HomeMy WebLinkAboutCOW 2011-11-14 Item 5G - Agreement - 2012 Overlay and Repair Program with KPGCOUNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Meeting Date Prepard b Mayor's review Council rem
11/14/11 B
11/21/11 B 5.G.
ITEM INFORMATION
I CASNUMBER: STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 11/14/11
AGENDA I'rEM TITLE 2012 Annual Overlay Repair Program Consultant Agreement with KPG, Inc.
CATEGORY N Discussion N Motion Resolution Ordinance Bid Award Public Hearing Other
Alt g Date 11/14/11 Mtg Date 11/21/11 Aft Date Alt Date AV Date Alt Date Mtg Date
(SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police N PW
SPONSOR'S This contract is for final design and bid documents for the 2012 Annual Overlay and Repair
SUMMARY Program. KPG had completed approximately 30% of the design last year for these street
segments, but budget restrictions delayed the final design until 2012. The street segments
scheduled for 2012 include seven road sections. Council is being asked to approve the
design contract with KPG, Inc. in the amount of $79,986.87.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte N Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/07/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Forward to Committee of the Whole.
COST IMPACT FUND SOURCE
EXI'ENDI' uR REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$79,986.87 $100,000.00 $0.00
Fund Source: 104 ARTERIAL STREETS (PG 14, 2012 PROPOSED CIP)
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
11/14/11
11/21/11
MTG. DATE I ATTACHMENTS
11/14/11 Informational Memorandum dated 11/04/11
vicinity Map
Contract with KPG, Inc with Scope of Work and Fee
Minutes from the Transportation Committee meetings of 11/07/11
1
11/21/11
137
138
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
TRANSPORTATION COMMITTEE
FROM: Bob Giberson, Public Works Director
DATE: November 4, 2011
SUBJECT: 2012 Overlav and Repair Program
Project No. 91110404
Consultant Selection and Agreement
ISSUE
Execute a contract with KPG, Inc. to provide design services for the 2012 Overlay Program.
BACKGROUND
The City generally uses the Municipal Research and Services Center (MRSC) consultant roster whenever possible to
select engineering firms to provide necessary services. In this instance, all of the projects included on the overlay list
for 2012 were carried over from the 2011 Overlay Program designed by KPG, Inc. A preliminary +30 design was
completed in 2011 in order to estimate construction costs to determine which projects could be constructed within the
budget. More projects were identified than could be constructed within the 2011 budget. Since KPG has already
prepared preliminary plans for each project segment, it is unreasonable to expect another firm to compete with KPG
in a knowledgeable and cost effective manner. Therefore, it is recommended to contract with KPG, Inc. to complete
design of the projects started in 2011 that are proposed to be constructed in the 2012 Overlay Program. KPG has
performed very well on previous City projects.
Starting the design process in the fall and advertising for construction bids in January or February of each year allows
the City to take advantage of the optimal bidding climate that usually occurs early in the year. The list of streets for
the 2012 Overlay Program was developed using the City's Pavement Management Program with input from
engineering and maintenance staff.
DISCUSSION
KPG, Inc. has provided a contract, scope of work, and fee estimate to complete design of the 2012 Overlay and
Repair Program and advertise for construction bids (see attached).
Contract Budqet
Final Design 2012
$79.986.87 $100.000.00
1. Tukwila Parkway: Andover Park W to Bahama Breeze (including 61St Ave S to bridge)
2. S 150th St:
3. Beacon Avenue:
4. Andover Park East:
5. Andover Park West:
6. 49th Avenue South:
7. S 114th St:
RECOMMENDATION
Tukwila International Blvd to 42nd Ave S
Bangor St to S 107th St
Strander Blvd to Tukwila Parkway
S 180th St to Minkler Blvd (including intersection
S 107th St to S 114th St
49th Ave S to 51 It Ave S
The Council is being asked to approve and forward the proposed contract with KPG, Inc. in the amount of $79,986.87
for consideration at the November 14, 2011 Committee of the Whole meeting and subsequent November 21, 2011
Regular Meeting.
Attachments: Vicinity Map
Contract, Scope of Work and Fee Estimate
W1PW EngWROJECTSIA- RW RS Projects01210401 2012 0verla#nfo Memo Consult Select 11 -4-11 gl.docx
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CONSULTANT AGREEMENT FOR
ENGINEERING DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and KPG, Inc., hereinafter referred to as "the Consultant in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform engineering design
services in connection with the project titled 2012 Overlay Program.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3, Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 365 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $79,986.87 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
um,
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other .materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and. agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written .notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
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be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement, The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
1 1. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non- Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
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145
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc.
753 9th Avenue N.
Seattle, WA 98109
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this
CITY OF TUKWILA
day of
Jim Haggerton, Mayor
Attest/Authenticated:
Christy O'Flaherty, CMC, City Clerk
2011
CONSULTANT
By
Nelson Da k xplo
Title:
Principal
Approved as to Form:
Office of the City Attorney
0
'm:
EXHIBIT A
City of Tukwila
2012 Overlay Program
Scope of Work
November 1, 2011
PROJECT DESCRIPTION
The Consultant shall prepare final Plans, Specifications and Estimates for the 2012overlay program.
Specific projects will be determined from the following list of candidate streets:
Tukwila Parkway Andover Park West to Bahama Breeze (including 61 st Ave to S -line
bridge)
S 150th St
Tukwila International Blvd to 42nd Ave S
Beacon Ave
Bangor St to S 107th St
Andover Park West
S 180` St to Minkler Blvd.
Andover Park East
Strander to Tukwila Parkway
49th Ave S
S 107th St to S 114th St
S 114th St
51 st Ave S to 49` Ave S
The Consultant performed preliminary mapping and design to the approximate 30% level of completion
for budget estimating purposes in 2011. Design and specifications for all project segments will be
completed through the 90% and final bid documents. Projects will be included in the 2012 overlay
program for a total construction budget of approximately $1 Million.
The Consultant shall provide all necessary field reviews, base mapping, and utility notification required to
complete final bid documents. The Consultant shall also prepare the bid tabulation, check low bidder(s)
references, and provide a recommendation for award to the City.
Projects will be bid as a single bid package as budget allows. Projects may be re- prioritized or deferred to
a future overlay program based on available budget and other considerations. Detailed estimates will be
prepared at the 90% design to verify the final project list to be included in the 2012 Overlay Program.
An allowance is included to provide support to the City's pavement management system. This work will
be performed by the Consultant and/or Pavement Engineers Inc. under subcontract to the Consultant as
required.
The City of Tukwila may require other services of the consultant. These services could include additional
design, right of way, construction phase services, or other work tasks not included in the scope of work.
At the time these services are required, the Consultant will provide the City with a detailed scope of work
and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized
the work and issued a Notice to Proceed.
City of Tukwila KPG, Inc.
2012 Overlay Program Page 1 of 3 November 1, 2010
147
SCOPE OF WORK
TASK 1 MANAGEMENT /COORDINATION /ADMINISTRATION
1.1 The Consultant shall provide continuous project management and administration for the
duration of the Project. (Estimate 6 months).
Hold project coordination meetings with the City to update progress and review
submittals. Assume (4) meetings.
The Consultant shall provide monthly status reports and billings.
1.2 The Consultant shall provide independent QA/QC reviews by senior in -house staff of all
deliverables prior to submittal to the City.
TASK 2 PREPARE PLANS, SPECIFICATIONS AND ESTIMATE
2.1 The Consultant shall finalize base maps for all of the project segments using field
measurements, available record drawings and ortho photography.
2.2 The Consultant shall prepare final Plans for the proposed improvements including the
following:
Plans shall be prepared with such provisions in such detail as to permit field layout and
construction within a degree of accuracy acceptable to the City and per industry
standards.
It is assumed there will be eighteen (18) plan sheets at 1 =20' scale full size (22" X 34
1 =40' at reduced scale (11" X 17
Typical sections and details will be prepared for items not available as standard details
from the City, State, or APWA standard drawings.
The Plans shall illustrate complete details of construction of the proposed improvements
including limits of construction and removals, utility adjustments, surfacing depths and
details, and applicable channelization and signing.
The Consultant shall perform Project site walkthroughs with the City to determine extent
of roadway improvements /resurfacing (Estimate 2 meetings).
Pavement sections will be determined through consultation with the City's maintenance
staff and previous experience.
2.3 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable
Construction Cost for each review submittal and the bid documents.
2.4 The Consultant shall prepare the Contract Specification per 2012 WSDOT Standard
Specifications.
2.5 The Consultant shall distribute 90% and Final review submittals to franchise utility owners
for utility adjustments within the Project limits.
City of Tukwila
2012 Overlay Program
Page 2 of 3
KPG, Inc.
November 1, 2010
MR,
2.6 The consultant shall assist the City with Project Advertisement and Award by uploading
plans and specifications to bxwa.com, preparing addenda, bid tabulation, and
recommendation for award..
Assumptions
Field survey will not be required.
Typically, only surface utilities requiring adjustment to grade will be shown.
No federal funding is anticipated for the Project engineering or construction.
No utility upgrades are anticipated in the project design.
Drainage Water Quality Reports will not be required.
Geotechnical Engineering services will not be required.
Environmental Documentation will not be required.
Deliverables
90% review submittal with Plans, Specifications, and Estimate.
Bid Documents and Engineer's Estimate
6 sets of Plans (11" X 17 and specifications provided for each review submittal.
10 sets of Plans (11" X 17 and specifications for the Bid Documents.
Coordinate upload of Plans and Specifications to Builders Exchange.
TASK 3 PAVEMENT MANAGEMENT SUPPORT (AS NEEDED)
3.1 The City may require other services of the consultant in updating the City's Pavement
Management Program. This work will be conducted on an as needed basis within the budget
allowances contained in Schedule B. For budgeting purposes, we have included 24 hours of
staff time and a $2,000 allowance for Pavement Engineers under subcontract to the
Consultant.
City of Tukwila
2012 Overlay Program
Page 3 of 3
KPG, Inc.
November 1, 2010
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TRANSPORTATION COMMITTEE Meeting Minutes
November 7, 2011— 5: 00 p.m. Conference Room I
Citv of Tukwila
Transportation Committee
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffie and Verna Seal
Staff: Bob Giberson, Frank Iriarte, Jack Pace, David Cline, Maggi Lubov and Gail Labanara
Guests: Chuck Parrish
CALL TO ORDER: The meeting was called to order at 5:02p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. WS DOT Rideshareonline.com Pro iect —Grant Fundinv Agreement
Staff is seeking Council approval of a Washington State Department of Transportation funding contract in
the amount of $101,370.00 for the pilot project, Rideshareonline.com. This contract will fund the South
King County cities of Tukwila, Renton, SeaTac, Federal Way, Kent, Burien, and Auburn, with Tukwila as
the lead agency. The contract is for one year and requires no City matching funds.
The WSDOT funding contract will cover two positions, one full -time and one part-time, along with
marketing and materials to implement the project. Deliverables include guides, training sessions, marketing
plan, and assessment of the viability for establishing a South King County transportation coalition.
UNANIMOUS APPROVAL.FORWARD TO NOVEMBER 14 COW FOR DISCUSSION.
B. Interlocal Aiireement with Kine Countv to Transfer Ownership of a Tukwila South Drainaee Facilitv
Staff is seeking Council approval to allow Tukwila to accept transfer ownership, via an interlocal
agreement, of a parcel of land located in the Tukwila South area that contains a storm drainage detention
pond.
All rights -of -way were automatically transferred from King County to Tukwila for the Tukwila South
annexation, but real property owned by King County was not automatically transferred. This specific parcel,
Number 0222049061, now needs to be transferred to Tukwila, as it is needed as part of the Sensitive Areas
Master Plan (SAMP) that has been approved for the Tukwila South area. The parcel will be transferred to
Tukwila and then will become part of the regional stormwater pond and river habitat. .UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 14 COW FOR DISCUSSION.
C. 2012 Overlav Repair Program Consultant Selection and Agreement
Staff is seeking full Council approval to enter into a contract with KPG, Inc. in the amount of $79,986.87
for final design services for the 2012 Overlay Repair Program.
KPG, Inc. started the initial design for the proposed seven street segments in 2011, but due to budget
restrictions, design was put on hold. This contract will finish the seven street segments and prepare the
project to be advertised for bid. Bid advertisement is anticipated for March /April 2012.
As with past practice, the list of streets for repair was largely developed from the City's Pavement
Management Program. Staff will return to Committee in 2012 with a construction bid. The final list of
projects will depend on cost estimates, with a balance made between the cost of the project and its priority.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 14 COW FOR DISCUSSION.
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