representative an invoice each month for payment
for PROJECT services completed through the accounting cut -off day of the previous month Such
invoices shall 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 of time expended on the PROJECT for the current billing period,
copies of subconsultant invoices, and any other supporting materials determined by the City
necessary to substantiate the costs incurred CITY will use its best efforts to pay such invoices
within thirty (30) days of receipt and upon approval of the WORK done and amount billed CITY will
notify the CONSULTANT promptly if any problems are noted with the invoice CITY may question
any item in an invoice, noting to CONSULTANT the questionable item(s) and withholding payment
for such item(s) The CONSULTANT may resubmit such item(s) in a subsequent invoice together
with additional supporting information required
5 4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty -first (61) day at the rate of 1 0% per month or
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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 written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the CONSULTANT 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, design, 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 civil engineering
standards of care 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 will 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 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
officials, agents, officers, employees, agents 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, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the
CONSULTANT's performance under this Agreement. In the event that any lien is
placed upon the City's property or any of the City's officers, employees or agents as
a result of the negligence or willful misconduct of the CONSULTANT, the
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CONSULTANT shall at once cause the same to be dissolved and discharged by giving
bond or otherwise.
(b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss, cost, or
expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection with
the PROJECT.
(c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost,
or expense shall be shared between the CONSULTANT and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
(d) 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 by any of them, or anyone for whose acts any of them may be liable, 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 a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. The CONSULTANT specifically and expressly waives its immunity under
the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
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 or insurance with respect to the performance of a
contractor. CONSULTANT does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors 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 CITY'S and the CONSULTANT'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for CONSULTANT
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface 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 7 PROJECT SCHEDULE AND BUDGET
7.1 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 attachments. 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 of this 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 extended,
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 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 be reasonably
anticipated.
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7.2 The ENGINEER shall submit to the CITY'S Representative a Construction Progress report with
each monthly invoice.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the CONSULTANT are instruments or service of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of
the CITY without written permission of the CONSULTANT, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the CONSULTANT and
its officers, employees, subcontractors, and affiliated corporations from all claims, damages,
losses, and costs including, but not limited to, litigation expenses and attorney's fees arising out of
or related to such unauthorized reuse, change, or alteration; provided, however, that the
CONSULTANT will not be indemnified for such claims, damages, losses, and costs including,
without limitation, litigation expenses and attorney fees were caused by the CONSULTANT's own
negligent acts or omissions.
8.2 The CONSULTANT agrees that ownership of any plans, drawings, designs, specifications,
computer programs, technical reports, operating manuals, calculations, notes, 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 vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by CONSULTANT (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to 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 9 AUDIT AND ACCESS TO RECORDS
9.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in accordance
with generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY'S duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access to such books, records, and documents during the
performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the
CONSULTANT'S WORK and invoices.
9.2 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 to the disclosure of all information and reports resulting from access to
records 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 on
the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the CONSULTANT.
9.4 The CONSULTANT shall include the foregoing paragraphs in each subcontract for WORK on the
Project.
9.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in effect
insurance to protect the City and the CONSULTANT from and against all claims, damages, losses,
and expenses arising out :of or resulting from the performance of this Contract. CONSULTANT
shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The City reserves the rights to require higher limits should it deem it necessary in the
best interest of the public. If CONSULTANT carries higher coverage limits than the limits stated
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below, 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
10.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, CONSULTANT shall provide the City with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance 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 occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall 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 Contract. The policy shall name the City, its elected officials, officers,
agents, employees, and volunteers as additional insureds. The insured shall not cancel
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 -VII or higher in Best's Guide and admitted in the State of Washington.
10.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles, before this Contract is fully executed by the
parties, CONSULTANT shall provide the City with a certificate 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 policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If 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 Contract, 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 certificate of insurance shall 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 Contract. The policy shall
name the City, its elected officials, officers, agents, employees, and volunteers as
additional insureds. The insured shall not cancel 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 -VII or higher in Best's Guide
and admitted in the State of Washington.
10 1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
CONSULTANT shall 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 claim, 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 provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract. The
insured shall not cancel 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 -VII or higher in Best's Guide. If the policy is written on a
claims made 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
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected officials, officers,
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principals, employees, representatives, and agents shall have no obligation for payment
of premiums because of being named as additional insureds under such insurance.
SECTION 11 SUBCONTRACTS
11.1 CONSULTANT shall be entitled, 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 shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The
CONSULTANT shall 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 invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors 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. It is expressly intended and agreed that no
third party beneficiaries are created by this Agreement, and that the rights and remedies 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 of CITY and CONSULTANT as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of
Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this Agreement, CONSULTANT and CONSULTANT's subconsultants
and subcontractors shall not discriminate in violation of any applicable federal, state and /or local
law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, 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.
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SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK
under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering
with normal progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the
event CITY does not pay invoices when due, except where otherwise provided by this Agreement.
The time for completion of the WORK shall be extended by the number of days WORK is
suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are
subject to renegotiation, and both parties are granted the option to terminate WORK on the
suspended portion of Project in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 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 mail, return receipt requested, of
intent to terminate; and (2) an opportunity for consultation and for cure 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 17.1 of this Section, CITY may terminate this Agreement
for its convenience, in whole or in part, provided the CONSULTANT is given: (1) not less than
fifteen (15) calendar days' written notice delivered by certified mail, return receipt requested, of
intent to terminate; and (2) an opportunity for consultation with CITY before termination.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit
on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time
of termination may be adjusted to the extent of any additional costs or damages CITY has incurred,
or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the
amount of WORK originally required which was satisfactorily completed to date of termination,
whether that WORK is in a form or of a type 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. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and /or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments.
17 4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for
convenience, the adjustment pursuant to the Agreement shall include payment for services
satisfactorily performed to the date of termination, in addition to termination settlement costs the
CONSULTANT reasonably incurs relating to commitments which had become firm before the
termination, unless CITY determines to assume said commitments
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the CONSULTANT
shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2)
deliver or otherwise make available to CITY all originals of data, drawings, specifications,
calculations, reports, estimates, summaries, and such other information, documents, and materials
as the CONSULTANT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the
same.
17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall have
no responsibility to prosecute further WORK thereon
Page 9
17.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is determined
that the CONSULTANT has not so failed, the termination shall be deemed to have been effected
for the convenience of CITY. In such event, 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 by the CONSULTANT in PROJECT WORK or for any corporate officer of the
CONSULTANT to render his services to the PROJECT, the CONSULTANT shall 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.
SECTION 18 DISPUTE RESOLUTION
18 1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of
a notice of default as to whether such default does constitute a breach of the contract, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute. If either of the afore mentioned methods are not successful
then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other available means
of dispute resolution may be implemented.
SECTION 19 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 be considered 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 is earlier.
CITY: City of Yakima
Yakima, WA 98901
Attn:
CONSULTANT: KBA, Inc.
11000 Main Street
Bellevue, WA 98004
Attn: K. Wendell Adams, Project Manager
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 YA MA KBA, INC.
- / S_s Cdr
Tony O'Rourke floe, Signatur
Printed Name:. ibI &1A 1 h I C Y�I 1 � Printed Name: Kristen A. Betty
Title: City Manager Title: President
Date: 51 Date: 24 i /1, 2J /
Attester, l f ,/ ' " Ai CITY CONrRAC r NO /—
,4 / I Ci Clerk RESOLUTION NO: -.E
Page 10
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA )
(ji Dbvri ViG 2 c 22")1
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. rvuai a' j D t�
Seal or Stamp
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„� u piii iii��� (Signature) y — Kbtr
• v NOTARy A • 1 Title
PUBL (I k- P»
Printed Name
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Cs/'WASN` My commission expires: 5 I l�
Page 11
STATE OF WASHINGTON )
)ss.
t in COUNTY OF *� ) ,
I certify that I know or have satisfactory evidence that ��5lve 41 � • A ` is the person who
appeared before me, and said person acknowledged that F e /she signed this instruRent, on oath stated that
he /she was authorized to execute the instrument, and acknowledged it as the �sC c`uk of
- \ v\c ° to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: S ' L ° 1 4-
Seal or Stamp ` l ���,�
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NOTARY = Title J
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My commission expires:
Page 12
KBA, Inc. May 2, 2014
EXHIBIT A
SCOPE OF SERVICES
Construction Management Services
for
Yakima 2014 Citywide Street Resurfacing
Contract No.
KBA, Inc. (Consultant) will provide Construction Management (CM) services to City of Yakima (Client),
for the Project known as Yakima 2014 Citywide Street Resurfacing. These services will include
consultation, contract administration, field observation, documentation, and material testing, as required
during the construction of the Project, as detailed below.
Project Description: This project consists of repairing 92 lane miles of roadway within the City of
Yakima. It has 5 schedules that are slated to be constructed concurrently during the 2014 construction
season. This work includes removal of sidewalk and other obstructions, planning bituminous pavement,
crack sealing, pavement repair, sidewalk and ADA ramp construction, striping, adjusting utilities and
paving and constructing of a white- topping concrete arterial intersection. The Designer of Record is
Yakima County (Designer).
I. CONSTRUCTION MANAGEMENT SERVICES
A. Consultant Contract and Team Management. Provide overall day - to - day management of
the consultant contract and team, including:
1. Decide on best modes and frequency of communication with Client and Designer, and use
them. Liaison and coordinate with Client on a regular basis to discuss Project issues and
status.
2. Manage Consultant Team, comprised of Consultant's staff and subconsultants. Organize
and layout work for Consultant Team. Orient Client - provided Inspectors to Consultant
inspection procedures and documentation.
3 Review monthly expenditures and Consultant Team scope activities. Prepare and submit to
Client monthly, an invoice and progress report describing Consultant Team services provided
that month. Prepare and submit reporting required by funding source(s), if any.
Deliverables
• Monthly invoices and progress reports
B. Preconstruction Services
1. Review Contract Documents to familiarize team with Project requirements
2. Prepare a Construction Management Plan (CM Plan) for the Project. The CM Plan will be
developed based on the Consultant's boilerplate document, and modified to adapt to and
include Client practices and funding agency requirements, including forms to be used on the
Project. Submit to Client for review and comment, and finalize based on those comments.
The CM Plan will cover at least the following:
a. Communication and coordination between the CM Team, Designer, Client and other
stakeholders
b. Project procedures and forms
c. Document control system
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3. Attend preconstruction conference:
Deliverables
• Construction Management Plan, draft and final
C. Construction Phase Services — Contract Administration
1 Liaison with the Client, construction contractor, Designer, appropriate agencies, property
owners, and utilities.
2. Provide the Client with brief monthly construction progress reports, highlighting progress and
advising of issues which are likely to impact cost, schedule, or quality /scope.
3. 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 Client of schedule changes
4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction
contractor, including Client pre- briefing. Prepare weekly meeting agenda and meeting notes,
and distribute copies to attendees. Track outstanding issues on a weekly basis.
5. Update CM Plan as needed to reflect changes in policy and /or procedure that occur during
the Project, and orient CM Team to the changes.
6. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate
party, work plans, shop drawings, samples, test reports, and other data submitted by the
construction contractor, for general conformance to the Contract Documents.
7. Record of Materials. Provide 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.
8. Prepare weekly statement of working days and distribute to the Client and Contractor.
9. Manage RFI (Request for Information) process. Track and review /evaluate, or cause to be
reviewed /evaluated by other appropriate party, RFIs. Manage responses to RFIs.
10. Change Management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
11. Monthly Pay Requests. Prepare monthly requests for payment and /or review payment
requests submitted by the construction contractor. Review with Client and construction
contractor, and recommend approval, as appropriate.
12. 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.
13. Assist the Client in the investigation of malfunctions or failures during construction.
14. Record Drawings Review not less than monthly, the construction contractor's redline set of
contract plans. Maintain a CM Team set of conformed 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.
15 Document Control. Establish and maintain document filing and tracking systems, following
Client guidelines and meeting funding agency requirements. Collect, organize, and prepare
documentation on the Project.
a One hard copy of files will be kept in the Project field office.
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b. Electronic documentation will be stored in a Project Website, using SharePoint software,
managed and hosted by the Consultant. The Client will be provided with up to 2 licenses
for their and the construction contractor's use of the SharePoint website during the
Project. Consultant will provide one training session each for Client and construction
contractor users of the SharePoint system.
16. Project Closeout. Prepare Certificates of Substantial (including punch list), Physical, and
Final Completion for Client approval and signature. Prepare final pay estimate for Client
approval and processing.
17. Final Records. Compile and convey final Project records, transferring to the Client for
archiving at final acceptance of the Project. Records will consist of hard copy originals and
electronic records on CD /DVD.
Deliverables
• Monthly Construction Progress Reports
• Schedule Review Comments
• Meeting Agendas and Notes
• Submittal Log
• Record of Materials
• RFI Log
• Change Order(s)
• Progress Pay Requests
• Certificates of Completion
• Final records — hard copy and electronic
D. Construction Phase Services — Field
1. Observe the technical conduct of the construction, including providing day -to -day contact with
the construction contractor, Client, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents. The Consultant's personnel will act in accordance
with Sections 1 -05.1 and 1 -05.2 of the Standard Specifications
2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes, and notify construction contractor of noncompliance.
Advise the Client of any non - conforming work observed during site visits.
3. Prepare daily construction reports, recording the construction contractor's operations as
actually observed by the Consultant; includes quantities of work placed that day, contractor's
equipment and crews, and other pertinent information.
4. Interpret Contract Documents, in coordination with Designer.
5. 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 construction contractor.
6. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable.
8. Prepare field records and documents to help assure the Project is administered in
accordance with funding agency requirements.
9. Attend and actively participate in regular on -site meetings.
10. Take periodic digital photographs during the course of construction. Photographs to be
labeled and organized as detailed in the CM Plan.
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11. Punch List. Upon substantial completion of work, coordinate with the Client and affected
agencies, to prepare a `punch list' of items to be completed or corrected. Coordinate final
inspection with those agencies.
12. Testing. Conduct or cause to be conducted, materials and laboratory tests 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 construction contractor of deficiencies.
Deliverables
• Daily Construction Reports with Project photos — submitted on a weekly basis
• Punch List(s)
• Test reports
E. Assumptions
1. Budget:
a. Staffing levels are anticipated in accordance with the attached budget estimate.
Consultant services are budgeted for an approximate 8 -month period, from May 7, 2014,
through December 12th. This is intended to span the originally planned construction
duration, plus time allotted for Project setup and closeout. Consultant shall work up to
the limits of the authorized budget. No overtime has been figured into the budget.
b. If additional budget is needed to cover such instances as the following, Client and
Consultant will negotiate a supplement to this Agreement:
i. The contractor's schedule requires inspection coverage of longer than 8 hour shifts,
extra crews, and /or extra shifts.
ii. The construction contract runs longer than the time period detailed above.
iii. Any added scope tasks
iv. The work is anticipated to be performed in two shifts, Day Shift and Night Shift. A 15
percent premium for labor will be applied to all Night Shift hours.
c. If Consultant is required to provide their own construction field office, Client will reimburse
Consultant for all office costs, including lease and /or rental of space, equipment, utilities,
and insurance. Costs would be based on a 7 -month lease, with a subsequent option for
a month -to -month rental. If the office is actually occupied for a shorter period than stated
in the lease /rental agreement, Client will nevertheless reimburse Consultant for all fixed
costs based on a specified agreement period.
d. The budget allocations shown on Exhibit B are itemized to aid in Project tracking
purposes only. The budget may be transferred between tasks or people, or between
labor and expenses, provided the total contracted amount is not exceeded without prior
authorization. The Management Reserve amount, however, must be requested by the
Consultant, in writing, and released by the Client, in writing, if needed,
e. The budget assumes that Consultant's standard forms, logs, and processes will be used
on the Project SharePoint site. Any customization to meet specialized Client
requirements will be Extra Work.
2. Items and Services Client will provide:
a. Meeting arrangements and facilities for pre -bid and preconstruction meetings.
b. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final
record drawings.
c. Coordination with and enforcement of utility franchise agreements and /or contracts and
schedules for services related to this Project.
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d. Verify that the required permits, bonds, and insurance have been obtained and submitted
by the construction contractor. Obtain all permits not required to be provided by
construction contractor.
e. Construction Survey. Provide project control survey and staking that is not already
assigned to the construction contractor.
3. Scope:
a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA,
Inc.), and may not be used by any other party or on any other project without the written
permission and involvement of KBA, Inc.
b. Constructability Review of design documents will be for constructability, for general
conformance with the design concept, and for contradictions and inconsistencies
between the various parts of the design documents. This review will not include review of
the accuracy or completeness of details, such as quantities, dimensions, weights,
gauges, or fabrication processes; and will not include quantity takeoffs.
c. Consultant will provide observation services for the days /hours that its' Inspector(s)
personnel is /are on -site. The Inspector(s) will not be able to observe or report
construction activities, or collect documentation, during the time they are not on -site.
d. The Consultant's monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non - conforming work and pursue the
other remedies in the interests of the Client, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction contractor's performance, and it is
understood that Consultant shall assume no responsibility for proper construction means,
methods, techniques, Project site safety, safety precautions or programs, or for the failure
of any other entity to perform its work in accordance with laws, contracts, regulations, or
Client's expectations.
e. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is
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 Client 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 an established
standard.
f. Because of the prior use of the Project site, there is a possibility of the presence of toxic
or hazardous materials. Consultant shall have no responsibility for the discovery,
presence, handling, removal or disposal of toxic or hazardous materials, or for exposure
of persons to toxic or hazardous materials in any form at the Project site, including but
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 Client immediately for resolution.
g. Review of Shop Drawings, samples, and other submittals will be for general conformance
with the design concept and general compliance with the requirements of 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
errors, inconsistencies or omissions.
h 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
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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
i 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
complete a project, and for identifying potential schedule and coordination challenges
and determining compliance with the construction contract. It is not a guarantee that a
construction contractor will complete the Project in that sequence or timeline, as means
and methods are the responsibility of the construction contractor.
j 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. 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.
k. If Consultant provides Value Analysis or Value Engineering services, it is understood that
any ideas, advice, or recommendations generated by the Consultant are made based
only on the information presented to them, and need engineering analysis by the
Designer to verify; Consultant is not responsible for the final design product.
I. Client agrees to include a statement in the construction Bid Documents for this Project,
requiring construction contractor to name KBA, Inc. as an additional insured via
endorsement to the contractor's commercial general liability and automobile insurance
policies.
m. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement.
n. 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.
o. Because data stored on electronic media can deteriorate undetected or can be modified
without Consultant's knowledge, Client agrees that Consultant will not be held liable for
the completeness, correctness, readability, or compatibility of any electronic media
submitted to Client, after an acceptance period of 30 days after delivery of the electronic
files.
p. Consultant will not be liable for any damage to the field office premises or utilities
provided by Client, unless caused by Consultant's own negligence.
II. OPTIONAL SERVICES
All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget. Potential Optional Services include:
A. Overtime due to contractor running longer than 8 hour shifts.
B. Restaking and /or changes to the one -time control and construction staking, as design changes or
stakes or monuments are interfered with by construction contractor.
C. Public Involvement Support:
1 Coordinate media releases and traffic advisory updates.
2. Develop and maintain Project website, updating Project progress monthly
3. Provide periodic notification newsletters to affected property owners on upcoming work, and
include contact numbers.
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D. 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 construction contractor involving claims
and legal complaints, or a significant amount of defective or rejected work. A "significant
amount" 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 construction 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 construction 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.
E. Prepare additional copies of approved drawings, specifications, and other contract documents,
either for bidding purposes, or as requested by the Client.
F. Provide record drawings.
G. Drafting of Procedures, or Operations and Maintenance Manual(s).
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EXHIBIT B
4 . ' Project Name: 2014 Grind & Overlays - Insp o Month ! May -14 Jun -14 Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14
, Client Project No. TBD g Days/Mo 21 21 22 21 21 23 18 22
' KBA Project No. BP 14 -045 E z Hr/Mo 168. 168 176 168 168 184 144 176
CONSTRUCTION Contract Type: Cost -•• Net Fee (on DSC only) t ° Extra Work 25% 25% 25% 25% 25% 25% 25% 25%
cm
MANAGEMENT Date Prepared: 5/2/2014 AdjHr/Mo 210 210 220 210 210 230 180 220
Prepared by K Adams
Salary Escalation 4% on January 1, 2015 .s Start Up
KBA Labor Hours Closeout
Employee Title Rafe Total Hours 2014 Total May -14 Jun -14 Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14
K Adams (M3) Project Manager $77.00 140 140 20 24 24 16 16 16 16 8
Denny Jackson (M3) QA/QC Training $81.00 142 142 14 24 24 24 24 16 16 -
Jim Tobin (E6) Resident Engineer $51.00 966 966 46 84 88 168 168 184 144 84
Roy Lopez (P4) Office Engineer $40.80 976 976 56 84 88 168 168 184 144 84
TBD (P5) Inspector (Day) $45.00 1,060 1,060 52 168 176 168 168 184 144 -
TBD (P5) Inspector (Day) $40.00 1,120 1,120 112 168 176 168 168 184 144 -
TBD (P5) Inspector (Night) $51 75 1,060 1,060 52 168 176 168 168 184 144 -
TBD - (P5) Inspector (Night) $46.00 1,120 1,120 112 168 176 168 168 184 144 -
TBD (P3) Jr Inspector (Day) $33.00 - - - - - - - - - -
TBD (P3) Jr Inspector (Night) $37.95 1,120 1,120 112 168 176 168 168 184 144 -
Deborah Ottum (M1) Contract Admin $46.00 39 39 6 5 5 5 5 5 4 4
TBD (A4) SharePoint Admin $31.00 26 26 16 1 1 1 1 1 1 4
Subtotal - KBA Labor Hours 7,769 7,769 598 1,062 1,110 1,222 1,222 1,326 1,045 184
Direct Expenses
Item Total Costs 2014 Total May -14 Jun -14 Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14
Vehicles $ 31,638 31,638 2,582 4,843 5,073 4,843 4,843 5,304 4,151 -
Mileage /Per Diems $ 27,157 27,157 1,891 4,164 4,164 4,164 4,164 4,164 4,164 282
Misc: Supplies /Equipment /Postage $ 3,849 3,849 444 553 553 553 553 553 553 87
Copier /Scanner /Printer $ 2,160 2,160 160 200 200 400 400 400 400 -
Subtotal - Direct Expenses $ 64,804 64,804 5,077 9,760 9,990 9,960 9,960 10,421 9,268 369
Combined Costs
Employee Title Rate Total DSC 2014 Total May -14 Jun -14 Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14
K Adams (M3) Project Manager $77.00 $ 10,780 10,780 1,540 1,848 1,848 1,232 1,232 1,232 1,232 616
Denny Jackson (M3) QA/QC Training $81.00 $ 11,502 11,502 1,134 1,944 1,944 1,944 1,944 1,296 1,296 -
Jim Tobin (E6) Resident Engineer $51.00 $ 49,266 49,266 2,346 4,284 4,488 8,568 8,568 9,384 7,344 4,284
Roy Lopez (P4) Office Engineer $40.80 $ 39,821 39,821 2,285 3,427 3,590 6,854 6,854 7,507 5,875 3,427
TBD (P5) Inspector (Day) $45.00 $ 47,700 47,700 2,340 7,560 7,920 7,560 7,560 8,280 6,480 -
TBD (P5) Inspector (Day) $40.00 $ 44,800 44,800 4,480 6,720 7,040 6,720 6,720 7,360 5,760 -
TBD (P5) Inspector (Night) $51.75 $ 54,855 54,855 2,691 8,694 9,108 8,694 8,694 9,522 7,452 -
TBD (P5) Inspector (Night) $46.00 $ 51,520 51,520 5,152 7,728 8,096 7,728 7,728 8,464 6,624 -
TBD (P3) Jr Inspector (Day) $33.00 $ - - - - - - - - - -
TBD (P3) Jr Inspector (Night) $37.95 $ 42,504 42,504 4,250 6,376 6,679 6,376 6,376 6,983 5,465 -
Deborah Ottum (M1) Contract Admin $46.00 $ 1,794 1,794 276 230 230 230 230 230 184 184
TBD (A4) SharePoint Admin $31.00 $ 806 806 496 31 31 31 31 31 31 124
Direct Salary Costs $ 355,348 355,348 26,990 48,842 50,975 55,937 55,937 60,289 47,743 8,635
Overhead @ 146.62% $ 521,011 521,011 39,573 71,612 74,739 82,015 82,015 88,396 70,001 12,661
Fee (on DSC only) @ 25.00% .$ 88,837 88,837 6,748 12,210 12,744 13,984 13,984 15,072 11,936 2,159
Subtotal(DSC +OH +Fee) $ 965,196 965,196 73,311 132,664 138,458 151,936 151,936 163,757 129,680 23,455
Direct Expenses (no mark -up) $ 64,804 64,804 5,077 9,760 9,990 9,960 9,960 10,421 9,268 369
TOTAL ESTIMATED COSTS I $ 1,030,000 I 1,030,000 I 1 78,389 142,423 148,448 161,895 161,895 174,178 138,948 23,824
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EXHIBIT C
Schedule of Specific Rates
KBA, Inc.
2014 146.62% 25% Loaded
LABOR CLASSIFICATION DSC Rate OH Rate Fee Rate
(M3) Principal /Project Manager $77.00 $112.90 $19.25 $209.15
(M3) QA/QC Training $81.00 $118.76 $20.25 $220.01
(E6) Resident Engineer $51.00 $74 78 $12.75 $138.53
(P4) Office Engineer $40.80 $59.82 $10.20 $110.82
(P5) Inspector (Day) $45 00 $65.98 $11.25 $122.23
(P4) Inspector (Day) $40.00 $58.65 $10.00 $108.65
(P5) Inspector (Night) $51.75 $75.88 $12.94 $140.56
(P4) Inspector (Night) $46.00 $67.45 $11.50 $124.95
(P3) Jr Inspector (Day) $33.00 $48.38 $8.25 $89.63
(P3) Jr. Inspector (Night) $37.95 $55.64 $9.49 $103.08
(M1) Contract Administrator $46.00 $67.45 $11.50 $124.95
(A4) SharePoint Admin /Closeout $31.00 $45.45 $7.75 $84.20
DIRECT EXPENSES
Vehicles $42/day + tax per vehicle, per inspector
Mileage Current IRS Mileage Rate
Meals Not to exceed $40 /day, per person
Lodging Reasonably priced hotel /motel, per person
Supplies, Equipment, Copier /Copies, Postage At cost
Subconsultants At Cost + 10%
DSC Rates shall adjust January 1, 2015.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
item No. G.
For Meeting of: May 20, 2014
ITEM TITLE: Resolution authorizing a Professional Services Agreement
with KBA, Inc., in an amount not to exceed $1,030,000 for
construction management, inspection and related services as
required on the 2014 Citywide Street Resurfacing Project.
SUBMITTED BY: Debbie Cook, PE, Director of Utilities and Engineering
Brett Sheffield, Chief Engineer - 509 - 576 -6797
SUMMARY EXPLANATION:
In order to select a consultant to assist the City with construction management and inspection
services for the grind and overlay of 92 lane miles scheduled this summer, the City's
Engineering Division requested Statements of Qualifications from five (5) qualified
consultants who are listed on the Municipal Research and Services Center (MRSC) roster for
consultants: RH2, Harris & Associates, HLA, JUB and KBA. Only KBA responded to the
request. After reviewing KBA's Statement of Qualifications & confirming that they are qualified
and have sufficient staffing to perform the required work, KBA was chosen.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source /Fiscal $16,000,000 in local funds for design, construction
Impact: and construction management.
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: City Manager
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RECOMMENDATION:
Staff recommends approval of this resolution.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution 5/9/2014 Cover Memo
❑ KBA contract 5/15/2014 Cover Memo